Or. Admin. Code § 122-040-0040

Current through Register Vol. 63, No. 10, October 1, 2024

Section 122-040-0040 - Definitions

(1) For purposes of this rule, unless the context requires otherwise:

(a) "State agency" has the meaning given that term in ORS 291.002;

(b) "Director" means the Director of the Department of Administrative Services; and,

(c) "Program" means an activity or a series of related activities that a state agency performs to fulfill its constitutional or statutory duties and that is identified, by name or otherwise with particularity, in: the Oregon Constitution or an Oregon law, including but not limited to a statute making appropriations to the state agency; a budget report and measure summary issued by the Legislative Assembly relating to the budget for the state agency that the Legislative Assembly most recently enacted into law or the Emergency Board most recently amended; a state agency performance measure developed under ORS 291.110, or link to an Oregon Benchmark approved under 285A.168(2).

(2) For purposes of ORS 291.373, a state agency substantively changes a Program, i.e., makes a "substantive Program change," when the state agency:

(a) Establishes a new Program, unless the Legislative Assembly provided for establishment of the Program by statute or anticipated establishment of the Program in a budget report and measure summary;

(b) Eliminates an existing Program, unless the Legislative Assembly provided for elimination of the Program by statute or anticipated elimination of the Program in a budget report and measure summary;

(c) Delays by six months or longer the legislatively planned establishment or elimination of a Program;

(d) Makes changes to the operation or financing of a Program by: redesigning the Program so as to affect a class of client benefit levels or provider reimbursement levels, unless the redesign consists solely of adjustments of an ongoing nature or process that are described in written materials presented to the Legislative Assembly by the state agency during the most recent legislative session; implementing an executive order; redirecting more than 10 percent of the Program's funding to another purpose as allowed by a relevant appropriation or expenditure limitation; or, otherwise makes changes to the operation or financing of a Program that the director determines affects one or more essential aspects of that Program.

Or. Admin. Code § 122-040-0040

BMD 6-2003(Temp), f. & cert. ef. 11-10-03 thru 5-5-04; BMD 8-2003, f. & cert. ef. 12-30-03

Stat. Auth.: ORS 291.373

Stats. Implemented: ORS 291.373(2)