Or. Admin. R. 860-001-0210

Current through Register Vol. 63, No. 8, August 1, 2024

Section 860-001-0210 - Permanent Rulemaking Notice

(1) The Commission will give notice of a proposed permanent rulemaking by:

(a) Publishing notice of the rulemaking in the Secretary of State's Oregon Bulletin; and

(b) Mailing, electronically mailing, or personally delivering a copy of the proposed rule and a copy of the Secretary of State notice to persons on the Commission's applicable rulemaking notification lists and legislators specified in ORS 183.335(15). Instead of providing a copy of the proposed rule, the Commission may provide a summary of the rule and explain how to obtain a copy by mail, electronic mail, or from a specified website.

(2) The notice of proposed permanent rulemaking must include:

(a) A statement summarizing the subject matter, purpose, and need for the proposed rule;

(b) The last date for comment on the proposed rule;

(c) The date of or ability to request a hearing; and

(d) A statement of fiscal impact quantifying the economic effect of the proposed rule.

(3) Any person may file written comments on the proposed rule by the date identified in the rulemaking notice.

(a) Written comments must be filed as set forth in OAR 860-001-0160.

(b) Written comments must identify:

(A) The name and address of the person;

(B) The name of any business or organization the person represents;

(C) The docket number assigned to the rulemaking; and

(D) The portion of the proposed rule to which the comments are directed. If applicable, the person should also provide alternative language for the proposed rule to address any concern.

(4) An objection to a fiscal impact statement must be filed in writing and must:

(a) Identify the portion of the fiscal impact statement to which objection is made;

(b) Identify the persons likely to be affected by the proposed rule on whose behalf the objection is filed or, if filed by an association, identify the number of members of the association who are likely to be affected by the proposed rule;

(c) Explain how the persons identified are likely to be affected by the proposed rule;

(d) Explain the objection to the fiscal impact statement; and

(e) Be filed as set forth in OAR 860-001-0160.

(5) If the Commission determines that the original fiscal impact statement does not adequately reflect the proposed rule's fiscal impact, then the Commission must file an amended fiscal impact statement, extend the comment period as required by ORS 183.333(5), and give notice of the extended comment period to persons identified in subsection (1)(b).

Or. Admin. R. 860-001-0210

PUC 5-2010, f. & cert. ef. 10-22-10

Stat. Auth.: ORS 183.341, 756.040, 756.060

Stats. Implemented: ORS 183.335 - 183.355 & 756.040