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The Oregon Administrative Rules contain OARs filed through June 15, 2014
 
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OREGON UNIVERSITY SYSTEM,
SOUTHERN OREGON UNIVERSITY

 

DIVISION 1

PROCEDURAL RULES

573-001-0000

Notice of Proposed Rule

Prior to the adoption, amendment, or repeal of any rule, other than a temporary rule which shall be adopted in accordance with ORS 183.335(5), Southern Oregon University shall give notice of the proposed adoption, amendment, or repeal:

(1) In the Secretary of State's Bulletin at least 21 days prior to the effective date.

(2) By mailing a copy of the Notice to certain legislators at least 49 days before the effective date of the rule. ORS 183.335(1)(d) and

(3) By mailing a copy of the Notice to the following persons, organizations, or publications:

(a) The Medford Mail Tribune;

(b) The Ashland Daily Tidings;

(c) The Siskiyou;

(d) SOU News Groups;

(e) ASSOU President;

(f) Legislator(s) sponsoring legislation per HB 2799

Stat. Auth.: ORS 183.335 & 729, OL
Stats. Implemented: ORS 183, 351.070 & OAR 580-001-0005
Hist.: SOSC 1, f. & ef. 4-1-76; SOSC 6-1985, f. & ef. 6-12-85; SOSC 1-1994, f. & cert. ef. 5-11-94; SOU 1-1998, f. & cert. ef. 4-23-98; SOU 1-2001, f. & cert. ef. 4-4-01; SOU 1-2004, f. & cert. ef. 4-5-04

573-001-0010

Contents of Notice When a Public Hearing Is Contemplated

When a public hearing will be held or is contemplated, the notice shall include the following:

(1) A description of the University's proposed action (adoption, amendment, or repeal of rule) and where practicable and appropriate setting forth verbatim any rule proposed to be adopted, amended, or repealed.

(2) The subject matter and purpose of the proposed action in sufficient detail to inform a person that his or her interest may be affected.

(3) The time and place of the public hearing and the manner in which interested persons may present their views.

(4) A designation of the officer or governing body of the University or other person who will preside at and conduct the hearing.

(5) If the proposed rule, amendment, or repeal thereof is not set forth verbatim in the notice, the notice shall state the time, place, and manner in which the rule or amendment may be obtained.

Stat. Auth.: ORS 183.341
Stats. Implemented: ORS 183.341
Hist.: SOU 1-2001, f. & cert. ef. 4-4-01

573-001-0015

Contents of Notice When a Public Hearing Is Not Contemplated

When the University does not plan to hold a public hearing, the notice referred to above shall include the following:

(1) A description of the University's proposed action (adoption, amendment, or repeal of rule) and where practicable and appropriate, setting forth verbatim any rule proposed to be adopted, amended, or repealed.

(2) The subject matter and purpose of the proposed action in sufficient detail to inform a person that his or her interest may be affected.

(3) The time and place at which data or views may be submitted in writing to the University.

(4) A statement that any interested person desiring to express or submit his or her data or views at a public hearing must request the opportunity to do so.

(5) A designation of the person to whom a request for public hearing must be submitted and the time and place therefore.

(6) A statement that a public hearing will be held after University notice from 10 or more persons or an association having not less than 10 members if the University receives a request for public hearing before the earliest date that the rule could become effective.

(7) If the proposed rule, amendment, or repeal thereof is not set forth verbatim in the notice, the notice shall state the time, place, and manner in which the rule or amendment may be obtained.

(8) If 10 persons or an association having more than 10 members request a public hearing, the University shall give notice of the hearing at least 21 days before the hearing to the person who has requested the hearing and to persons who have requested notice pursuant to ORS 183.335(7), and shall publish notice of the hearing in the bulletin referred to in ORS183.360.

Stat. Auth.: ORS 183.341
Stats. Implemented: ORS 183.341
Hist.: SOU 1-2001, f. & cert. ef. 4-4-01; SOU 1-2004, f. & cert. ef. 4-5-04

573-001-0020

General Rulemaking Requirements

The University rulemaking notice must:

(1) Include a statement of the legal authority for the rule.

(2) Include a citation of the statute or other law the rule is intended to implement.

(3) Include a statement of the need for the rule and how the rule meets the need.

(4) Include a list of documents, studies or reports prepared for or relied upon in formulating the rule, and a statement of the location at which those documents are available for public inspection.

(5) Provide a statement of fiscal impact identifying state agencies, units of local government and the public which may be economically affected by the adoption, amendment or repeal of the rule and an estimate of that economic impact on state agencies, units of local government and the public. In considering the economic effect of the proposed action on the public, the University shall utilize available information to project any significant economic effect of that action on businesses which shall include a cost of compliance effect on small businesses affected.

(6) If an advisory committee is not appointed under the provisions of ORS 183.025(2), provide an explanation as to why no advisory committee was used to assist the University in drafting the rule.

Stat. Auth.: ORS 183.341
Stats. Implemented: ORS 183.341
Hist.: SOU 1-2001, f. & cert. ef. 4-4-01

573-001-0030

Postponing Intended Action

(1) The University shall postpone its intended action upon request of an interested person received before the earliest date that the rule could become effective after University notice to allow the requesting person an opportunity to submit data, views, or arguments concerning the proposed action.

(2) Postponement of the date of intended action shall be for no less than 21 days nor more than 90 days. In determining the length of postponement, the President shall consider the time necessary to give reasonable notice of the postponement and the complexity of the subject and issues of the intended action.

(3) This rule shall not apply to the procedure for adopting a temporary rule pursuant to ORS 183.335(5) and rule 573-001-0050.

Stat. Auth.: ORS 183.341
Stats. Implemented: ORS 183.341
Hist.: SOU 1-2001, f. & cert. ef. 4-4-01

573-001-0040

Conduct of the Hearing

(1) The President's designee shall be the presiding officer.

(2) At the commencement of the hearing, any person wishing to be heard shall advise the presiding officer of his or her name, address, and affiliation. Additional persons may be heard at the discretion of the presiding officer. The presiding officer may provide an appropriate form for listing witnesses which shall indicate the name of the witness, whether the witness favors or opposes the proposed action, and such other information as the presiding officer may deem appropriate.

(3) At the opening of the hearing, the presiding officer shall summarize the notice provided for in rule 573-001-0005 or 573-001-0010, as the case may be.

(4) Subject to the discretion of the presiding officer, the order of the presentation shall be:

(a) Statement of proponents;

(b) Statement of opponents; and then

(c) Statements of any other witnesses present and wishing to be heard.

(5) The presiding officer shall have the right to question any witness making a statement at the hearing. At the discretion of the presiding officer, other persons may be permitted to question witnesses.

(6) There shall be no rebuttal or additional statements given by any witness unless requested by the presiding officer. However, when such additional statement is given, the presiding officer shall allow an equal opportunity for reply.

(7) The hearing may be continued with recesses as determined by the presiding officer until all listed witnesses present and desiring to make a statement have had an opportunity to do so.

(8) The presiding officer shall, where practicable, receive all physical and documentary evidence presented by witnesses. Exhibits shall be marked and shall identify the witness offering the exhibit. The exhibits shall be preserved by the University for one year or, in the discretion of the University, returned to the witness offering the exhibit.

(9) The presiding officer may set reasonable time limits for oral presentation and may exclude or limit cumulative, repetitious, or immaterial matter.

(10) A verbatim oral, written, or mechanical record may be made of all the proceedings, or, in the alternative, a record in the form of minutes.

Stat. Auth.: ORS 183.341
Stats. Implemented: ORS 183.341
Hist.: SOU 1-2001, f. & cert. ef. 4-4-01

573-001-0050

Filing and Taking Effect of Rule

(1) The University shall file in the Office of the Secretary of State a certified copy of each rule adopted by it.

(2) A rule shall be effective upon filing unless a later effective date is required by statute or specified in the rule.

Stat. Auth.: ORS 183.341
Stats. Implemented: ORS 183.341
Hist.: SOU 1-2001, f. & cert. ef. 4-4-01

573-001-0055

Submission to Legislative Counsel

A copy of the rule shall be submitted to the Legislative Counsel within 10 days after the rule has been filed with the Secretary of State.

Stat. Auth.: ORS 183.341
Stats. Implemented: ORS 183.341
Hist.: SOU 1-2001, f. & cert. ef. 4-4-01

573-001-0060

Temporary Rules

(1) The University may proceed without prior notice of hearing, or upon any abbreviated notice and hearing that is practicable, to adopt a rule without the notice otherwise required by ORS Chapter 183 and division 1 of these rules. In such case the University shall:

(a) File with the Secretary of State the rule and the University's findings that failure to act promptly will result in serious prejudice to the public interest or to the interest of the parties concerned and the reasons for that finding, a citation of the statutory or other legal authority relied upon and bearing upon the promulgation of the rule, a statement of the need for the rule and a statement of how the rule is intended to meet the need, and a list of the principal documents, reports or studies, if any, prepared by or relied upon by the University in considering the need for and in preparing the rule, and a statement of the location at which those documents are available for public inspection;

(b) Take appropriate measures to make the temporary rule known to the persons who may be affected; and

(c) Furnish copies of the temporary rule pursuant to section 573-001-0000(3).

(2) A temporary rule adopted in compliance with this rule becomes effective upon filing with the Secretary of State or at a later date designated in the rule.

(3) A temporary rule may be effective for no longer than 180 days. The University may, however, adopt an identical rule upon notice in accordance with division 1 of these rules, and may give such notice contemporaneously with adoption of the temporary rule.

(4) File a copy of the adopted rule with the Legislative Counsel within 10 days after filing with the Secretary of State.

(5) A rule temporarily suspended shall regain effectiveness upon expiration of the temporary period of suspension unless the rule is repealed prior to the expiration of the temporary period.

Stat. Auth.: ORS 183.341
Stats. Implemented: ORS 183.341
Hist.: SOU 1-2001, f. & cert. ef. 4-4-01

573-001-0070

Petition to Promulgate, Amend, or Repeal Rule: Contents of Petition, Filing of Petition

(1) An interested person may petition the University to adopt, amend, or repeal a rule. The petition shall state the name and address of the petitioner and any other person known to the petitioner to be interested in the rule. The petition shall be legible, signed by or on behalf of the petitioner, and shall contain a detailed statement of:

(a) The rule petitioner requests the University to adopt, amend, or repeal. When a new rule is proposed, the petition shall set forth the proposed language in full. When an amendment of an existing rule is proposed, the rule shall be set forth in the petition in full with matter proposed to be deleted enclosed in brackets and proposed additions shown by boldface;

(b) Facts or arguments in sufficient detail to show the reasons for and effects of adoption, amendment, or repeal of the rule;

(c) All propositions of law to be asserted by petitioner.

(2) The University:

(a) May provide a copy of the petition, together with a copy of the applicable rules of practice, to all persons named in the petition;

(b) May schedule oral presentations;

(c) Shall, in writing, within 30 days after receipt of the petition, either deny the petition or initiate rulemaking proceedings.

Stat. Auth.: ORS 183.341
Stats. Implemented: ORS 183.341 & ORS 183.390
Hist.: SOU 1-2001, f. & cert. ef. 4-4-01

573-001-0075

Availability of Public Records

The public may review any Southern Oregon University documents that are designated public records. See ORS 192.005(5) for the definition of "public records". These documents are on file in University offices and may be reviewed during regular working hours. Copies of public records are available to the public upon request. The following charges will be made, payable in advance or when the materials are furnished:

(1) Copies of documents:

(a) $1.00 per page (2.00 if printed front and back);

(2) Other materials such as computer tapes, microfilm, and microfiche copies, audio tape cassettes, computer services, etc., shall be provided at a fee reasonably calculated to reimburse the University for actual costs incurred in making records available to the public.

(3) When materials are not readily available, such as in the case of files in the archives, or require an inordinate length of time to assemble due to the scope of the request, an additional charge of $10 per hour may be assessed to cover staff time required to make the information available.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 192, & 351.070
Hist.: SOSC 1-1986, f. & ef. 5-5-86; SOU 1-1998, f. & cert. ef. 4-23-98; SOU 1-2001, f. & cert. ef. 4-4-01; SOU 5-2010, f. & cert. ef. 12-8-10

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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