1. (1) For the purposes of this rule, “complex public policy controversy” means a multi-party controversy that includes at least one governmental participant and that affects the broader public, rather than only a single group or individual.

2. (2) Before using a collaborative process to resolve a complex public policy controversy, the agency may conduct an assessment to determine if a collaborative DR process is appropriate and, if so, under what conditions. In addition to the factors in OAR 137-005-0020, the agency may use the assessment to consider if:

   1. (a) The agency is interested in joint problem solving or in reaching a consensus among participants, and not solely in obtaining public comment, consultation or feedback, which may be addressed through other processes;

   2. (b) The persons, interest groups or entities significantly affected by the controversy or by any agreement resulting from the collaborative DR process

      1. (A) Can be readily identified;
      2. (B) Are willing to participate in a collaborative process; and
      3. (C) Have the time, resources and ability to participate effectively in a collaborative process and in the implementation of any agreement that may result from the collaborative process;
   3. (c) The persons identified as representing the interests of a group of persons or of an organization have sufficient authority to negotiate a durable agreement on behalf of the group or organization they represent; or
   4. (d) There are ongoing or proposed legislative, political or legal activities that would significantly undermine the value of the collaborative process or the durability of any collaborative agreement.
3. (3) The agency may contract with a collaborative DR provider pursuant to OAR 137-005-0040 to assist the agency in conducting all or part of the assessment under section (1) and may request that the provider prepare a written report summarizing the results of the assessment.

Statutory/Other Authority

ORS 183.341 & 183.502

Statutes/Other Implemented

ORS 183.502

History

DOJ 10-1999, f. 12-23-99, cert. ef. 1-1-00