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| How to Get Involved |
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Regulations are not set in stone. That’s why we encourage the public and practitioners to get involved in legislation and rulemaking
Check the Laws & Rules page of the specific profession for administrative rule updates and notification of rulemaking.
To comment, please call us at 503-378-8667 or e-mail the Oregon Health Licensing Agency.
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| Oregon Revised Statutes (ORS) |
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Oregon Revised Statutes (ORS) are laws that have been enacted by a vote of the Oregon State Legislature. Statutes state the general intent of the law and who has authority to carry out that law. Any modifications made to a statute also require the approval of the Legislature.
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| Oregon Administrative Rules (OAR) |
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Oregon Administrative Rules (OAR) provide a more detailed "blueprint" that clarifies and implements state law. Administrative rules spell out the specifics of the law. Rules are required to be supported by a specific statute or law.
Rule changes do not require legislative approval. For more information on administrative rules, go to the Oregon Secretary of State’s Oregon State Archives.
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| Significance to Public, Practitioners |
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Why should the public and practitioners be aware and knowledgeable of state laws and administrative rules? For the public, laws and rules apprise you of your rights as a consumer.
For practitioners, they provide a great "how-to" guide to help you comply with regulations, regulations created to protect the public's health and safety and to ensure the qualifications and standards of regulated professions.
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| State Laws Come First, then Rules |
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In Oregon, elected state legislators create, revise or end ("sunset") state laws every two years in a Legislative Assembly.
When legislators meet, or "assemble," at the Oregon Capitol Building in Salem on the second Monday of every odd-numbered year, they review, discuss and vote on proposed legislation.
If legislation is adopted by the Legislature and signed by the Governor, it becomes state law.
Once the final gavel of the Legislative Assembly sounds, new and revised laws must go through "rulemaking" to work out the details of how the law will be carried out and enforced.
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| Rulemaking: Participation Is Paramount! |
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Public participation in the rulemaking process is important. Your input makes a difference.
When new or revised administrative rules are proposed, a Notice of Rulemaking / Hearing is distributed to an "interested parties" list and posted to our Web site at www.oregon.gov/OHLA at least 28 days prior to the scheduled hearing.
Notices alert stakeholders of proposed new rules and rulemaking that amends existing rules or repeals outdated or unnecessary rules.
A Statement of Need and Fiscal Impact accompanies each rulemaking notice to communicate the need for the rule, the proposed action being considered, documents relied upon in determining the proposed action and the fiscal impact to individuals, small businesses or others that may result from permanent rule adoption.
A fiscal impact includes any fee increase or decrease, or any additional requirements that may impose a direct or indirect cost to applicants or license holders.
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| Collaboration Key to Rulemaking |
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OHLA is authorized to adopt administrative rules. We facilitate consensus-based decision-making during administrative rulemaking in collaboration with the volunteer citizen boards and councils under our oversight, with the associations or organizations representing each professional group and other stakeholders.
Each board or council appoints a Rules / Legislation Subcommittee comprised of two or three members to advise the agency in rule development. An Advisory Rules Committee may be appointed to represent the interests of a more diverse cross section of individuals, small businesses or organizations that may be affected by the rule
Proposed rules are reviewed by the agency’s legal counsel and an independent hearings officer.
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| How Administrative Rulemaking Works |
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More interesting information about administrative rulemaking:
- Rulemaking committee meetings are traditionally fact-finding sessions.
- Public rule hearings are conducted in a more formal setting to provide opportunity for comment through oral or written testimony in support or opposition of proposed rules.
- Committee/board meetings and rules hearings are conducted in an open forum to obtain professional and public views that will help the Oregon Health Licensing Agency facilitate an open, transparent review of the proposed rule.
- Public testimony and recommendations from OHLA, legal counsel and the hearings officer are then presented to the appropriate volunteer citizen board and council for a vote, again in an public meeting. Rules are permanently adopted only if the board or council approves the proposed rules.
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| Where to Find State Laws & Rules |
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Find Oregon Revised Statutes and Oregon Administrative Rules on the Oregon Health Licensing Agency’s home site on Oregon.gov at www.oregon.gov/OHLA.
Click on Laws & Rules on the left navigation bar, then look for central agency and profession-specific ORS and OAR. You may also order individual sets of ORS and OAR for a fee by calling 503-378-8667 or e-mailing ohla.info@state.or.us.
The OHLA central agency acknowledges and thanks all rulemaking participants for their invaluable contributions to the rulemaking process. We invite all interested parties to participate in the rulemaking process.
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