183.360
Publication of rules and orders; exceptions; requirements; bulletin; judicial
notice; citation.
(1) The Secretary of State shall compile, index and publish all rules adopted
by each agency. The compilation shall be supplemented or revised as often as
necessary. Such compilation supersedes any other rules. The Secretary of State
may make such compilations of other material published in the bulletin as are
desirable. The Secretary of State may copyright the compilations prepared under
this subsection, and may establish policies for the revision, clarification,
classification, arrangement, indexing, printing, binding, publication, sale and
distribution of the compilations.
(2) The Secretary
of State has discretion to omit from the compilation, if published in print,
rules the publication of which would be unduly cumbersome or expensive if the
rule in printed or processed form is made available on application to the
adopting agency, and if the compilation contains a notice summarizing the
omitted rule and stating how a copy of the omitted rule may be obtained. In
preparing the compilation the Secretary of State may not alter the sense,
meaning, effect or substance of any rule, but may renumber sections and parts
of sections of the rules, change the wording of headnotes, rearrange sections,
change reference numbers to agree with renumbered chapters, sections or other
parts, substitute the proper subsection, section or chapter or other division
numbers, change capitalization for the purpose of uniformity, and correct
manifest clerical or typographical errors.
(3) The Secretary
of State shall publish at least at monthly intervals a bulletin that:
(a) Briefly
indicates the agencies that are proposing to adopt, amend or repeal a rule, the
subject matter of the rule and the name, address and telephone number of an
agency officer or employee from whom information and a copy of any proposed
rule may be obtained;
(b) Contains the
text or a brief description of all rules filed under ORS 183.355 since the last
bulletin indicating the effective date of the rule;
(c) Contains
executive orders of the Governor; and
(d) Contains
orders issued by the Director of the Department of Revenue under ORS 305.157
extending tax statutes of limitation.
(4) Courts shall
take judicial notice of rules and executive orders filed with the Secretary of
State.
(5) The
compilation required by subsection (1) of this section shall be titled Oregon
Administrative Rules and may be cited as “OAR” with appropriate numerical
indications.
(6) The Secretary
of State may publish the compilation and bulletin required by this section in
print, or by placing the compilation and bulletin on the Internet. [1957 c.717 §4
(1),(2),(3); 1961 c.464 §1; 1971 c.734 §7; 1973 c.612 §4; 1975 c.759 §7a; 1977
c.394 §2; 1979 c.593 §16; 1993 c.729 §13; 1995 c.79 §62; 2001 c.104 §63; 2003
c.168 §3; 2009 c.289 §2; 2017 c.518 §4]
183.362 [1993 c.729 §12; repealed by 2017
c.518 §9]
Notes of Decisions
Bassett v. State Fish & Wildlife Comm'n, 556 P.2d 1382 (Or. Ct. App. 1976).
· cites it 6× “335(1)(b), (2) and (9) provide: "(1) Prior to the adoption, amendment or repeal of any rule, the agency shall give notice of the proposed adoption, amendment or repeal: "* * * * * * "(b) In the bulletin referred to in ORS 183.360 at least 10 days prior to the effective date * *…”
Fulton Ins. Co. v. White Motor Corp., 493 P.2d 138 (Or. 1972).
· cites it 2× “ORS 183.360(4). The Public Utilities Commissioner has the authority to prescribe general rules governing carriers.”
Friends of the Columbia Gorge v. Energy Facility Siting Council, 446 P.3d 53 (Or. 2019).
“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…”
Watson v. Oregon State Penitentiary, 750 P.2d 1188 (Or. Ct. App. 1988).
“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 15 days prior to the effective date; and “(c) To persons who have requested notice pursuant to…”
Kemp v. Workers' Comp. Dep't, 677 P.2d 725 (Or. Ct. App. 1984).
“A more reasonable construction, however, is to construe the statute in conjunction with ORS 183.360(4) (“Courts shall take judicial notice of rules and executive orders filed with the Secretary of State”) and consider the effect of all rules brought to the attention of this…”
State v. Alexander, 487 P.2d 1151 (Or. Ct. App. 1971).
“① Since the foregoing rule was duly published by the Secretary of State (Oregon Administrative Rules, ch 855, § 80-005) as provided in ORS 183.360, we presume that ORS 183.020 relating to the filing of a duplicate original order in that office was duly complied with.”
Oregon Bus. Plan. Council v. Dep't of Land Conservation, & Dev., 619 P.2d 1291 (Or. Ct. App. 1980).
· cites it 2× “335(l)(b) requires an administrative agency to "give notice of its intended [rulemaking] action” in "the bulletin referred to in ORS 183.360.” ORS 183.360(3) provides in part: "The Secretary of State shall publish at least at monthly intervals a bulletin which: "(a) Briefly…”
N.W. Nat. Gas Co. v. Environ. Quality Comm. (Or. Ct. App. 2023).
· cites it 2× “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…”
PNW Metal Recycling, Inc. v. DEQ (Or. 2023).
“355, ORS 183.360, ORS 183.365; and a provision invoked in this case by which a per- son may challenge the validity of a rule by filing a petition with the Court of Appeals, ORS 183.”
PNW Metal Recycling, Inc. v. DEQ (Or. 2023).
“355, ORS 183.360, ORS 183.365; and a provision invoked in this case by which a per- son may challenge the validity of a rule by filing a petition with the Court of Appeals, ORS 183.”
McClure v. Prison Indus. Bd., 941 P.2d 1023 (Or. Ct. App. 1997).
· cites it 2× ““(b) In the bulletin referred to in ORS 183.360 at least 21 days prior to the effective date; and “(c) At least 28 days before the effective date, to persons who have requested notice pursuant to subsection (7) of this section.”
— Or. Rev. Stat. § 183.360(3) — 2 cases
Oregon Bus. Plan. Council v. Dep't of Land Conservation, & Dev., 619 P.2d 1291 (Or. Ct. App. 1980).
“335(l)(b) requires an administrative agency to "give notice of its intended [rulemaking] action” in "the bulletin referred to in ORS 183.360.” ORS 183.360(3) provides in part: "The Secretary of State shall publish at least at monthly intervals a bulletin which: "(a) Briefly…”
McClure v. Prison Indus. Bd., 941 P.2d 1023 (Or. Ct. App. 1997).
““(b) In the bulletin referred to in ORS 183.360 at least 21 days prior to the effective date; and “(c) At least 28 days before the effective date, to persons who have requested notice pursuant to subsection (7) of this section.”
— Or. Rev. Stat. § 183.360(3)(a) — 1 case
Bassett v. State Fish & Wildlife Comm'n, 556 P.2d 1382 (Or. Ct. App. 1976).
“335(1)(b), (2) and (9) provide: "(1) Prior to the adoption, amendment or repeal of any rule, the agency shall give notice of the proposed adoption, amendment or repeal: "* * * * * * "(b) In the bulletin referred to in ORS 183.360 at least 10 days prior to the effective date * *…”
— Or. Rev. Stat. § 183.360(4) — 2 cases
Kemp v. Workers' Comp. Dep't, 677 P.2d 725 (Or. Ct. App. 1984).
“A more reasonable construction, however, is to construe the statute in conjunction with ORS 183.360(4) (“Courts shall take judicial notice of rules and executive orders filed with the Secretary of State”) and consider the effect of all rules brought to the attention of this…”
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