Oregon Administrative Code

166-500-0020 Oregon Administrative Rule (OAR) Filing Requirements (1) Agencies must use OARD to submit permanent and temporary filings (ORS 183.355), statutory minor correction filings (ORS 183.335(7)), and notices of proposed rulemaking filings (ORS 183.335(1) & (2)). (2) Agenci…

166-500-0030 Notice of Proposed Rulemaking Filing Requirements (1) Notice of proposed rulemaking filings, in addition to the requirements outlined in ORS 183.335, must include the following components: (a) Caption; (b) Rule number and title; (c) Proposed rule text, which must com…

166-500-0040 Permanent Filing Requirements (1) Permanent filings, in addition to the requirements outlined in ORS 183.355, must include the following components: (a) Agency approved date; (b) Effective date; (c) Caption; (d) Rule number and title; (e) Final rule text which must c…

166-500-0047 Statutory Minor Correction (SMC) Filing Requirements (1) SMC filings, in addition to the requirements outlined in ORS 183.335(7), must include the following components: (a) Caption; (b) Rule number and title; (c) Final rule text, which must comply with OAR 166-500-00…

166-500-0050 Temporary Filing Requirements (1) Temporary filing, in addition to the requirements outlined in ORS 183.335(5) and (6), must include the following components: (a) Caption; (b) Agency approved date; (c) Effective date; (d) Through date; (e) Rule number and title; (f) …

166-500-0055 OAR Formatting Requirements The unit will return rule filings that do not comply with the following requirements to the agency for correction prior to publication. Rule text must be formatted as follows. (1) Rule numbers must be in the XXX-XXX-XXXX format. (2) Rule t…

166-500-0060 Attachments to Rule Attachments for notice of proposed rulemaking, permanent, statutory minor correction and temporary filings, must meet the following guidelines: (1) Attachments include items such as charts, drawings, forms, graphs, maps, seals, tables, and other n…

166-500-0070 Deadline Day and the Oregon Bulletin Schedule (1) Deadline day is the last day to submit filings for possible inclusion in the next monthly Oregon Bulletin. (2) To be included in the upcoming month’s bulletin, all filings must: (a) Be submitted by 11:59 p.m. on the l…

166-500-0080 Rules Coordinator and Delegation of Rulemaking Authority Form (1) Agencies as defined in ORS 183.310(1) that promulgate administrative rules must appoint at least one rules coordinator per administrative rule chapter that performs the duties listed in ORS 183.330(2).…

167-001-0005 Model Rules of Procedure Pursuant to ORS 183.341, the Secretary of State adopts for use by its Business Services Division the Attorney General's Model Rules of Procedure as amended and effective on January 1, 2010. [ED. NOTE: The full text of the Attorney General’s M…

167-001-0007 Application of Rules These OAR chapter 167, division 001 rules apply to public contracts of the Secretary of State first advertised, but if not advertised then entered into, on or after March 1, 2014. Statutory/Other Authority: ORS 279A.065 & 279A.070 Statutes/Other …

167-001-0010 Notice of Proposed Rulemaking Prior to the adoption, amendment or repeal of any permanent rule, the Secretary of State, Business Services Division, shall give notice of the intended action: (1) In the Secretary of State's Bulletin referred to in ORS 183.360(3) at lea…

167-001-0020 Purpose The Divisions of the Oregon Secretary of State (Secretary) occasionally require the services of an outside party to accomplish all or part of a project. The Secretary intends that the Attorney General's Model Public Contracting Rules, Chapter 137, will govern…

167-001-0030 Basic Policy The Secretary will contract for services when the specialized skills, knowledge or resources are not available within the Secretary of State's office; when the work cannot be done in a reasonable time with the Secretary's own work force; when it will be …

167-001-0081 Reinstatement of Expired Contracts The Secretary of State, Business Services Division Chief Procurement Officer may approve reinstatement of an expired Contract if the following conditions are met: (1) Failure to renew or extend the Contract would prevent the Secreta…

167-001-0300 Electronic Public Notice The Secretary may publish the advertisement (notice) for Offers on the Department of Administrative Services ORPIN Electronic Procurement System, or subsequent system, instead of publishing notice in a newspaper of general circulation as requ…

167-001-0310 Pre-Closing Withdrawal of Offers Notwithstanding OAR 137-047-0440(2)(a) and prior to Closing, Offeror may modify or withdraw its Offer via OregonBuys, or subsequent system, using the system functionality. Statutory/Other Authority: Oregon Constitution, Article VI, Se…

167-001-0360 Purchases Through Federal Programs (1) The Secretary may purchase supplies and services under the Federal Programs identified in ORS 279A.180, without competitive sealed bidding, competitive sealed proposals or other competition required under ORS 279B.050 to 279B.08…

167-001-0600 Policy (1) These rules supplement and do not replace ORS 244.010 through ORS 244.400, for the purpose of applying the policy of ORS 244.010 to Oregon Secretary of State (Secretary) public contracting under the Public Contracting Code and related rules. The Secretary'…

167-001-0605 Selection and Award of Public Contracts (1) Secretary officers, employees or agents involved in the process of the selection and award of public contracts must carefully review the provisions of ORS 244.040. (2) Secretary officers, employees and agents are prohibited…

167-001-0620 Specifications Secretary staff and providers may not develop specifications that primarily benefit only one provider, directly or indirectly. Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070 Statutes/Other Implemented: ORS 279A.065(5)(a), 279A.070 & 279A.140 …

167-001-0625 Sole-Source The Secretary may not select a sole-source procurement pursuant to ORS 279B.075 to avoid a competitive procurement if the purpose of the selection is to primarily benefit the provider, directly or indirectly, to the detriment of the Secretary or the best …

167-001-0630 Fragmentation A procurement may not be artificially divided or fragmented so as to constitute a small procurement, pursuant to ORS 279B.065, or an intermediate procurement, pursuant to 279B.070, in order to avoid competition. Statutory/Other Authority: ORS 279A.065(5…

167-001-0635 Agency and Provider Communications (1) Secretary staff are encouraged to freely conduct market research in support of a procurement. This research includes but is not limited to: meetings, industry presentations, and demonstrations with any providers that may be able…

167-050-0100 Statement of Purpose Purpose. These rules control the Secretary of State’s acquisition of information about a subject individual’s criminal history through criminal records checks and its use of that information to determine whether the subject individual is fit to p…

167-050-0110 Definitions As used in OAR chapter 167, division 050, unless the context of the rule requires otherwise, the following definitions apply: (1) "Approved" means that a criminal records check and any required fitness determination has been completed on a subject individ…

167-050-0120 Subject Individuals “Subject Individual” means a person who is required to complete a criminal records check pursuant to these rules and from whom the Secretary of State may require fingerprints for the purpose of conducting a criminal history check because the perso…

167-050-0130 Criminal Records Check Process (1) Disclosure of Information by Subject Individual. (a) Preliminary to a criminal records check, the Secretary of State may require a subject individual to complete and sign the Secretary of State’s Criminal Records Request form and, i…

167-050-0140 Potentially Disqualifying Crimes (1) Crimes Relevant to a Fitness Determination. (a) All felonies; (b) All Class A misdemeanors; (c) Any United States Military or international crime that is equivalent to any crime listed in this section; (d) Any crime of attempt, so…

167-050-0150 Preliminary Fitness Determination (1) The Secretary of State may conduct a preliminary fitness determination if the Secretary of State is interested in hiring or appointing a subject individual on a preliminary basis, pending a final fitness determination. (2) If the…

167-050-0160 Hiring or Appointing on a Preliminary Basis (1) The Secretary of State may hire or appoint a subject individual on a preliminary basis if the Secretary of State has approved the subject individual on the basis of a preliminary fitness determination under OAR 167-050-…

167-050-0170 Final Fitness Determination (1) If the Secretary of State elects to conduct a criminal records check, the Secretary of State shall make a fitness determination about a subject individual based on information provided by the subject individual under OAR 167-050-0130, …

167-050-0180 Incomplete Fitness Determination (1) The Secretary of State will close a preliminary or final fitness determination as incomplete when: (a) Circumstances change so that a person no longer meets the definition of a subject individual; (b) The subject individual does n…

167-050-0190 Appealing a Fitness Determination (1) Model Rules of Procedure. In addition to the Model Rules of Procedure adopted by the Attorney General, OAR 137-003-0001 through 137-003-0092, the procedures set forth in this rule shall apply. (2) Process. (a) A subject individua…

167-050-0200 Representation at Hearing (1) Secretary of State Representation. Subject to the approval of the Attorney General, an officer or employee of the Secretary of State is authorized to appear on behalf of the Secretary of State in contested case hearings involving crimina…

167-050-0210 Recordkeeping and Confidentiality (1)(a) Records the Secretary of State receives from the Oregon Department of State Police resulting from a criminal records check, including, but not limited to, LEDS reports and state or federal criminal offender information origina…

167-050-0220 Fees (1) The Secretary of State may charge a fee for acquiring criminal offender information for use in making a fitness determination. In any particular instance, the fee shall not exceed the fee(s) charged the Secretary of State by the Oregon Department of State Po…

167-055-0100 Recruitment Process (1) Applicants for a vacant and available position must complete and submit a Secretary of State application form within the designated time period. All documents requested as a part of the application must be attached and submitted with the compl…

167-060-0100 Policy on Public Records It is the policy of the Secretary of State that public records will be available to all persons, consistent with all laws governing the disclosure of such records and consistent with the need to protect such records, to prevent interference w…

167-060-0110 Requests for Disclosure (1) Any person may apply for release of public record information. (2) The request must be in writing, addressed to the Business Services Division Director, 255 Capitol Street NE, Salem, OR 97310 or faxed to (503) 378-4991, and must specify th…

167-060-0120 Costs for Complying with Request (1)(a) The Secretary of State may charge a fee reasonably calculated to reimburse its costs of providing and conveying copies of public records. The agency shall charge 25¢ per page for the first 20 pages and 15¢ per page thereafter t…

167-060-0130 Financial Transparency Policy (1) It is the policy of the Secretary of State to maintain full and timely transparency for all spending to ensure accountability and restore public trust in state government. (2) The Secretary of State’s office shall post financial tran…

170-001-0000 Notice of Proposed Rulemaking and Model Rules of Procedure (1) Except when adopting a temporary rule, the State Treasurer will provide public notice of the proposed adoption, amendment, or repeal of any rule by: (a) Publishing notice of the proposed rulemaking action…

170-001-0005 Contested Case Hearings Model Rules of Procedure (1) The Treasurer adopts by reference the Attorney General’s Model Rules of Procedure for Contested Case Hearings in OAR 137-003-0501 to 137-003-0700 in relation to claims made under ORS 98.302 to 98.436, 98.992 or 116…

170-001-0020 Confidentiality and Inadmissibility of Mediation Communications (1) The words and phrases used in this rule have the same meaning as given to them in ORS 36.110 and 36.234. (2) Nothing in this rule affects any confidentiality created by other law. Nothing in this rul…

170-002-0000 Fees for Public Records (1) The Oregon State Treasury may charge a fee reasonably calculated to reimburse the Oregon State Treasury for the costs of locating, compiling, editing, redacting, or otherwise processing information and records in response to a request for …

170-002-0002 Procedure to Request Public Records (1) Any person may request to inspect or receive copies of public records prepared, owned, used, or retained by the State Treasurer, Oregon Investment Council, 529 Savings Network, Oregon Retirement Savings Board, or other public b…