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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.


 

Board of Examiners for Speech-Language
Pathology and Audiology
Chapter 335

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

Board of Psychologist Examiners
Chapter 858

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

Columbia River Gorge Commission
Chapter 350

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

Department of Administrative Services
Chapter 125

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

Department of Administrative Services,
Oregon Educators Benefit Board
Chapter 111

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

Department of Consumer and Business Services,
Building Codes Division
Chapter 918

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

Department of Consumer and Business Services,
Division of Finance and Corporate Securities
Chapter 441

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

Department of Consumer and Business Services,
Insurance Division
Chapter 836

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

Department of Consumer and Business Services,
Workers’ Compensation Division
Chapter 436

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

Department of Corrections
Chapter 291

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

Department of Energy
Chapter 330

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

Department of Environmental Quality
Chapter 340

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

Department of Fish and Wildlife
Chapter 635

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

Department of Human Services,
Addictions and Mental Health Division: Mental Health Services
Chapter 309

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

Department of Human Services,
Public Health Division
Chapter 333

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

Department of Oregon State Police
Chapter 257

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

Department of Revenue
Chapter 150

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

Department of Transportation,
Driver and Motor Vehicle Services Division
Chapter 735

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

Department of Transportation,
Motor Carrier Transportation Division
Chapter 740

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

Department of Transportation,
Transportation Safety Division
Chapter 737

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

Office for Oregon Health Policy and Research
Chapter 409

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

Office of Private Health Partnerships
Chapter 442

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

Oregon Department of Education
Chapter 581

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

Oregon Housing and Community Services Department
Chapter 813

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

Oregon Medical Insurance Pool
Chapter 443

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

Oregon State Lottery
Chapter 177

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

Oregon University System,
University of Oregon
Chapter 571

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

Oregon University System,
Western Oregon University
Chapter 574

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

Secretary of State, Audits Division
Chapter 162

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

Secretary of State, Elections Division
Chapter 165

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

Veterinary Medical Examining Board
Chapter 875

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

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