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Five-year rule review

Third Party Election Letter/OAR 438-011-0055

In accordance with ORS 183.405, the Board is conducting its "five-year" review of OAR 438-011-0055, which prescribes the procedures to be followed by a "paying agency" in issuing a "third party election" letter. The Board has already requested/received written comments from members of the advisory committee regarding this rule, as well as parties/practitioners who offered comments during the initial rulemaking process. Those responses are set forth below:

  • Ex. 1; 8/31/18 Letter - William Replogle, AAL 
  • Ex. 2; 09/27/18 Letter- Louis Savage, WCD Administrator
To further assist the Members in conducting their review of this rule, they are seeking written comment from the public. Any such comments should be directed to Kayleen Atkins, WCB’s Executive Assistant, at 2601 25th St, SE, Ste. 150, Salem, OR 97302,, or via fax at (503)373-1684. The deadline for these written comments is February 28, 2019. 

Any written comments should address the following questions:

  1. Did the rule achieve its intended effect?
  2. Was the anticipated fiscal impact of the rule underestimated or overestimated? (See Board’s “Statement of Need and Fiscal Impact” dated June 28, 2013.)
  3. Have any subsequent changes in the law required that the rule be repealed or amended?
  4. Is there a continued need for the rule?
  5. What impacts has the rule had on small business?
In the order of their receipt, responses to the Board's invitation for public comments are set forth below: 

  • Ex. 3; 1/22/19 Letter - Timothy P Simmons, Claims Examiner, COMPRO Inc

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