Title 183 · ORS Chapter 183

relating to public contracts and purchasing.

Citation: ORS 279C.870

Section: 279C.870

279C.870 relating to public contracts and purchasing.

�� (11)(a) Except as provided in paragraph (c) of this subsection, a rule is not valid unless adopted in substantial compliance with the provisions of this section in effect on the date that the notice required under subsection (1) of this section is delivered to the Secretary of State for the purpose of publication in the bulletin referred to in ORS 183.360.

�� (b) In addition to all other requirements with which rule adoptions must comply, a rule other than a rule amended for a purpose described in subsection (7) of this section is not valid if the rule has not been submitted to the Legislative Counsel in the manner required by ORS 183.355 and 183.715.

�� (c) A rule is not subject to judicial review or other challenge by reason of failing to comply with subsection (2)(a)(A) of this section.

�� (12)(a) Notwithstanding the provisions of subsection (11) of this section, but subject to paragraph (b) of this subsection, an agency may correct its failure to substantially comply with the requirements of subsections (2) and (5) of this section in adoption of a rule by an amended filing, as long as the noncompliance did not substantially prejudice the interests of persons to be affected by the rule.

�� (b) An agency may use an amended filing to correct a failure to include a fiscal impact statement in a notice of intended action, as required by subsection (2)(b)(E) of this section, or to correct an inaccurate fiscal impact statement, only if the agency developed the fiscal impact statement with the assistance of an advisory committee or fiscal impact advisory committee appointed under ORS 183.333.

�� (13) Unless otherwise provided by statute, the adoption, amendment or repeal of a rule by an agency need not be based upon or supported by an evidentiary record.

�� (14) When an agency has established a deadline for comment on a proposed rule under the provisions of subsection (3)(a) of this section, the agency may not extend that deadline for another agency or person unless the extension applies equally to all interested agencies and persons. An agency shall not consider any submission made by another agency after the final deadline has passed.

�� (15) The notices required under subsections (1) and (3) of this section must be given by the agency to the following persons:

�� (a) If the proposed adoption, amendment or repeal results from legislation that was passed within two years before notice is given under subsection (1) of this section, notice shall be given to the legislator who introduced the bill that subsequently was enacted into law, and to the chair or cochairs of all committees that reported the bill out, except for those committees whose sole action on the bill was referral to another committee.

�� (b) If the proposed adoption, amendment or repeal does not result from legislation that was passed within two years before notice is given under subsection (1) of this section, notice shall be given to the chair or cochairs of any interim or session committee with authority over the subject matter of the rule.

�� (c) If notice cannot be given under paragraph (a) or (b) of this subsection, notice shall be given to the Speaker of the House of Representatives and to the President of the Senate who are in office on the date the notice is given.

�� (16)(a) Upon the request of a member of the Legislative Assembly or of a person who would be affected by a proposed adoption, amendment or repeal, the committees receiving notice under subsection (15) of this section shall review the proposed adoption, amendment or repeal for compliance with the legislation from which the proposed adoption, amendment or repeal results.

�� (b) The committees shall submit their comments on the proposed adoption, amendment or repeal to the agency proposing the adoption, amendment or repeal. [1971 c.734 �3; 1973 c.612 �1; 1975 c.136 �11; 1975 c.759 �4; 1977 c.161 �1; 1977 c.344 �6; 1977 c.394 �1a; 1977 c.798 �2; 1979 c.593 �11; 1981 c.755 �2; 1987 c.861 �2; 1993 c.729 �3; 1995 c.652 �5; 1997 c.602 �3; 1999 c.123 �1; 1999 c.334 �1; 2001 c.220 �1; 2001 c.563 �1; 2003 c.749 �5; 2003 c.794 �206; 2005 c.17 �1; 2005 c.18 �1; 2005 c.382 �1; 2005 c.807 �5; 2007 c.115 �1; 2007 c.768 �58; 2011 c.380 �2; 2017 c.518 �2; 2019 c.213 �126; 2021 c.463 �2; 2022 c.97 �6]

�� 183.336 Cost of compliance effect on small businesses. (1) The statement of cost of compliance effect on small businesses required by ORS 183.335 (2)(b)(E) must include:

�� (a) An estimate of the number of small businesses subject to the proposed rule and identification of the types of businesses and industries with small businesses subject to the proposed rule;

�� (b) A brief description of the projected reporting, recordkeeping and other administrative activities required for compliance with the proposed rule, including costs of professional services;

�� (c) An identification of equipment, supplies, labor and increased administration required for compliance with the proposed rule; and

�� (d) A description of the manner in which the agency proposing the rule involved small businesses in the development of the rule.

�� (2) An agency shall utilize available information in complying with the requirements of this section. [2005 c.807 �2]

�� 183.337 Procedure for agency adoption of federal rules. (1) Notwithstanding ORS 183.335, when an agency is required to adopt rules or regulations promulgated by an agency of the federal government and the agency has no authority to alter or amend the content or language of those rules or regulations prior to their adoption, the agency may adopt those rules or regulations under the procedure prescribed in this section.

�� (2) Prior to the adoption of a federal rule or regulation under subsection (1) of this section, the agency shall give notice of the adoption of the rule or regulation, the effective date of the rule or regulation in this state and the subject matter of the rule or regulation in the manner established in ORS 183.335 (1).

�� (3) After giving notice the agency may adopt the rule or regulation by filing a copy with the Secretary of State in compliance with ORS 183.355. The agency is not required to conduct a public hearing concerning the adoption of the rule or regulation.

�� (4) Nothing in this section authorizes an agency to amend federal rules or regulations or adopt rules in accordance with federal requirements without giving an opportunity for hearing as required by ORS 183.335. [1979 c.593 �15]

�� 183.338 Use of term �noncitizen� in rules and regulations. (1) As used in this section:

�� (a) �Noncitizen� means an individual who is not a citizen or national of the United States.

�� (b) �State agency� means any state officer, board, commission, department, division, institution, branch or agency of the state government.

�� (2) A state agency shall use the term �noncitizen� to reference an individual who is not a citizen or national of the United States when promulgating a rule or regulation that references an individual who is not a citizen or national of the United States. [2022 c.97 �1]

�� Note: 183.338 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 183 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 183.340 [1957 c.717 �3 (3); 1971 c.734 �6; repealed by 1975 c.759 �5 (183.341 enacted in lieu of 183.340)]

�� 183.341 Model rules of procedure; establishment; compilation; publication; agencies required to adopt procedural rules. (1) The Attorney General shall prepare model rules of procedure appropriate for use by as many agencies as possible. Except as provided in ORS 183.630, any agency may adopt all or part of the model rules by reference without complying with the rulemaking procedures under ORS 183.335. Notice of such adoption shall be filed with the Secretary of State in the manner provided by ORS 183.355 for the filing of rules. The model rules may be amended from time to time by an adopting agency or the Attorney General after notice and opportunity for hearing as required by rulemaking procedures under this chapter.

�� (2) Except as provided in ORS 183.630, all agencies shall adopt rules of procedure to be utilized in the adoption of rules and conduct of proceedings in contested cases or, if exempt from the contested case provisions of this chapter, for the conduct of proceedings.

�� (3) The Secretary of State shall publish in the Oregon Administrative Rules:

�� (a) The Attorney General�s model rules adopted under subsection (1) of this section;

�� (b) The procedural rules of all agencies that have not adopted the Attorney General�s model rules; and

�� (c) The notice procedures required by ORS 183.335 (1).

�� (4) Agencies shall adopt rules of procedure which will provide a reasonable opportunity for interested persons to be notified of the agency�s intention to adopt, amend or repeal a rule.

�� (5) No rule adopted after September 13, 1975, is valid unless adopted in substantial compliance with the rules adopted pursuant to subsection (4) of this section. [1975 c.759 �6 (enacted in lieu of 183.340); 1979 c.593 �12; 1997 c.837 �1; 1999 c.849 ��24,25; 2003 c.75 �28]

�� 183.350 [1957 c.717 �3 (1), (2); repealed by 1971 c.734 �21]

�� 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.

�� (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]

�� 183.360 Publication of rules and orders; exceptions; requirements; bulletin; judicial notice; citation. (1) The Secretary of State shall compile, index and publish all rules adopted by each agency. The compilation shall be supplemented or revised as often as necessary. Such compilation supersedes any other rules. The Secretary of State may make such compilations of other material published in the bulletin as are desirable. The Secretary of State may copyright the compilations prepared under this subsection, and may establish policies for the revision, clarification, classification, arrangement, indexing, printing, binding, publication, sale and distribution of the compilations.

�� (2) The Secretary of State has discretion to omit from the compilation, if published in print, rules the publication of which would be unduly cumbersome or expensive if the rule in printed or processed form is made available on application to the adopting agency, and if the compilation contains a notice summarizing the omitted rule and stating how a copy of the omitted rule may be obtained. In preparing the compilation the Secretary of State may not alter the sense, meaning, effect or substance of any rule, but may renumber sections and parts of sections of the rules, change the wording of headnotes, rearrange sections, change reference numbers to agree with renumbered chapters, sections or other parts, substitute the proper subsection, section or chapter or other division numbers, change capitalization for the purpose of uniformity, and correct manifest clerical or typographical errors.

�� (3) The Secretary of State shall publish at least at monthly intervals a bulletin that:

�� (a) Briefly indicates the agencies that are proposing to adopt, amend or repeal a rule, the subject matter of the rule and the name, address and telephone number of an agency officer or employee from whom information and a copy of any proposed rule may be obtained;

�� (b) Contains the text or a brief description of all rules filed under ORS 183.355 since the last bulletin indicating the effective date of the rule;

�� (c) Contains executive orders of the Governor; and

�� (d) Contains orders issued by the Director of the Department of Revenue under ORS 305.157 extending tax statutes of limitation.

�� (4) Courts shall take judicial notice of rules and executive orders filed with the Secretary of State.

�� (5) The compilation required by subsection (1) of this section shall be titled Oregon Administrative Rules and may be cited as �OAR� with appropriate numerical indications.

�� (6) The Secretary of State may publish the compilation and bulletin required by this section in print, or by placing the compilation and bulletin on the Internet. [1957 c.717 �4 (1),(2),(3); 1961 c.464 �1; 1971 c.734 �7; 1973 c.612 �4; 1975 c.759 �7a; 1977 c.394 �2; 1979 c.593 �16; 1993 c.729 �13; 1995 c.79 �62; 2001 c.104 �63; 2003 c.168 �3; 2009 c.289 �2; 2017 c.518 �4]

�� 183.362 [1993 c.729 �12; repealed by 2017 c.518 �9]

�� 183.365 Publication of administrative rules in electronic form. (1) Pursuant to ORS 183.360, the Secretary of State shall publish in electronic form administrative rules adopted or amended by state agencies and make the information available to the public and members of the Legislative Assembly.

�� (2) The Secretary of State shall determine the most cost-effective format and procedures for the timely release of the information described in subsection (1) of this section in electronic form.

�� (3) Pursuant to ORS 183.355, the Secretary of State shall establish requirements for filing administrative rules adopted or amended by state agencies for entry into computer networks for the purpose of subsection (1) of this section.

�� (4) Although each state agency is responsible for its information resources, centralized information resource management must also exist to:

�� (a) Provide public access to the information described in subsection (1) of this section;

�� (b) Provide technical assistance to state agencies; and

�� (c) Ensure that the information resources needed to implement subsection (1) of this section are addressed along with the needs of the individual agencies.

�� (5) Personal information concerning a person who accesses the information identified in subsection (1) of this section may be maintained only for the purpose of providing service to the person.

�� (6) No fee or other charge may be imposed by the Secretary of State as a condition of accessing the information identified in subsection (1) of this section.

�� (7) No action taken pursuant to this section shall be deemed to alter or relinquish any copyright or other proprietary interest or entitlement of the State of Oregon relative to any of the information made available pursuant to subsection (1) of this section. [1995 c.614 �5; 2017 c.518 �5]

�� Note: 183.365 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 183 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 183.370 Distribution of published rules. The bulletins and compilations may be distributed by the Secretary of State free of charge as provided for the distribution of legislative materials referred to in ORS 171.236. Other copies of the bulletins and compilations shall be distributed by the Secretary of State at a cost determined by the Secretary of State. Any agency may compile and publish its rules or all or part of its rules for purpose of distribution outside of the agency only after it proves to the satisfaction of the Secretary of State that agency publication is necessary. [1957 c.717 �4(4); 1959 c.260 �1; 1969 c.174 �4; 1975 c.759 �8; 1977 c.394 �3]

�� 183.380 [1957 c.717 �4 (5); repealed by 1971 c.734 �21]

�� 183.390 Petitions requesting adoption of rules. (1) An interested person may petition an agency requesting the promulgation, amendment or repeal of a rule. The Attorney General shall prescribe by rule the form for such petitions and the procedure for their submission, consideration and disposition. Not later than 90 days after the date of submission of a petition, the agency either shall deny the petition in writing or shall initiate rulemaking proceedings in accordance with ORS 183.335.

�� (2) If a petition requesting the amendment or repeal of a rule is submitted to an agency under this section, the agency shall invite public comment upon the rule, and shall specifically request public comment on whether options exist for achieving the rule�s substantive goals in a way that reduces the negative economic impact on businesses.

�� (3) In reviewing a petition subject to subsection (2) of this section, the agency shall consider:

�� (a) The continued need for the rule;

�� (b) The nature of complaints or comments received concerning the rule from the public;

�� (c) The complexity of the rule;

�� (d) The extent to which the rule overlaps, duplicates or conflicts with other state rules or federal regulations and, to the extent feasible, with local government regulations;

�� (e) The degree to which technology, economic conditions or other factors have changed in the subject area affected by the rule; and

�� (f) The statutory citation or legal basis for the rule. [1957 c.717 �5; 1971 c.734 �8; 2003 c.749 �6]

�� 183.400 Judicial determination of validity of rule. (1) The validity of any rule may be determined upon a petition by any person to the Court of Appeals in the manner provided for review of orders in contested cases. The court shall have jurisdiction to review the validity of the rule whether or not the petitioner has first requested the agency to pass upon the validity of the rule in question, but not when the petitioner is a party to an order or a contested case in which the validity of the rule may be determined by a court.

�� (2) The validity of any applicable rule may also be determined by a court, upon review of an order in any manner provided by law or pursuant to ORS 183.480 or upon enforcement of such rule or order in the manner provided by law.

�� (3) Judicial review of a rule shall be limited to an examination of:

�� (a) The rule under review;

�� (b) The statutory provisions authorizing the rule; and

�� (c) Copies of all documents necessary to demonstrate compliance with applicable rulemaking procedures.

�� (4) The court shall declare the rule invalid only if it finds that the rule:

�� (a) Violates constitutional provisions;

�� (b) Exceeds the statutory authority of the agency; or

�� (c) Was adopted without compliance with applicable rulemaking procedures.

�� (5) In the case of disputed allegations of irregularities in procedure which, if proved, would warrant reversal or remand, the Court of Appeals may refer the allegations to a master appointed by the court to take evidence and make findings of fact. The court�s review of the master�s findings of fact shall be de novo on the evidence.

�� (6) The court shall not declare a rule invalid solely because it was adopted without compliance with applicable rulemaking procedures after a period of two years after the date the rule was filed in the office of the Secretary of State, if the agency attempted to comply with those procedures and its failure to do so did not substantially prejudice the interests of the parties. [1957 c.717 �6; 1971 c.734 �9; 1975 c.759 �9; 1979 c.593 �17; 1987 c.861 �3]

�� 183.403 Agency report to Legislative Assembly regarding temporary rules. (1) As used in this section:

�� (a) �Agency� has the meaning given that term in ORS 183.310.

�� (b) �Rule� has the meaning given that term in ORS 183.310.

�� (c) �Statement of need� means the statement described in ORS 183.335 (5)(c).

�� (2) No later than February 1 of each year, an agency that is subject to ORS 183.335 shall provide a report to the Legislative Assembly, in the manner provided in ORS 192.245, regarding all rules that the agency adopted, amended, repealed or suspended during the preceding 12-month period. The report must include:

�� (a) The number of rules adopted, amended or repealed in accordance with ORS 183.335 (2) and (3); and

�� (b) With respect to rules adopted, amended or suspended using the procedure described in ORS