Or. Admin. Code § 166-500-0010

Current through Register Vol. 63, No. 12, December 1, 2024

Section 166-500-0010 - Definitions

The following definitions apply to 166-500-0010 through 166-500-0070.

(1)Attachments are documents that accompany a rule, such as maps, seals, drawings, forms, graphs, tables, and charts. See OAR 166-500-0060.

(2)Delegation of Rulemaking Authority and Appointment of Rules Coordinator Form is the form agencies use to authorize and identify their agency rules coordinators and all persons to whom the agency has delegated rulemaking authority. State agencies that adopt administrative rules must complete this form identifying their rules coordinators. This combined form must be filed with the Publications Unit before a person named on the form may obtain filing access or submit filings to the Publications Unit. Only one form will be in effect at a time. Each subsequent submission replaces the previous form filed.

(3) Dates:

(a)Agency Approved Date for a Permanent or Temporary Filing is the date an agency has approved or a commission or board has adopted a rule version, and must be the same as or prior to the filing date.

(b)Deadline Day is the last date and time at which the Publications Unit will accept a filing for possible inclusion in the next monthly Oregon Bulletin. See OAR 166-500-0070.

(c)Effective Date is the date the rule becomes legally effective and enforceable. That date is either the date the rule is filed with the Publications Unit or a later date that the agency specifies.

(d)Filing Date is the day a filing is submitted to the Publications Unit via the Oregon Administrative Rules Database (OARD).

(e)Last Date for Public Comment is the last date an agency will accept comment on a proposed rule into the rulemaking record.

(f)Through Date is the last day a temporary rule is effective.

(4)Filing Authorization is an agency's approval for a person to submit filings on the agency's behalf to the Publications Unit. The Rules Coordinator must indicate that a person who is listed on the Delegation of Rulemaking Authority and Appointment of Rules Coordinator Form on file with the Publications Unit has approved the filing.

(5)Filing Caption is a statement, of not more than 15 words, that applies to the entire filing and all included rule changes identifying the rulemaking action's subject matter. See ORS 183.335(2)(a)(A).

(6) Filing types:

(a)Notice of Proposed Rulemaking Filing, or Notice Filing, is the process an agency uses to inform the public of intended rulemaking action, with or without hearings that includes publication in the Oregon Bulletin.

(b)Permanent Filing is the agency process to permanently adopt new rules, amend or repeal existing rules, or renumber an existing rule to a new number and has no automatic expiration.

(c)Statutory Minor Correction Filing is the process an agency uses to amend an existing rule applying only corrections that fall under ORS 183.335(7). See OAR 166-500-0047.

(d)Temporary Filing is the agency process to temporarily adopt new rules, amend or suspend existing rules. A Temporary Filing can remain in effect no longer than 180 days. See OAR 166-500-0050.

(7)Oregon Administrative Rules Database (OARD) is the online filing system that agencies use to submit filings to the Publications Unit. OARD contains each agency's rules, current draft text, filing drafts, and search features.

(8)Oregon Bulletin contains all rulemaking actions filed each month. The Bulletin includes:

(a) Notice of Proposed Rulemaking Filings;

(b) Permanent Filings;

(c) Temporary Filings;

(d) Statutory Minor Correction Filings; and

(e) Certain other notices.

(9)Publications Unit is a work unit of the Archives Division under the Oregon Secretary of State. The unit is responsible for receiving all agency filings, including Notice of Proposed Rulemaking Filings, Permanent Filings, Temporary Filings and Statutory Minor Correction Filings; publishing the OAR Compilation; and compiling the Oregon Bulletin.

(10) Rulemaking Actions:

(a)Adopt: is a permanent or temporary action that creates a new rule to add to an agency's body of rules. An agency may not list a rule as a temporary adopt if the agency has previously adopted the rule on a permanent filing. An agency may only amend, suspend or repeal a rule the agency has permanently adopted.

(b)Amend: is a permanent or temporary action that modifies an existing rule with additions or deletions to the rule text or associated attachments or items adopted by reference.

(c)Renumber: is a permanent action that deletes an existing rule number and moves that rule's text to a new rule number. No changes are permitted to the rule text. Once a rule is renumbered, the old number cannot be re-used.

(d)Repeal: a permanent action that removes an existing rule from an agency's body of rules such that the rule no longer has any legal effect. A repealed rule number cannot be re-used.

(e)Suspend: is a temporary action that renders an existing rule ineffective for no more than 180 days. See ORS 183.335(6).

(11)Rules Coordinators are one to three persons an agency appoints to coordinate the writing and filing of Administrative Rules. The Delegation of Rulemaking Authority and Appointment of Rules Coordinator Form must be filed with the Publications Unit before access is granted to OARD, by the Publications Unit to file rules.

(12)Rule Summary is a statement for each rule summarizing the subject matter and purpose of the intended action. See ORS 183.335(2)(a)(B).

(13)Rules Writer is a person an agency authorizes to draft and edit rules within the Oregon Administrative Rules Database (OARD).

(14)Statement of Need and Fiscal Impact explains the need for a rulemaking action and its fiscal impact. The Statement accompanies the Notice of Proposed Rulemaking Filing.

(15)Statement of Need and Justification explains the need for a rulemaking action and the justification for submitting the changes as a temporary rule rather than using the permanent rulemaking process. The Statement accompanies the Temporary Filing.

(16)Statutory and Other Authority are the statute(s), bill(s) or federal legislation that grant an agency the authority to adopt rules.

(17)Statutes and Other Implemented are the statute(s), bill(s) or federal legislation that an agency's rule explains, expands on, or puts into effect through the rulemaking process.

Or. Admin. Code § 166-500-0010

OSA 9-1997(Temp), f. & cert. ef. 10-6-97; OSA 13-1997, f. & cert. ef. 11-3-97; OSA 5-1999(Temp), f. & cert. ef. 12-9-99 thru 5-10-00; OSA 13-1997 f. & cert. ef. 12-3-97; OSA 2-2000, f. & cert. ef. 3-9-00; OSA 2-2007, f. & cert. ef. 7-31-07; OSA 2-2012, f. & cert. ef. 9-12-12; OSA 3-2017, amend filed 12/18/2017, effective 12/18/2017; OSA 2-2021, minor correction filed 05/24/2021, effective 5/24/2021

Publications: Publications & Forms referenced are available from the agency.

Statutory/Other Authority: ORS 183

Statutes/Other Implemented: ORS 183