(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]
Structure 2021 Oregon Revised Statutes
Volume : 05 - State Government, Government Procedures, Land Use
Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties
Section 183.310 - Definitions for chapter.
Section 183.315 - Application of provisions of chapter to certain agencies.
Section 183.336 - Cost of compliance effect on small businesses.
Section 183.337 - Procedure for agency adoption of federal rules.
Section 183.365 - Publication of administrative rules in electronic form.
Section 183.390 - Petitions requesting adoption of rules.
Section 183.400 - Judicial determination of validity of rule.
Section 183.403 - Agency report to Legislative Assembly regarding temporary rules.
Section 183.405 - Agency review of rules; report by Secretary of State.
Section 183.407 - Small Business Rules Advisory Committee.
Section 183.411 - Delegation of final order authority.
Section 183.415 - Notice of right to hearing.
Section 183.417 - Procedure in contested case hearing.
Section 183.425 - Depositions or subpoena of material witness; discovery.
Section 183.430 - Hearing on refusal to renew license; exceptions.
Section 183.440 - Subpoenas in contested cases.
Section 183.450 - Evidence in contested cases.
Section 183.452 - Representation of agencies at contested case hearings.
Section 183.459 - Representation of home care worker by labor union representative.
Section 183.464 - Proposed order by hearing officer; amendment by agency; exemptions.
Section 183.470 - Orders in contested cases.
Section 183.471 - Preservation of orders in electronic format; fees.
Section 183.480 - Judicial review of agency orders.
Section 183.482 - Jurisdiction for review of contested cases; procedure; scope of court authority.
Section 183.485 - Decision of court on review of contested case.
Section 183.486 - Form and scope of decision of reviewing court.
Section 183.497 - Awarding costs and attorney fees when finding for petitioner.
Section 183.530 - Housing cost impact statement required for certain proposed rules.
Section 183.534 - Housing cost impact statement described; rules.
Section 183.538 - Effect of failure to prepare housing cost impact statement; judicial review.
Section 183.540 - Reduction of economic impact on small business.
Section 183.605 - Office of Administrative Hearings.
Section 183.610 - Chief administrative law judge.
Section 183.615 - Administrative law judges; duties; qualifications; rules.
Section 183.620 - Contract administrative law judges.
Section 183.625 - Assignment of administrative law judges; conduct of hearings.
Section 183.630 - Model rules of procedure; exemptions; depositions.
Section 183.645 - Request for change of administrative law judge; rules.
Section 183.660 - Office of Administrative Hearings Operating Account.
Section 183.680 - Standards and training program.
Section 183.685 - Ex parte communications.
Section 183.690 - Office of Administrative Hearings Oversight Committee.
Section 183.700 - Permits subject to ORS 183.702.
Section 183.705 - Extended term for renewed licenses; fees; continuing education; rules.
Section 183.710 - Definitions for ORS 183.710 to 183.730.
Section 183.715 - Submission of adopted rule to Legislative Counsel required.
Section 183.724 - Designation of interim committees for purposes of considering rule reports.
Section 183.730 - Review of rule by Oregon Sunshine Committee.
Section 183.750 - State agency required to prepare public writings in readable form.