RE adopting model rules (finally)

From: Knudsen Larry [larry.knudsen@doj.state.or.us]

Sent: Thursday, April 26, 2007 9:01 PM

To: CARLOUGH Les; MCALLISTER Larry

Cc: GREENLEY Sarah

Subject: RE: adopting model rules (finally)

Looks fine to me.

-----Original Message-----

From: CARLOUGH Les

Sent: Thursday, April 26, 2007 5:08 PM

To: Knudsen Larry; MCALLISTER Larry

Cc: GREENLEY Sarah

Subject: FW: adopting model rules (finally)

Sarah and I propose this language. It does not adopt Division 2 because that already applies and it does not adopt either the collaborative rules in Division 1 (which are currently expressly not adopted according to OAR 137-001-0005(5)) and it does not adopt the collaborative rules of 137-005. Here are two questions:

1. What should we use as the cut off date?

2. We used the caveat about except as otherwise provided in this division, but is there a chance that exceptions are somewhere else than in Division 11 – should we say “in this Chapter” instead?

OAR 340-011-0008(proposed) – The following Attorney General’s Uniform and Model Rules of Procedure are adopted and incorporated into this division except as otherwise provided in this Division: OAR Division 137-001 (excluding OAR 137-001-0008 through 137-001-0009), OAR Division 137-003, and OAR Division 137-004 as in effect on January 1, 2006.

Let us know what you think.

-----Original Message-----

From: Knudsen Larry [mailto:larry.knudsen@doj.state.or.us]

Sent: Thursday, April 26, 2007 4:19 PM

To: CARLOUGH Les

Subject: FW: adopting model rules (finally)

oops. I should have cc'ed you on this. Let us know if this is not the direction you have in mind.

-----Original Message-----

From: Knudsen Larry

Sent: Thursday, April 26, 2007 4:14 PM

To: MCALLISTER Larry

Subject: RE: adopting model rules (finally)

Larry,

My understanding is that DEQ would proposed to adopt 137-001, 137-003 except as specifically provided, and 137-004. 137-002 are uniform rules, so they apply anyway. (Same is true for 137-001-0070.) There might be policy questions with respect to the adoption of 137-005, so the thought was not to go there now.

As to Rule language, you could use something like:

Oregon Administrative Rules Chapter 137, Divisions 001, 003, and 004 (the Attorney General's Model Rules of Procedure under the Administrative Procedures Act) as in effect on January 1, 2006, are adopted, except as specifically provided elsewhere in this division.

-----Original Message-----

From: MCALLISTER Larry

Sent: Thursday, April 26, 2007 3:39 PM

To: Knudsen Larry

Subject: adopting model rules (finally)

Larry K

I understand that in conjunction with OAR 340-011 rulemaking that Compliance and Enforcement is proposing, DEQ would do will to adopt the model rules in Chapter 137.

Is your office recommending that we adopt all the model rules? If not all, which ones?

If we are not adopting all the rules, what is the best way to identify the appropriate version of those rules we want to adopt? (like OAR 137-001-0007 effective 1-1-06, OAR 137-001-0008 effective 2-03-04).

Probably, better to have this conversation by phone.

So which model rules are you suggesting that DEQ adopt?

Larry

From: Knudsen Larry [larry.knudsen@doj.state.or.us]

Sent: Thursday, July 27, 2006 3:26 PM

To: MCALLISTER Larry

Subject: RE: 5 year review of adopted rules

DOJ revises the Division 137 model rules every year after the legislative session and it recommends that agencies adopt the revised rules. Agencies may adopt all or any of the model rules by reference and without going through the rulemaking process. All that's required is for the EQC to adopt and DEQ to file a notice with the SOS. See ORS 183.341. While this is the recommended procedure, my experience is that many agencies fail to keep up to date, and this sometimes causes problems.

In the past, I believe that DEQ had a rule that adopted by incorporation a specific edition of the model rules in Division 137-001 and 003. (DEQ has never adopted the model rules in 137-004 and that occasionally causes problems.) Last time I looked, it seemed as if there was no longer such an incorporation in Division, but I haven't checked this out thoroughly.

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