Directs the courts to declare a rule invalid if the rule requires a public body to fail to comply with federal laws or regulations.

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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 2303
Sponsored by Representatives MANNIX, DIEHL (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act tells courts to say that a rule is invalid if the rule makes a public body break
federal laws or regulations. (Flesch Readability Score: 66.1).
Directs the courts to declare a rule invalid if the rule requires a public body to fail to comply
with federal laws or regulations.
A BILL FOR AN ACT
Relating to judicial review of administrative rules; creating new provisions; and amending ORS
137.673 and 183.400.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 183.400 is amended to read:
183.400. (1) The validity of any rule may be determined upon a petition by any person to the
Court of Appeals in the manner provided for review of orders in contested cases. The court shall
have jurisdiction to review the validity of the rule whether or not the petitioner has first requested
the agency to pass upon the validity of the rule in question, but not when the petitioner is a party
to an order or a contested case in which the validity of the rule may be determined by a court.
(2) The validity of any applicable rule may also be determined by a court, upon review of an
order in any manner provided by law or pursuant to ORS 183.480 or upon enforcement of such rule
or order in the manner provided by law.
(3) Judicial review of a rule shall be limited to an examination of:
(a) The rule under review;
(b) The statutory provisions authorizing the rule; [and]
(c) Relevant federal laws and regulations; and
[(c)] (d) Copies of all documents necessary to demonstrate compliance with applicable
rulemaking procedures.
(4) The court shall declare the rule invalid only if it finds that the rule:
(a) Violates constitutional provisions;
(b) Requires a public body, as defined in ORS 174.109, to fail to comply with federal laws
or regulations;
[(b)] (c) Exceeds the statutory authority of the agency; or
[(c)] (d) Was adopted without compliance with applicable rulemaking procedures.
(5) In the case of disputed allegations of irregularities in procedure which, if proved, would
warrant reversal or remand, the Court of Appeals may refer the allegations to a master appointed
by the court to take evidence and make findings of fact. The court’s review of the master’s findings
of fact shall be de novo on the evidence.
(6) The court shall not declare a rule invalid solely because it was adopted without compliance
NOTE: Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 1111
HB 2303
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with applicable rulemaking procedures after a period of two years after the date the rule was filed
in the office of the Secretary of State, if the agency attempted to comply with those procedures and
its failure to do so did not substantially prejudice the interests of the parties.
SECTION 2.
ORS 137.673 is amended to read:
137.673. Rules adopted by the Oregon Criminal Justice Commission shall not be declared invalid
solely because of irregularities in procedural rulemaking, including but not limited to the provisions
of ORS 183.335 or 183.400 [ (4)(c)] (4)(d).
SECTION 3. The amendments to ORS 183.400 by section 1 of this 2025 Act apply to pe-
titions for judicial review filed on and after the effective date of this 2025 Act.
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