Agency review of rules
(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(c) Whether subsequent changes in the law require that the rule be repealed or amended; and
(d) Whether there is continued need for the rule.
(2) An agency shall utilize available information in complying with the requirements of subsection (1) of this section.
(3) An agency shall provide a report on each review of a rule conducted under this section:
(a) To the Secretary of State; and
(b) If the agency appoints 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.
(4) The provisions of this section do not apply to the amendment or repeal of a rule.
(5) 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. [2005 c.807 §3; 2017 c.518 §6]
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.
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.