The Oregon Constitution requires the legislature to adjust district boundaries after each 10-year census. This legislative adjustment is known as redistricting, which is the process of redrawing legislative and congressional district lines following the decennial (recurring every ten years) U.S. Census. As required by the Oregon and U.S. constitutions, the lines get redrawn so that voting districts are roughly equal in population.
The Oregon Constitution requires the legislature to adjust district boundaries after each 10-year census. Oregon made its last boundary adjustments in 2011, and can adjust boundaries again after the 2021 census.
How the Legislature Creates and Enacts Legislation
The Legislative Assembly holds annual sessions at the Capitol of the State, Salem, Oregon. A session beginning in an odd-numbered year may not exceed 160 calendar days in duration; a session beginning in an even-numbered year may not exceed 35 calendar days in duration.
A senator represents his or her district in the Oregon Senate. A representative represents his or her district in the Oregon House of Representatives. In both the House of Representatives and Senate, the political party having the majority of members will be in charge and appoint a leader.
A session beginning in an odd-numbered year may not exceed 160 calendar days; a session beginning in an even-numbered year may not exceed 35 calendar days.
Creating a New Bill
A bill is a proposal for a law. A bill that is passed by the legislature is known as a statute. A ballot measure voted on by the people or referred by the House of Representatives to the citizens for a vote can also create a statute.
A bill passed by the legislature is known as a statute.
Both houses must pass the bill in identical form for it to become law. Except for revenue bills that are required to originate in the House of Representatives, a bill can be introduced in either the Senate or the House.
The following is the process for introducing a bill.
The Administrative Rule Making Process
Some bills can be implemented on their own, as they are written. Others will require additional rules to implement, effectuate, or interpret the legislation. Oregon statute defines these rules as "any agency directive, standard, regulation or statement of legislature, as necessary." This statutory authority gives an agency the authority to regulate the activities of its licensees through administrative rules based upon the mandates created statutorily. The rule making process is a much more efficient way of creating laws than making them by legislative process.
In Oregon, the Oregon Administrative Rules (OAR) is the official compilation of rules and regulations having the force of law. OAR is the regulatory and administrative parallel to Oregon Revised Statutes. OAR is published pursuant to Oregon Revised Statutes.
The majority of the rules relating to the practice of real estate are enacted by the Oregon Real Estate Agency. Once enacted, these rules become a part of OAR and have the full force and effect of law.
Once enacted, Oregon Administrative Rules have the full force and effect of law.
Under the Oregon Constitution, the executive branch is charged with enforcement of the laws made by the legislature. Oregonians elect six statewide officials to the executive branch of government. These officials are the:
Step 1 - Appointment of Advisory Committee
The REA must appoint an advisory committee to hold meetings and obtain public input on the content of the proposed rule or rule modifications.
Step 2 - Notify the Public
The REA must publish a Notice of Proposed Rulemaking or Notice of Proposed Rulemaking Hearing. A Statement of Need and Fiscal Impact must accompany both of these notices. The REA sends these notices to individuals, organizations, and other agencies listed on their rulemaking mailing list. There are also rules requiring the REA to notify the public. Among other items, the notice must include a statement of the need and purpose for the proposed regulation, as well as identify its adverse and beneficial effects and immediate and long-term effects. The notice must stipulate the time and place where interested persons can present their views.
OAR 863-011-000 provides the procedures for rulemaking for real estate.
The following are to receive the notice for rules dealing with real estate licensee matters:
In order to solicit public comment, the REA will conduct at least one workshop and at least one public hearing. The REA also gives interested parties who received notice the opportunity to submit views, data, or arguments relating to the proposed regulation, either orally or in writing. After completing the public hearing, the REA can act on the proposed regulation. However, the REA cannot adopt, amend, or repeal a permanent regulation until it has received the approved or revised text of the final regulation from the Legislative Counsel Bureau.
Step 4 - File Copies of the Proposed Rule
The REA must complete and file a Certificate and Order for Filing Permanent Administrative Rules with the Secretary of State. Within 10 days after filing, the REA must file a copy of the Certificate and Order for Filing Permanent Administrative Rules and the rule text with the Legislative Counsel.
Step 5 - Objection to Oregon Real Estate Agency Action
The Legislative Counsel is the statutory authority to make sure the REA does not exceed its statutory authority. In most cases where someone thinks the REA exceeded its authority and files a complaint, the Legislative Counsel will limit its review to whether the agency acted within its statutory authority and will not consider the merits of the regulation.
Step 6 - Incorporation into the Oregon Administrative Rules
Once properly adopted by the REA, the new regulation, amendment, or repeal of an existing regulation is incorporated into the Oregon Administrative Rules by the Secretary of State.
As outlined in the discussion of the rulemaking process, the REA, as well as the Secretary of State's Rules Unit, the Attorney General's office, and Legislative Counsel, plays a role prior to rule implementation. The roles they each play are:
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The study of system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties.