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 Oregon Health
Insurance Marketplace 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 Marketplace 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; and
(f) In addition to the
above, the Marketplace may send notice of intended action to other persons,
agencies, or organizations that the Marketplace, 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
Marketplace shall maintain an interested parties list for each OAR chapter of
rules for which the Marketplace 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
Marketplace 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 Marketplace 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 Marketplace shall honor all written
requests that notification be sent by postal mail instead of electronically if
a mailing address is provided.
(4) If the Marketplace adopts or suspends a
temporary rule, the Marketplace 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 Marketplace is required to notify pursuant to state statute or federal
law or as a requirement of receiving federal funding; and
(d) In addition to the above, the Marketplace
may send notice to other persons, agencies, or organizations that the
Marketplace, 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 Marketplace 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 &
741.002(3)
Stats. Implemented: ORS
183.330,
183.335 &
183.341