Stakeholder involvement

"The Legislative Assembly finds and declares that it is the policy of this state that whenever possible the public be involved in the development of public policy by agencies and in the drafting of rules. The Legislative Assembly encourages agencies to seek public input to the maximum extent possible before giving notice of intent to adopt a rule. The agency may appoint an advisory committee that will represent the interests of persons likely to be affected by the rule, or use any other means of obtaining public views that will assist the agency in drafting the rule."

10. Stakeholder involvement

ORS 183.333

Not required for TEMPORARY rules

Public notice with hearing

Portland area information meeting before notice

Public notice without hearing

Regional information meetings before notice

_{Topic discussion}

11. Advisory committee involvement

Guide

Type of advice

No plans to convene a committee

Program

Enter custom advice here.

Use a standing committee

Science

Enter custom advice here.

Reconvene a committee

Technical

Convene a new committee

Rule language

€

Fiscal - see requirement below

1. The Oregon Administrative Procedures Act requires DEQ to seek the committee’s recommendations about:

(a) Whether the rule will have a fiscal impact;

(b) What the extent of that impact will be;

(c) Whether the rule will have a significant adverse impact on small businesses.

If the committee determines there will be a significant adverse impact on small businesses, DEQ must seek the committee’s recommendations on how to reduce the economic impact of the rule on small business, to the extent consistent with the public health and safety purpose of the rule, by:

o Establishing differing compliance or reporting requirements or time tables for small business;

o Clarifying, consolidating or simplifying the compliance and reporting requirements under the rule for small business;

o Utilizing objective criteria for standards;

o Exempting small businesses from any or all requirements of the rule; or

o Otherwise establishing less intrusive or less costly alternatives applicable to small business.

2. If DEQ convenes a rulemaking advisory committee, but does not seek the committee’s recommendations as described above, there is a risk that the entire rulemaking could later be invalidated by a court for failure to comply with procedural rulemaking requirements under the Oregon Administrative Procedures Act.

3. If DEQ does not convene a rulemaking advisory committee regarding a proposed permanent rule, then persons or organizations likely to be affected by the proposed rule may object to DEQ’s fiscal impact statement. Such an objection requires DEQ to appoint a fiscal impact advisory committee to provide recommendations on whether the proposed rule will have a fiscal impact and what the extent of that impact will be. This can significantly delay a rulemaking.