Department of Justice
Chapter 137
Division 1
MODEL RULES FOR RULEMAKING
137-001-0070
Petition to Promulgate, Amend, or Repeal Rule
OAR 137-001-0070 was adopted by the Attorney General as required by ORS 183.390. Agencies must apply this rule without further adoption or amendment.
(1) An interested person may petition an agency to adopt, amend, or repeal a rule. The petition shall state the name and address of the petitioner and any other person known to the petitioner to be interested in the rule. The petition shall be legible, signed by or on behalf of the petitioner, and shall contain a detailed statement of:
(a) The rule petitioner requests the agency to adopt, amend, or repeal. When a new rule is proposed, the petition shall set forth the proposed language in full. When an amendment of an existing rule is proposed, the rule shall be set forth in the petition in full with matter proposed to be deleted and proposed additions shown by a method that clearly indicates proposed deletions and additions;
(b) Facts or arguments in sufficient detail to show the reasons for and effects of adoption, amendment, or repeal of the rule;
(c) All propositions of law to be asserted by petitioner.
(2) If the petitioner requests the amendment or repeal of an existing rule, the petition must also contain comments on:
(a) Options for achieving the existing rule's substantive goals while reducing the negative economic impact on businesses;
(b) The continued need for the existing rule;
(c) The complexity of the existing rule;
(d) The extent to which the existing rule overlaps, duplicates, or conflicts with other state or federal rules and with local government regulations; and
(e) The degree to which technology, economic conditions, or other factors have changed in the subject area affected by the existing rule, since the agency adopted the rule.
(3) If a petition requests the amendment or repeal of a rule, before denying a petition, the agency must invite public comment upon the rule, including whether options exist for achieving the rule's substantive goals in a way that reduces the negative economic impact on businesses.
(4) The agency:
(a) May provide a copy of the petition, together with a copy of the applicable rules of practice, to all persons named in the petition;
(b) May schedule oral presentations;
(c) Shall, in writing, within 90 days after receipt of the petition, either deny the petition or initiate rulemaking proceedings.
Statutory/Other Authority: ORS 183.390
Statutes/Other Implemented: ORS 183.390
History:
DOJ 10-2005, f. 10-31-05, cert. ef. 1-1-06
DOJ 13-2003, f. & cert. ef. 12-9-03
DOJ 12-2003(Temp), f. & cert. ef. 10-10-03 thru 4-7-04
JD 6-1995, f. 8-25-95, cert. ef. 9-9-95
JD 7-1991, f. & cert. ef. 11-4-91
JD 5-1989, f. 10-6-89, cert. ef. 10-15-89
JD 2-1986, f. & ef. 1-27-86
JD 6-1983, f. 9-23-83, ef. 9-26-83
1AG 1-1981, f. & ef. 11-17-81
1AG 14, f. & ef. 10-22-75