Administrative Procedure Act – Oregon

The Oregon Administrative Procedure Act is found in Title 18, Chapter 183 of Oregon Revised Statutes.  According to ORS § 183.325, an agency may delegate its rulemaking authority to an officer or employee within the agency.  A delegation of authority should be made in writing and should be filed with the Secretary of State.  As per ORS § 183.330, every agency should publish a description of its organization so that the public may obtain information or make submissions or requests.  Further, every agency that adopts rules should appoint a rules coordinator and file a copy of that appointment with the Secretary of State.

ORS § 183.332 states that agencies should consider local conditions of Oregon while adopting policies and rules.  When there are federal laws and regulations that apply to activities regulated by the state, agencies should adopt rules that correspond with equivalent federal laws and rules.  According to ORS § 183.333, for public participation in the development of public policy, the agency may appoint an advisory committee that will represent the interests of persons likely to be affected by the rule.

ORS § 183.335 states that prior to adoption, amendment or repeal of any rule an agency should give notice of its intended action.  Notice should include a caption that reasonably identifies the subject matter of the agency’s intended action and a statement summarizing the subject matter and purpose of the intended action.  When providing notice of an intended action the agency should provide a copy of the rule that the agency proposes to adopt, amend or repeal.  When an agency proposes to adopt, amend or repeal a rule, it should give interested persons reasonable opportunity to submit data or views.  An agency can adopt a temporary rule and such rule adopted by an agency is effective for a period of not longer than 180 days.  An agency may also temporarily suspend a rule and rule that is temporarily suspended regain effectiveness on expiration of the temporary period of suspension.

According to ORS § 183.341, the Attorney General may prepare a model rules of procedure appropriate for use by as many agencies as possible.  Any agency may adopt all or part of the model rules, by filing notice of adoption with the Secretary of State, without complying with the rulemaking procedures.

ORS § 183.355 provides that each agency should file in the office of the Secretary of State a certified copy of each rule adopted by it.  Each rule will be effective on filing the copy in the office of the Secretary of State.  Also, when a rule is amended or repealed by an agency, the agency should file a certified copy of the amendment or notice of repeal with the Secretary of State.  Further, a certified copy of each executive order issued, prescribed or promulgated by the Governor should be filed in the office of the Secretary of State.

According to ORS § 183.360, the Secretary of State should compile, index and publish all rules adopted by each agency.  The Secretary of State has discretion not to compile rules, if the publication of the rules is cumbersome or expensive.  Further, the Secretary of State may prescribe requirements for the manner and form for filing of rules adopted or amended by agencies.  Also, the courts should take judicial notice of rules and executive orders filed with the Secretary of State.

According to ORS § 183.390, an interested person may petition an agency requesting the promulgation, amendment or repeal of a rule.  The Attorney General may prescribe by rule the form for such petitions and the procedure for their submission, consideration and disposition.

Within ninety days from the date of submission of a petition, the agency may either deny the petition in writing or initiate rulemaking proceedings.  If the agency initiate rule making proceedings, the agency should invite public comment upon the rule.  As per ORS § 183.400, a person can petition to the Court of Appeals for determining the validity of any rule.  The validity of rule is determined in the manner provided for review of orders in contested cases.  According to ORS § 183.405, within five years after adopting a rule, an agency should review the rule.

ORS § 183.411 provides that an agency may delegate authority to enter a final order in a proceeding to an officer or employee of the agency.  According to ORS § 183.413, before commencement of a contested case hearing before any agency, the agency should serve a written notice to each party to the hearing.  The failure of an agency to give notice does not invalidate any determination or order of the agency.

As per ORS § 183.417, in a contested case proceeding, the parties may elect to be represented by counsel and to present evidence and argument before the presiding officer.  At the commencement of a contested case hearing, the officer presiding at the hearing should explain the issues involved in the hearing and the matters that the parties may either prove or disprove.  The officer presiding at the hearing should ensure that the record developed at the hearing shows a full and fair inquiry into the facts.  As per ORS § 183.440, in a contested case, an agency may issue subpoenas on its own motion or upon the request of a party.  ORS § 183.450 provides that in a contested case, irrelevant, immaterial or unduly repetitious evidence should be excluded.  Also, every party has the right of cross-examination of witnesses and has the right to submit rebuttal evidence.

According to ORS § 183.460, before an order is made by the officials of the agency, a proposed order should be served upon the parties.  The parties should also be given an opportunity to file exceptions and present argument to the officials.  ORS § 183.470 states that in a contested case every final order shall be in writing or stated in the record and may be accompanied by an opinion.

ORS § 183.480 provides that any person adversely affected or aggrieved by an order or any party to an agency proceeding is entitled to judicial review of a final order.  According to ORS § 183.482, jurisdiction for judicial review of contested cases is conferred upon the Court of Appeals.  Proceedings for review should be instituted within sixty days of order by filing a petition in the Court of Appeals.

According to ORS § 183.500, any party to the proceedings before the circuit court may appeal from the judgment of that court to the Court of Appeals.  As per ORS § 183.502 agencies may use alternative means of dispute resolution in rulemaking proceedings, contested case proceedings, judicial proceedings in which the agency is a party, and any other decision-making process in which conflicts may arise.


Inside Administrative Procedure Act – Oregon