Keep in mind that “rules” is a very broad term.
Editor's note: This is the third of a multi-part series on Administrative Law in Oregon
There are about 100 state agencies, and from time to time they publish notices of proposed rulemaking. Most rulemaking activity will have a hearing and a opportunity for public comment. The best way to stay on top of this is to go to the agency website and subscribe to their notifications.
Once you have the Notice of Proposed Rulemaking, it will have instructions on how to submit comments or how to testify. While the agencies are required to go through a process of making public their proposed rules and taking public input, they have no obligation to integrate any of the public's input or concerns.
Keep in mind that "rules" is a very broad term. An agency handbook, implementation of legislation passed by the legislature, or compliance information all can be considered rules and are subject to the process. For instance, the Oregon Department of Fish and Wildlife fishing and hunting manuals go through the same rulemaking process.
You can search the database of Oregon Administrative Rules
on the website of the Oregon Secretary of State to look up existing rules.
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There are more rules than laws. Let that sink in.
Editor's note: This is the second of a multi-part series on Administrative Law in Oregon
Oregon law defines "rule"
as "any agency directive, standard, regulation or statement of general applicability that implements, interprets or prescribes law or policy, or policy, or describes the procedure or practice requirements of any agency." Agencies may adopt, amend, repeal or renumber rules, permanently or temporarily (up to 180 days), using the procedures outlined in the Oregon Attorney General's Administrative Law Manual.
The Oregon Attorney General has developed models
for creation and amendment of Administrative Rules. Administrative rules are created for and by executive branch agencies.
Administrative Rules are created by most agencies and some boards and commissions to implement and interpret their statutory authority. Agencies may adopt, amend, repeal or renumber rules, permanently or temporarily(for up to 180 days).
Every OAR uses the same numbering sequence of a three-digit chapter number followed by a three-digit division number and a four-digit rule number. For example, Oregon Administrative Rules, chapter 166, division 500, rule 0020 is cited as OAR 166-500-0020.
Administrative rules are kept on a website
by the Archives Division of the Office of the Oregon Secretary of State
The Administrative Rules Unit in the Archives Division within the Secretary of State assist agencies with the notification, filing and publication requirements of the administrative rules process. Every Administrative Rule uses the same numbering sequence of a three-digit agency chapter number followed by a three-digit division number and ending with a four-digit rule number (000-000-0000).
|Post Date: 2021-07-30 12:13:23||Last Update: 2021-07-30 09:21:07|
“No man can be the judge in his own cause”
Editor's note: This is the first of a multi-part series on Administrative Law in Oregon
The concept of Administrative Hearings
goes all the way back to the 1600s when Dr. Thomas Bonham, an English Physician was ordered by the Royal College of Physicians to cease practicing medicine and when he refused, was imprisoned. He appealed, but his appeal was heard by the very same Royal College of Physicians who had imprisoned him in the first place.
Chief Justice of the Common Pleas Sir Edward Coke at that time decided that the College was too invested in the outcome, commenting "No man can be the judge in his own cause." The effect can be the same, when an agency makes a decision that impacts a citizen and then is the judge of its own case. How could any citizen win?
Because of this, the Office of Administrative Hearings
was created by HB 2525
in 1999 to provide an independent and impartial forum for citizens and businesses to dispute state agency actions. A Chief Administrative Law Judge is appointed by the governor and has independent statutory authority to manage the office. Fifty-nine professional administrative law judges hold more than 24,000 hearings a year for approximately 70 state agencies.
By statute, all administrative law judges are required to be “impartial in the performance of [their] duties and shall remain fair in all hearings.” Oregon is one of 22 states with an independent central panel of administrative law judges. The current Chief Administrative Law Judge is John Mann. There are several Administrative Law Regional Offices
around the state.
If you've had a decision that impacts you made by a state agency, such as the Employment Department, the Department of Revenue or any other agency, you can request a hearingg
. You can represent yourself
at an administrative hearing.
|Post Date: 2021-07-25 11:12:28||Last Update: 2021-07-25 12:11:25|