If DEQ convenes a rulemaking advisory committee, the Oregon Administrative Procedures Act requires DEQ to seek the committee’s recommendations about:
• Whether the rule will have a fiscal impact
• What the extent of that impact will be
• Whether the rule will have a significant adverse impact on small businesses
• If so, how can DEQ reduce the economic impact of the rule on small business to the extent consistent with the public health and safety purpose of the rule
Committee recommendations are part of the rulemaking record and must be in writing. Including the recommendation in the approved minutes is sufficient.
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:
• Establishing differing compliance or reporting requirements or time tables for small business
• Clarifying, consolidating or simplifying the compliance and reporting requirements under the rule for small business
• Utilizing objective criteria for standards
• Exempting small businesses from any or all requirements of the rule
• Otherwise establishing less intrusive or less costly alternatives applicable to small business.
(4) An agency shall consider an advisory committees recommendations provided under subsection (3) of this section in preparing the statement of fiscal impact required by ORS 183.335 (Notice) (2)(b)(E).
II.D.7. Minutes and Recordkeeping
The Public Meetings Law requires that the governing body of a public body provide for sound, video or digital recording or written minutes of its meetings.[40] ORS 192.650(1). The record of a meeting, whether preserved in written minutes or a sound, video or digital recording, shall include at least the following information:
• members present;
• motions, proposals, resolutions, orders, ordinances and measures proposed and their disposition;
• results of all votes and, except for public bodies consisting of more than 25 members unless requested by a member of that body, the vote of each member by name;
• the substance of any discussion on any matter; and
• subject to the Public Records Law, ORS 192.410 to 192.505, a reference to any document discussed at the meeting. (Such reference does not change the status of the document under the Public Records Law. ORS 192.650(3).)