(1) Not later than five years after adopting a rule, an agency shall review the rule for the purpose of determining:

Terms Used In Oregon Statutes 183.405

  • Agency: means any state board, commission, department, or division thereof, or officer authorized by law to make rules or to issue orders, except those in the legislative and judicial branches. See Oregon Statutes 183.310
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Rule: means any agency directive, standard, regulation or statement of general applicability that implements, interprets or prescribes law or policy, or describes the procedure or practice requirements of any agency. See Oregon Statutes 183.310
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Small business: means a corporation, partnership, sole proprietorship or other legal entity formed for the purpose of making a profit, which is independently owned and operated from all other businesses and which has 50 or fewer employees. See Oregon Statutes 183.310

(a) Whether the rule has had the intended effect;

(b) Whether the anticipated fiscal impact of the rule was underestimated or overestimated;

(c) Whether subsequent changes in the law require that the rule be repealed or amended;

(d) Whether there is continued need for the rule; and

(e) What impacts the rule has on small businesses.

(2) Upon request of an agency, the Small Business Rules Advisory Committee established in ORS § 183.407 may agree to complete the review and reporting required by this section for the agency.

(3) An agency or the Small Business Rules Advisory Committee shall utilize available information in complying with the requirements of subsection (1) of this section.

(4) An agency or the Small Business Rules Advisory Committee shall provide a report on each review of a rule conducted under this section:

(a) To the Secretary of State;

(b) To the Small Business Rules Advisory Committee, unless the committee completed the review under subsection (2) of this section; and

(c) If the agency appointed an advisory committee pursuant to ORS § 183.333 for consideration of a rule subject to the requirements of this section, to the advisory committee.

(5) The provisions of this section do not apply to the amendment or repeal of a rule.

(6) The provisions of this section do not apply to:

(a) Rules adopted to implement court orders or the settlement of civil proceedings;

(b) Rules that adopt federal laws or rules by reference;

(c) Rules adopted to implement legislatively approved fee changes; or

(d) Rules adopted to correct errors or omissions.

(7) The Secretary of State shall compile the reports submitted under this section during each calendar year and submit an annual report to the Legislative Assembly in the manner required by ORS § 192.245 no later than February 1 of the following year. [2005 c.807 § 3; 2017 c.518 § 6; 2018 c.20 § 4]

 

183.405 was added to and made a part of 183.325 to 183.410 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

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