OAR 660-030-0075: Review of Amendments to Agency Rules and Programs

(1) The purpose of this rule is to assure that new agency rules and programs or amendments to existing land use programs of certified state agencies comply with the requirements of ORS 197.180 and OAR chapter 660, division 30. This rule shall not apply to the adoption of temporary agency rules or programs. (2) A notice from a certified agency shall provide information sufficient to demonstrate that the proposed new or amended rule or program is one of the following: (a) Is not an agency land use program; or (b) Is an agency land use program and is covered under the agency’s procedures pursuant to OAR 660-030-0060(4)(d) for assuring goal compliance and comprehensive plan compatibility for new or amended agency land use program; or (c) Is an agency land use program but is not covered under the agency’s procedures under OAR 660-030-0060(4)(d). An agency’s notice must explain how the agency shall assure goal compliance and comprehensive plan compatibility for the proposed new or amended land use program. (3) Department review in response to a notice from a certified agency under section (2) of this rule shall be as follows: (a) The agency shall submit to the Department, pursuant to agency rule-making under ORS 183 or other applicable adoption procedures, a written notice of the agency’s pending action. Such notice shall be received by the department not less than 45 days before the agency’s action is to occur and shall: (A) Identify the specific date, time and location of anticipated agency action; (B) Describe the manner in which written and oral comment on the proposed action can be submitted to the agency; (C) Provide a copy or a description of the proposed new or amended rule or program; and (D) Describe how the proposed action addresses subsection (2)(a), (b), or (c) of this rule, as appropriate. (b) Upon receipt of a notice from an agency as described under subsection (3)(a) of this rule, the Department shall review the proposed action. In accordance with paragraph (3)(a)(A) of this rule, the Department in writing may provide comments to the agency that the proposed action either: (A) Satisfies subsection (2)(a), (b), or (c) of this rule; or (B) Does not satisfy subsection (2)(a), (b), or (c) of this rule until more information is provided by the agency or until the proposed rule or program adequately incorporates the Department’s suggested revision or modification. (4) An agency proposing to adopt a new or amended rule or program under this rule shall provide written notice of the same type given to the Department under subsection (3)(a) of this rule to the following: (a) Persons who in writing to the agency request notice about proposed rule or program actions pursuant to this rule; and (b) Local governments who rely upon the certified agency’s rule or program for compliance under OAR 660-030-0085 and are affected by the proposed action. (5) Except as provided in section (6) of this rule, any agency which does not receive any comment from the Director under paragraph (3)(b)(B) of this rule prior to taking its action, may deem that the Department finds the new or amended rule or program to have satisfied ORS 197.180 and OAR chapter 660, division 30. Such adopted new or amended rules or programs need not be submitted for certification review. (6) If an agency adopts a new or amended rule or program without supplying the information including any suggested modifications identified pursuant to paragraph (3)(b)(B) of this rule, the Department may require that the amended rule or program be submitted for certification review in the same manner as provided in OAR 660-030-0045 through 660-030-0055.