US Laws, Codes, Statutes & Cases

Chapter 183 — Administrative Procedures Act; Legislative

Review of Rules; Civil Penalties

 

2007 EDITION

 

ADMINISTRATIVE PROCEDURES ACT

 

EXECUTIVE BRANCH; ORGANIZATION

 

ADMINISTRATIVE PROCEDURES ACT

 

(General Provisions)

 

183.310     Definitions for chapter

 

183.315     Application of provisions of chapter to certain agencies

 

(Adoption of Rules)

 

183.325     Delegation of rulemaking authority to named officer or employee

 

183.330     Description of organization; service of order; rules coordinator; effect of not putting order in writing

 

183.332     Policy statement; conformity of state rules with equivalent federal laws and rules

 

183.333     Policy statement; public involvement in development of policy and drafting of rules; advisory committees

 

183.335     Notice; content; public comment; temporary rule adoption, amendment or suspension; substantial compliance required

 

183.336     Cost of compliance effect on small businesses

 

183.337     Procedure for agency adoption of federal rules

 

183.341     Model rules of procedure; establishment; compilation; publication; agencies required to adopt procedural rules

 

183.355     Filing and taking effect of rules; filing of executive orders; copies

 

183.360     Publication of rules and orders; exceptions; requirements; bulletin; judicial notice; citation

 

183.362     Program for biennial publication of Oregon Administrative Rules

 

183.365     Publication of administrative rules in electronic form

 

183.370     Distribution of published rules

 

183.390     Petitions requesting adoption of rules

 

183.400     Judicial determination of validity of rule

 

183.405     Agency review of rules

 

183.410     Agency determination of applicability of rule or statute to petitioner; effect; judicial review

 

(Contested Cases)

 

183.411     Delegation of final order authority

 

183.413     Notice to parties before hearing of rights and procedure; failure to provide notice

 

183.415     Notice of right to hearing

 

183.417     Procedure in contested case hearing

 

183.425     Depositions or subpoena of material witness; discovery

 

183.430     Hearing on refusal to renew license; exceptions

 

183.435     Period allowed to request hearing for license refusal on grounds other than test or inspection results

 

183.440     Subpoenas in contested cases

 

183.445     Subpoena by agency or attorney of record of party when agency not subject to ORS 183.440

 

183.450     Evidence in contested cases

 

183.452     Representation of agencies at contested case hearings

 

183.457     Representation of persons other than agencies participating in contested case hearings

 

183.458     Nonattorney representation of parties in certain contested case hearings

 

183.460     Examination of evidence by agency

 

183.462     Agency statement of ex parte communications; notice

 

183.464     Proposed order by hearing officer; amendment by agency; exemptions

 

183.470     Orders in contested cases

 

(Judicial Review)

 

183.480     Judicial review of agency orders

 

183.482     Jurisdiction for review of contested cases; procedure; scope of court authority

 

183.484     Jurisdiction for review of orders other than contested cases; procedure; scope of court authority

 

183.485     Decision of court on review of contested case

 

183.486     Form and scope of decision of reviewing court

 

183.490     Agency may be compelled to act

 

183.497     Awarding costs and attorney fees when finding for petitioner

 

(Appeals From Circuit Courts)

 

183.500     Appeals

 

(Alternative Dispute Resolution)

 

183.502     Authority of agencies to use alternative means of dispute resolution; model rules; amendment of agreements and forms; agency alternative dispute resolution programs

 

(Housing Cost Impact Statement)

 

183.530     Housing cost impact statement required for certain proposed rules

 

183.534     Housing cost impact statement described; rules

 

183.538     Effect of failure to prepare housing cost impact statement; judicial review

 

(Effects of Rules on Small Business)

 

183.540     Reduction of economic impact on small business

 

(Office of Administrative Hearings)

 

183.600     Definitions

 

183.605     Office of Administrative Hearings

 

183.610     Chief administrative law judge

 

183.615     Administrative law judges; duties; qualifications; rules

 

183.620     Contract administrative law judges

 

183.625     Assignment of administrative law judges; conduct of hearings

 

183.630     Model rules of procedure; exemptions; depositions

 

183.635     Agencies required to use administrative law judges from Office of Administrative Hearings; exceptions

 

183.640     Use of Office of Administrative Hearings by exempt agencies and by political subdivisions

 

183.645     Request for change of administrative law judge; rules

 

183.650     Form of order; modification of form of order by agency; finding of historical fact

 

183.655     Fees

 

183.660     Office of Administrative Hearings Operating Account

 

183.665     Estimates of office expenses

 

183.670     Rules

 

183.675     Alternative dispute resolution

 

183.680     Standards and training program

 

183.685     Ex parte communications

 

183.690     Office of Administrative Hearings Oversight Committee

 

PERMITS AND LICENSES

 

183.700     Permits subject to ORS 183.702

 

183.702     Statement of criteria and procedures for evaluating permit application; documentation of decision on application; required signature

 

183.705     Extended term for renewed licenses; fees; continuing education; rules

 

LEGISLATIVE REVIEW OF RULES

 

183.710     Definitions for ORS 183.710 to 183.725

 

183.715     Submission of adopted rule to Legislative Counsel required; exception

 

183.720     Procedure for review of agency rule; reports on rules claimed to be duplicative or conflicting

 

183.722     Required agency response to Legislative Counsel determination

 

183.725     Report of Legislative Counsel Committee to agencies and Legislative Assembly

 

CIVIL PENALTIES

 

183.745     Civil penalty procedures; notice; hearing; judicial review; exemptions; recording; enforcement

 

READABILITY OF PUBLIC WRITINGS

 

183.750     State agency required to prepare public writings in readable form

 

      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]

 

ADMINISTRATIVE PROCEDURES ACT

 

(General Provisions)

 

      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 to issue orders, except those in the legislative and judicial branches.

      (2)(a) “Contested case” means a proceeding before an agency:

      (A) In which the individual legal rights, duties or privileges of specific parties are required by statute or Constitution to be determined only after an agency hearing at which such specific parties are entitled to appear and be heard;

      (B) Where the agency has discretion to suspend or revoke a right or privilege of a person;

      (C) For the suspension, revocation or refusal to renew or issue a license where the licensee or applicant for a license demands such hearing; or

      (D) Where the agency by rule or order provides for hearings substantially of the character required by ORS 183.415, 183.417, 183.425, 183.450, 183.460 and 183.470.

      (b) “Contested case” does not include proceedings in which an agency decision rests solely on the result of a test.

      (3) “Economic effect” means the economic impact on affected businesses by and the costs of compliance, if any, with a rule for businesses, including but not limited to the costs of equipment, supplies, labor and administration.

      (4) “Hearing officer” includes an administrative law judge.

      (5) “License” includes the whole or part of any agency permit, certificate, approval, registration or similar form of permission required by law to pursue any commercial activity, trade, occupation or profession.

      (6)(a) “Order” means any agency action expressed orally or in writing directed to a named person or named persons, other than employees, officers or members of an agency. “Order” includes any agency determination or decision issued in connection with a contested case proceeding. “Order” includes:

      (A) Agency action under ORS chapter 657 making determination for purposes of unemployment compensation of employees of the state;

      (B) Agency action under ORS chapter 240 which grants, denies, modifies, suspends or revokes any right or privilege of an employee of the state; and

      (C) Agency action under ORS 468B.050 to issue a permit.

      (b) “Final order” means final agency action expressed in writing. “Final order” does not include any tentative or preliminary agency declaration or statement that:

      (A) Precedes final agency action; or

      (B) Does not preclude further agency consideration of the subject matter of the statement or declaration.

      (7) “Party” means:

      (a) Each person or agency entitled as of right to a hearing before the agency;

      (b) Each person or agency named by the agency to be a party; or

      (c) Any person requesting to participate before the agency as a party or in a limited party status which the agency determines either has an interest in the outcome of the agency’s proceeding or represents a public interest in such result. The agency’s determination is subject to judicial review in the manner provided by ORS 183.482 after the agency has issued its final order in the proceedings.

      (8) “Person” means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character other than an agency.

      (9) “Rule” means any agency directive, standard, regulation or statement of general applicability that implements, interprets or prescribes law or policy, or describes the procedure or practice requirements of any agency. The term includes the amendment or repeal of a prior rule, but does not include:

      (a) Unless a hearing is required by statute, internal management directives, regulations or statements which do not substantially affect the interests of the public:

      (A) Between agencies, or their officers or their employees; or

      (B) Within an agency, between its officers or between employees.

      (b) Action by agencies directed to other agencies or other units of government which do not substantially affect the interests of the public.

      (c) Declaratory rulings issued pursuant to ORS 183.410 or 305.105.

      (d) Intra-agency memoranda.

      (e) Executive orders of the Governor.

      (f) Rules of conduct for persons committed to the physical and legal custody of the Department of Corrections, the violation of which will not result in:

      (A) Placement in segregation or isolation status in excess of seven days.

      (B) Institutional transfer or other transfer to secure confinement status for disciplinary reasons.

      (C) Disciplinary procedures adopted pursuant to ORS 421.180.

      (10) “Small business” means a corporation, partnership, sole proprietorship or other legal entity formed for the purpose of making a profit, which is independently owned and operated from all other businesses and which has 50 or fewer employees. [1957 c.717 §1; 1965 c.285 §78a; 1967 c.419 §32; 1969 c.80 §37a; 1971 c.734 §1; 1973 c.386 §4; 1973 c.621 §1a; 1977 c.374 §1; 1977 c.798 §1; 1979 c.593 §6; 1981 c.755 §1; 1987 c.320 §141; 1987 c.861 §1; 2003 c.75 §71; 2005 c.523 §8; 2007 c.288 §9]

 

      Note: See note under 183.417.

 

      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 created pursuant to ORS 199.430, the Department of Revenue, State Accident Insurance Fund Corporation, Department of Consumer and Business Services with respect to its functions under ORS chapters 654 and 656, Psychiatric Security Review Board or State Board of Parole and Post-Prison Supervision.

      (2) This chapter does not apply with respect to actions of the Governor authorized under ORS chapter 240 and ORS 396.125 or actions of the Adjutant General authorized under ORS 396.160 (14).

      (3) The provisions of ORS 183.410, 183.415, 183.417, 183.425, 183.440, 183.450, 183.452, 183.458 and 183.460 do not apply to the Employment Appeals Board or the Employment Department.

      (4) The Employment Department shall be exempt from the provisions of this chapter to the extent that a formal finding of the United States Secretary of Labor is made that such provision conflicts with the terms of the federal law, acceptance of which by the state is a condition precedent to continued certification by the United States Secretary of Labor of the state’s law.

      (5) The provisions of ORS 183.415 to 183.430, 183.440 to 183.460, 183.470 to 183.485 and 183.490 to 183.500 do not apply to orders issued to persons who:

      (a) Have been committed pursuant to ORS 137.124 to the custody of the Department of Corrections or are otherwise confined in a Department of Corrections facility; or

      (b) Seek to visit an inmate confined in a Department of Corrections facility.

      (6) ORS 183.410, 183.415, 183.417, 183.425, 183.440, 183.450, 183.460, 183.470 and 183.482 (3) do not apply to the Public Utility Commission. Notwithstanding ORS 183.480 and except as provided in ORS 757.495 and 759.390, only a party to a hearing before the Public Utility Commission is entitled to seek judicial review of an order of the commission.

      (7) The provisions of this chapter do not apply to the suspension, cancellation or termination of an apprenticeship or training agreement under ORS 660.060.

      (8) The provisions of ORS 183.413 to 183.497 do not apply to administrative proceedings conducted under rules adopted by the Secretary of State under ORS 246.190. [1971 c.734 §19; 1973 c.612 §3; 1973 c.621 §2; 1973 c.694 §1; 1975 c.759 §1; 1977 c.804 §45; 1979 c.593 §7; 1981 c.711 §16; 1987 c.320 §142; 1987 c.373 §21; 1989 c.90 §1; 1997 c.26 §1; 1999 c.448 §6; 1999 c.679 §1; 2003 c.64 §8; 2005 c.512 §30; 2005 c.638 §1; 2007 c.239 §8; 2007 c.288 §10]

 

      Note: The amendments to 183.315 by section 8, chapter 239, Oregon Laws 2007, become operative July 1, 2008. See section 16, chapter 239, Oregon Laws 2007. The text that is operative until July 1, 2008, including amendments by section 10, chapter 288, Oregon Laws 2007, is set forth for the user’s convenience.

      183.315. (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 created pursuant to ORS 199.425 or 199.430, the Department of Revenue, State Accident Insurance Fund Corporation, Department of Consumer and Business Services with respect to its functions under ORS chapters 654 and 656, Psychiatric Security Review Board or State Board of Parole and Post-Prison Supervision.

      (2) This chapter does not apply with respect to actions of the Governor authorized under ORS chapter 240 and ORS 396.125 or actions of the Adjutant General authorized under ORS 396.160 (14).

      (3) The provisions of ORS 183.410, 183.415, 183.417, 183.425, 183.440, 183.450, 183.452, 183.458 and 183.460 do not apply to the Employment Appeals Board or the Employment Department.

      (4) The Employment Department shall be exempt from the provisions of this chapter to the extent that a formal finding of the United States Secretary of Labor is made that such provision conflicts with the terms of the federal law, acceptance of which by the state is a condition precedent to continued certification by the United States Secretary of Labor of the state’s law.

      (5) The provisions of ORS 183.415 to 183.430, 183.440 to 183.460, 183.470 to 183.485 and 183.490 to 183.500 do not apply to orders issued to persons who:

      (a) Have been committed pursuant to ORS 137.124 to the custody of the Department of Corrections or are otherwise confined in a Department of Corrections facility; or

      (b) Seek to visit an inmate confined in a Department of Corrections facility.

      (6) ORS 183.410, 183.415, 183.417, 183.425, 183.440, 183.450, 183.460, 183.470 and 183.482 (3) do not apply to the Public Utility Commission. Notwithstanding ORS 183.480 and except as provided in ORS 757.495 and 759.390, only a party to a hearing before the Public Utility Commission is entitled to seek judicial review of an order of the commission.

      (7) The provisions of this chapter do not apply to the suspension, cancellation or termination of an apprenticeship or training agreement under ORS 660.060.

      (8) The provisions of ORS 183.413 to 183.497 do not apply to administrative proceedings conducted under rules adopted by the Secretary of State under ORS 246.190.

 

      Note: See note under 183.417.

 

      183.317 [1971 c.734 §187; repealed by 1979 c.593 §34]

 

      183.320 [1957 c.717 §15; repealed by 1971 c.734 §21]

 

(Adoption of Rules)

 

      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 this section must be made in writing and filed with the Secretary of State before the filing of any rule adopted pursuant to the delegation. A delegation under this section may be made only to one or more named individuals. The delegation of authority shall reflect the name of the authorized individual or individuals, and be signed in acknowledgment by the named individuals. Any officer or employee to whom rulemaking authority is delegated under this section is an “agency” for the purposes of the rulemaking requirements of this chapter. [1979 c.593 §10; 1993 c.729 §1]

 

      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 may obtain information or make submissions or requests.

      (2) Each state agency that adopts rules shall appoint a rules coordinator and file a copy of that appointment with the Secretary of State. The rules coordinator shall:

      (a) Maintain copies of all rules adopted by the agency and be able to provide information to the public about the status of those rules;

      (b) Provide information to the public on all rulemaking proceedings of the agency; and

      (c) Keep and make available the mailing list required by ORS 183.335 (8).

      (3) An order shall not be effective as to any person or party unless it is served upon the person or party either personally or by mail. This subsection is not applicable in favor of any person or party who has actual knowledge of the order.

      (4) An order is not final until it is reduced to writing. [1957 c.717 §2; 1971 c.734 §4; 1975 c.759 §3; 1979 c.593 §8; 1993 c.729 §2; 2001 c.220 §3]

 

      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 an agency adopts policies and rules. However, since there are many federal laws and regulations that apply to activities that are also regulated by the state, it is also the policy of this state that agencies attempt to adopt rules that correspond with equivalent federal laws and rules unless:

      (1) There is specific statutory direction to the agency that authorizes the adoption of the rule;

      (2) A federal waiver has been granted that authorizes the adoption of the rule;

      (3) Local or special conditions exist in this state that warrant a different rule;

      (4) The state rule has the effect of clarifying the federal rules, standards, procedures or requirements;

      (5) The state rule achieves the goals of the federal and state law with the least impact on public and private resources; or

      (6) There is no corresponding federal regulation. [1997 c.602 §2]

 

      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 of public policy by agencies and in the drafting of rules. The Legislative Assembly encourages agencies to seek public input to the maximum extent possible before giving notice of intent to adopt a rule. The agency may appoint an advisory committee that will represent the interests of persons likely to be affected by the rule, or use any other means of obtaining public views that will assist the agency in drafting the rule.

      (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. 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) 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. [2003 c.749 §4; 2005 c.807 §4]

 

      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 by rule adopted by the agency under ORS 183.341 (4), which provides a reasonable opportunity for interested persons to be notified of the agency’s proposed action;

      (b) In the bulletin referred to in ORS 183.360 at least 21 days prior to the effective date;

      (c) At least 28 days before the effective date, to persons who have requested notice pursuant to subsection (8) of this section; and

      (d) At least 49 days before the effective date, to the persons specified in subsection (15) of this section.

      (2)(a) The notice required by subsection (1) of this section must include:

      (A) A caption of not more than 15 words that reasonably identifies the subject matter of the agency’s intended action. The agency shall include the caption on each separate notice, statement, certificate or other similar document related to the intended action.

      (B) An objective, simple and understandable statement summarizing the subject matter and purpose of the intended action in sufficient detail to inform a person that the person’s interests may be affected, and the time, place and manner in which interested persons may present their views on the intended action.

      (b) The agency shall include with the notice of intended action given under subsection (1) of this section:

      (A) A citation of the statutory or other legal authority relied upon and bearing upon the promulgation of the rule;

      (B) A citation of the statute or other law the rule is intended to implement;

      (C) A statement of the need for the rule and a statement of how the rule is intended to meet the need;

      (D) A list of the principal documents, reports or studies, if any, prepared by or relied upon by the agency in considering the need for and in preparing the rule, and a statement of the location at which those documents are available for public inspection. The list may be abbreviated if necessary, and if so abbreviated there shall be identified the location of a complete list;

      (E) A statement of fiscal impact identifying state agencies, units of local government and the public which may be economically affected by the adoption, amendment or repeal of the rule and an estimate of that economic impact on state agencies, units of local government and the public. In considering the economic effect of the proposed action on the public, the agency shall utilize available information to project any significant economic effect of that action on businesses which shall include a cost of compliance effect on small businesses affected. For an agency specified in ORS 183.530, the statement of fiscal impact shall also include a housing cost impact statement as described in ORS 183.534;

      (F) If an advisory committee is not appointed under the provisions of ORS 183.333, an explanation as to why no advisory committee was used to assist the agency in drafting the rule; and

      (G) A request for public comment on whether other options should be considered for achieving the rule’s substantive goals while reducing the negative economic impact of the rule on business.

      (c) The Secretary of State may omit the information submitted under paragraph (b) of this subsection from publication in the bulletin referred to in ORS 183.360.

      (d) When providing notice of an intended action under subsection (1)(c) of this section, the agency shall provide a copy of the rule that the agency proposes to adopt, amend or repeal, or an explanation of how the person may acquire a copy of the rule. The copy of an amended rule shall show all changes to the rule by striking through material to be deleted and underlining all new material, or by any other method that clearly shows all new and deleted material.

      (3)(a) When an agency proposes to adopt, amend or repeal a rule, it shall give interested persons reasonable opportunity to submit data or views. Opportunity for oral hearing shall be granted upon request received from 10 persons or from an association having not less than 10 members before the earliest date that the rule could become effective after the giving of notice pursuant to subsection (1) of this section. An agency holding a hearing upon a request made under this subsection shall give notice of the hearing at least 21 days before the hearing to the person who has requested the hearing, to persons who have requested notice pursuant to subsection (8) of this section and to the persons specified in subsection (15) of this section. The agency shall publish notice of the hearing in the bulletin referred to in ORS 183.360 at least 14 days before the hearing. The agency shall consider fully any written or oral submission.

      (b) If an agency is required to conduct an oral hearing under paragraph (a) of this subsection, and the rule for which the hearing is to be conducted applies only to a limited geographical area within this state, or affects only a limited geographical area within this state, the hearing shall be conducted within the geographical area at the place most convenient for the majority of the residents within the geographical area. At least 14 days before a hearing conducted under this paragraph, the agency shall publish notice of the hearing in the bulletin referred to in ORS 183.360 and in a newspaper of general circulation published within the geographical area that is affected by the rule or to which the rule applies. If a newspaper of general circulation is not published within the geographical area that is affected by the rule or to which the rule applies, the publication shall be made in the newspaper of general circulation published closest to the geographical area.

      (c) Notwithstanding paragraph (a) of this subsection, the Department of Corrections and the State Board of Parole and Post-Prison Supervision may adopt rules limiting participation by inmates in the proposed adoption, amendment or repeal of any rule to written submissions.

      (d) If requested by at least five persons before the earliest date that the rule could become effective after the agency gives notice pursuant to subsection (1) of this section, the agency shall provide a statement that identifies the objective of the rule and a statement of how the agency will subsequently determine whether the rule is in fact accomplishing that objective.

      (e) An agency that receives data or views concerning proposed rules from interested persons shall maintain a record of the data or views submitted. The record shall contain:

      (A) All written materials submitted to an agency in response to a notice of intent to adopt, amend or repeal a rule.

      (B) A recording or summary of oral submissions received at hearings held for the purpose of receiving those submissions.

      (C) Any public comment received in response to the request made under subsection (2)(b)(G) of this section and the agency’s response to that comment.

      (D) Any statements provided by the agency under paragraph (d) of this subsection.

      (4) Upon request of an interested person received before the earliest date that the rule could become effective after the giving of notice pursuant to subsection (1) of this section, the agency shall postpone the date of its intended action no less than 21 nor more than 90 days in order to allow the requesting person an opportunity to submit data, views or arguments concerning the proposed action. Nothing in this subsection shall preclude an agency from adopting a temporary rule pursuant to subsection (5) of this section.

      (5) Notwithstanding subsections (1) to (4) of this section, an agency may adopt, amend or suspend a rule without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable, if the agency prepares:

      (a) A statement of its findings that its failure to act promptly will result in serious prejudice to the public interest or the interest of the parties concerned and the specific reasons for its findings of prejudice;

      (b) A citation of the statutory or other legal authority relied upon and bearing upon the promulgation of the rule;

      (c) A statement of the need for the rule and a statement of how the rule is intended to meet the need;

      (d) A list of the principal documents, reports or studies, if any, prepared by or relied upon by the agency in considering the need for and in preparing the rule, and a statement of the location at which those documents are available for public inspection; and

      (e) For an agency specified in ORS 183.530, a housing cost impact statement as defined in ORS 183.534.

      (6)(a) A rule adopted, amended or suspended under subsection (5) of this section is temporary and may be effective for a period of not longer than 180 days. The adoption of a rule under this subsection does not preclude the subsequent adoption of an identical rule under subsections (1) to (4) of this section.

      (b) A rule temporarily suspended shall regain effectiveness upon expiration of the temporary period of suspension unless the rule is repealed under subsections (1) to (4) of this section.

      (7) Notwithstanding subsections (1) to (4) of this section, an agency may amend a rule without prior notice or hearing if the amendment is solely for the purpose of:

      (a) Changing the name of an agency by reason of a name change prescribed by law;

      (b) Changing the name of a program, office or division within an agency as long as the change in name does not have a substantive effect on the functions of the program, office or division;

      (c) Correcting spelling;

      (d) Correcting grammatical mistakes in a manner that does not alter the scope, application or meaning of the rule;

      (e) Correcting statutory or rule references; or

      (f) Correcting addresses or telephone numbers referred to in the rules.

      (8)(a) Any person may request in writing that an agency send to the person copies of the agency’s notices of intended action issued under subsection (1) of this section. The person must provide an address where the person elects to receive notices. The address provided may be a postal mailing address or, if the agency provides notice by electronic mail, may be an electronic mailing address.

      (b) A request under this subsection must indicate that the person requests one of the following:

      (A) The person may request that the agency mail paper copies of the proposed rule and other information required by subsection (2) of this section to the postal mailing address.

      (B) If the agency posts notices of intended action on a website, the person may request that the agency mail the information required by subsection (2)(a) of this section to the postal mailing address with a reference to the website where electronic copies of the proposed rule and other information required by subsection (2) of this section are posted.

      (C) If the agency provides notice by electronic mail, the person may request that the agency electronically mail the information required by subsection (2)(a) of this section to the electronic mailing address, and either provide electronic copies of the proposed rule and other information required by subsection (2) of this section or provide a reference to a website where electronic copies of the proposed rule and other information required by subsection (2) of this section are posted.

      (c) Upon receipt of any request under this subsection, the agency shall acknowledge the request, establish a mailing list and maintain a record of all mailings made pursuant to the request. Agencies may establish procedures for establishing the mailing lists and keeping the mailing lists current. Agencies by rule may establish fees necessary to defray the costs of mailings and maintenance of the lists.

      (9) This section does not apply to rules establishing an effective date for a previously effective rule or establishing a period during which a provision of a previously effective rule will apply.

      (10) This section does not apply to ORS 279.835 to 279.855, 279A.140 to 279A.155, 279A.250 to 279A.290, 279A.990, 279B.050 to 279B.085, 279B.200 to 279B.240, 279B.270, 279B.275, 279B.280, 279C.360, 279C.365, 279C.370, 279C.375, 279C.380, 279C.385, 279C.500 to 279C.530, 279C.540, 279C.545, 279C.550 to 279C.570, 279C.580, 279C.585, 279C.590, 279C.600 to 279C.625, 279C.650 to 279C.670 and 279C.800 to 279C.870 relating to public contracts and purchasing.

      (11)(a) Except as provided in paragraph (c) of this subsection, a rule is not valid unless adopted in substantial compliance with the provisions of this section in effect on the date that the notice required under subsection (1) of this section is delivered to the Secretary of State for the purpose of publication in the bulletin referred to in ORS 183.360.

      (b) In addition to all other requirements with which rule adoptions must comply, a rule is not valid if the rule has not been submitted to the Legislative Counsel in the manner required by ORS 183.715.

      (c) A rule is not subject to judicial review or other challenge by reason of failing to comply with subsection (2)(a)(A) of this section.

      (12)(a) Notwithstanding the provisions of subsection (11) of this section, but subject to paragraph (b) of this subsection, an agency may correct its failure to substantially comply with the requirements of subsections (2) and (5) of this section in adoption of a rule by an amended filing, as long as the noncompliance did not substantially prejudice the interests of persons to be affected by the rule.

      (b) An agency may use an amended filing to correct a failure to include a fiscal impact statement in a notice of intended action, as required by subsection (2)(b)(E) of this section, or to correct an inaccurate fiscal impact statement, only if the agency developed the fiscal impact statement with the assistance of an advisory committee or fiscal impact advisory committee appointed under ORS 183.333.

      (13) Unless otherwise provided by statute, the adoption, amendment or repeal of a rule by an agency need not be based upon or supported by an evidentiary record.

      (14) When an agency has established a deadline for comment on a proposed rule under the provisions of subsection (3)(a) of this section, the agency may not extend that deadline for another agency or person unless the extension applies equally to all interested agencies and persons. An agency shall not consider any submission made by another agency after the final deadline has passed.