ORS 183.405
Agency review of rules

  • report by Secretary of State

(1)

Not later than five years after adopting a rule, an agency shall review the rule for the purpose of determining:

(a)

Whether the rule has had the intended effect;

(b)

Whether the anticipated fiscal impact of the rule was underestimated or overestimated;

(c)

Whether subsequent changes in the law require that the rule be repealed or amended;

(d)

Whether there is continued need for the rule; and

(e)

What impacts the rule has on small businesses.

(2)

Upon request of an agency, the Small Business Rules Advisory Committee established in ORS 183.407 (Small Business Rules Advisory Committee) may agree to complete the review and reporting required by this section for the agency.

(3)

An agency or the Small Business Rules Advisory Committee shall utilize available information in complying with the requirements of subsection (1) of this section.

(4)

An agency or the Small Business Rules Advisory Committee shall provide a report on each review of a rule conducted under this section:

(a)

To the Secretary of State;

(b)

To the Small Business Rules Advisory Committee, unless the committee completed the review under subsection (2) of this section; and

(c)

If the agency appointed an advisory committee pursuant to ORS 183.333 (Policy statement) for consideration of a rule subject to the requirements of this section, to the advisory committee.

(5)

The provisions of this section do not apply to the amendment or repeal of a rule.

(6)

The provisions of this section do not apply to:

(a)

Rules adopted to implement court orders or the settlement of civil proceedings;

(b)

Rules that adopt federal laws or rules by reference;

(c)

Rules adopted to implement legislatively approved fee changes; or

(d)

Rules adopted to correct errors or omissions.

(7)

The Secretary of State shall compile the reports submitted under this section during each calendar year and submit an annual report to the Legislative Assembly in the manner required by ORS 192.245 (Form of report to legislature) no later than February 1 of the following year. [2005 c.807 §3; 2017 c.518 §6; 2018 c.20 §4]
Note: 183.405 (Agency review of rules) was added to and made a part of 183.325 (Delegation of rulemaking authority to named officer or employee) to 183.410 (Agency determination of applicability of rule or statute to petitioner) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 183.405 — Agency review of rules; report by Secretary of State, https://www.­oregonlegislature.­gov/bills_laws/ors/ors183.­html.

183.310
Definitions for chapter
183.315
Application of provisions of chapter to certain agencies
183.325
Delegation of rulemaking authority to named officer or employee
183.330
Description of organization
183.332
Policy statement
183.333
Policy statement
183.335
Notice
183.336
Cost of compliance effect on small businesses
183.337
Procedure for agency adoption of federal rules
183.341
Model rules of procedure
183.355
Filing and taking effect of rules
183.360
Publication of rules and orders
183.365
Publication of administrative rules in electronic form
183.370
Distribution of published rules
183.390
Petitions requesting adoption of rules
183.400
Judicial determination of validity of rule
183.403
Agency report to Legislative Assembly regarding temporary rules
183.405
Agency review of rules
183.407
Small Business Rules Advisory Committee
183.410
Agency determination of applicability of rule or statute to petitioner
183.411
Delegation of final order authority
183.413
Notice to parties before hearing of rights and procedure
183.415
Notice of right to hearing
183.417
Procedure in contested case hearing
183.425
Depositions or subpoena of material witness
183.430
Hearing on refusal to renew license
183.435
Period allowed to request hearing for license refusal on grounds other than test or inspection results
183.440
Subpoenas in contested cases
183.445
Subpoena by agency or attorney of record of party when agency not subject to ORS 183.440
183.450
Evidence in contested cases
183.452
Representation of agencies at contested case hearings
183.453
Representation of Oregon Health Authority and Department of Human Services at contested case hearings
183.457
Representation of persons other than agencies participating in contested case hearings
183.458
Nonattorney and out-of-state attorney representation of parties in certain contested case hearings
183.459
Representation of home care worker by labor union representative
183.460
Examination of evidence by agency
183.462
Agency statement of ex parte communications
183.464
Proposed order by hearing officer
183.470
Orders in contested cases
183.471
Preservation of orders in electronic format
183.480
Judicial review of agency orders
183.482
Jurisdiction for review of contested cases
183.484
Jurisdiction for review of orders other than contested cases
183.485
Decision of court on review of contested case
183.486
Form and scope of decision of reviewing court
183.490
Agency may be compelled to act
183.497
Awarding costs and attorney fees when finding for petitioner
183.500
Appeals
183.502
Authority of agencies to use alternative means of dispute resolution
183.530
Housing cost impact statement required for certain proposed rules
183.534
Housing cost impact statement described
183.538
Effect of failure to prepare housing cost impact statement
183.540
Reduction of economic impact on small business
183.605
Office of Administrative Hearings
183.610
Chief administrative law judge
183.615
Administrative law judges
183.620
Contract administrative law judges
183.625
Assignment of administrative law judges
183.630
Model rules of procedure
183.635
Agencies required to use administrative law judges from Office of Administrative Hearings
183.640
Use of Office of Administrative Hearings by exempt agencies and by political subdivisions
183.645
Request for change of administrative law judge
183.650
Form of order
183.655
Fees
183.660
Office of Administrative Hearings Operating Account
183.665
Estimates of office expenses
183.670
Rules
183.675
Alternative dispute resolution
183.680
Standards and training program
183.685
Ex parte communications
183.690
Office of Administrative Hearings Oversight Committee
183.700
Permits subject to ORS 183.702
183.702
Statement of criteria and procedures for evaluating permit application
183.705
Extended term for renewed licenses
183.710
Definitions for ORS 183.710 to 183.730
183.715
Submission of adopted rule to Legislative Counsel required
183.720
Procedure for review of agency rule
183.722
Required agency response to Legislative Counsel determination
183.724
Designation of interim committees for purposes of considering rule reports
183.730
Review of rule by Oregon Sunshine Committee
183.745
Civil penalty procedures
183.750
State agency required to prepare public writings in readable form
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