183.390
Petitions requesting adoption of rules. (1) An interested person may petition an agency
requesting the promulgation, amendment or repeal of a rule. The Attorney
General shall prescribe by rule the form for such petitions and the procedure
for their submission, consideration and disposition. Not later than 90 days
after the date of submission of a petition, the agency either shall deny the
petition in writing or shall initiate rulemaking proceedings in accordance with
ORS 183.335.
(2) If a petition
requesting the amendment or repeal of a rule is submitted to an agency under
this section, the agency shall invite public comment upon the rule, and shall
specifically request public comment on whether options exist for achieving the
rule’s substantive goals in a way that reduces the negative economic impact on
businesses.
(3) In reviewing
a petition subject to subsection (2) of this section, the agency shall
consider:
(a) The continued
need for the rule;
(b) The nature of
complaints or comments received concerning the rule from the public;
(c) The
complexity of the rule;
(d) The extent to
which the rule overlaps, duplicates or conflicts with other state rules or
federal regulations and, to the extent feasible, with local government
regulations;
(e) The degree to
which technology, economic conditions or other factors have changed in the
subject area affected by the rule; and
(f) The statutory
citation or legal basis for the rule. [1957 c.717 §5; 1971 c.734 §8; 2003 c.749
§6]
Notes of Decisions
Ashland Drilling, Inc. v. Jackson Cnty., 4 P.3d 748 (Or. Ct. App. 2000).
· cites it 4× “If the water resources statements are "rules," ORS 183.390 would bar plaintiffs' prayer for the issuance of water resources statements under the Declaratory Judgment Act.”
Oregon Bus. Plan. Council v. Dep't of Land Conservation & Dev., 626 P.2d 350 (Or. 1981).
“310(7), such "rules” could be amended or repealed at any time, as provided by ORS 183.390, thereby defeating the need for stability, if not finality, which is one of the essential purposes of the entire legislative scheme for statewide land use planning.”
State v. Hudson House, Inc., 371 P.2d 675 (Or. 1962).
“209, the following rules and regulations relating to the size of the pans in which bread is baked, are hereby promulgated: ② ORS 183.390 authorizes any interested, person to petition an agency requesting the promulgation, amendment or repeal of any rule, a right which is not a…”
Hayes Oyster Co. v. Dept. of Agric. (Or. Ct. App. 2024).
· cites it 7× “484 for review of an order from the Oregon Department of Agriculture that denied Hayes’s petition for the promulgation of a rule, ORS 183.390, to implement a total maximum daily load established for the Tillamook Bay Watershed.”
— Or. Rev. Stat. § 183.390(1) — 1 case
Hayes Oyster Co. v. Dept. of Agric. (Or. Ct. App. 2024).
“484 for review of an order from the Oregon Department of Agriculture that denied Hayes’s petition for the promulgation of a rule, ORS 183.390, to implement a total maximum daily load established for the Tillamook Bay Watershed.”
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