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Administrative Rules

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.

Rules Advisory Committee

As part of the rulemaking process, OPDC has put together a Rules Advisory Committee (RAC). This is a group of stakeholders who will be invited to share their feedback and recommendations to the agency during the development and adoption of administrative rules. 

For additional information, please see the materials from our Administrative Rules and RAC Presentation. If you are interested in being considered for RAC membership, please complete the application Application to Serve on Rules Committee. You may also email our agency Rules Coordinator at Admin.Rules@opdc.state.or.us.