774.180, judicial review of an order issued by the commission in a contested case may be sought only by a party to the contested case. ����� (7) The provisions of this chapter do not apply to the sus

774.180, judicial review of an order issued by the commission in a contested case may be sought only by a party to the contested case.

����� (7) The provisions of this chapter do not apply to the suspension, cancellation or termination of an apprenticeship or training agreement under ORS 660.060.

����� (8) The provisions of ORS 183.413 to 183.497 do not apply to administrative proceedings conducted under rules adopted by the Secretary of State under ORS 246.190. [1971 c.734 �19; 1973 c.612 �3; 1973 c.621 �2; 1973 c.694 �1; 1975 c.759 �1; 1977 c.804 �45; 1979 c.593 �7; 1981 c.711 �16; 1987 c.320 �142; 1987 c.373 �21; 1989 c.90 �1; 1997 c.26 �1; 1999 c.448 �6; 1999 c.679 �1; 2003 c.64 �8; 2005 c.512 �30; 2005 c.638 �1; 2007 c.239 �8; 2007 c.288 �10; 2011 c.708 �24; 2017 c.312 �1; 2017 c.442 �23; 2019 c.213 �54]

����� 183.317 [1971 c.734 �187; repealed by 1979 c.593 �34]

����� 183.320 [1957 c.717 �15; repealed by 1971 c.734 �21]

(Adoption of Rules)

����� 183.325 Delegation of rulemaking authority to named officer or employee. Unless otherwise provided by law, an agency may delegate its rulemaking authority to an officer or employee within the agency. A delegation of authority under this section must be made in writing and filed with the Secretary of State before the filing of any rule adopted pursuant to the delegation. A delegation under this section may be made only to one or more named individuals. The delegation of authority shall reflect the name of the authorized individual or individuals, and be signed in acknowledgment by the named individuals. Any officer or employee to whom rulemaking authority is delegated under this section is an �agency� for the purposes of the rulemaking requirements of this chapter. [1979 c.593 �10; 1993 c.729 �1]

����� 183.330 Description of organization; service of order; rules coordinator; order not final until put in writing. (1) In addition to other rulemaking requirements imposed by law, each agency shall publish a description of its organization and the methods whereby the public may obtain information or make submissions or requests.

����� (2) Each state agency that adopts rules shall appoint a rules coordinator and file a copy of that appointment with the Secretary of State. The rules coordinator shall:

����� (a) Maintain copies of all rules adopted by the agency;

����� (b) Provide to the public, upon request, information pertaining to:

����� (A) All rulemaking proceedings of the agency;

����� (B) The status of the agency�s rules; and

����� (C) All certificates and rules filed by the agency with the Secretary of State; and

����� (c) Keep and make available the mailing list required by ORS 183.335 (8).

����� (3) An order shall not be effective as to any person or party unless it is served upon the person or party either personally or by mail. This subsection is not applicable in favor of any person or party who has actual knowledge of the order.

����� (4) An order is not final until it is reduced to writing. [1957 c.717 �2; 1971 c.734 �4; 1975 c.759 �3; 1979 c.593 �8; 1993 c.729 �2; 2001 c.220 �3; 2017 c.518 �1]

����� 183.332 Policy statement; conformity of state rules with equivalent federal laws and rules. It is the policy of this state that agencies shall seek to retain and promote the unique identity of Oregon by considering local conditions when an agency adopts policies and rules. However, since there are many federal laws and regulations that apply to activities that are also regulated by the state, it is also the policy of this state that agencies attempt to adopt rules that correspond with equivalent federal laws and rules unless:

����� (1) There is specific statutory direction to the agency that authorizes the adoption of the rule;

����� (2) A federal waiver has been granted that authorizes the adoption of the rule;

����� (3) Local or special conditions exist in this state that warrant a different rule;

����� (4) The state rule has the effect of clarifying the federal rules, standards, procedures or requirements;

����� (5) The state rule achieves the goals of the federal and state law with the least impact on public and private resources; or

����� (6) There is no corresponding federal regulation. [1997 c.602 �2]

����� 183.333 Policy statement; public involvement in development of policy and drafting of rules; advisory committees. (1)(a) The Legislative Assembly finds and declares that it is the policy of this state that whenever possible the public be involved in the development of public policy by agencies and in the drafting of rules. The Legislative Assembly encourages agencies to seek public input to the maximum extent possible before giving notice of intent to adopt a rule. The agency may appoint an advisory committee or use any other means of obtaining public views that will assist the agency in drafting the rule.

����� (b) The membership of an advisory committee appointed under this subsection must represent the interests of persons and communities likely to be affected by the rule.

����� (c) An agency that appoints an advisory committee under this subsection with regard to adoption of rules implementing legislation enacted by the Legislative Assembly 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.

����� (2) Any agency in its discretion may develop a list of interested parties and inform those parties of any issue that may be the subject of rulemaking and invite the parties to make comments on the issue.

����� (3) If an agency appoints an advisory committee for consideration of a rule under subsection (1) of this section, the agency shall seek the committee�s recommendations on whether the rule will have a fiscal impact, what the extent of that impact will be and whether the rule will have a significant adverse impact on small businesses. If the committee indicates that the rule will have a significant adverse impact on small businesses, the agency shall seek the committee�s recommendations on compliance with ORS 183.540.

����� (4) An agency shall consider an advisory committee�s recommendations provided under subsection (3) of this section in preparing the statement of fiscal impact required by ORS 183.335 (2)(b)(E).

����� (5) If an agency does not appoint an advisory committee for consideration of a permanent rule under subsection (1) of this section and 10 or more persons likely to be affected by the rule object to the agency�s statement of fiscal impact as required by ORS 183.335 (2)(b)(E) or an association with at least 10 members likely to be affected by the rule objects to the statement, the agency shall appoint a fiscal impact advisory committee to provide recommendations on whether the rule will have a fiscal impact and what the extent of that impact will be. The membership of the fiscal impact advisory committee must represent the interests of persons and communities likely to be affected by the rule. An objection under this subsection must be made not later than 14 days after the notice required by ORS 183.335 (1) is given. If the agency determines that the statement does not adequately reflect the rule�s fiscal impact, the agency shall extend the period for submission of data or views under ORS 183.335 (3)(a) by at least 20 days. The agency shall include any recommendations from the committee in the record maintained by the agency for the rule.

����� (6) An agency may appoint the Small Business Rules Advisory Committee established in ORS 183.407 as the advisory committee or fiscal impact advisory committee for purposes of this section.

����� (7) Subsection (5) of this section does not apply to any rule adopted by an agency to comply with a judgment or a settlement of a judicial proceeding.

����� (8) If an agency is required by law to appoint an advisory committee or a fiscal impact advisory committee under this section, the agency may not appoint an officer, employee or other agent of the agency to serve as a member of the advisory committee or fiscal impact advisory committee. [2003 c.749 �4; 2005 c.807 �4; 2013 c.273 �1; 2018 c.20 �3; 2021 c.463 �1; 2025 c.446 �1]

����� 183.335 Notice; content; public comment; temporary rule adoption, amendment or suspension; substantial compliance required. (1) Prior to the adoption, amendment or repeal of any rule, the agency shall give notice of its intended action:

����� (a) In the manner established by rule adopted by the agency under ORS 183.341 (4), which provides a reasonable opportunity for interested persons to be notified of the agency�s proposed action;

����� (b) In the bulletin referred to in ORS 183.360 at least 21 days prior to the effective date;

����� (c) At least 28 days before the effective date, to persons who have requested notice pursuant to subsection (8) of this section; and

����� (d) Delivered only by electronic mail, at least 49 days before the effective date, to the persons specified in subsection (15) of this section.

����� (2)(a) The notice required by subsection (1) of this section must include:

����� (A) A caption of not more than 15 words that reasonably identifies the subject matter of the agency�s intended action. The agency shall include the caption on each separate notice, statement, certificate or other similar document related to the intended action.

����� (B) An objective, simple and understandable statement summarizing the subject matter and purpose of the intended action in sufficient detail to inform a person that the person�s interests may be affected, and the time, place and manner in which interested persons may present their views on the intended action.

����� (b) The agency shall include with the notice of intended action given under subsection (1) of this section:

����� (A) A citation of the statutory or other legal authority relied upon and bearing upon the promulgation of the rule;

����� (B) A citation of the statute or other law the rule is intended to implement;

����� (C) A statement of the need for the rule and a statement of how the rule is intended to meet the need;

����� (D) A list of the principal documents, reports or studies, if any, prepared by or relied upon by the agency in considering the need for and in preparing the rule, and a statement of the location at which those documents are available for public inspection. The list may be abbreviated if necessary, and if so abbreviated there shall be identified the location of a complete list;

����� (E) A statement of fiscal impact identifying state agencies, units of local government and the public that may be economically affected by the adoption, amendment or repeal of the rule and an estimate of that economic impact on state agencies, units of local government and the public. In considering the economic effect of the proposed action on the public, the agency shall utilize available information to project any significant economic effect of that action on businesses which shall include a cost of compliance effect on small businesses affected. For an agency specified in ORS 183.530, the statement of fiscal impact shall also include a housing cost impact statement as described in ORS 183.534;

����� (F) A statement identifying how adoption of the rule will affect racial equity in this state;

����� (G) If an advisory committee is not appointed under the provisions of ORS 183.333, an explanation as to why no advisory committee was used to assist the agency in drafting the rule; and

����� (H) A request for public comment on whether other options should be considered for achieving the rule�s substantive goals while reducing the negative economic impact of the rule on business.

����� (c) The Secretary of State may omit the information submitted under paragraph (b) of this subsection from publication in the bulletin referred to in ORS 183.360.

����� (d) When providing notice of an intended action under subsection (1)(c) of this section, the agency shall provide a copy of the rule that the agency proposes to adopt, amend or repeal, or an explanation of how the person may acquire a copy of the rule. The copy of an amended rule shall show all changes to the rule by striking through material to be deleted and underlining all new material, or by any other method that clearly shows all new and deleted material.

����� (3)(a) When an agency proposes to adopt, amend or repeal a rule, it shall give interested persons reasonable opportunity to submit data or views. Opportunity for oral hearing shall be granted upon request received from 10 persons or from an association having not less than 10 members before the earliest date that the rule could become effective after the giving of notice pursuant to subsection (1) of this section. An agency holding a hearing upon a request made under this subsection shall give notice of the hearing at least 21 days before the hearing to the person who has requested the hearing, to persons who have requested notice pursuant to subsection (8) of this section and to the persons specified in subsection (15) of this section. The agency shall publish notice of the hearing in the bulletin referred to in ORS 183.360 at least 14 days before the hearing. The agency shall consider fully any written or oral submission.

����� (b) If an agency is required to conduct an oral hearing under paragraph (a) of this subsection, and the rule for which the hearing is to be conducted applies only to a limited geographical area within this state, or affects only a limited geographical area within this state, the hearing shall be conducted within the geographical area at the place most convenient for the majority of the residents within the geographical area. At least 14 days before a hearing conducted under this paragraph, the agency shall publish notice of the hearing in the bulletin referred to in ORS 183.360 and in a newspaper of general circulation published within the geographical area that is affected by the rule or to which the rule applies. If a newspaper of general circulation is not published within the geographical area that is affected by the rule or to which the rule applies, the publication shall be made in the newspaper of general circulation published closest to the geographical area.

����� (c) Notwithstanding paragraph (a) of this subsection, the Department of Corrections and the State Board of Parole and Post-Prison Supervision may adopt rules limiting participation by adults in custody in the proposed adoption, amendment or repeal of any rule to written submissions.

����� (d) If requested by at least five persons before the earliest date that the rule could become effective after the agency gives notice pursuant to subsection (1) of this section, the agency shall provide a statement that identifies the objective of the rule and a statement of how the agency will subsequently determine whether the rule is in fact accomplishing that objective.

����� (e) An agency that receives data or views concerning proposed rules from interested persons shall maintain a record of the data or views submitted. The record shall contain:

����� (A) All written materials submitted to an agency in response to a notice of intent to adopt, amend or repeal a rule.

����� (B) A recording or summary of oral submissions received at hearings held for the purpose of receiving those submissions.

����� (C) Any public comment received in response to the request made under subsection (2)(b)(H) of this section and the agency�s response to that comment.

����� (D) Any statements provided by the agency under paragraph (d) of this subsection.

����� (4) Upon request of an interested person received before the earliest date that the rule could become effective after the giving of notice pursuant to subsection (1) of this section, the agency shall postpone the date of its intended action no less than 21 nor more than 90 days in order to allow the requesting person an opportunity to submit data, views or arguments concerning the proposed action. Nothing in this subsection shall preclude an agency from adopting a temporary rule pursuant to subsection (5) of this section.

����� (5) Notwithstanding subsections (1) to (4) of this section, an agency may adopt, amend or suspend a rule without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable, if the agency prepares:

����� (a) A statement of its findings that its failure to act promptly will result in serious prejudice to the public interest or the interest of the parties concerned and the specific reasons for its findings of prejudice;

����� (b) A citation of the statutory or other legal authority relied upon and bearing upon the promulgation of the rule;

����� (c) A statement of the need for the rule and a statement of how the rule is intended to meet the need;

����� (d) A list of the principal documents, reports or studies, if any, prepared by or relied upon by the agency in considering the need for and in preparing the rule, and a statement of the location at which those documents are available for public inspection; and

����� (e) For an agency specified in ORS 183.530, a housing cost impact statement as defined in ORS