There Is a Newer Version
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2021 Oregon Revised Statutes
Volume : 05 - State Government, Government Procedures, Land Use
Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties
Section 183.332 - Policy statement; conformity of state rules with equivalent federal laws and rules.
Universal Citation:
OR Rev Stat § 183.332 (2021)
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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]
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