Oregon Bulletin
January 1, 2011
NOTICES OF PROPOSED RULEMAKING AND
PROPOSED RULEMAKING HEARINGS
The following agencies provide Notice of Proposed Rulemaking to offer interested parties reasonable opportunity to submit data or views on proposed rulemaking activity. To expedite the rulemaking process, many agencies have set the time and place for a hearing in the notice. Copies of rulemaking materials may be obtained from the Rules Coordinator at the address and telephone number indicated.
Public comment may be submitted in writing directly to an agency or presented orally or in writing at the rulemaking hearing. Written comment must be submitted to an agency by 5:00 p.m. on the Last Day for Comment listed, unless a different time of day is specified. Written and oral comments may be submitted at the appropriate time during a rulemaking hearing as outlined in OAR 137-001-0030.
Agencies providing notice request public comment on whether other options should be considered for achieving a proposed administrative rule's substantive goals while reducing negative economic impact of the rule on business.
In Notices of Proposed Rulemaking where no hearing has been set, a hearing may be requested by 10 or more people or by an association with 10 or more members. Agencies must receive requests for a public rulemaking hearing in writing within 21 days following notice publication in the Oregon Bulletin or 28 days from the date notice was sent to people on the agency mailing list, whichever is later. If sufficient hearing requests are received by an agency, notice of the date and time of the rulemaking hearing must be published in the Oregon Bulletin at least 14 days before the hearing.
*Auxiliary aids for persons with disabilities are available upon advance request. Contact the agency Rules Coordinator listed in the notice information.
Rule
Caption: Clarifies equivalent
licensing requirements, delinquency fees, SLPA supervisor qualifications;
changes renewal deadline; addresses written
exceptions.
Date: Time: Location:
1-19-11 4
p.m. 800
NE Oregon St., Rm. 445
Portland,
OR 97232
Hearing Officer: Sandy Leybold
Stat. Auth.: ORS 681
Stats. Implemented: ORS 681
Proposed Amendments: 335-001-0009, 335-060-0005, 335-060-0010, 335-060-0030,
335-070-0020, 335-070-0055, 335-070-0085, 335-095-0030, 335-095-0040
Proposed Repeals: 335-095-0055
Last Date for Comment: 1-20-11
Summary: • Defines equivalent credentials for
licensure.
•
Clarifies under what circumstances delinquent fees will or may be charged for
rule infractions.
• Makes permanent previous temporary rules regarding
elimination of “Permit to Supervise SLPAs” and its associated fee.
• Makes permanent previous temporary rules regarding
qualifications and conditions for SLPA supervision.
•
Moves license renewal deadline to December 31st of odd-numbered years to create
one-month period between renewal deadline and expiration date of previous
license.
•
Changes professional development hours required for re-activation of recently
expired licenses to conform to those of renewed licenses.
•
Conforms rule regarding filing written exceptions and argument to the
Administrative Procedures Act.
• Changes miscellaneous text for clarity.
Rules Coordinator: Sandy Leybold
Address: Board of Examiners for Speech-Language Pathology and
Audiology, 800 NE Oregon St., Suite 407, Portland, OR 97232
Telephone: (971) 673-0220
Rule Caption: Rule corrections
and updates; doctoral program accreditation requirement; equivalency of foreign
degrees.
Stat.
Auth.: ORS 675.010–675.150
Stats. Implemented: ORS 675.110(17)
Proposed Amendments: 858-010-0007, 858-010-0010, 858-010-0015,
858-010-0036, 858-010-0039
Last Date for
Comment: 1-22-11, Close of Business
Summary: Removes regional accreditation for doctoral degree
program as a qualification for psychologist licensure and replaces with
doctoral degree program equivalent to American Psychological Association
accreditation as a qualification for a psychologist licensure; adds foreign
degree equivalency determination by Board approved credentialing body as a
qualification for psychologist licensure; other minor housekeeping items.
Rules Coordinator: Debra Orman McHugh
Address: 3218 Prinlge Rd. SE, Suite 130; Salem, OR 97302
Telephone: (503) 378-4154
Rule
Caption: Amending existing rules to
clarify and streamline processes for commission and other uses.
Date: Time: Location:
2-8-11 9
a.m. Multnomah
County
Rural
Fire Prot. Dist. #14
36930
E Historic Columbia
River
Hwy.
Corbett,
OR 97019
Hearing Officer: Staff
Stat. Auth.: ORS 196.150
Other Auth.: RCW 43.97.015; 16 USC § 544e
Stats. Implemented: ORS 196.150, RCW 43.97.015; 16 USC § 544e
Proposed Adoptions: 350-040-0055, 350-060-0046, 350-060-0047, 350-081-0017
Proposed Amendments: 350-030-0015, 350-030-0020, 350-030-0025, 350-030-0030,
350-030-0060, 350-030-0080, 350-040-0010, 350-040-0020, 350-040-0050,
350-040-0060, 350-040-0065, 350-040-0070, 350-040-0080, 350-050-0020,
350-050-0035, 350-050-0040, 350-050-0045, 350-050-0060, 350-050-0070,
350-050-0080, 350-050-0085, 350-050-0090, 350-050-0100, 350-060-0040,
350-060-0042, 350-060-0045, 350-060-0050, 350-060-0055, 350-060-0060,
350-060-0070, 350-060-0080, 350-060-0100, 350-060-0110, 350-060-0120,
350-060-0130, 350-060-0160, 350-060-0170, 350-060-0190, 350-060-0200,
350-060-0205, 350-060-0210, 350-060-0220, 350-070-0040, 350-070-0042,
350-060-0045, 350-070-0050, 350-070-0070, 350-070-0080, 350-081-0020, 350-081-0082,
350-081-0540, 350-081-0560, 350-081-0570, 350-081-0580, 350-081-0590
Last Date for Comment: 2-1-11
Summary: Changes to All Rules except 350-081 are being made to clarify and
streamline internal Commission processes and process for users of Commission
rules These changes are needed to reduce workload for Commission staff as a
result of its significantly reduced budget during the past biennium and going
forward. Changes to rule 350-081 are required by remand from the Oregon Court
of Appeals and Oregon Supreme Court and a settlement agreement in another
pending litigation matter. Interested persons may contact the Commission Office
for copies of the relevant court decisions. These changes resulting from the
court decisions have been adopted into the management plan for the National
Scenic Area and received the concurrence of the Secretary of Agriculture. The
changes resulting from the settlement agreement are procedural for users and
commission staff.
Rules Coordinator: Nancy A. Andring
Address: Columbia River Gorge Commission, P.O. Box 730, White
Salmon, WA 98672
Telephone: (509) 493-3323
Rule
Caption: Revision of rules setting
standard, policies, and governance structures for state agency internal audit
functions.
Date: Time: Location:
1-19-11 9
a.m.** 155
Cottage St. NE
Conference
Rm. A
Salem,
OR 97301
Hearing Officer: Pamela Stroebel Valencia
Stat. Auth.: ORS 184.360
Stats. Implemented: ORS 184.360
Proposed Adoptions: 125-700-0120, 125-700-0125, 125-700-0130, 125-700-0135,
125-700-0140, 125-700-0145, 125-700-0150, 125-700-0155
Proposed Amendments: 125-700-0015
Proposed Repeals: 125-700-0012, 125-700-0020, 125-700-0025, 125-700-0030,
125-700-0035, 125-700-0040, 125-700-0045, 125-700-0050, 125-700-0055, 125-700-0060
Last Date for Comment: 1-19-11, 5 p.m.
Summary: **If no parties appear to testify by
9:30 a.m. the hearing will end.
The
Oregon Department of Administrative Services is responsible for adopting rules
setting standards and policies for internal audit functions within state
government according to 2005 Oregon Law, Chapter 373. Revisions to rule
125-700-0015 and adoption of rules 125-700-0120 through 125-700-0155 revise and
create policies and governance structures that are recommended for internal
audit functions within state government. These rules now align the policies and
governance structures more closely with professional auditing standards.
Rules Coordinator: Jeffery Kohlleppel
Address: 155 Cottage St. NE, U90, Salem,
OR 97301
Telephone: (503) 378-2349, ext. 325
Rule
Caption: Amendments to procurement and
contracting rules per DOJ review.
Date: Time: Location:
1-20-11 10
a.m. PEBB/OEBB
Boardroom
1225
Ferry St. SE
Salem,
OR 97301
Hearing Officer: OEBB Staff
Stat. Auth.: ORS 243.860–243.886
Stats. Implemented: ORS 243.864
Proposed Adoptions: 111-005-0047, 111-005-0055, 111-005-0080
Proposed Amendments: 111-005-0010, 111-005-0015, 111-005-0020, 111-005-0040,
111-005-0042, 111-005-0044, 111-005-0046, 111-005-0050, 111-005-0070
Proposed Repeals: 111-005-0060
Last Date for Comment: 1-31-11, 5 p.m.
Summary: All amendments made to OEBB’s Division 5 are changes that were
reviewed by DOJ. These amendments clarify that the DOJ Model Public Contract
Rules apply when OEBB’s and DAS’ procurement and contracting rules do not. In
addition, amendments made to Division 5 have been updated to reflect the more
detailed standards now found in the states public contracting and procurement
rules and statutes.
Rules Coordinator: April Kelly
Address: 1225 Ferry Street SE, Salem, OR 97301
Telephone: (503) 378-6588
Rule
Caption: Amended to update and
incorporate policies and By-laws into rule.
Date: Time: Location:
1-20-11 10
a.m. PEBB/OEBB
Boardroom
1225
Ferry St. SE
Salem,
OR 97301
Hearing Officer: Staff
Stat. Auth.: ORS 243.864–243.886
Stats. Implemented: ORS 243.864
Proposed Amendments: 111-002-0005
Last Date for Comment: 1-31-11, 5 p.m.
Summary: The amendments to 111-002-0005 include early retirees and
dependents as well as the educational entities that we provide services to and
ultimately impact. Other amendments to this rule also include statements about
what authority may be delegated to staff. Previously, this was in the OEBB
By-laws but did not exist in rule. These amendments incorporate into rule
several statements that are written in policy or the Board By-laws. Based upon
this new knowledge and review of our rules, it was determined that it is very important
to include several statements that guide our administrative processes into
rule. All amendments have been reviewed by DOJ.
Rules Coordinator: April Kelly
Address: Department of Administrative Services, Oregon
Educators Benefit Board, 1225 Ferry St. SE, Salem, OR
97301
Telephone: (503) 378-6588
Rule
Caption: Adopts carbon monoxide alarm
provisions amend the 2008 ORSC and 2010 OSSC.
Date: Time: Location:
1-18-11 10
a.m. 1535
Edgewater St. NW
Salem,
OR 97304
Hearing Officer: Richard Rogers
Stat. Auth.: ORS 447.231, 447247, 455.020, 455.030, 455.110, 455.112, 455.360,
455.525 & 455.610
Stats. Implemented: ORS 447.247, 455.110, 455.360, 455.112 & 455.610
Proposed Amendments: 918-460-0015, 918-480-0010
Last Date for Comment: 1-21-11, 5 p.m.
Summary: These proposed rules implement a portion of House Bill 3450,
approved by the 2009 Legislature, known as the Lofgren and Zander Memorial Act.
The bill requires carbon monoxide alarms to be installed in Group R structures
(as identified in Section 315 of the Oregon Structural Specialty Code) that is
either new construction or undergoes reconstruction, alteration or repair where
a building permit is required. Group R structures are regulated under either
the Oregon Structural Specialty Code (OSSC) or the Oregon residential Specialty
Code (ORSC). The bill requires that these provisions become effective April 1,
2011 amending both the 2010 OSSC and the 2008 ORSC, including Appendix N in the
2010 OSSC for low-rise residential apartments.
Rules Coordinator: Stephanie Snyder
Address: Department of Consumer and Business Services, Building
Codes Division, PO Box 14470, Salem, OR 97309
Telephone: (503) 373-7438
Rule
Caption: Adopts structural and
mechanical code provisions for the 2011 Oregon Residential Specialty Code.
Date: Time: Location:
1-18-11 9
a.m. 1535
Edgewater St. NW
Salem,
OR 97304
Hearing Officer: Richard Rogers
Stat. Auth.: ORS 183.335, 455.020, 455.030, 455.055, 455.110, 455.380,
455.525, 455.610 & 455.628
Other Auth.: 2009 OL Ch. 750 & 2010 OL Ch. 83
Stats. Implemented: ORS 183.335, 455.020, 455.055, 455.210, 455.525, 455.610, 455.628
Proposed Adoptions: Rules in 918-480
Proposed Amendments: Rules in 918-001, 918-480
Proposed Repeals: Rules in 918-001, 918-480
Last Date for Comment: 1-21-11, 5 p.m.
Summary: These proposed rules adopt the structural and mechanical code
provisions of the 2011 Oregon Residential Specialty Code. The structural and
mechanical provisions are from the 2009 edition of the international
residential Code with Oregon amendments. These rules also amend Appendix N,
which is applicable to low-rise residential apartments and located in the 2010
Oregon structural Specialty Code. Additionally, these proposed rules include
some non-substantive housekeeping changes to administrative rules that provide
clarity and consistency among the division’s rules.
Rules Coordinator: Stephanie Snyder
Address: Department of Consumer and Business Services, Building
Codes Division, PO Box 14470, Salem, OR 97309
Telephone: (503) 373-7438
Rule
Caption: Adopts the 2011 Oregon
Plumbing Specialty Code and low-rise plumbing provisions of 2011 Oregon
residential Specialty Code.
Date: Time: Location:
1-27-11 9:30
a.m. 1535
Edgewater St. NW
Salem,
OR 97304
Hearing Officer: Terry Swisher
Stat. Auth.: ORS 183.341, 447.010, 447.020, 455.020, 455.030, 455.110,
455.380, 455.525 & 693.103
Stats. Implemented: ORS 183.341, 447.010, 447.020, 455.020, 455.030, 455.110, 455.610
& 693.103
Proposed Adoptions: Rules in 918-480, 918-690, 918-750
Proposed Amendments: Rules in 918-480, 918-690, 918-750
Proposed Repeals: Rules in 918-480, 918-690, 918-750
Last Date for Comment: 1-28-11, 5 p.m.
Summary: These proposed rules adopt the 2011 Oregon Plumbing Specialty
Code based upon 2009 edition of the Uniform Plumbing Code published by the
International Association of Plumbing and Mechanical Officials with Oregon
specific amendments. These proposed rules also adopt the low-rise residential plumbing
provision for the 2011 Oregon Residential Specialty Code. Additionally, the
proposed rules include some non-substantive housekeeping changes to
administrative rule that provide clarity and consistency among the division’s
rules.
Rules Coordinator: Stephanie Snyder
Address: Department of Consumer and Business Services, Building
Codes Division, PO Box 14470, Salem, OR 97309
Telephone: (503) 373-7438
Rule
Caption: Amend the “Accredited
Investor” rule definition to conform to recent changes in federal law.
Date: Time: Location:
1-21-11 9
a.m. 350
Winter St. NE
Conference
Rm. F
Salem,
OR
Hearing Officer: Lauren Winters
Stat. Auth.: ORS 59.285
Other Auth.: Section 413 of the Dodd-Frank Wall Street Reform & Consumer
Protection Act (Dodd-Frank Act), Effective July 21, 2010
Stats. Implemented: ORS 59.035(5)
Proposed Amendments: 441-035-0010
Last Date for Comment: 1-28-11, 5 p.m.
Summary: The definition of an “accredited investor” under OAR
441-035-0010(5) is amended to exclude the value of a natural person’s primary
residence from the $1 million net worth calculation. The amended definition
reflects the modification of the federal “accredited investor” definition under
the Dodd-Frank Act.
Rules Coordinator: Shelley Greiner
Address: Department of Consumer and Business Services, Finance
and Corporate Securities, 350 Winter St. NE, Rm. 410, Salem, OR 97301
Telephone: (503) 947-7484
Rule
Caption: Annual Financial Reports for
Self-Insured Groups.
Date: Time: Location:
1-25-11 9:30
a.m.* Labor
& Industries Bldg.,
Conference
Rm. E
350
Winter St. NE
Salem,
OR
Hearing Officer: Jeannette Holman
Stat. Auth.: ORS 731.244
Stats. Implemented: ORS 30.282 (6) & 731.036
Proposed Adoptions: 836-011-0250, 836-011-0253, 836-011-0255, 836-011-0258, 836-011-0260
Last Date for Comment: 2-1-11
Summary: *NOTE: The hearing will begin at 9:30 a.m. and end when all
present who wish to testify have done so.
This
rule will clarify the requirements for annual financial statements filed by
self-insured groups comprising three or more public bodies. In particular it
will specify how to calculate annual contributions, require the financial
statement to be supported by an actuarial opinion, and provide a due date for
filing an annual statement.
Rules Coordinator: Sue Munson
Address: Department of Consumer and Business Services,
Insurance Division, 350 Winter St. NE, Salem, OR 97301
Telephone: (503) 947-7272
Rule
Caption: Changes to Oregon Standard
Health Statement.
Date: Time: Location:
2-3-11 10
a.m.* 350
Winter St. NE
Conference
Rm. E
Salem,
OR
Hearing Officer: Jeannette Holman
Stat. Auth.: ORS 731.244 & 743.773
Stats. Implemented: ORS 743.745 & 743.766
Proposed Amendments: 836-053-0510
Last Date for Comment: 2-11-11
Summary: *NOTE: The hearing will begin at 10:00 a.m. and end when all
present who wish to testify have done so.
This
rule is necessary to reflect the changes to the Oregon Standard Health
Statement recommended by the Health Insurance Reform Advisory Committee (HIRAC)
pursuant to ORS 743.766. The changes update the form to reflect the federal
Affordable Care Act’s rescission standard and its prohibition against insurers
limiting or denying coverage for persons under the age of 19 because of health
status or preexisting condition. The changes also include corrections of
clerical errors, moving a notice to a more prominent location, and the
inclusion of a HIRAC recommendation that insurers be allowed to review their
own claims history for those applicants 19 years of age or older. The rule as
amended refers to the Oregon Standard Health Statement as set forth on the State
of Oregon Insurance Division’s website at www.oregon.insurance.gov
Rules Coordinator: Sue Munson
Address: Department of Consumer and Business Services,
Insurance Division, 350 Winter St. NE, Salem, OR 97301
Telephone: (503) 947-7272
Rule
Caption: Annual Update of Rule
Relating to Health Insurance Coverage of Prosthetic and Orthotic Devices.
Stat.
Auth.: ORS 731.244 & 743A.144
Stats. Implemented: ORS 743A.144
Proposed Amendments: 836-052-1000
Last Date for
Comment: 2-15-11
Summary: This rulemaking adopts the annual update to the
Insurance Division rule listing the prosthetic and orthotic devices that must
be covered by group and individual health insurance policies. The rulemaking implements ORS 743A.144, which requires all such policies
that provide coverage for hospital, medical or surgical expenses to include
coverage for prosthetic and orthotic devices.
Rules Coordinator: Sue Munson
Address: Department of Consumer and Business Services,
Insurance Division, 350 Winter St. NE, Salem, OR 97301
Telephone: (503) 947-7272
Rule
Caption: Amendments to rules affecting
workers’ compensation medical fee schedules and medical services.
Date: Time: Location:
1-18-11 1:30
p.m.* Labor
& Industries Bldg.
350
Winter St. NE
Room
F (basement)
Salem,
OR
Hearing Officer: Fred Bruyns
Stat. Auth.: ORS 656.726(4), 656.248, 656.325
Stats. Implemented: ORS 656, 656.248, 656.252, 656.254 & 656.325
Proposed Amendments: Rules in 436-009, 436-010-0230, 436-010-0265, 436-010-0290,
436-060-0095
Last Date for Comment: 1-20-11
Summary: *NOTE: The hearing will begin at 1:30 p.m. and end when all
present who wish to testify have done so.
Unless
stated otherwise, references to “insurers” mean workers’ compensation insurers
and self-insured employers.
The
agency proposes to amend OAR chapter 436, division 009. These proposed rules
address:
•
Adoption of updated medical fee schedules and resources for the payment of
health care providers.
•
Data that must be included on hospital inpatient and outpatient bills.
• Billing requirements and payment criteria for ambulatory surgery
centers.
• Health care provider and payer communication regarding medical
bills, including explanations of benefits that accompany payments or denials of
payment.
•
Inclusion of certain Healthcare Common Procedure Coding System (HCPCS) level II
codes in the maximum allowable payment table (Appendix B).
• Maximum allowable payment when OAR 436-009 does not set a
maximum.
•
Documentation of time spent with a patient when constant attendance is
required, affecting physical medicine codes.
• Payment for independent medical examinations.
• Maximum allowable payment for drugs based on wholesale
acquisition cost or average wholesale price.
•
Procedures and forms required for clinical justifications when health care
providers prescribe certain drugs; results of failure by provider to submit
timely justification.
•
Prescription pricing guides to be used by insurers in calculating payment for
drugs.
•
Payment of interpreters when a worker fails to attend a medical appointment
required by the insurer or the director.
The
agency proposes to amend OAR chapter 436, division 010. These proposed rules
address:
•
Progress reporting by a physical therapist to the worker’s attending physician
and the insurer.
• The type and form of information the insurer must make
available to the health care provider to give to the patient at a scheduled
independent medical examination.
• Procedures for a worker to provide comments to the director about
an independent medical examination or to file a complaint.
•
Training requirements for health care providers to be included on the list of
authorized independent medical examination providers.
The
agency proposes to amend OAR chapter 436, division 060. These proposed rules
address:
• The information an insurer must include with the
independent medical examination appointment notice it sends to the worker.
Request
for public comment: The Workers’ Compensation Division requests public comment
on whether other options should be considered for achieving the rules’
substantive goals while reducing the negative economic impact of the rules on
business.
Address
questions or requests for paper copies of the rules to: Fred Bruyns, Rules
Coordinator; phone 503-947-7717; fax 503-947-7514; e-mail
fred.h.bruyns@state.or.us
Proposed
rules are available on the Workers’ Compensation Division’s Web site: http://wcd.oregon.gov/policy/rules/rules.html#proprules
Rules Coordinator: Fred Bruyns
Address: Department of Consumer and Business Services, Workers’
Compensation Division, PO Box 14480, Salem, OR 97309-0405
Telephone: (503) 947-7717
Rule
Caption: Short-Term Transitional Leave
for Inmates in DOC Institutions.
Stat.
Auth.: ORS 179.040, 421.166, 421.168,
423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 421.166, 421.168, 423.020, 423.030 &
423.075
Proposed Amendments: 291-063-0010, 291-063-0016, 291-063-0030
Last Date for
Comment: 1-24-11
Summary: These rule amendments are necessary to clarify and
update the eligibility requirements and approval process for
granting inmates short-term transitional leave. Other amendments are necessary
for housekeeping issues and organizational changes within the department.
Rules Coordinator: Janet R. Worley
Address: Department of Corrections, 2575 Center St. NE, Salem,
OR 97301-4667
Telephone: (503) 945-0933
Rule
Caption: Mental Health Special Housing
for Inmates in ODOC Institutions.
Stat.
Auth.: ORS 179.040, 423.020, 423.030
& 423.075
Stats. Implemented: ORS 179.040, 421.068, 421.180, 423.020, 423.030 &
423.075
Proposed Adoptions: 291-048-0230, 291-048-0240, 291-048-0270,
291-048-0280, 291-048-0320
Proposed Repeals: 291-048-0120, 291-048-0180
Proposed Ren. &
Amends: 291-048-0100 to 291-048-0200,
291-048-0110 to 291-048-0210, 291-048-0115 to 291-048-0220, 291-048-0130 to
291-048-0250, 291-048-0140 to 291-048-0260, 291-048-0150 to 291-048-0290,
291-048-0160 to 291-048-0300, 291-048-0170 to 291-048-0310, 291-048-0190 to
291-048-0330
Last Date for
Comment: 2-15-10
Summary: The department recognizes there are inmates it its
facilities with significant mental health issues. Modification of these rules
is necessary to safely manage and provide an environment oriented to mental
health treatment of this high-risk inmate population. Mental Health Special
Housing is separate and apart from the general inmate population. These rules
establish policy and procedures for assignment of an inmate to mental health
special housing who, because of mental health issues, is unable to adjust in
the general inmate population.
Rules Coordinator: Janet R. Worley
Address: Department of Corrections, 2575 Center St. NE, Salem,
OR 97301-4667
Telephone: (503) 945-0933
Rule
Caption: Expands the renewable
Portfolio Standard and address programmatic implementation issues.
Date: Time: Location:
1-25-11 9:30
a.m. Oregon
Dept. of Energy
625
Marion St. NE
Salem,
OR
Hearing Officer: Michael Schopf
Stat. Auth.: ORS 469A.005–469A.210
Other Auth.: ORS 469.040(1)(d)
Stats. Implemented: ORS 469A.005–469A.210
Proposed Adoptions: 330-160-0040, 330-160-0050
Proposed Amendments: 330-160-0015, 330-160-0020, 330-160-0025, 330-160-0030
Last Date for Comment: 2-1-11
Summary: Pursuant to ORS 469A130, the Oregon Department of Energy
(Department) is responsible for determining whether electricity
generating units (GU’s) are entitled to receive Oregon-eligible
Renewable Energy Certificates (REC’s). Oregon utilities are REC’s to comply
with their obligations under Oregon’s Renewable Portfolio Standard (RPS).
Previously, in OAR 330-160-0020, the Department selected the Western renewable
Energy generation Information System (WREGIS) as the electronic tracking system
for Oregon RECs. These rules carry out the amendments to ORS 469A in Or Laws
2010, Ch. 71 (HB 3649) (Special Session) and Or Laws 2010, Ch. 17 (HB 3674)
(Special Session) that increased the number of GU’s that may acquire Oregon
REC’s The rules also recognize a national organization to certify low-impact
hydroelectric facilities as mandated in ORS 469A.020 and address other issues
related to administering Oregon’s RPS, including the potential failure of
WREGIS’s to create and track RECs associated with certain electricity.
Rules Coordinator: Kathy Stuttaford
Address: Department of Energy, 625 Marion St. NE, Salem, OR
97301
Telephone: (503) 373-2127
Rule
Caption: Revised Water Quality
Standards for Human Health Toxic Pollutants and Revised Water Quality Standards
Implementation Policies.
Date: Time: Location:
2-1-11 1
p.m. Oregon
Dept. of Transportation
63055
N. Hwy. 97
Bend,
OR 97701
2-2-11 9
a.m. DEQ
Eugene Office
165
East 7th Ave., Suite 100
Eugene,
OR 97401
2-2-11 6
p.m. DEQ
Medford Office
221
Stewart Ave., Suite 201
Medford,
OR 97501
2-3-11 1:30
p.m. City
Hall, Council Chambers
500
Central Ave.
Coos
Bay, OR 97420
2-7-11 3:30
p.m. Ontario
City Hall
444
SW 4th St.
Ontario,
OR 97914
2-8-11 2
p.m. St.
Anthony’s Hospital
1601
SE Court Ave.
Pendleton,
OR 97801
2-10-11 6
p.m. DEQ
Headquarters, Rm. EQC A
811
SW 6th Ave.
Portland,
OR 97204
Hearing Officer: Eric Nigg, Bobbie Lindberg, Bill Meyer/Jon Gasik, Pam Blake,
Debra Sturdevant, Joanie Stevens-Schwenger
Stat. Auth.: ORS 468B.010, 468B.020, 468B.035, 468B.110, & 468.020
Stats. Implemented: ORS 468B.048
Proposed Adoptions: 340-041-0059, 340-045-0105
Proposed Amendments: 340-041-0007, 340-041-0033, 340-041-0061, 340-042-0040, 340-042-0080
Last Date for Comment: 2-18-11, 5 p.m. PST
Summary: DEQ uses Oregon’s water quality standards to implement Clean
Water Act programs, which includes assessing Oregon’s water quality and
developing and enforcing wastewater discharge permits, Total Maximum Daily
loads and water quality certifications. The proposed rules amend Oregon’s water
quality standards for toxic pollutants and other water quality standards and
policies related to the application and implementation of the water quality
standards in Clean Water Act and state nonpoint source control programs.
Proposed
rule amendments:
Human
health toxics criteria (OAR 340-041-0033): Revised numeric criteria based
on an increased fish consumption rate of 175 grams per day. Criteria that are
not based on a fish ingestion method are not revised. Additional criteria
revisions incorporate EPA’s 2002 criteria recommendations, which include added
pollutants and revisions to other variables (such as toxicity factors) used to
derive some criteria. The rule also specifies that the new criteria become
effective upon approval by the Environmental Protection Agency.
Variance
provision (OAR 340-041-0061(2) being moved to OAR 340-041-0059): Revised
rule specifies procedures and requirements, including a pollutant reduction
plan, to obtain a variance from water quality standards. A variance establishes
alternate requirements for a discharger when it demonstrates that permit limits
based on water quality standards cannot be met based on one of six
justification factors. Variances require EPA approval.
Nonpoint
source pollution (OAR 340-041-0007 and 340-041-0061): Revised water quality
standards implementation rules pertaining to agriculture and forestry are
proposed to make DEQ’s rules consistent with state statutes affecting nonpoint
sources of pollution.
Total
maximum daily loads (TMDLs) (OAR 340-042-0040 and 340-042-0080): Makes
DEQ’s rules consistent with state statutes to allocate load limits to air and
land sources of pollutants in establishing TMDLs.
Proposed
new rules:
Intake
credits (OAR 340-045-0105): New permitting provision that allows DEQ to
account for background pollutants that are present in a discharger’s intake
water and pass through the facility as long as the discharge does not increase
the mass or concentration of the pollutant.
Background
pollutant allowance (OAR 340-041- 0033): New provision in the toxic
substances water quality standards that allows a limited increase in the
concentration of pollutants present in a discharger’s intake water as long as
the facility does not discharge added mass load of the pollutant and the
ambient water body concentration does not exceed a 10-4 (1 in 10,000) risk
level value.
In
October, 2008, the Environmental Quality Commission directed DEQ to pursue
rulemaking to set new water quality standards for toxic pollutants in Oregon
based upon on an increased fish consumption rate of 175 grams per day. The
commission also directed DEQ to propose rule language or develop other
implementation strategies to: 1) reduce the adverse impacts of toxic substances
in Oregon’s waters that are the result of nonpoint source discharges or other
sources not subject to permitting, and 2) allow DEQ to implement the standards
in an environmentally meaningful and cost-effective manner. The proposed rules
respond to these EQC directives. The proposed human health toxics criteria
revisions correct deficiencies identified by the Environmental Protection Agency
in their June 2010 disapproval of the human health criteria adopted by the EQC
in June, 2004.
For
additional information regarding this rulemaking, please contact: Andrea Matzke
at the Department of Environmental Quality, call toll free in Oregon 800-452-4011
or 503-229-5384, or visit DEQ’s public notices webpage
http://www.deq.state.or.us/news/publicnotices/PN.asp
To
comment on this rulemaking, submit your comments to: Andrea Matzke, Oregon
Department of Environmental Quality, 811 SW 6th Ave, Portland, Oregon, 97204,
or by fax to 503-229-6037, or by email to ToxicsRuleMaking@deq.state.or.us (if
you do not receive an auto response to your emailed comments, contact staff
listed above).
Rules Coordinator: Maggie Vandehey
Address: Department of Environmental Quality, 811 SW Sixth
Ave., Portland, OR 97204-1390
Telephone: (503) 229-6878
Rule
Caption: New Source Review,
Particulate Matter and Greenhouse Gas Permitting Requirements and Other
Permitting Rule Updates.
Date: Time: Location:
1-24-11 12:30
p.m. LRAPA,
Conference Rm.
1010
Main St.
Springfield,
OR 97477
2-28-11 12:30
p.m. LRAPA,
Conference Rm.
1010
Main St.
Springfield,
OR 97477
Hearing Officer: Max Hueftle
Stat. Auth.: ORS 468.020 & 468A.025
Other Auth.: LRAPA Title 14
Stats. Implemented: ORS 468.065, 468A.040, 468A.055 & 468A.310
Proposed Amendments: 340-200-0040
Last Date for Comment: 2-28-11, 3 p.m.
Summary: PM2.5 New Source Review/Prevention of Significant
Deterioration: This proposed rulemaking would adopt NSR/PSD rules for fine
particles (PM2.5 or particulate matter less than 2.5 microns in
diameter) adopted by a temporary rule on August 23, 2010. The unexpired
temporary rule will be repealed upon adoption of the final rule. The proposed
rule amendments align LRAPA’s rules with federal requirements to allow LRAPA to
continue to implement the NSR/PSD program in Lane County.
Greenhouse
Gas (GHG) New Source Review/Prevention of Significant Deterioration: LRAPA
is proposing rules that would update the PSD program to include greenhouse
gases in response to regulations promulgated by EPA. Additional proposed
changes clarify requirements based on past implementation of LRAPA’s NSR/ PSD
rules. Adoption of the rules will allow LRAPA to continue implementing the Prevention
of Significant Deterioration program in Lane County.
Small
Scale Renewable Energy Sources: EPA requires state and local air agencies
to have minor source construction approval programs, but gives flexibility in
how to do this. LRAPA’s minor source construction approval program basically
applies major source NSR/PSD requirements to any source with emissions over the
Significant Emission Rate (SER). HB 2952 revised how the minor source
construction approval program works for small scale local energy projects.
Permitting
Rule Updates: The permitting rule updates would align rules with federal
standards, correct typographical errors and create permitting and/or
registration requirements for many sources subject to new Area Source National
Emission Standards for Hazardous Air Pollutants (Area Source NESHAPs).
These
amendments, if adopted, will be submitted to the DEQ and U.S. Environmental
Protection Agency (EPA) as a revision to the State Implementation Plan, which
is a requirement of the Clean Air Act
To
request additional information regarding this rulemaking or submit comments,
please contact Max Hueftle, Lane Regional Air Protection Agency (LRAPA ), 1010 Main St., Springfield, OR 97477, toll free at
877-285-7272 or (541) 736-1056, or at max@lrapa.org or fax at (541) 726-1205,
or visit LRAPA’s website www.lrapa.org
Rules Coordinator: Maggie Vandehey
Address: Department of Environmental Quality, 811 SW Sixth
Ave., Portland, OR 97204-1390
Telephone: (503) 229-6878
Rule
Caption: Oregon Low Emission Vehicles
– 2011 Update.
Date: Time: Location:
1-24-11 7
p.m. DEQ
Headquarters
811
SW Sixth Ave.
Portland,
OR
Hearing Officer: Staff
Stat. Auth.: ORS 468.020, 468.065, 468A.010, 468A.015, 468A.025, 468A.040
& 468A.360
Stats. Implemented: ORS 468.020
Proposed Amendments: 340-257-0030, 340-257-0050, 340-257-0060, 340-257-0070,
340-257-0090, 340-257-0110, 340-257-0120, 340-257-0140
Last Date for Comment: 1-27-11, 5 p.m.
Summary: Oregon adopted California’s motor vehicle emissions standards as
allowed by the federal Clean Air Act and is obligated to have the same rule
requirements as California. This proposed rulemaking will update Oregon’s Low Emission Vehicle program by incorporating California’s
current regulations. The most prominent changes will allow auto manufacturers
the option to use streamlined methods to demonstrate they meet greenhouse gas
emission limits. The proposed amendments will also adjust Zero Emission Vehicle
goals to allow the use of Plug-in Hybrid Electric Vehicles and will incorporate
numerous additional revisions.
To
request additional information regarding this rulemaking, please contact: Dave
Nordberg at the Department of Environmental Quality, call toll free in Oregon
800-452-4011 or (503) 229-5519, or visit DEQ’s public notices webpage:
www.deq.state.or.us/regulations/rulesandlaws.htm
To
comment on this rulemaking, submit your comments to: Dave Nordberg, Oregon
Department of Environmental Quality, 811 SW Sixth Avenue, Portland, OR 97204 or
by fax to (503) 229-5675, or by email to Oregon.LEV2011@deq.state.or.us (if
you do not receive an auto response to your emailed comments, contact staff
listed above).
Rules Coordinator: Maggie Vandehey
Address: Department of Environmental Quality, 811 SW Sixth
Ave., Portland, OR 97204-1390
Telephone: (503) 229-6878
Rule
Caption: Columbia River Sturgeon,
Salmon, Smelt and Miscellaneous Fishing Regulations for 2011.
Date: Time: Location:
2-4-11 8
a.m. Dept.
of Fish & Wildlife
3406
Cherry Ave.,
Commission
Rm.
Salem,
OR 97103
Hearing Officer: Fish & Wildlife Commission
Stat. Auth.: ORS 183.325, 496.138, 496.146, 506.109 & 506.119
Stats. Implemented: ORS 496.162, 506.129 & 507.119
Proposed Adoptions: Rules in 635-017, 635-023, 635-041, 635-042
Proposed Amendments: Rules in 635-017, 635-023, 635-041, 635-042
Proposed Repeals: Rules in 635-017, 635-023, 635-041, 635-042
Last Date for Comment: 2-4-11
Summary: Consider amendments of rules related to: (1) Non-Treaty
commercial sturgeon and smelt fishing in the Columbia River and Select Areas;
(2) Treaty commercial fisheries; and (3) recreational salmon and sturgeon
fishing in the Columbia and Willamette rivers.
Housekeeping
and technical corrections to the regulations may occur to ensure rule
consistency.
Rules Coordinator: Therese Kucera
Address: Department of Fish and Wildlife, 3406 Cherry Ave. NE,
Salem, OR 97303
Telephone: (503) 947-6033
Rule
Caption: Amend Rules Relating to
Wildlife Taxonomy and the Controlled, Non-Controlled, Exempt and Prohibited
Species Lists.
Date: Time: Location:
2-4-11 8
a.m. 3406
Cherry Ave.
Salem,
OR 97303
Hearing Officer: Fish & Wildlife Commission
Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312,
497.318, 498.022, 498.029, 498.052, 498.222, 498.242 & SB 391 (2009 Laws.
Ch. 492)
Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312,
497.318, 498.022, 498.029, 498.052, 498.222, 498.242 & SB 391 (2009 Laws.
Ch. 492)
Proposed Amendments: Rules in 635-044, 635-056, 635-057
Last Date for Comment: 2-4-11
Summary: Review, update and amend rules relating to controlled,
non-controlled, exempt and prohibited species. Specific rule changes include:
updating taxonomic standards, updating scientific and common names. Amend rules
to implement portions of SB 391, enacted by the 2009 Legislative Assembly. This
amendment moves Crocodylia from a non-controlled to exempt species. Amendments
may also include housekeeping and other changes necessary to update the rules.
Rules Coordinator: Therese Kucera
Address: Department of Fish and Wildlife, 3406 Cherry Ave. NE,
Salem, OR 97303
Telephone: (503) 947-6033
Rule
Caption: Repeal rules relating to
Early Intervention Services and Intermediate Care Facilities for MR/DD.
Date: Time: Location:
1-21-11 2
p.m. Human
Services Bldg.
500
Summer St. NE, Rm. 137A
Salem,
OR 97301
Hearing Officer: Staff
Stat. Auth.: ORS 409.050 & 410.070
Stats. Implemented: ORS 409.050 & 410.070
Proposed Repeals: 309-041-0200, 309-041-0205, 309-041-0210, 309-041-0215,
309-041-0220, 309-041-0225, 309-041-0230, 309-041-0235, 309-041-0240,
309-041-0245, 309-041-0250, 309-041-0255, 309-043-0000, 309-043-0005,
309-043-0010, 309-043-0015, 309-043-0020, 309-043-0025, 309-043-0030,
309-043-0035, 309-043-0040, 309-043-0045, 309-043-0050, 309-043-0055,
309-043-0060, 309-043-0065, 309-043-0070, 309-043-0075, 309-043-0080,
309-043-0085, 309-043-0090, 309-043-0095, 309-043-0100, 309-043-0105,
309-043-0110, 309-043-0115, 309-043-0120, 309-043-0125, 309-043-0130,
309-043-0135, 309-043-0140, 309-043-0145, 309-043-0150, 309-043-0155,
309-043-0160, 309-043-0165, 309-043-0170, 309-043-0175, 309-043-0180,
309-043-0185, 309-043-0190, 309-043-0195, 309-043-0200
Last Date for Comment: 1-24-11, 5 p.m.
Summary: The Department of Human Services (DHS), Seniors and People with Disabilities Division (SPD) is proposing to repeal:
•
OAR 309-041-0200 to 309-041-0255 relating to early intervention services (EIS).
SPD no longer provides EIS and the statutory authority for EIS was transferred
to the Department of Education (DOE). DOE adopted OAR 581-015-2700 to 581-015-2910
relating to EIS in 1992.
•
OAR 309-043-0000 to 309-043-0200 relating to intermediate care facilities for
mentally retarded and other developmentally disabled persons (ICF/MR). SPD no
longer has an ICF/MR to offer and is currently working on statutory revisions
to remove references of ICF/MRs.
Rules Coordinator: Christina Hartman
Address: Department of Human Services, Seniors and People with
Disabilities Division, 500 Summer St. NE, E-10, Salem, OR 97301
Telephone: (503) 945-6398
Rule
Caption: A thorough review and
revision of the Organizational Camp rules.
Date: Time: Location:
1-18-11 1
p.m. Portland
State Office Bldg.
800
NE Oregon St., Rm. 1-C
Portland,
OR 97232
Hearing Officer: Jana Fussell
Stat. Auth.: ORS 446.330
Stats. Implemented: ORS 446.310–446.350
Proposed Adoptions: 333-030-0106, 333-030-0107
Proposed Amendments: 333-030-0015, 333-030-0020, 333-030-0025, 333-030-0030,
333-030-0035, 333-030-0040, 333-030-0045, 333-030-0050, 333-030-0055,
333-030-0060, 333-030-0070, 333-030-0075, 333-030-0080, 333-030-0085,
333-030-0090, 333-030-0095, 333-030-0100, 333-030-0103, 333-030-0105,
333-030-0110, 333-030-0115, 333-030-0120, 333-030-0125
Last Date for Comment: 1-22-11, 5 p.m.
Summary: The Oregon Health Authority, Public Health Division is proposing
to permanently adopt and amend the Oregon Administrative Rules in chapter 333,
division 30, related to organizational camp licensing and regulation. These
changes to the organizational camp rules modernize and provide more flexibility
in the organizational camp regulations to address new health and safety
concerns, types of operation, year-around operation, and new activities and
programs. The rules help address the concerns of camp license holders
concerning accountability for contract and rental operations with other groups
and organizations.
Rules Coordinator: Brittany Sande
Address: Department of Human Services, Public Health Division,
800 NE Oregon St., Suite 930, Portland, OR 97232
Telephone: (971) 673-1291
Rule
Caption: Amends OSP’s rules allowing
criminal justice Regional Information Sharing Systems access to offender
information.
Date: Time: Location:
1-25-11 12
p.m. Department
of Public Safety
Standards
& Training
4190
Aumsville Hwy. SE
Salem,
OR 97317
Hearing Officer: Patricia Whitfield
Stat. Auth.: ORS 181.548
Stats. Implemented: ORS 181.548
Proposed Amendments: 257-010-0015, 257-010-0020, 257-010-0025, 257-010-0045, 257-010-0050
Proposed Repeals: 257-010-0015(T), 257-010-0020(T), 257-010-0025(T),
257-010-0045(T), 257-010-0050(T)
Last Date for Comment: 1-21-11
Summary: Pursuant to ORS 181.030, each member of the Department is
authorized and empowered to prevent crime, pursue and apprehend offenders,
obtain legal evidence necessary to ensure criminal convictions of offenders,
institute criminal proceedings, and execute any lawful warrant or order of
arrest issued against any person or persons for any violation of law. Regional
Information Sharing Systems RISS) are inter-jurisdictional intelligence
entities designed to identify, target, and remove criminal conspiracies and activities
and terrorist conspiracies and actives that span jurisdictional boundaries,
pursuant to 42 USC section 3796(h) and 28 CFR Part 23. While membership in
RISSs is limited to law enforcement agencies, how an RISS functions as an
entity differs across the United States. In some cases, the RISS is operated
and managed by a criminal justice agency. In other cases, the RISS is created
as a distinct legal entity, i.e. a non-profit corporation. While the
Department’s current administrative rules allow criminal justice agencies to
access criminal offender information for criminal justice purposes, its rules
do not allow RISSs created as distinct legal entities to access criminal
offender information. Allowing RISS, even even when they are created as distinct
legal entities, clearly advances the duties and responsibilities placed on OSP
by the Oregon legislature. The amendments to OAR 257-010-0015, 257-010-0020,
257-010-0025, 257-010-0045, and 257-010-0050 allow all RISSs to access the
Department’s criminal offender information so that both the RISSs and the
Department can carry our their missions of stopping criminal and terrorist
conspiracies and activities that occur across state jurisdictional lines.
The
Agency will accept public comment at the rulemaking hearing and in writing up
to January 21, 2011.
Rules Coordinator: Cort Dokken
Address: Department of Oregon State Police, 255 Capitol St. NE,
4th Floor, Salem, OR 97310
Telephone: (503) 934-0228
Rule
Caption: Revises the authority of Law
Enforcement to access Firearm Instant Check System information for criminal
investigations.
Date: Time: Location:
1-25-11 10
a.m. Department
of Public Safety
Standards
& Training
4190
Aumsville Hwy. SE
Salem,
OR 97317
Hearing Officer: Patricia Whitfield
Stat. Auth.: ORS 166.412
Stats. Implemented: ORS 166.412
Proposed Amendments: 257-010-0055
Proposed Repeals: 257-010-0055(T)
Last Date for Comment: 1-21-11
Summary: This rule amend Oregon Administrative Rule (OAR) 257-010-0055 by
deleting that portion of subsection (2) that authorizes law enforcement
agencies to access the Department’s Firearm Instant Background Check (FICS)
when they are conducting general criminal investigations. ORS 166.412(8)
provides that “[a] law enforcement agency may inspect the records of a gun
dealer relating to transfers of handguns with the consent f a gun dealer in the
course of a reasonable inquiry during a criminal investigation or under the
authority of a properly authorized subpoena or search warrant.” Effective
December 7, 2000, the provisions of ORS 166.412 apply to the transfer of
firearms other than handguns to the same extent that they apply to the transfer
of handguns. See ORS 166.434(1). The Department has recently revised its policy
to discontinue the practice of law enforcement accessing FICS for criminal
investigatory purposes and this rule implement that policy.
The
Agency will accept public comment at the hearing or in writing if received by
January 21, 2011.
Rules Coordinator: Cort Dokken
Address: Department of Oregon State Police, 255 Capitol St. NE,
4th Floor, Salem, OR 97310
Telephone: (503) 934-0228
Rule
Caption: Defining tangible personal
property for corporation tax apportionment.
Date: Time: Location:
1-24-11 10
a.m.* 955
Center St. NE
Salem,
OR
Hearing Officer: Staff
Stat. Auth.: ORS 305.100 & 314.665
Stats. Implemented: ORS 314.665
Proposed Amendments: 150-314.665(2)-(A)
Proposed Repeals: 150-314.665(2)-(A)(Temp)
Last Date for Comment: 1-24-11, 5 p.m.
Summary: *Sign in beginning at 9:45. If no person appears to testify the
hearing will adjourn at 10:15.
The
permanent rule is amended to add a definition of “tangible personal property”
from the Multistate Tax Commission Streamlined Sales Tax Agreement in new
section (1). Amend wording in renumbered section (6) to clarify that the
provision applies when property is shipped to a purchaser in another state,
rather than a consignee, making the policy statement consistent with the
following example. Also provide that renumbered section (8) is authorized under
ORS 314.670.
Rules Coordinator: Debra L. Buchanan
Address: 955 Center St. NE, Salem, OR 97301-2555
Telephone: (503) 945-8653
Rule
Caption: Determining Oregon sales of
electricity or natural gas for corporation tax apportionment.
Date: Time: Location:
1-24-11 10
a.m.* 955
Center St. NE
Salem,
OR
Hearing Officer: Staff
Stat. Auth.: ORS 305.100
Stats. Implemented: ORS 314.665
Proposed Adoptions: 150-314.665(2)-(C)
Proposed Repeals: 150-314.665(2)-(C)(Temp)
Last Date for Comment: 1-24-11, 5 p.m.
Summary: *Sign in beginning at 9:45. If no person appears to
testify the hearing will adjourn at 10:15.
The
proposed rule outlines a long standing corporation tax
policy for computing sales of electricity and natural gas for purposes of the
Oregon sales factor. The temporary rule that suspended operation of the 2007
rule is proposed for repeal.
Rules Coordinator: Debra L. Buchanan
Address: 955 Center St. NE, Salem, OR 97301-2555
Telephone: (503) 945-8653
Rule
Caption: Action Taken Upon Failure to
Establish Identity when Committing an Act in ORS 809.310(a) through (h).
Stat.
Auth.: ORS 184.616, 184.619, 802.010,
807.021 & 807.024
Stats. Implemented: ORS 807.021, 807.024, 807.400, 809.135, 809.310,
809.320 & 809.411
Proposed Amendments: 735-062-0016, 735-070-0004
Last Date for
Comment: 1-21-11
Summary: Before issuing a driver license or identification card
(ID card), a person must submit to collection of biometric data in order to
establish the person’s identity. This means DMV takes a digital photograph of
an applicant for an original, renewal or replacement driver license or ID card,
which is then compared to all other digital photos in the DMV database using
facial recognition software. Based on this new technology, DMV has identified
many cases where a person was issued a driver license or ID card in a false
name. Often this occurred many years before when the person obtained
identification because he or she was under 21 years of age.
It has been DMV’s policy to suspend a
person’s driving privileges and cancel any driver license or identification card,
and to suspend the person’s right to apply for driving privileges and an
identification card for one year when it is determined the person has committed
an act listed in ORS 809.310(3). These acts include submitting false
information to DMV, using an invalid license obtained by fraud, or giving false
information to a police officer. DMV recently reviewed this policy and
determined the sanction is too harsh in most instances, particularly since the
majority of these situations arise because the person applied for a false
driver license or ID card several years ago in order to misrepresent his or her
age. State issued identification, either in the form of a driver license or ID
card, is a necessity in today’s world. Taking both a driver license and ID card
away from a person for a year can have a devastating effect on the person’s
ability to maintain a job, complete financial transactions and travel. DMV has
therefore changed its policy and will not suspend an identification card and a
person’s right to apply for an identification card under these circumstances,
although DMV will cancel an ID card that has been issued in a false name.
DMV therefore proposes to amend OAR
735-062-0016 and 735-070-0004 to delete the requirement that DMV suspend an ID
card or the right to apply for an ID card when the person commits an act set
forth in ORS 809.310(3). The proposed rule amendments also correct a statutory
citation in OAR 735-062-0016. The proposed amendments to OAR 735-070-0004 also
clarify that DMV will suspend driving privileges and the right to apply for
driving privileges in all cases where DMV has determined that the person has
knowingly committed an act listed in ORS 809.310(3)(a) through (h).
Text of proposed and recently adopted
ODOT rules can be found at website http://www.oregon.gov/ODOT/CS/RULES/
Rules Coordinator: Lauri Kunze
Address: Department of Transportation, Driver and Motor Vehicle
Services Division, 3930 Fairview Industrial Dr. SE, Salem, OR 97302
Telephone: (503) 986-3171
Rule
Caption: ODOT intends to amend rules
re-adopting IRP, HVUT, and IFTA regulations and designate voting official.
Stat.
Auth.: ORS 184.616, 184.619, 823.011,
825.555, 826.003 & 826.007
Stats. Implemented: ORS 184.616, 184.619, 823.011, 825.555, 826.003 &
826.007
Proposed Amendments: 740-200-0010, 740-200-0020, 740-200-0040
Last Date for
Comment: 1-21-11
Summary: Many provisions of the International Registration Plan
(IRP) related to commercial vehicle apportioned registration have been revised.
It is necessary to amend OAR 740-200-0010 to adopt the revised version of IRP
and all amendments with the effective date of January 1, 2011 to ensure
compliance with, and uniformity in application of the IRP. The plan requires
the assignment of a voting member from each jurisdiction. The proposed
amendment specifies the Administrator of the Motor Carrier Transportation Division
(MCTD) as the designated voting member for Oregon. Title 26 Code of Federal
Regulations (CFR) Part 41 (Heavy Vehicle Use Tax – HVUT) requires the
State to confirm proof of payment of the tax, and require proof of payment by
the State as a condition of issuing a registration for a highway motor vehicle.
The amendment of OAR 740- 740-200-0020 adopts HVUT and amendments with the
effective date of January 1, 2011, and ensures Oregon remains current with
national commercial motor vehicle registration standards. International Fuel
Tax Agreement (IFTA) and associated material are applicable to Oregon-based
motor carriers who participate in IFTA as a way to report and pay fuel tax to
other jurisdictions. The revision to OAR 740-200-0040 adopts the most recent version
of IFTA and associated material as the procedures and guidelines for
Oregon-based IFTA participants with the effective date of January 1, 2011 to
ensure Oregon remains current with the international IFTA standards.
Text of proposed and recently adopted
ODOT rules can be found at website http://www.oregon.gov/ODOT/CS/RULES/
Rules Coordinator: Lauri Kunze
Address: Department of Transportation, Motor Carrier
Transportation Division, 3930 Fairview Industrial Dr. SE, Salem, OR 97302
Telephone: (503) 986-3171
Rule
Caption: Emergency Vehicle designation
for ODOT and non-ODOT vehicles.
Stat.
Auth.: ORS 184.616, 184.619, 801.260,
820.350 & 820.370
Stats. Implemented: ORS 801.260, 815.230, 816.310, 820.350 & 820.370
Proposed Adoptions: 737-100-0010, 737-100-0040
Proposed Ren. &
Amends: 735-100-0030 to 737-100-0030
Last Date for
Comment: 1-21-11
Summary: These amendments will streamline internal and customer
processes resulting in labor and time savings for all
affected parties. ODOT has internal policies in place that preclude it from
having to provide the same information that non-ODOT requestors of Emergency
Vehicle designation must provide. This rule change clarifies procedures for
ODOT-owned vehicles, and more clearly defines external candidate vehicles.
Also, this rule revision moves the rule from Chapter 735 (DMV) to Chapter 737
(TSD) which has administrative responsibility for
Emergency Vehicle designations.
Text of proposed and recently adopted
ODOT rules can be found at website http://www.oregon.gov/ODOT/CS/RULES/
Rules Coordinator: Lauri Kunze
Address: Department of Transportation, Transportation Safety
Division, 3930 Fairview Industrial Dr. SE, Salem, OR
97302
Telephone: (503) 986-3171
Rule
Caption: Amendment and renumber of
Pain Management Commission Rules.
Stat.
Auth.: ORS 409.570
Stats. Implemented: ORS 409.500–409.570
Proposed Ren. &
Amends: 407-020-0000 to 409-050-0100,
407-020-0005 to 409-050-0110, 407-020-0010 to 409-050-0120, 407-020-0015 to
409-050-0130,
Last Date for
Comment: 1-21-11, 5 p.m.
Summary: The Office for Oregon Health Policy and Research needs
to amend and renumber 407-020-0000 through 407-020-0015. The rule is being
moved from Chapter 407 (Administrative Services Division) to Chapter 409
(Office for Oregon Health Policy and Research) to align and update references
consistent with agency reorganization. Language has been clarified to show that
material is reviewed every two years and updated as needed.
Rules Coordinator: Zarie Haverkate
Address: 1225 Ferry St. SE, 1st Floor, Salem,
OR 97301
Telephone: (503) 373-1579
Rule
Caption: Amendments to Safety Net
Capacity Grant Program Rules.
Stat.
Auth.: ORS 413.225
Stats. Implemented: ORS 413.225 & 414.231
Proposed Amendments: 409-110-0000, 409-110-0005, 409-110-0010,
409-110-0015, 409-110-0020
Last Date for
Comment: 1-21-11, 5 p.m.
Summary: The Office for Oregon Health Policy and Research
(OHPR) is amending rules to align and update references consistent with agency
reorganization and simplify the process for considering and making
recommendations on submitted proposals and notification of applicants.
Rules Coordinator: Zarie Haverkate
Address: 1225 Ferry St. SE, 1st Floor, Salem,
OR 97301
Telephone: (503) 373-1574
Rule
Caption: Adopt and amend rules for the
Healthy KidsConnect Program.
Stat.
Auth.: ORS 414.231 & 414.826
Stats. Implemented: ORS 414.231 & 414.826
Proposed Adoptions: 442-010-0200, 442-010-0210, 442-010-0220,
442-010-0230, 442-010-0240, 442-010-0250, 442-010-0260, 442-010-0270,
442-010-0280, 442-010-0290
Proposed Amendments: Rules in 442-010, 442-010-0020, 442-010-0030, 442-010-0040,
442-010-0055, 442-010-0060, 442-010-0070, 442-010-0100, 442-010-0110,
442-010-0120, 442-010-0190
Last Date for
Comment: 1-22-11
Summary: The Office of Private Health Partnerships is amending
permanent administrative rules for the Healthy KidsConnect program. These
rules, 442-010-0010 through 442-010-0190, apply to all Healthy KidsConnect and
Healthy Kids Employer Sponsored Insurance plans issued on or after February 1,
2010.
The Office of Private Health
Partnerships is adopting administrative rules for the Health KidsConnect
Program. Rules include: Termination of Subsidy, Misrepresentation/Civil
Penalty, Overpayments, Payment Plans, Collections, Audits, Appeals, Contested
Case Hearings, Member/HKC Carrier – Grievances and Appeals, and Rule
Authorizing Agency Representative. These rules, 442-010-0200 through
442-010-0290, apply to all Healthy KidsConnect and Healthy Kids Employer Sponsored
Insurance plans issued on or after February 1, 2010.
Rules Coordinator: Margaret Moran
Address: Office of Private Health Partnerships, 250 Church St.
SE, Suite 200, Salem, OR 97310
Telephone: (503) 378-5664
Rule Caption: Modifies rule relating to
administration of pupil transportation.
Date: Time: Location:
1-26-11 1
p.m. 255
Capitol St. NE, Rm. 200A
Salem,
OR 97310
Hearing Officer: Cindy Hunt
Stat. Auth.: ORS 327.013, 820.100–820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120
Proposed Amendments: 581-053-0002
Last Date for Comment: 1-16-11, 5 p.m.
Summary: Clarifies terminology used in regards to the administration of
pupil transportation.
Rules Coordinator: Diane Roth
Address: 255 Capitol St. NE, Salem, OR 97310
Telephone: (503) 947-5791
Rule
Caption: Modifies rule relating to
school bus driver training and certification.
Date: Time: Location:
1-26-11 1
p.m. 255
Capitol St. NE, Rm. 200A
Salem,
OR 97310
Hearing Officer: Cindy Hunt
Stat. Auth.: ORS 327.013 & 820.100–820.120
Stats. Implemented: ORS 327.013, 820.100, 820.105 & 820.110 & 820.120
Proposed Amendments: 581-053-0006
Last Date for Comment: 1-26-11, 5 p.m.
Summary: The rule amendments bring rule into alignment with state and
federal law changes that take effect in January 2012 and January 2014. The
changes reflect that testing and training must occur prior to the driver
submitting an application. The amendments also reconnect our rule to federal
regulations and clarify provisions.
Rules Coordinator: Diane Roth
Address: 255 Capitol St. NE, Salem, OR 97310
Telephone: (503) 947-5791
Rule
Caption: Removes the maximum project
award limit of $300,000.
Date: Time: Location:
1-19-11 8
a.m. 725
Summer St. NE
Conference
Rm. 124B
Salem,
OR 97301
Hearing Officer: Tony Penrose
Stat. Auth.: ORS 456.515–456.720 & 458.600–458.630
Stats. Implemented: ORS 456.555
Proposed Amendments: 813-043-0030
Last Date for Comment: 2-8-11, 5 p.m.
Summary: 813-043-0030 Removes the maximum project
award limit of $300,000.
Rules Coordinator: Sandy McDonnell
Address: 725 Summer St. NE, Suite B, Salem OR 97301-1266
Telephone: (503) 986-2012
Rule
Caption: Removes the maximum project
award limit of $300,000.
Date: Time: Location:
1-19-11 8
a.m. 725
Summer St. NE
Conference
Rm. 124B
Salem,
OR 97301
Hearing Officer: Tony Penrose
Stat. Auth.: ORS 456.515–456.720 & 458.600–458.630
Stats. Implemented: ORS 456.555
Proposed Amendments: 813-042-0030
Last Date for Comment: 2-8-11, 5 p.m.
Summary: 813-042-0030 Removes the maximum project
award limit of $300,000.
Rules Coordinator: Sandy McDonnell
Address: 725 Summer St. NE, Suite B, Salem OR 97301-1266
Telephone: (503) 986-2012
Rule
Caption: Provides clarification on the
program requirements, program administration and monitoring.
Date: Time: Location:
1-26-11 9
a.m. 725
Summer St. NE
Conference
Rm. 124B
Salem,
OR 97301
Hearing Officer: Lynn Adams
Stat. Auth.: ORS 184.082 & 458.505–458.515
Stats. Implemented: ORS 458.505–458.515
Proposed Adoptions: 813-230-0007
Proposed Amendments: 813-230-0000, 813-230-0005, 813-230-0015
Last Date for Comment: 2-4-11, 5 p.m.
Summary: 813-230-0000 - Clarifies the terminology used within the rules.
813-230-0005
- Provides clarification on the antipoverty programs and the eligible entities
that will be used to administer the programs.
813-230-0007
- Sets out the selection criteria and requirements for eligible entities.
813-230-0015
- Stipulates that the program is subject to periodic monitoring by the
Department and sets out the requirements.
Rules Coordinator: Sandy McDonnell
Address: 725 Summer St. NE, Suite B, Salem OR 97301-1266
Telephone: (503) 986-2012
Rule
Caption: Updates rule to be consistent
to the current years benefits and benefit provisions.
Stat.
Auth.: ORS 735.600; 735.610(6), 735.615;& 735.625
Other Auth.: OMIP Board of Directors
Stats. Implemented: ORS 735.600, 735.610(6), 735.615 & 735.625
Proposed Amendments: 443-002-0070
Last Date for
Comment: 1-24-11
Summary: Updates this administrative rule to be consistent with
the 2011 benefits, benefit limitations, benefit exclusions, and claims
administration, based on the terms of the contract, application, member
handbook, and benefit and rate instructions.
Rules Coordinator: Linnea Saris
Address: Oregon Medical Insurance Pool, 250 Church St. SE,
Suite 200, Salem, OR 97301
Telephone: (503) 378-5672
Rule
Caption: Updates language to mirror
enrollee’s contract/policy and align with current processing procedures and
administration.
Stat.
Auth.: ORS 735.610(6)
Other Auth.: OMIP Board of Directors
Stats. Implemented: ORS 735.610(6)
Proposed Amendments: 443-002-0190
Last Date for
Comment: 1-24-11
Summary: This rule filing updates language in rule to mirror
current contract language and administration. The current language uses the
terms “member”, “enrolled dependent” and “enrollee”, which OMIP does not
define. OMIP is replacing all of these terms with “enrollee”. Furthermore, in
2009 OMIP updated the number of days by which an enrollee has to file for an
appeal in the benefit contracts to 30 from 180 calendar days, but inadvertently
did not update the rule at that time; therefore, the language in the current
rule is not consistent with the language used in the current enrollee’s
policy/contract.
Rules Coordinator: Linnea Saris
Address: Oregon Medical Insurance Pool, 250 Church St. SE,
Suite 200, Salem, OR 97301
Telephone: (503) 378-5672
Rule
Caption: Changes the percentage of
gross Keno sales allocated to the Keno Jackpot Bonus.
Date: Time: Location:
2-15-11 10–10:30
a.m. Oregon
Lottery
500
Airport Rd. SE
Salem,
OR
Hearing Officer: Larry Trott
Stat. Auth.: ORS 190 & 461
Other Auth.: OR Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.220, 461.230, 461.240, 461.250 & 461.260
Proposed Amendments: 177-099-0100
Last Date for Comment: 2-15-11, 10:30 a.m.
Summary: The Oregon State Lottery has initiated permanent rulemaking to
amend this administrative rule to change the percentage of gross Keno sales
allocated to the Keno jackpot Bonus prizes.
Rules Coordinator: Mark W. Hohlt
Address: Oregon State Lottery, 500 Airport Rd. SE, Salem, OR
97301
Telephone: (503) 540-1417
Rule
Caption: Revise and repeal athletic
department substance use and drug testing rules.
Date: Time: Location:
1-27-11 10
a.m. Erb
Memorial Union
Alsea
& Coquille Rms.
University
of Oregon
Eugene,
OR
Hearing Officer: Deb Donning
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070
Proposed Amendments: 571-004-0020, 571-004-0025, 571-004-0030, 571-004-0045,
571-004-0050, 571-004-0055
Proposed Repeals: 571-004-0035, 571-004-0040
Last Date for Comment: 1-28-11, 12 p.m.
Summary: These rules affect approximately 450 student-athletes at the
University of Oregon and have not been revised since 1989. The amended rules
will continue to permit testing of student-athletes only on the basis of
individualized reasonable suspicion or on the basis of failing a
laboratory-generated specimen integrity test. Other changes reflect the
improvement and standardization of testing and testing protocols since 1989 and
the new emphasis on performance-enhancing substances. The privacy of the
student-athlete continues to be protected under the revised rules.
Copies
of the proposed amendments may be obtained from Deb Donning, Rules Coordinator,
at djm@uoregon.edu or 541-346-3013
Rules Coordinator: Deb Donning
Address: Oregon University System, University of Oregon, 1226
University of Oregon, Eugene, OR 97403
Telephone: (541) 346-3082
Rule
Caption: Revisions to special course
fees and general service fees.
Stat.
Auth.: ORS 351.070 & 351.072
Stats. Implemented: ORS 351.070 & 351.072
Proposed Amendments: 574-050-0005
Last Date for
Comment: 1-21-11
Summary: Amendments will allow for increases, additions, and
revisions of special course fees and general services fees.
Rules Coordinator: Debra L. Charlton
Address: Oregon University System, Western Oregon University, 345 N Monmouth Ave., Monmouth, OR 97361
Telephone: (503) 838-8597
Rule
Caption: General Housekeeping.
Stat.
Auth.: ORS 297
Stats. Implemented: ORS 297–465
Proposed Amendments: 162-010-0030
Proposed Repeals: 162-001-0010, Rules in 162-011, 162-012, 162-013,
162-014, 162-015, 162-016
Last Date for
Comment: 1-21-11, Close of Business
Summary: Repealing 162-001-0010 and 162-011-0000 to
162-016-0000: General Housekeeping.
Amending 162-010-0030 to remove
reference to repealed rules.
Rules Coordinator: Julie A. Sparks
Address: 255 Capitol St NE, Suite 500, Salem, OR 97310
Telephone: (503) 986-2262
Rule
Caption: Amend the 2010 State
Candidates Manuals, County Candidates Manual and Forms.
Stat.
Auth.: ORS 246.120, 246.150 &
249.009
Stats. Implemented: ORS 246.120, 246.150 & 249.009
Proposed Amendments: 165-010-0005
Last Date for
Comment: 1-31-11
Summary: This proposed amendment revises the 2010 State
Candidate’s Manual: Major Political Party; 2010 State Candidate’s Manual:
Nonpartisan; 2010 State Candidate’s Manual: Minor Political Party; 2010 State
Candidate’s Manual: Assembly of Elections; 2010 State Candidate’s Manual:
Individual Electors; and the 2010 County Candidate’s Manual and all
associated forms to provide that a candidate is not required to establish a
campaign account, file a State of Organization or file contribution and
expenditures transactions if a candidate serves as the candidate’s own
treasurer, the candidate does not have an existing candidate committee and the
candidate does not expect to receive or spend more than $750 during a calendar
year.
Rules Coordinator: Brenda Bayes
Address: Secretary of State, Elections Division, 255 Capitol St. NE, Suite 501, Salem, OR 97310
Telephone: (503) 986-1518
Rule
Caption: Amends the 2010 City
Elections Manual and the 2010 District Elections Manual.
Stat.
Auth.: ORS 246.120 & 246.150
Stats. Implemented: ORS 246.120 & 246.150
Proposed Amendments: 165-020-0005
Last Date for
Comment: 1-31-11
Summary: This proposed amendment revises the 2010 City
Elections Manual and the 2010 District Elections Manual and all
associated forms to provide that a candidate is not required to establish a
campaign account, file a State of Organization or file contribution and
expenditure transactions if a candidate serves as the candidate’s own
treasurer, the candidate does not have an existing candidate committee and the
candidate does not expect to receive or spend more than $750 during a calendar
year.
Rules Coordinator: Brenda Bayes
Address: Secretary of State, Elections Division, 255 Capitol St. NE, Suite 501, Salem, OR 97310
Telephone: (503) 986-1518
Rule
Caption: Eliminates application
screening requirements for candidates for the North American Veterinary
Medical Exam (NAVLE).
Stat.
Auth.: ORS 686.210
Stats. Implemented: ORS 686.040(13)
Proposed Amendments: 875-010-0006, 875-010-0016
Last Date for
Comment: 1-31-11
Summary: Eliminates the need for NAVLE applicants to be
screened by the Board.
Rules Coordinator: Lori V. Makinen
Address: Veterinary Medical Examining Board, 800 NE Oregon St.,
Suite 407, Portland, OR 97232
Telephone: (971) 673-0224
Rule
Caption: Repeals Euthanasia Task
Force.
Stat.
Auth.: ORS 686.210
Stats. Implemented: ORS 475.190, 609.405 & 686.510
Proposed Repeals: Rules in 875-020, 875-020-0005, 875-020-0010,
875-020-0015, 875-020-0020, 875-020-0025, 875-020-0030, 875-020-0035,
875-020-0040, 875-020-0045, 875-020-0050, 875-020-0055
Last Date for
Comment: 1-31-11
Summary: The Euthanasia Task Force ceased to exist in 2008.
Division 20 rules are obsolescent.
Rules Coordinator: Lori V. Makinen
Address: Veterinary Medical Examining Board, 800 NE Oregon St.,
Suite 407, Portland, OR 97232
Telephone: (971) 673-0224
Rule
Caption: Aligns Oregon rules with
eligibility revisions for the Veterinary Technician National Exam (VTNE)
implemented by the American Association of Veterinary State Boards (AAVSB).
Stat.
Auth.: ORS 686.210
Stats. Implemented: ORS 686.045 & 686.065
Proposed Amendments: 875-030-0010, 875-030-0020, 875-030-0025
Last Date for
Comment: 1-31-11
Summary: Eliminates on-the-job experience as an eligibility
criterion for the Veterinary Technician National Exam (VTNE). Updates VTNE
information and application process.
Rules Coordinator: Lori V. Makinen
Address: Veterinary Medical Examining Board, 800 NE Oregon St.,
Suite 407, Portland, OR 97232
Telephone: (971) 673-0224
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.
2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use |