---

Administrative Rule Review

Review Process

Overview

Pursuant to ORS 183.710 to 183.725, the Office of the Legislative Counsel reviews state agency rules for legal sufficiency. In determining whether a rule is legally sufficient, attorneys in the office answer two questions:

1. Does the rule appear to be within the intent and scope of the enabling legislation?
2. Does the rule raise any constitutional issue other than described in Question 1?

If a Legislative Counsel attorney determines that a rule exceeds the intent and scope of the enabling legislation or otherwise raises a constitutional issue, the attorney will prepare a written report of the attorney's findings, called a negative rule determination, and will present the determination to the appropriate interim committee of the Legislative Assembly. The state agency that adopted the rule may elect to present the agency's position on the rule to the interim committee. If the interim committee agrees with the Legislative Counsel findings on the legal sufficiency of the rule, the committee will adopt the negative rule determination.

Interim Committee Assignment List

Each biennium, Legislative Counsel assigns a state agency to one or more interim committees of the Legislative Assembly. The assignments are based on the subject matter content considered by the interim committees and of the rules promulgated by the state agencies. Click here for a printable version (.pdf) of the list.

Detailed Description of Rule Review Process

1. A state agency submits an adopted rule to Legislative Counsel within 10 days after filing a certified copy with the Secretary of State. ORS 183.715 (1).
   
   
2. Legislative Counsel makes "written findings" determining whether the rule is within the intent and scope of the enabling legislation or raises constitutional issues. ORS 183.720 (3).
   
   Upon receipt of the Certificate and Order for Filing from a state agency, Legislative Counsel undertakes its review of the adopted rule. Only a small portion of the rules reviewed annually by Legislative Counsel result in a negative determination that a rule is not authorized by the enabling legislation or raises constitutional concerns. The vast majority of rules are found to be in compliance with these requirements.
   
   If there is a negative determination regarding an adopted rule, the agency is contacted for a response and the interim committee to which the agency has been assigned is notified. The interim committee administrator contacts the agency once the date and time for the meeting at which the interim committee will consider the negative determination has been scheduled. ORS 183.720; ORS 183.722.
   
   
3. The interim committee considers negative rule determinations of Legislative Counsel. Interim committees are responsible for reviewing rule determinations by Legislative Counsel that a rule is not authorized by the Oregon Constitution or by statute. The interim committee also considers the agency's response. ORS 183.722 (1)(b). In most cases, at the meeting of the interim committee to consider the proposed negative rule determination, a Legislative Counsel attorney will present the determination to the interim committee and an agency representative will have the opportunity to present the agency's position. The interim committee may request subsequent meetings with a representative from the agency, together with a representative from the Oregon Department of Administrative Services, to further explain the agency's position. ORS 183.722 (2).
   
   
4. Negative determinations are posted on the Legislative Counsel website. If the interim committee adopts the Legislative Counsel determination that a rule is not authorized by the enabling legislation or raises a constitutional concern, the determination is posted below, where it remains until the earliest of the following:
   
   
   1. The rule is modified and Legislative Counsel determines that the modified rule is within the intent and scope of the enabling legislation or is otherwise constitutional;
      
      
   2. The state agency notifies Legislative Counsel that a court has determined the rule is within the intent and scope of the enabling legislation or is otherwise constitutional, and all appeals are exhausted;
      
      
   3. The state agency notifies Legislative Counsel that the Legislative Assembly has modified the enabling legislation so as to authorize the rule; or
      
      
   4. The state agency notifies Legislative Counsel that any constitutional defect has been cured. ORS 183.722 (1)(b).

            Negative rule determinations that have been adopted by interim committees are listed below by administrative rule number.

Negative Rule Determinations

There are no negative rule determinations at this time.

---