Rulemaking - Public Comment
The Oregon Public Defense Commission (OPDC) welcomes public comment as part of our rulemaking efforts. All comments received, including the individual's first name, last initial and organization (if applicable), will be published for public transparency. Comments may be used in other agency publications.
Individuals may sign up no later than 5 p.m. PT on Monday, July 27, 2026 Using the Public Rulemaking Hearing Testimony Request Form, to provide oral (spoken) testimony at our rulemaking hearing that is scheduled for Wednesday, July 29, 2026, at 2 p.m. PT. Submitting this form is required to provide verbal (spoken) testimony.
*Please note: this form will automatically close on the deadline.
Individuals providing testimony and attendees are asked to please join within the first 15 minutes. The hearing may close at 2:20 p.m. (after the first 20 minutes), if everyone who signs up to provide testimony has spoken. If nobody signs up to submit oral (spoken) testimony at the hearing, the hearing will close at 2:20 p.m. (after the first 20 minutes).
Testimony is limited to 5 minutes or less for each individual. Individuals that wish to provide comments on multiple rules or multiple sections of a single rule are asked to limit comments for all three proposed rules to 5 minutes. This is to ensure that all individuals that wish to provide testimony have an opportunity to speak.
Individuals that do not wish to provide public testimony may watch the public rulemaking hearing on Wednesday, July 29, 2026, at 2 p.m. PT at this link. Alternatively, for an “audio (listen) only" attendance option individuals may dial either +1-669-900-6833 and enter Phone Conference ID 93368005556# or +1-719-359-4580 and enter Phone Conference ID 93368005556#.
All individuals, including those providing verbal testimony, may submit written public comment to the agency's Rules Coordinator no later than 5 p.m. PT on Monday, August 10, 2026 Using the Proposed Rules Public Comment Form.
As an alternative, individuals may send written public comments by electronic mail (email) to: Admin.Rules@opdc.state.or.us or through the US Postal Service to:
OPDC
Attn: Rules Coordinator
198 Commercial St. SE, Suite 205
Salem, OR 97301
Individuals using the US Postal Service are encouraged to mail comments as soon as possible, and no later than Friday, July 31, 2026, to help ensure that the communication might arrive before the comment period deadline.
All comments must be delivered to the agency no later than 5 p.m. PT on Monday, August 10, 2026, to be considered by the agency.
Your feedback is valuable to us. All individuals may testify at the public hearing and submit written testimony. Although every comment may not receive a response, all are reviewed and considered to the extent possible.
Rulemaking Overview
A rule “interprets or prescribes law or policy" for a state agency (ORS 183.310). State boards and commissions have the authority to write rules that clarify details and implementation of statutes or programs.
Oregon Senate Bill 337 was enacted into legislation in 2023 and transferred the Oregon Public Defense Commission (OPDC) into the executive branch of government on January 1, 2025. The adoption rules that are consistent with statute is required by all executive branch agencies and increase transparency, accessibility, and accountability of rulemaking actions to the public.
OPDC will adopt or amend rules when the legislature enacts statute where the agency has rulemaking authority. This ensures that everyone understands the steps necessary to achieve the legislature's intent. ORS 151.216 grants this authority to OPDC. This statute and others outline steps the Commission must follow to facilitate and engage with partners and the public.
Proposed Rules
Proposed rules that are currently under consideration of the Oregon Public Defense Commission (OPDC) for adoption, amendment, or repeal are open to receive public comments. Rules are only effective after they have been adopted by the Commission at a meeting, filed with and published by the Oregon Secretary of State's office, and the effective date has occurred. All comments received regarding each rule will be posted on this site for public transparency.
Notice of Proposed Rulemaking: 404-025-0000 Model Rules for Rulemaking; 404-025-0100 Notice of Proposed Rulemaking and Adoption of Temporary Rules; 404-025-0200 Delegation of Rulemaking Authority.
Rule Summary: This notice corrects the incorrect mailing address that was published on prior notices and publishes the three proposed rules on a single notice. Senate Bill 337 was enacted into legislation in 2023 and transferred the Oregon Public Defense Commission (OPDC) into the executive branch of government on January 1, 2025. Adopting these rules increases the agency's transparency, accessibility, and accountability to rulemaking actions. ORS 183.341(2) requires state agencies to adopt model rules for rulemaking. OAR 404-025-0000 adopts by reference the Attorney General's Model Rules for Rulemaking (OAR 137-001). ORS 183.335(1)(a) and 183.341(4) requires state agencies to adopt in rule the manner in which interested persons will be notified of the agency's proposed rulemaking actions. OAR 404-025-0100 adopts notice requirements that are consistent with statute. ORS 183.325 requires that state agencies provide the Secretary of State with the named members or employees with rulemaking authority to cause the timely occurrence of specific, required administrative and procedural steps and processes to occur that are necessary to enact the Commission's adopted rules. OAR 404-025-0200 delegates rulemaking authority to the Executive Director, Deputy Director or Chair of the Commission. This is to help ensure that the agency maintains rulemaking authority in cases of unexpected absences. Through the adoption of standardized processes that are consistent across government these rules help to provide transparent and accountable rulemaking processes to build the agency's foundation of public trust.
Public Comment: Public Comment Submission Form
*Public Comment submissions end at 5 p.m. PT on Monday, August 10, 2026 for all three proposed rules.