Current through Register Vol. 63, No. 12, December 1, 2024
(1) Except as provided in ORS
183.335(7) or
(12) or
183.341, before
permanently adopting, amending, or repealing an administrative rule,
the Authority shall give notice of the intended action:
(a) To legislators specified in ORS
183.335(15)
at least 49 days before the effective date of the rule;
(b) To persons on the interested
parties lists described in section (2) of this rule for the pertinent
OAR chapter or pertinent subtopics or programs within an OAR chapter
at least 28 days before the effective date of the rule;
(c) In the Secretary of State's
Bulletin referred to in ORS
183.360 at least 21
days before the effective date of the rule;
(d) To other persons, agencies, or
organizations that the Authority is required to provide an
opportunity to comment pursuant to state statute or federal law or as
a requirement of receiving federal funding, at least 28 days before
the effective date of the rule;
(e) To the Associated Press and the
Capitol Press Room at least 28 days before the effective date of the
rule; and
(f) In addition
to the above, the Authority may send notice of intended action to
other persons, agencies, or organizations that the Authority, in its
discretion, believes to have an interest in the subject matter of the
proposed rule at least 28 days before the effective date of the
rule.
(2)
Pursuant to ORS
183.335(8),
the Authority shall maintain an interested parties list for each OAR
chapter of rules for which the Authority has administrative
responsibility, and an interested parties list for subtopics or
programs within those chapters. A person, group, or entity that
desires to be placed on the list to receive notices regarding
proposed permanent adoption, amendment, or repeal of a rule must make
the request in writing or by electronic mail to the rules coordinator
for the chapter. The request must include either a mailing address or
an electronic mail address to which notices may be sent.
(3) Notices under this rule may be
sent by hand delivery, state shuttle, postal mail, electronic mail,
or facsimile. The Authority recognizes state shuttle as "mail" and
may use this means to notify other state agencies.
(a) An email notification under
section (1) of this rule may consist of any of the following:
(A) An email that attaches the
Notice of Proposed Rulemaking or Notice of Proposed Rulemaking
Hearing and Statement of Need and Fiscal Impact.
(B) An email that includes a link
within the body of the email, allowing direct access online to the
Notice of Proposed Rulemaking or Notice of Proposed Rulemaking
Hearing and Statement of Need and Fiscal Impact.
(C) An email with specific
instructions within the body of the email, usually including an
electronic Universal Resource Locator (URL) address, to find the
Notice of Proposed Rulemaking or Notice of Proposed Rulemaking
Hearing and Statement of Need and Fiscal Impact.
(b) The Authority may use facsimile
as an added means of notification, if necessary. Notification by
facsimile under section (1) of this rule shall include the Notice of
Proposed Rulemaking or Notice of Proposed Rulemaking Hearing and
Statement of Need and Fiscal Impact, or specific instructions to
locate these documents online.
(c) The Authority shall honor all
written requests that notification be sent by postal mail instead of
electronically if a mailing address is provided.
(4) If the Authority adopts or
suspends a temporary rule, the Authority shall notify:
(a) Legislators specified in ORS
183.335(15);
(b) Persons on the interested
parties list described in section (2) of this rule for the pertinent
OAR chapter, subtopics, or programs within an OAR chapter;
(c) Other persons, agencies, or
organizations that the Authority is required to notify pursuant to
state statute or federal law or as a requirement of receiving federal
funding; and
(d) The
Associated Press and the Capitol Press Room; and
(e) In addition to the above, the
Authority may send notice to other persons, agencies, or
organizations that the Authority, in its discretion, believes to have
an interest in the subject matter of the temporary
rulemaking.
(5) In lieu of providing a copy of
the rule or rules as proposed with the notice of intended action or
notice concerning the adoption of a temporary rule, the Authority may
state how and where a copy may be obtained on paper, by electronic
mail, or from a specified web site.
Stat. Auth: ORS
183.341 &
413.042
Stats. Implemented: ORS
183.330,
183.335, &
183.341
