Oregon Statutes 183.355 – 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Secretary of State shall by rule prescribe requirements for the manner and form for filing rules adopted, amended or repealed by agencies.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.
Terms Used In Oregon Statutes 183.355
- Agency: means any state board, commission, department, or division thereof, or officer authorized by law to make rules or to issue orders, except those in the legislative and judicial branches. See Oregon Statutes 183.310
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Contested case: means a proceeding before an agency:
(A) In which the individual legal rights, duties or privileges of specific parties are required by statute or Constitution to be determined only after an agency hearing at which such specific parties are entitled to appear and be heard;
(B) Where the agency has discretion to suspend or revoke a right or privilege of a person;
(C) For the suspension, revocation or refusal to renew or issue a license where the licensee or applicant for a license demands such hearing; or
(D) Where the agency by rule or order provides for hearings substantially of the character required by ORS § 183. See Oregon Statutes 183.310
- Order: includes any agency determination or decision issued in connection with a contested case proceeding. See Oregon Statutes 183.310
- Person: means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character other than an agency. See Oregon Statutes 183.310
- Rule: means any agency directive, standard, regulation or statement of general applicability that implements, interprets or prescribes law or policy, or describes the procedure or practice requirements of any agency. See Oregon Statutes 183.310
- State Treasury: includes those financial assets the lawful custody of which are vested in the State Treasurer and the office of the State Treasurer relating to the custody of those financial assets. See Oregon Statutes 174.100
- Statute: A law passed by a legislature.
(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 (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. 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.
(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 (1);
(b) Electronic publication of the bulletin referred to in ORS § 183.360 (3); and
(c) Electronic publication of rules and other information relating to rules under ORS § 183.365.
(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.
(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 (7), the Secretary of State shall:
(a) Electronically transmit the rule to the Legislative Counsel in accordance with ORS § 183.715; 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]