Filing and taking effect of rules
- • filing of executive orders
- • copies
- • fees
- • rules
(1) The Secretary of State shall by rule prescribe requirements for the manner and form for filing rules adopted, amended or repealed by agencies. The Secretary of State may refuse to accept for filing any rules that do not comply with the requirements.
(2)(a) Each agency shall file with the office of the Secretary of State each rule adopted by the agency.
(b) Unless otherwise provided by rule adopted by the Secretary of State, 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.
(3) Each rule is effective upon filing as required by subsection (2) 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.
(4) When a rule is amended or repealed by an agency, the agency shall file the amendment or notice of repeal with the Secretary of State.
(5) 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.
(6) A rule is not valid or effective against any person or party until the rule 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 the case and subsequent cases of like nature the agency may rely upon the decision in disposition of later cases.
(7) The Secretary of State shall, upon request, supply copies of rules, or orders or designated parts of rules or orders, in the format requested, 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).
(8) 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) Electronic 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).
(9) All fees collected under subsection (8) 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).
(10) No later than 10 days after an agency files an adopted, amended or repealed rule with the Secretary of State, other than a rule amended for a purpose described in ORS 183.335 (Notice) (7), the Secretary of State shall:
(a) Electronically transmit the rule to the Legislative Counsel in accordance with ORS 183.715 (Submission of adopted rule to Legislative Counsel required); and
(b) Provide to the agency that filed the rule a written confirmation that the rule was transmitted to the Legislative Counsel. [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; 2017 c.518 §3]
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.