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ADMINISTRATIVE LAWI.INTRODUCTIONThis chapter covers legislation effecting a variety of state agencies, especially includingagency rulemaking requirements, and is generally organized by agency or topic area.Additionally the chapter contains bills relating to the Office of Administrative Hearings, and togovernmental ethics including lobbying and the Government Standards and PracticesCommission. Unless otherwise stated, all bills take effect on January 1, 2016.II.1.HB 2019(Ch. 619)GOVERNMENTAL ETHICSGovernment Ethics CommissionHB 2019 took effect on July 1, 2015, and made changes to the size, composition, andprocedures of the Oregon Government Ethics Commission (Commission).The bill amended ORS 244.250 (2013) to increase the number of members serving onthe Commission from seven to nine, and correspondingly increased the quorum requirementfrom four to five members. The number of members appointed by the Governor upon therecommendation of the Democratic and Republican leaders in each house of the LegislativeAssembly has also increased, from four to eight. The number of members the Governor canappoint without a recommendation from legislative leadership has decreased from three toone, and the number of members who may be members of the same political party has alsodecreased, from four to three.The amendments to ORS 244.250 (2013) become operative on July 1, 2016.ORS 244.260(2) (2013) had required that the Commission provide notice of a complaintalleging a violation of ORS chapter 244 (2013) or a rule adopted pursuant to ORS chapter 244,or a motion to proceed without a complaint, by mail and telephone if the person could bereached by telephone. HB 2019 repealed the requirement that notice be provided by mail andtelephone. When providing notice of the complaint or motion, the Commission must includecopies of all materials that were submitted with the complaint, or that the Commission willconsider at the hearing on the motion.The responsibility for determining whether the conduct of a member of the LegislativeAssembly who is the subject of a complaint or motion involves conduct protected by Article IV,section 9, of the Oregon Constitution was transferred from the Commission to theCommission’s executive director.1-5

ADMINISTRATIVE LAWThe timeframe for conducting the Preliminary Review Phase to determine whetherthere is cause to undertake an investigation was reduced from 135 to 30 days. The Commissionand the person who is the subject of a complaint can no longer stipulate to a delay in excess ofthe allowed timeframe. If a candidate for elective office is the subject of a complaint, then thecandidate can request a delay in writing, and the Preliminary Review Phase must be completednot later than 30 days after the date of the election.The Preliminary Review Phase is confidential, as is any information that the Commissionconsiders before approving a motion to proceed on its own motion and related correspondenceregarding the motion or potential violation is confidential. HB 2019 amends ORS 244.260 (2013)to specifically include the Commission’s executive director along with the Commission’smembers and staff as being subject to a civil penalty, not to exceed 1,000, for violating theconfidentiality requirement.HB 2019 added a new paragraph (d) to ORS 244.260(3) (2013) concerning the conclusionof the Preliminary Review Phase. After completing the Preliminary Review Phase, the executivedirector must prepare a statement of facts with legal citations and relevant authorities. Legalcounsel must review the statement of facts before it can be presented to the Commission. Theexecutive director must attend an executive session of the Commission and present thestatement of facts, along with a summary of the results of the Preliminary Review Phase and arecommendation as to whether there is cause to undertake an investigation or whether theCommission should dismiss the complaint or rescind its motion. During the executive session,the Commission shall consider the executive director’s recommendation and make a finaldetermination as to whether there is cause to undertake an investigation or whether theCommission should dismiss the complaint or rescind its motion.If the Commission considers the executive director’s recommendations in an executivesession, but does not affirmatively vote to undertake an investigation, dismiss the complaint, orrescind its motion, the Commission’s nonaction shall be considered a dismissal of the complaintor a rescission of its motion.HB 2019 repealed ORS 244.260(4)(e)(A), which provided that the time limits establishedby ORS 244.260 and the Commission’s inquiry were suspended if there was a pending criminalinvestigation that related to the issues arising out of the matter under investigation orconsideration by the Commission.If the Commission makes a finding of cause to undertake an investigation andundertakes action in the Investigatory Phase, the timeframe for completing the InvestigatoryPhase is 180 days; however that can be suspended if there is a pending criminal investigationthat relates to the issues arising out of the matter under investigation or consideration by theCommission and the Commission determines that it cannot adequately complete itsinvestigation until the pending criminal investigation is completed.The amendments to ORS 244.260 apply to complaints filed on or after July 1, 2015.1-6

ADMINISTRATIVE LAWHB 2019 amended ORS 244.290, as amended by section 9d, chapter 877, Oregon Laws2007, and section 14, chapter 68, Oregon Laws 2009. The types of materials the Commissionmust make available online for public review has increased from just statements filed underORS 244.050 and 244.217 to include advisory opinions issued by the Commission or itsexecutive director, and findings issued by the Commission under ORS 244.260 after it hasdetermined that there has been a violation of a violation of ORS chapter 244 (2013) or a ruleadopted pursuant to ORS chapter 244.The amendments to ORS 244.290, as amended by section 9d, chapter 877, Oregon Laws2007, and section 14, chapter 68, Oregon Laws 2009 become operative on January 1, 2017.2.HB 2058(Ch. 813)Lobbyist ExpensesUnder ORS 171.745 (2013), as amended by section 1, chapter 701, Oregon Laws 2013,lobbyists registered or required to register with the Oregon Government Ethics Commissionmust file statements with the commission showing certain expenses incurred while lobbying.However, lobbyists are not required to report the amounts they spent lobbying anotherlobbyist. The exemption on reporting expenses incurred lobbying another lobbyist is repealedby section 2, chapter 701, Oregon Laws 2013, which became operative on June 30, 2015.HB 2058 would amend section 3, chapter 701, Oregon Laws 2013, to provide that theexemption on reporting expenses incurred lobbying another lobbyist would not becomeeffective until June 30, 2017. Additionally, the bill provides that if it does not become effectiveuntil after June 30, 2015, then it will apply retroactively to June 30, 2015, and the exemption insection 1, chapter 701, Oregon Laws 2013, will be revived and continue forward from that dateto the effective date of HB 2058.HB 2058 took effect on August 12, 2015.3.SB 294(Ch. 666)RulesSB 294 amends ORS 244.290 (2013) to authorize the Oregon Government EthicsCommission to adopt rules necessary to carry out its duties under ORS 192.660 and 192.685(2013). ORS 192.660 (2013) concerns executive sessions, and ORS 192.685 (2013) authorizesthe commission to investigate and respond to alleged violations of ORS 192.660 (2013).ORS 244.290 (2013), as amended by section 9d, chapter 877, Oregon Laws 2007, andsection 14, chapter 68, Oregon Laws 2009, is similarly amended.1-7

ADMINISTRATIVE LAWThe bill also amends ORS 192.660 (2013) to provide that, notwithstanding ORS 244.290,the commission may not adopt rules that establish which entities are consideredrepresentatives of the news media entitled to attend executive sessions.SB 294 has an effective date of January 1, 2016, and the amendments to ORS 192.660and 244.290 apply to alleged violations that occur on or after that date.III.1.MEDICAL AND HEALTH AGENCIES, BOARDS, AND COMMISSIONSSB 696(Ch. 674)Behavior Analysis Regulatory BoardSB 696 amends ORS 676.800, as amended by section 19, chapter 771, Oregon Laws2013, to increase the number of members on the Behavior Analysis Regulatory Board fromseven to nine. It increases number of members who must be licenses by the board from threeto four, requires that one of the newly added members must be a parent, guardian, or familymember of an individual diagnosed with autism spectrum disorder who has received some formof applied behavior analysis therapy, and replaces a previous requirement that one member bea licensed speech-language pathologist registered with the board with a new requirement thatone member be a licensed developmental pediatrician with experience or training in treatingautism spectrum disorder. Members are appointed by the Governor and must be confirmed bythe Senate.SB 696 has an effective date of July 6, 2015; however, sections 1, 3 to 5, 10 and 18 of thebill and the amendments to ORS 676.160, 676.583, 676.610, 676.613, 676.622, 676.800,676.805 and 676.992 and sections 2, 4 and 24, chapter 771, Oregon Laws 2013, by sections 2, 6to 9 and 11 to 16 of the bill become operative on November 1, 2015. The Governor, the HealthLicensing Office, and the board, are authorized to take any action before November 1, 2015,that is necessary to enable the Governor, the office, or the board to exercise all of the dutiesand responsibilities conferred on the Governor, the office, and the board on November 1, 2015.Sections 1 and 3 to 5 of the bill and the amendments to ORS 676.160, 676.583, 676.610,676.613, 676.622, 676.800, 676.805 and 676.992 and sections 2, 4 and 24, chapter 771, OregonLaws 2013, by sections 2, 6 to 9 and 11 to 16 of the bill apply to an individual licensed as abehavior analyst or assistant behavior analyst by the Behavior Analysis Regulatory Board orregistered as a behavior analysis interventionist by the Health Licensing Office on or afterNovember 1, 2015.2.HB 2307(Ch. 79)Conversion Therapy ProhibitionHB 2307 prohibits a mental health care or social health professional from practicing“conversion therapy”, a term defined in the bill, if the recipient is under 18 years of age. It alsomakes conforming amendments to OR

The annual Oregon Legislation Highlights offers a timely and authoritative . (Ch. 491) Massage Therapy, Bodywork 8. SB 840 (Ch. 461) Medical Board: Definitions 9. SB 905 (Ch. 403) Medical Board: Membership . 2006 Willamette University School of Law. Member of the Oregon State Bar since 2006. ADMINISTRATIVE LAW 1-5