ORS 536.045: Sending or receipt of documents in electronic form; rules; fees; cost of publication.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) Notwithstanding any provision of ORS chapters 536 to 540, 543 or 543A that requires the mailing of a document, the submission of a document in written form or the provision of a certified copy of a document, the Water Resources Commission may adopt rules: (a) Allowing the submission of one or more types of document to the commission or the Water Resources Department by electronic means in lieu of submission by mailing or submission in written form; (b) Allowing the department or commission to send one or more types of document in electronic form in lieu of mailing or other sending of the document in written form, unless the recipient has requested mailing or other sending of the document in written form; or (c) Identifying acceptable means for verifying the authenticity of a document sent by electronic means in lieu of the provision of a certified copy of the document. (2) Notwithstanding subsection (1) of this section, the department or commission may not use electronic means in lieu of service under ORCP 7 or notice under ORS 183.413 or 183.415. (3) For purposes of determining timeliness or calculating deadlines, a document sent by electronic means in accordance with law or commission rules is considered to be delivered when sent. (4) Notwithstanding any provision of ORS chapters 536 to 540, 543 or 543A that specifies a fee amount, the department may reduce or waive the fee for a document that the department sends or receives by electronic means. (5) To satisfy a requirement to provide public notice, the department may publish notice in a newspaper of general circulation. The cost of the publication shall be paid by the applicant in advance to the department. [2011 c.51 §1; 2025 c.282 §2] 536.045. (1) Notwithstanding any provision of ORS chapters 536 to 540, 543 or 543A that requires the mailing of a document, the submission of a document in written form or the provision of a certified copy of a document, the Water Resources Department may adopt rules: (a) Allowing the submission of one or more types of document to the department by electronic means in lieu of submission by mailing or submission in written form; (b) Allowing the department, with the consent of the recipient, to send one or more types of document in electronic form in lieu of mailing or other sending of the document in written form; or (c) Identifying acceptable means for verifying the authenticity of a document sent by electronic means in lieu of the provision of a certified copy of the document. (2) The department may not adopt rules to require the submission of documents to the department by electronic means. The department may not require a recipient to consent to the receipt of documents from the department by electronic means. The department may not use electronic means in lieu of service under ORCP 7 or notice under ORS 183.413 or 183.415. (3) For purposes of determining timeliness or calculating deadlines, a document sent by electronic means in accordance with department rules is considered to be delivered when sent. (4) Notwithstanding any provision of ORS chapters 536 to 540, 543 or 543A that specifies a fee amount, the department may reduce or waive the fee for a document that the department sends or receives by electronic means.
Official history and status
History: Note: The amendments to 536.045 by section 2, chapter 282, Oregon Laws 2025, become operative April 1, 2026, and apply to applications and petitions submitted on or after April 1, 2026. See section 30, chapter 282, Oregon Laws 2025, as amended by section 21b, chapter 575, Oregon Laws 2025, and see section 48, chapter 282, Oregon Laws 2025, as amended by section 21c, chapter 575, Oregon Laws 2025. The text that is operative until April 1, 2026, is set forth for the user’s convenience.
Administrative rules citing this section
- OAR 690-002-0025: Time for Filing Protests for Protests Not Governed by OAR 690-002-0005(2) — implements
- OAR 690-002-0175: Exceptions to Proposed Orders of the Administrative Law Judge — implements
- OAR 690-002-0190: Exceptions to Final Orders of the Director — implements
- OAR 690-018-0050: Processing a Conservation Application and Approval of a Conservation Project — implements
- OAR 690-077-0020: State Agency Instream Water Right Applications: Application Requirements — implements
- OAR 690-077-0029: Application Processing: Initial Review — implements
- OAR 690-077-0031: Application Processing: Public Notice and Comments — implements
- OAR 690-077-0039: Application Processing: Proposed Final Order — implements
- OAR 690-310-0080: Initial Review — implements
- OAR 690-310-0090: Public Notice and Comments — implements
- OAR 690-310-0100: Completion of Application Review; Additional Information and Proposed Final Order — implements
- OAR 690-325-0070: Initial Review and Issuance of Draft Documents — implements
- OAR 690-325-0090: Proposed Final Order; Public Notice — implements
- OAR 690-340-0060: Expedited Review Process for Applications to Use Stored Water Exclusively — implements
- OAR 690-380-2240: Layered Water Rights and Certificates of Registration — implements
- OAR 690-380-2260: Exchanges of Water — implements
- OAR 690-380-3000: Application for Transfer — implements
- OAR 690-380-4000: Initial Review — implements
- OAR 690-380-4005: Request for Comments — implements
- OAR 690-382-0400: Application for Modification of Certificate of Registration — implements
- OAR 690-382-0550: Completeness Review and Initial Review — implements
- OAR 690-382-0600: Request for Comments — implements
- OAR 690-382-0800: Notice of Proposed Final Order — implements
This rule cites
- ORCP 7 — resolved
- ORS 183.413 — resolved
- 183.415 — resolved
Cited by
No inbound citations found.
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors536.html