may agree to complete the review and reporting required by this section

183.407 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 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 no later than February 1 of the following year. [2005 c.807 �3; 2017 c.518 �6; 2018 c.20 �4]

����� Note: 183.405 was added to and made a part of 183.325 to 183.410 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 183.407 Small Business Rules Advisory Committee. (1) The Small Business Rules Advisory Committee is established to serve as an advisory committee for agencies adopting new administrative rules and to review the effectiveness of existing administrative rules.

����� (2) The committee consists of nine members as follows:

����� (a) Two representatives of small businesses appointed by the Governor;

����� (b) Two representatives of small businesses appointed by the President of the Senate;

����� (c) Two representatives of small businesses appointed by the Speaker of the House;

����� (d) A representative of small businesses appointed by the Office of Small Business Assistance established in ORS 56.203;

����� (e) A representative of state agencies appointed by the Director of the Oregon Department of Administrative Services; and

����� (f) A member who is an expert in the rulemaking process appointed by the State Archivist.

����� (3)(a) Upon request of an agency, the committee shall serve as the advisory committee or fiscal impact advisory committee for reviewing an agency�s proposed administrative rules under ORS 183.333.

����� (b) When an agency uses the committee as the advisory committee under this subsection with regard to adoption of rules implementing legislation enacted by the Legislative Assembly, the committee shall invite to participate as a nonvoting member of the committee:

����� (A) For legislation sponsored by a member of the Legislative Assembly, the first chief sponsor of the legislation, or another sponsor of the legislation as designated by the first chief sponsor.

����� (B) For legislation sponsored by a committee of the Legislative Assembly, the chair of the committee that sponsored the legislation at the time the legislation was introduced, or another member of the committee as designated by the chair.

����� (4) Upon request of an agency, the committee may agree to complete the rules review and reporting required by ORS 183.405 in place of the agency.

����� (5) Members of the committee shall be appointed to serve for terms of two years, but a member serves at the pleasure of the appointing authority. The appointing authority shall appoint a person to fill any vacancy on the committee for the expired term. A member may be reappointed to the committee.

����� (6) The members of the committee shall elect a chairperson from among the members of the committee. In the absence of a chairperson, the member appointed by the State Archivist shall serve as acting chairperson.

����� (7) A majority of the members of the committee constitutes a quorum for the transaction of business.

����� (8) The committee shall meet upon the call of the chairperson or upon a request of a majority of the members of the committee. The committee may meet by phone or video conference with at least 24 hours� public notice.

����� (9) The State Archives shall provide administrative support to the committee.

����� (10) Members of the committee are not entitled to compensation, but may be reimbursed from funds available to the State Archives for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495. [2018 c.20 �2; 2025 c.446 �2]

����� Note: 183.407 was added to and made a part of 183.325 to 183.410 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 183.410 Agency determination of applicability of rule or statute to petitioner; effect; judicial review. On petition of any interested person, any agency may in its discretion issue a declaratory ruling with respect to the applicability to any person, property, or state of facts of any rule or statute enforceable by it. A declaratory ruling is binding between the agency and the petitioner on the state of facts alleged, unless it is altered or set aside by a court. However, the agency may, where the ruling is adverse to the petitioner, review the ruling and alter it if requested by the petitioner. Binding rulings provided by this section are subject to review in the Court of Appeals in the manner provided in ORS 183.480 for the review of orders in contested cases. The Attorney General shall prescribe by rule the form for such petitions and the procedure for their submission, consideration and disposition. The petitioner shall have the right to submit briefs and present oral argument at any declaratory ruling proceeding held pursuant to this section. [1957 c.717 �7; 1971 c.734 �10; 1973 c.612 �5]

(Contested Cases)

����� 183.411 Delegation of final order authority. Unless otherwise provided by law, an agency may delegate authority to enter a final order in a proceeding or class of proceedings to an officer or employee of the agency, or to a class of officers or employees of the agency. A delegation of authority under this section must be made in writing before the issuance of any order pursuant to the delegation and must be retained in the agency�s records. [2007 c.116 �2]

����� Note: 183.411 was added to and made a part of ORS chapter 183 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 183.413 Notice to parties before hearing of rights and procedure; failure to provide notice. (1) The Legislative Assembly finds that parties to a contested case hearing have a right to be informed as to the procedures by which contested cases are heard by state agencies, their rights in hearings before state agencies, the import and effect of hearings before state agencies and their rights and remedies with respect to actions taken by state agencies. Accordingly, it is the purpose of subsections (2) and (3) of this section to set forth certain requirements of state agencies so that parties to contested case hearings shall be fully informed as to these matters when exercising their rights before state agencies.

����� (2) Prior to the commencement of a contested case hearing before any agency including those agencies identified in ORS 183.315, the agency shall serve personally or by mail a written notice to each party to the hearing that includes the following:

����� (a) The time and place of the hearing.

����� (b) A statement of the authority and jurisdiction under which the hearing is to be held.

����� (c) A statement that generally identifies the issues to be considered at the hearing.

����� (d) A statement indicating that the party may be represented by counsel and that legal aid organizations may be able to assist a party with limited financial resources.

����� (e) A statement that the party has the right to respond to all issues properly before the presiding officer and present evidence and witnesses on those issues.

����� (f) A statement indicating whether discovery is permitted and, if so, how discovery may be requested.

����� (g) A general description of the hearing procedure including the order of presentation of evidence, what kinds of evidence are admissible, whether objections may be made to the introduction of evidence and what kind of objections may be made and an explanation of the burdens of proof or burdens of going forward with the evidence.

����� (h) Whether a record will be made of the proceedings and the manner of making the record and its availability to the parties.

����� (i) The function of the record-making with respect to the perpetuation of the testimony and evidence and with respect to any appeal from the determination or order of the agency.

����� (j) Whether an attorney will represent the agency in the matters to be heard and whether the parties ordinarily and customarily are represented by an attorney.

����� (k) The title and function of the person presiding at the hearing with respect to the decision process, including, but not limited to, the manner in which the testimony and evidence taken by the person presiding at the hearing are reviewed, the effect of that person�s determination, who makes the final determination on behalf of the agency, whether the person presiding at the hearing is or is not an employee, officer or other representative of the agency and whether that person has the authority to make a final independent determination.

����� (L) In the event a party is not represented by an attorney, whether the party may during the course of proceedings request a recess if at that point the party determines that representation by an attorney is necessary to the protection of the party�s rights.

����� (m) Whether there exists an opportunity for an adjournment at the end of the hearing if the party then determines that additional evidence should be brought to the attention of the agency and the hearing reopened.

����� (n) Whether there exists an opportunity after the hearing and prior to the final determination or order of the agency to review and object to any proposed findings of fact, conclusions of law, summary of evidence or recommendations of the officer presiding at the hearing.

����� (o) A description of the appeal process from the determination or order of the agency.

����� (p) A statement that active duty servicemembers have a right to stay proceedings under the federal Servicemembers Civil Relief Act and may contact the Oregon State Bar or the Oregon Military Department for more information. The statement must include the toll-free telephone numbers for the Oregon State Bar and the Oregon Military Department and the Internet address for the United States Armed Forces Legal Assistance Legal Services Locator website.

����� (3) The failure of an agency to give notice of any item specified in subsection (2) of this section does not invalidate any determination or order of the agency unless upon an appeal from or review of the determination or order a court finds that the failure affects the substantial rights of the complaining party. In the event of such a finding, the court shall remand the matter to the agency for a reopening of the hearing and shall direct the agency as to what steps it shall take to remedy the prejudice to the rights of the complaining party. [1979 c.593 ��37,38,39; 1995 c.79 �63; 2007 c.288 �1; 2013 c.295 �1]

����� 183.415 Notice of right to hearing. (1) The Legislative Assembly finds that persons affected by actions taken by state agencies have a right to be informed of their rights and remedies with respect to the actions.

����� (2) In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice, served personally or by registered or certified mail.

����� (3) Notice under this section must include:

����� (a) A statement of the party�s right to hearing, with a description of the procedure and time to request a hearing, or a statement of the time and place of the hearing;

����� (b) A statement of the authority and jurisdiction under which the hearing is to be held;

����� (c) A reference to the particular sections of the statutes and rules involved;

����� (d) A short and plain statement of the matters asserted or charged;

����� (e) A statement indicating whether and under what circumstances an order by default may be entered; and

����� (f) A statement that active duty servicemembers have a right to stay proceedings under the federal Servicemembers Civil Relief Act and may contact the Oregon State Bar or the Oregon Military Department for more information. The statement must include the toll-free telephone numbers for the Oregon State Bar and the Oregon Military Department and the Internet address for the United States Armed Forces Legal Assistance Legal Services Locator website. [1971 c.734 �13; 1979 c.593 �18; 1985 c.757 �1; 1997 c.837 �2; 1999 c.849 ��27,28; 2003 c.75 �29; 2007 c.288 �2; 2013 c.295 �3]

����� 183.417 Procedure in contested case hearing. (1) In a contested case proceeding, the parties may elect to be represented by counsel and to respond and present evidence and argument on all issues properly before the presiding officer in the proceeding.

����� (2) Agencies may adopt rules of procedure governing participation in contested case proceedings by persons appearing as limited parties.

����� (3)(a) Unless prohibited by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order or default. Informal settlement may be made in license revocation proceedings by written agreement of the parties and the agency consenting to a suspension, fine or other form of intermediate sanction.

����� (b) Any informal disposition of a contested case, other than an informal disposition by default, must be in writing and signed by the party or parties to the contested case. The agency shall incorporate that disposition into a final order. An order under this paragraph is not subject to ORS 183.470. The agency shall deliver or mail a copy of the order to each party and to the attorney of record if the party is represented. An order that incorporates the informal disposition is a final order in a contested case, but is not subject to judicial review. A party may petition the agency to set aside a final order that incorporates the informal disposition on the ground that the informal disposition was obtained by fraud or duress.

����� (4) An order adverse to a party may be issued upon default only if a prima facie case is made on the record. The record on a default order includes all materials submitted by the party. The record on a default order may be made at the time of issuance of the order. If the record on the default order consists solely of an application and other materials submitted by the party, the agency shall so note in the order.

����� (5) At the commencement of a contested case hearing, the officer presiding at the hearing shall explain the issues involved in the hearing and the matters that the parties must either prove or disprove.

����� (6) Testimony at a contested case hearing shall be taken upon oath or affirmation of the witness. The officer presiding at the hearing shall administer oaths or affirmations to witnesses.

����� (7) The officer presiding at the hearing shall place on the record a statement of the substance of any written or oral ex parte communication on a fact in issue made to the officer during the pendency of the proceeding and notify the parties of the communication and of their right to rebut the communication. If an ex parte communication is made to an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605, the administrative law judge must comply with ORS 183.685.

����� (8) The officer presiding at the hearing shall ensure that the record developed at the hearing shows a full and fair inquiry into the facts necessary for consideration of all issues properly before the presiding officer in the case and the correct application of the law to those facts.

����� (9) The record in a contested case shall include:

����� (a) All pleadings, motions and intermediate rulings.

����� (b) Evidence received or considered.

����� (c) Stipulations.

����� (d) A statement of matters officially noticed.

����� (e) Questions and offers of proof, objections and rulings thereon.

����� (f) A statement of any ex parte communication that must be disclosed under subsection (7) of this section and that was made to the officer presiding at the hearing.

����� (g) Proposed findings and exceptions.

����� (h) Any proposed, intermediate or final order prepared by the agency or an administrative law judge.

����� (10) A verbatim oral, written or mechanical record shall be made of all motions, rulings and testimony in a contested case proceeding. The record need not be transcribed unless requested for purposes of rehearing or court review. The agency may charge the party requesting transcription the cost of a copy of transcription, unless the party files an appropriate affidavit of indigency. Upon petition, a court having jurisdiction to review under ORS 183.480 may reduce or eliminate the charge upon finding that it is equitable to do so, or that matters of general interest would be determined by review of the order of the agency. [2007 c.288 �4]

����� 183.418 [1973 c.386 �6; 1989 c.224 �11; 1991 c.750 �5; repealed by 1999 c.1041 �9]

����� 183.420 [1957 c.717 �8 (1); repealed by 1971 c.734 �21]

����� 183.421 [1991 c.750 �4; repealed by 1999 c.1041 �9]

����� 183.425 Depositions or subpoena of material witness; discovery. (1) On petition of any party to a contested case, or upon the agency�s own motion, the agency may order that the testimony of any material witness may be taken by deposition in the manner prescribed by law for depositions in civil actions. Depositions may also be taken by the use of audio or audio-visual recordings. The petition shall set forth the name and address of the witness whose testimony is desired, a showing of the materiality of the testimony of the witness, and a request for an order that the testimony of such witness be taken before an officer named in the petition for that purpose. If the witness resides in this state and is unwilling to appear, the agency may issue a subpoena as provided in ORS