Oregon Administrative Code

128-010-0035 Opportunity Notice to Telecommunications Providers and Other Interested Parties (1) The Office will provide an Opportunity Notice to Telecommunications Providers and other interested parties that the Office seeks information to determine if any proposed Broadband ser…

128-010-0040 Review of the Telecommunications provider Offer (1) The Office will review all the offers submitted by the Telecommunications Providers to determine if the proposed Broadband services and operations are “already offered” by a Telecommunications Provider. (2) The prop…

128-010-0045 Community of Interest (1) Community of Interest. An entity may apply to the Office to be classified as a Community of Interest for purpose of these rules by submitting an application to the Office that includes the following items and required information: (a) Applic…

128-010-0050 Appeals A Telecommunications Provider or other interested party may appeal any determination made by the Office under these rules pursuant to the Administrative Procedures Act. Statutory/Other Authority: ORS 276A Statutes/Other Implemented: Or Laws 2018, ch 51 (HB 40…

128-020-0005 Purpose (1) The State Chief Information Officer has responsibility for and authority over executive department information systems security in accordance with ORS 276A.300, including responsibility for taking all measures that are reasonably necessary to protect the …

128-020-0010 Definitions For the purposes of these Chapter 20 rules, the following definitions apply: (1) "Artificial intelligence" means a machine-based system that is capable, for a given set of human-defined objectives, of making predictions, recommendations or decisions influ…

128-020-0015 Covered Vendor List (1) The State Chief Information Officer shall establish a list of covered vendors on its publicly accessible website, inclusive of information sufficient to identify covered products, and the date that each covered vendor was designated as a natio…

128-020-0020 Designation Criteria The State Chief Information Officer will consider one or more of the following criteria when determining if a corporate entity is a national security threat: (1) The corporate entity owns or otherwise provides a product or service that was develo…

128-020-0025 Designation Process (1) Enterprise Information Services shall adopt and implement a policy and procedure that establishes the schedule for review of corporate entities associated with hardware, software, and services against the criteria in OAR 128-020-0020, and unde…

128-020-0030 De-Designation Criteria The State Chief Information Officer will consider one or more of the designation criteria in OAR 128-020-0020 when de-designating or re-evaluating a corporate entity’s status as a national security threat. Statutory/Other Authority: ORS 276A.3…

128-020-0035 De-Designation Process (1) If review or other update received pursuant to the process and procedure established under OAR 128-020-0025, Designation Process, identifies that a corporate entity may no longer pose a national security threat, the State Chief Information …

128-030-0005 Purpose, Application, and Authority These rules are adopted under 2005 Oregon Laws Chapter 739. These rules set forth the policies for state government-wide information security. Statutory/Other Authority: ORS 182.122 & 291.038 Statutes/Other Implemented: ORS 182.122…

128-030-0010 Definitions (1) “Incident” means any material adverse event that impairs the confidentiality, integrity or availability of information resources. (2) “Information Resources” means all categories of automated or non-automated systems and data, including but not limite…

128-030-0020 State Information Security (1) Duties: (a) Department of Administrative Services (Department): The Department shall serve as the primary point of accountability and coordination for information security in state government except for elected offices as identified in …

128-040-0005 Enterprise Geographic Information System (GIS) Software Standard (1) Purpose. The purpose of this rule is to establish a common, enterprise GIS Software standard to promote the creation, use and exchange of inter-related and standards-based geographic data and geospa…

128-050-0005 Guidelines for Use of Electronic Signatures by State Agencies (1) The purpose of this rule is to implement the electronic signature provisions of the Uniform Electronic Signatures Act (UETA). The rule is not intended to apply to the other provisions of the act. (2) T…

137-001-0005 Definitions For the purposes of OAR 137-001-0005 to 137-005-0070, unless otherwise defined therein, the words and phrases used in these rules have the same meaning as given to them in ORS 183.310 and: (1) “Consensus” means a decision developed by a collaborative DR p…

137-001-0007 Public Input Prior to Rulemaking (1) The agency may seek public input before giving notice of intent to adopt, amend, or repeal a rule. Depending upon the type of rulemaking anticipated, the agency may appoint an advisory committee, solicit the views of persons on th…

137-001-0008 Assessment for Use of Collaborative Process in Rulemaking (1) The agency may, in its discretion, conduct an assessment to determine if collaborative rulemaking is appropriate and, if so, under what conditions. The agency may consider any relevant factors, including w…

137-001-0009 Use of Collaborative Dispute Resolution in Rulemaking (1) If, after consideration of the factors set out in OAR 137-001-0008, the agency establishes a collaborative rulemaking committee, the agency shall inform the committee regarding: (a) The membership of the rulem…

137-001-0011 Permanent Rulemaking Notice (1) The agency will give notice of proposed permanent rulemaking to those listed in the rule adopted under ORS 183.341(4) and to legislators specified by 183.335(15) by mailing, electronic mailing, or personally delivering a copy of the ru…

137-001-0018 Limitation of Economic Effect on Small Businesses (1) Before the adoption of a permanent rule, the agency will determine whether the economic effect upon small business is significantly adverse, based upon: (a) The economic effect analysis under ORS 183.335(2)(b)(E);…

137-001-0030 Conduct of Rulemaking Hearings (1) The hearing to consider a rule shall be conducted by and shall be under the control of the presiding officer. The presiding officer may be the chief administrative officer of the agency, a member of its governing body, or any other …

137-001-0040 Rulemaking Record (1) The agency shall maintain a record of any data or views it receives in response to a notice of intent to adopt, amend, or repeal a rule. (2) If a hearing is held, the agency may require the presiding officer, within a reasonable time after the h…

137-001-0050 Agency Rulemaking Action At the conclusion of the hearing, or after receipt of the presiding officer’s requested report and recommendation, if any, the agency may adopt, amend, or repeal rules covered by the notice of intended action. The agency shall fully consider …

137-001-0060 Secretary of State Rule Filing (1) The agency shall file in the office of the Secretary of State a certified copy of each adopted or amended rule and each order repealing an agency rule. (2) The rule or order shall be effective upon filing with the Secretary of State…

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 rep…

137-001-0080 Temporary Rulemaking Requirements (1) If no notice has been provided before adoption of a temporary rule, the agency shall give notice of its temporary rulemaking to persons, entities, and media specified under ORS 183.335(1) by mailing, electronic mailing, or person…

137-001-0087 Objections to Statements of Fiscal Impact (1) An objection to a fiscal impact statement must be filed in writing and must: (a) Identify the fiscal impact statement to which objection is made; (b) Identify the persons likely to be affected by the proposed rule on whos…

137-001-0095 Statement of the Objective of Proposed Rules (1) A request for a statement of the agency’s objective in proposing a rule must be submitted in writing and must identify the persons on whose behalf the request is made. (2) Within ten days of receiving a request or requ…

137-001-0100 Review of New Rules (1) When conducting a review of a new rule as required by ORS 183.405 the agency may appoint an advisory committee to assist with the review, invite public comment upon the rule, or both. (2) Notwithstanding ORS 183.405(4) & (5), the agency may re…

137-002-0010 Petition for Declaratory Ruling The petition to initiate proceedings for declaratory rulings shall contain: (1) The rule or statute that may apply to the person, property, or state of facts; (2) A detailed statement of the relevant facts; including sufficient facts t…

137-002-0020 Service of Declaratory Ruling Petition (1) The petition shall be deemed filed when received by the agency. (2) Within 60 days after the petition is filed the agency shall notify the petitioner in writing whether it will issue a ruling. If the agency decides to issue …

137-002-0025 Intervention in Declaratory Rulings (1) Any person or entity may petition the agency for permission to participate in the proceeding as a party. (2) The petition for intervention shall be in writing and shall contain: (a) The rule or statute that may apply to the per…

137-002-0030 Notice of Declaratory Ruling Hearing The notice of hearing for a declaratory ruling shall: (1) Be accompanied by a copy of the petition requesting the declaratory ruling and by a copy of any petition for intervention if copies of these petitions have not previously b…

137-002-0040 Declaratory Ruling Procedure (1) The proceeding shall be conducted by and shall be under the control of the presiding officer. The presiding officer may be the chief administrative officer of the agency, a member of its governing body or any other person designated b…

137-002-0050 Presiding Officer’s Proposed Declaratory Ruling (1) Except when the presiding officer is the decision maker, the presiding officer shall prepare a proposed declaratory ruling in accordance with OAR 137-002-0060 for consideration by the decision maker. (2) When a prop…

137-002-0060 Issuance of Declaratory Ruling (1) The agency shall issue its declaratory ruling within 60 days of the close of the record. (2) The ruling shall be in writing and shall include: (a) The facts upon which the ruling is based; (b) The statute or rule in issue; (c) The a…

137-003-0000 Applicability of Rules in OAR 137, Division 3 (1) An agency that does not use an administrative law judge assigned from the Office of Administrative Hearings to conduct contested case hearings for the agency may choose to adopt any or all of the Model Rules for Conte…

137-003-0001 Contested Case Notice (1) The agency's contested case notice issued pursuant to ORS 183.415 shall include: (a) A caption with the name of the agency and the name of the person or agency to whom the notice is issued; (b) A short and plain statement of the matters asse…

137-003-0002 Rights of Parties in Contested Cases (1) In addition to the information required to be given in writing under ORS 183.413(2) and 183.415(2) and (3), before commencement of a contested case hearing, the agency shall inform a party, if the party is an agency, corporati…

137-003-0003 Late Filing (1)(a) When a party requests a hearing after the time specified by the agency but before entry of a final order by default or, if a final order by default is entered, on or before 60 calendar days after entry of the order, the agency may accept the late r…

137-003-0005 Participation as Party or Limited Party (1) Persons who have an interest in the outcome of the agency’s contested case proceeding or who represent a public interest in such result may request to participate as parties or limited parties. (2) A person requesting to pa…

137-003-0007 Agency Participation as Interested Agency or Party (1) When an agency gives notice that it intends to hold a contested case hearing, it may also notify the parties that it intends to name any other agency that has an interest in the outcome of that proceeding as a pa…

137-003-0008 Authorized Representative in Designated Agencies (1) For purposes of this rule, the following words and phrases have the following meaning: (a) “Agency” means State Landscape Contractors Board, State Department of Energy and the Energy Facility Siting Council, Enviro…

137-003-0010 Emergency License Suspension, Refusal to Renew (1) If the agency finds there is a serious danger to the public health or safety, it may, by order, immediately suspend or refuse to renew a license. For purposes of this rule, such an order is referred to as an emergenc…

137-003-0015 Use of Collaborative Dispute Resolution in Contested Cases Hearing (1) When an agency issues a contested case notice, the agency and a party may agree to participate in a collaborative dispute resolution (DR) process to resolve any issues relevant to the notice. Neit…

137-003-0025 Discovery in Contested Cases Hearing (1) Discovery by the agency or any party may be permitted in appropriate contested cases at the discretion of the agency. Any party may petition the agency pursuant to the requirements in this rule for an order allowing discovery.…

137-003-0035 Prehearing Conferences (1) Prior to hearing, the agency may, in its discretion, conduct one or more prehearing conferences to facilitate the conduct and resolution of the case. The agency may convene the conference on its own initiative or at a party’s request. (2) T…

137-003-0036 Individually Identifiable Health Information (1) This rule is intended to facilitate the issuance of a Qualified Protective Order (QPO) by an administrative tribunal in a contested case proceeding. The process described in this rule may be used by an agency or party …