Oregon Statutes - Chapter 183 - Administrative Procedures Act; Legislative Review of Rules; Civil Penalties

• 183.010   [Repealed by 1971 c.734 §21]
• 183.020   [Repealed by 1971 c.734 §21]
• 183.025   [Formerly 182.065; 1993 c.729 §4; 2003 c.749 §8; renumbered 183.750 in 2003]
• 183.030   [Repealed by 1971 c.734 §21]
• 183.040   [Repealed by 1971 c.734 §21]
• 183.050   [Repealed by 1971 c.734 §21]
• 183.060   [1957 c.147 §1; repealed by 1969 c.292 §3]
• 183.090   [1991 c.734 §2; 1997 c.387 §3; 2001 c.621 §71; renumbered 183.745 in 2003]
• 183.310   Definitions for chapter.
  As used in this chapter: (1) “Agency” means any state board, commission, department, or division thereof, or officer authorized by law to make rules or...
• 183.315   Application of provisions of chapter to certain agencies.
  (1) The provisions of ORS 183.410, 183.415, 183.417, 183.425, 183.440, 183.450, 183.452, 183.458, 183.460, 183.470 and 183.480 do not apply to local government boundary commissions...
• 183.317   [1971 c.734 §187; repealed by 1979 c.593 §34]
• 183.320   [1957 c.717 §15; repealed by 1971 c.734 §21]
• 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...
• 183.330   Description of organization; service of order; rules coordinator; effect of not putting order 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...
• 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...
• 183.333   Policy statement; public involvement in development of policy and drafting of rules; advisory committees.
  (1) The Legislative Assembly finds and declares that it is the policy of this state that whenever possible the public be involved in the development...
• 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...
• 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...
• 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...
• 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,...
• 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.
  (1)(a) Each agency shall file in the office of the Secretary of State a certified copy of each rule adopted by it. (b) Notwithstanding the...
• 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...
• 183.362   Program for biennial publication of Oregon Administrative Rules.
  (1) Notwithstanding ORS 183.360, the Secretary of State may implement a program for the publication of the Oregon Administrative Rules not less than once every...
• 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...
• 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...
• 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...
• 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...
• 183.405   Agency review of rules.
  (1) Not later than five years after adopting a rule, an agency shall review the rule for the purpose of determining: (a) Whether the rule...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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...
• 183.430   Hearing on refusal to renew license; exceptions.
  (1) In the case of any license which must be periodically renewed, where the licensee has made timely application for renewal in accordance with the...
• 183.435   Period allowed to request hearing for license refusal on grounds other than test or inspection results.
  When an agency refuses to issue a license required to pursue any commercial activity, trade, occupation or profession if the refusal is based on grounds...
• 183.440   Subpoenas in contested cases.
  (1) An agency may issue subpoenas on its own motion in a contested case. In addition, an agency or hearing officer in a contested case...
• 183.445   Subpoena by agency or attorney of record of party when agency not subject to ORS 183.440.
  (1) In any proceeding before an agency not subject to ORS 183.440 in which a party is entitled to have subpoenas issued for the appearance...
• 183.450   Evidence in contested cases.
  In contested cases: (1) Irrelevant, immaterial or unduly repetitious evidence shall be excluded but erroneous rulings on evidence shall not preclude agency action on the...
• 183.452   Representation of agencies at contested case hearings.
  (1) Agencies may, at their discretion, be represented at contested case hearings by the Attorney General. (2) Notwithstanding ORS 9.160, 9.320 and ORS chapter 180,...
• 183.455   [1987 c.259 §3; repealed by 1999 c.448 §10]
• 183.457   Representation of persons other than agencies participating in contested case hearings.
  (1) Notwithstanding ORS 8.690, 9.160 and 9.320, and unless otherwise authorized by another law, a person participating in a contested case hearing conducted by an...
• 183.458   Nonattorney representation of parties in certain contested case hearings.
  (1) Notwithstanding any other provision of law, in any contested case hearing before a state agency involving child support or public assistance as defined in...
• 183.460   Examination of evidence by agency.
  Whenever in a contested case a majority of the officials of the agency who are to render the final order have not heard the case...
• 183.462   Agency statement of ex parte communications; notice.
  The agency shall place on the record a statement of the substance of any written or oral ex parte communications on a fact in issue...
• 183.464   Proposed order by hearing officer; amendment by agency; exemptions.
  (1) Except as otherwise provided in subsections (1) to (4) of this section, unless a hearing officer is authorized or required by law or agency...
• 183.470   Orders in contested cases.
  In a contested case: (1) Every order adverse to a party to the proceeding shall be in writing or stated in the record and may...
• 183.480   Judicial review of agency orders.
  (1) Except as provided in ORS 183.417 (3)(b), any person adversely affected or aggrieved by an order or any party to an agency proceeding is...
• 183.482   Jurisdiction for review of contested cases; procedure; scope of court authority.
  (1) Jurisdiction for judicial review of contested cases is conferred upon the Court of Appeals. Proceedings for review shall be instituted by filing a petition...
• 183.484   Jurisdiction for review of orders other than contested cases; procedure; scope of court authority.
  (1) Jurisdiction for judicial review of orders other than contested cases is conferred upon the Circuit Court for Marion County and upon the circuit court...
• 183.485   Decision of court on review of contested case.
  (1) The court having jurisdiction for judicial review of contested cases shall direct its decision, including its judgment, to the agency issuing the order being...
• 183.486   Form and scope of decision of reviewing court.
  (1) The reviewing court’s decision under ORS 183.482 or 183.484 may be mandatory, prohibitory, or declaratory in form, and it shall provide whatever relief is...
• 183.490   Agency may be compelled to act.
  The court may, upon petition as described in ORS 183.484, compel an agency to act where it has unlawfully refused to act or make a...
• 183.495   [1975 c.759 §16a; repealed by 1985 c.757 §7]
• 183.497   Awarding costs and attorney fees when finding for petitioner.
  (1) In a judicial proceeding designated under subsection (2) of this section the court: (a) May, in its discretion, allow a petitioner reasonable attorney fees...
• 183.500   Appeals.
  Any party to the proceedings before the circuit court may appeal from the judgment of that court to the Court of Appeals. Such appeal shall...
• 183.502   Authority of agencies to use alternative means of dispute resolution; model rules; amendment of agreements and forms; agency alternative dispute resolution programs.
  (1) Unless otherwise prohibited by law, agencies may use alternative means of dispute resolution in rulemaking proceedings, contested case proceedings, judicial proceedings in which the...
• 183.510   [1957 c.717 §16; repealed by 1971 c.734 §21]
• 183.530   Housing cost impact statement required for certain proposed rules.
  A housing cost impact statement shall be prepared upon the proposal for adoption or repeal of any rule or any amendment to an existing rule...
• 183.534   Housing cost impact statement described; rules.
  (1) A housing cost impact statement is an estimate of the effect of a proposed rule or ordinance on the cost of development of a...
• 183.538   Effect of failure to prepare housing cost impact statement; judicial review.
  (1) Notwithstanding ORS 183.335 (12), 183.400 (4) or any other provision of law, the failure to prepare a housing cost impact statement shall not affect...
• 183.540   Reduction of economic impact on small business.
  If the statement of cost of compliance effect on small businesses required by ORS 183.335 (2)(b)(E) shows that a rule has a significant adverse effect...
• 183.545   [1981 c.755 §5; repealed by 2003 c.749 §17]
• 183.550   [1981 c.755 §6; repealed by 2003 c.749 §17]
• 183.560   [2001 c.374 §1; 2003 c.740 §1; renumbered 183.700 in 2003]
• 183.562   [2001 c.374 §2; renumbered 183.702 in 2003]
• 183.600   Definitions.
  For the purposes of ORS 183.600 to 183.690: (1) “Chief administrative law judge” means the person employed under ORS 183.610 to organize and manage the...
• 183.605   Office of Administrative Hearings.
  (1) The Office of Administrative Hearings is established within the Employment Department. The office shall be managed by the chief administrative law judge employed under...
• 183.610   Chief administrative law judge.
  (1) The Director of the Employment Department shall employ a person to serve as chief administrative law judge for the Office of Administrative Hearings. The...
• 183.615   Administrative law judges; duties; qualifications; rules.
  (1) An administrative law judge employed by or contracting with the chief administrative law judge shall conduct hearings on behalf of agencies as assigned by...
• 183.620   Contract administrative law judges.
  (1) The chief administrative law judge for the Office of Administrative Hearings may contract for the services of persons to act as administrative law judges....
• 183.625   Assignment of administrative law judges; conduct of hearings.
  (1) In assigning an administrative law judge to conduct hearings on behalf of an agency, the chief administrative law judge shall, whenever practicable, assign an...
• 183.630   Model rules of procedure; exemptions; depositions.
  (1) Except as provided in subsection (2) of this section, all contested case hearings conducted by administrative law judges assigned from the Office of Administrative...
• 183.635   Agencies required to use administrative law judges from Office of Administrative Hearings; exceptions.
  (1) Except as provided in this section, all agencies must use administrative law judges assigned from the Office of Administrative Hearings established under ORS 183.605...
• 183.640   Use of Office of Administrative Hearings by exempt agencies and by political subdivisions.
  (1) Upon request of an agency, the chief administrative law judge for the Office of Administrative Hearings may assign administrative law judges from the office...
• 183.645   Request for change of administrative law judge; rules.
  (1) After assignment of an administrative law judge from the Office of Administrative Hearings to conduct a hearing on behalf of an agency, the chief...
• 183.650   Form of order; modification of form of order by agency; finding of historical fact.
  (1) In any contested case hearing conducted by an administrative law judge assigned from the Office of Administrative Hearings, the administrative law judge shall prepare...
• 183.655   Fees.
  The chief administrative law judge for the Office of Administrative Hearings shall establish a schedule of fees for services rendered by administrative law judges assigned...
• 183.660   Office of Administrative Hearings Operating Account.
  (1) The Office of Administrative Hearings Operating Account is created within the General Fund. The account shall consist of moneys paid into the account under...
• 183.665   Estimates of office expenses.
  The chief administrative law judge for the Office of Administrative Hearings shall estimate in advance the expenses that the office will incur during each biennium...
• 183.670   Rules.
  Subject to the provisions of the State Personnel Relations Law, the chief administrative law judge for the Office of Administrative Hearings may adopt rules to:...
• 183.675   Alternative dispute resolution.
  ORS 183.600 to 183.690 do not limit in any way the ability of any agency to use alternative dispute resolution, including mediation or arbitration, to...
• 183.680   Standards and training program.
  (1) The chief administrative law judge for the Office of Administrative Hearings, working in coordination with the Attorney General, shall design and implement a standards...
• 183.685   Ex parte communications.
  (1) An administrative law judge assigned from the Office of Administrative Hearings who is presiding in a contested case proceeding and who receives an ex...
• 183.690   Office of Administrative Hearings Oversight Committee.
  (1) The Office of Administrative Hearings Oversight Committee is created. The committee consists of nine members, as follows: (a) The President of the Senate and...
• 183.700   Permits subject to ORS 183.702.
  (1) As used in this section and ORS 183.702, “permit” means an individual and particularized license, permit, certificate, approval, registration or similar form of permission...
• 183.702   Statement of criteria and procedures for evaluating permit application; documentation of decision on application; required signature.
  (1) At the time a person applies for a permit specified in ORS 183.700, the issuing agency shall offer a document to that applicant that...
• 183.705   Extended term for renewed licenses; fees; continuing education; rules.
  (1) Notwithstanding any other provision of law, an agency that issues licenses that must be renewed on an annual basis under the laws administered by...
• 183.710   Definitions for ORS 183.710 to 183.725.
  As used in ORS 183.710 to 183.725, unless the context requires otherwise: (1) “Committee” means the Legislative Counsel Committee. (2) “Rule” has the meaning given...
• 183.715   Submission of adopted rule to Legislative Counsel required; exception.
  (1) A state agency that adopts a rule shall submit a copy of the adopted rule to the Legislative Counsel within 10 days after the...
• 183.720   Procedure for review of agency rule; reports on rules claimed to be duplicative or conflicting.
  (1) The Legislative Counsel may review, or shall review at the direction of the Legislative Counsel Committee, a proposed rule or an adopted rule of...
• 183.722   Required agency response to Legislative Counsel determination.
  (1) If the Legislative Counsel determines under ORS 183.720 (3) that a proposed or adopted rule is not within the intent and scope of the...
• 183.725   Report of Legislative Counsel Committee to agencies and Legislative Assembly.
  (1) The Legislative Counsel Committee, at any time, may review any proposed or adopted rule of a state agency, and may report its recommendations in...
• 183.745   Civil penalty procedures; notice; hearing; judicial review; exemptions; recording; enforcement.
  (1) Except as otherwise provided by law, an agency may only impose a civil penalty as provided in this section. (2) A civil penalty imposed...
• 183.750   State agency required to prepare public writings in readable form.
  (1) Every state agency shall prepare its public writings in language that is as clear and simple as possible. (2) As used in this section:...

Last modified: August 7, 2008