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Oregon Revised Statutes

Or. Rev. Stat. § 183.341 (2026)

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

✓ current as of May 2026
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      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, any agency may adopt all or part of the model rules by reference without complying with the rulemaking procedures under ORS 183.335. Notice of such adoption shall be filed with the Secretary of State in the manner provided by ORS 183.355 for the filing of rules. The model rules may be amended from time to time by an adopting agency or the Attorney General after notice and opportunity for hearing as required by rulemaking procedures under this chapter.

      (2) Except as provided in ORS 183.630, all agencies shall adopt rules of procedure to be utilized in the adoption of rules and conduct of proceedings in contested cases or, if exempt from the contested case provisions of this chapter, for the conduct of proceedings.

      (3) The Secretary of State shall publish in the Oregon Administrative Rules:

      (a) The Attorney General’s model rules adopted under subsection (1) of this section;

      (b) The procedural rules of all agencies that have not adopted the Attorney General’s model rules; and

      (c) The notice procedures required by ORS 183.335 (1).

      (4) Agencies shall adopt rules of procedure which will provide a reasonable opportunity for interested persons to be notified of the agency’s intention to adopt, amend or repeal a rule.

      (5) No rule adopted after September 13, 1975, is valid unless adopted in substantial compliance with the rules adopted pursuant to subsection (4) of this section. [1975 c.759 §6 (enacted in lieu of 183.340); 1979 c.593 §12; 1997 c.837 §1; 1999 c.849 §§24,25; 2003 c.75 §28]

 

      183.350 [1957 c.717 §3 (1), (2); repealed by 1971 c.734 §21]

Notes of Decisions
Cited in 16 cases (1 in the last 5 years), 1976–2023 · leading case: Anderson v. Bd. of Parole, 740 P.2d 760 (Or. 1987).
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Anderson v. Bd. of Parole, 740 P.2d 760 (Or. 1987). · cites it 6× “ORS 183.341 [5] requires the Attorney General to prepare model rules of procedure "appropriate for use by as many agencies as possible.”
United Parcel Serv., Inc. v. Oregon Transp. Comm'n, 555 P.2d 778 (Or. Ct. App. 1976). · cites it 3× “*150 ORS 183.341 became effective prior to adoption of Rule No.”
Friends of the Columbia Gorge v. Energy Facility Siting Council, 446 P.3d 53 (Or. 2019). “Subsection (1) requires an agency to notify certain people before adopting, amending, or repealing any rules: "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…”
Bianco v. Driver & Motor Veh. Servs. Div., 307 P.3d 470 (Or. Ct. App. 2013). · cites it 2× “See ORS 183.341 (concerning establishment of model rules of procedure for hearings); ORS 183.”
Watson v. Oregon State Penitentiary, 750 P.2d 1188 (Or. Ct. App. 1988). “335, which provides, in relevant part: “(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…”
Friends of Oregon v. LCDC (Clatsop Co.), 724 P.2d 805 (Or. 1986). “LCDC has adopted rules on reconsideration of its own acknowledgment-related orders, OAR 660-03-032, in the context of acknowledgment requests pursuant to a continuance order, and in the Attorney General's Model Rules of Administrative Procedure at XXX-XX-XXX (adopted by LCDC in…”
Reforestation Gen. Contractors, Inc. v. Filings of the Nat'l Council on Comp. Ins., 872 P.2d 423 (Or. Ct. App. 1994). “7 The rule applies to a premium audit appeal, pursuant to OAR 836-05-107: “Pursuant to the provisions of ORS 183.341, the Insurance Division adopts in its entirety the Attorney General’s Model Rules of Procedure under the Administrative Procedures Act as published in the Oregon…”
McGee Plumbing, Inc. v. Bldg. Codes Div., 188 P.3d 420 (Or. Ct. App. 2008). “One of those rules, OAR 137-003-0615, regulates official notice and implements ORS 183.341(4). OAR 137-003-0615(4)(b) allows a party the opportunity to “present written or non-written rebuttal evidence” after agency notice of official notice.”
El Rio Nilo, LLC v. Oregon Liquor Control Comm'n, 246 P.3d 508 (Or. Ct. App. 2011). “” 2 OAR 137-003-0528(l)(a) is part of the Attorney General’s Model Rules of Procedure authorized under ORS 183.341 and adopted by the commission pursuant to OAR 845-001-0007.”
El Rio Nilo, LLC v. Olcc, 246 P.3d 508 (Or. Ct. App. 2011). “" [2] OAR XXX-XXX-XXXX(1)(a) is part of the Attorney General's Model Rules of Procedure authorized under ORS 183.341 and adopted by the commission pursuant to OAR XXX-XXX-XXXX.”
Weyerhaeuser Co. v. Miller, 760 P.2d 1317 (Or. 1988). “Agencies generally may make rules for the conduct of their own procedures even without explicit statutory authorization, see ORS 183.341 and 1 Cooper, State Administrative Law 176 (1965), and there is explicit authority here.”
N.W. Nat. Gas Co. v. Environ. Quality Comm. (Or. Ct. App. 2023). · cites it 3× “335 (setting forth requirements for rulemaking using the word “shall” but noting “a rule is not valid unless adopted in substantial compliance with the provisions of this section”); ORS 183.”
Show all 16 citing cases →
— Or. Rev. Stat. § 183.341(2) — 2 cases
Anderson v. Bd. of Parole, 740 P.2d 760 (Or. 1987). “ORS 183.341 [5] requires the Attorney General to prepare model rules of procedure "appropriate for use by as many agencies as possible.”
McClure v. Prison Indus. Bd., 941 P.2d 1023 (Or. Ct. App. 1997).
— Or. Rev. Stat. § 183.341(4) — 5 cases
Friends of the Columbia Gorge v. Energy Facility Siting Council, 446 P.3d 53 (Or. 2019). “Subsection (1) requires an agency to notify certain people before adopting, amending, or repealing any rules: "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…”
United Parcel Serv., Inc. v. Oregon Transp. Comm'n, 555 P.2d 778 (Or. Ct. App. 1976). “*150 ORS 183.341 became effective prior to adoption of Rule No.”
Watson v. Oregon State Penitentiary, 750 P.2d 1188 (Or. Ct. App. 1988). “335, which provides, in relevant part: “(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…”
McGee Plumbing, Inc. v. Bldg. Codes Div., 188 P.3d 420 (Or. Ct. App. 2008). “One of those rules, OAR 137-003-0615, regulates official notice and implements ORS 183.341(4). OAR 137-003-0615(4)(b) allows a party the opportunity to “present written or non-written rebuttal evidence” after agency notice of official notice.”
McClure v. Prison Indus. Bd., 941 P.2d 1023 (Or. Ct. App. 1997).
— Or. Rev. Stat. § 183.341(5) — 2 cases
N.W. Nat. Gas Co. v. Environ. Quality Comm. (Or. Ct. App. 2023). “335 (setting forth requirements for rulemaking using the word “shall” but noting “a rule is not valid unless adopted in substantial compliance with the provisions of this section”); ORS 183.”
McClure v. Prison Indus. Bd., 941 P.2d 1023 (Or. Ct. App. 1997).
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