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Oregon Bulletin

January 1, 2012

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: Reverts speech-language pathology and audiology fees to Legislatively-approved levels; updates required test scores for licensure.

Date:                         Time:                        Location:

1-30-12                  10 a.m.                    800 NE Oregon St.,
                                                                           Conference Rm. 445
                                                                           Portland, OR 97232

Hearing Officer: Sandy Leybold

Stat. Auth.: ORS 681.340, 681.360, 681.420, 681.460, 681.260, 681.264 & 681.290

Other Auth.: OL Ch. 620 Sec. 5 (2011)

Stats. Implemented: ORS 681.340(1), 681.360(2)(b) & (3)(b), 681.260(1)(e), 681.264(3) & 682.290(2)

Proposed Amendments: 335-060-0006, 335-060-0007, 335-060-0010

Last Date for Comment: 1-31-12

Summary: • Lowers the application fee to $40.

      • Lowers delinquent fee to $50.

      • Lowers active SLP and Audiologist license fee to $160.

      • Lowers conditional SLP and Audiologist license fee to $50.

      • Lowers active Speech-language Pathology Assistant license fee to $50.

      Removes specific test scores required for licensure in favor of stating that a passing score is required.

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 Licensed Professional Counselors and Therapists
Chapter 833

Rule Caption: Proposed addition of license application method for counselor-educators

Stat. Auth.: ORS 675.785

Stats. Implemented: ORS 675.715–675.720

Proposed Adoptions: 833-020-0075

Proposed Amendments: 833-020-0021

Last Date for Comment: 2-8-12, 5 p.m.

Summary: Adds a license application method that would allow counselor-educators to use their graduate teaching experience as a substitute for some coursework required for licensure.

      Establishes requirements for applications through the counselor educator method.

Rules Coordinator: Becky Eklund

Address: Board of Licensed Professional Counselors and Therapists, 3218 Pringle Rd. SE, Suite 250, Salem, OR 97302

Telephone: (503) 378-5499, ext. 3

Department of Administrative Services,
Budget and Management Division
Chapter 122

Rule Caption: Adopt and Repeal State of Oregon Financing Agreements and State Borrowing Administered by DAS.

Date:                         Time:                        Location:

1-17-12                  1:30 p.m.               155 Cottage St. NE
                                                                           2nd Floor Conf. Rm. A
                                                                           Salem, OR 97301

Hearing Officer: Carol Ann Kirby

Stat. Auth.: ORS 184.340

Other Auth.: 2003 OL Ch. 11 & 2001 OL Ch. 921

Stats. Implemented: ORS 283.085–283.092, 286A.045, 286A.560– 286A.585, 286A.710–286A.792 & 353.550–353.563

Proposed Adoptions: 122-070-0100, 122-070-0110, 122-070-0120, 122-070-0130, 122-070-0140, 122-070-0150, 122-070-0160, 122-075-0100, 122-075-0110, 122-075-0120, 122-075-0150, 122-075-0160

Proposed Repeals: 122-070-0000, 122-070-0010, 122-070-0020, 122-070-0030, 122-070-0040, 122-070-0050, 122-070-0060, 122-070-0065, 122-070-0070, 122-070-0080

Last Date for Comment: 1-17-12, 5 p.m.

Summary: The new rules better organize the administrative rules over financing agreements and state borrowings administered by the Capital Investment Section. The prior administrative rule on State of Oregon financing agreements was repealed.

      Adopts rules 122-070-0100 through 122-070-0160 defining a financing agreement under ORS 283.085–283.092 and defining the fees that the Capital Investment Section may charge for initiating certain agreements. Financing agreements under this rule include such items as Certificates of Participation; promissory notes; capital leases; or any other agreements for the acquisition of real or personal property through installment payments over multiple biennia.

      Adopts rules 122-075-0100 through 122-075-0160 defining certain state borrowing programs under ORS 286A.045; ORS 286A.560 to 286A.585; ORS 286A.710 to 286A.792; and ORS 353.550 to 353.563 for the benefit of State Agencies administered by the Department. Defines the fees that the Capital Investment Section may charge for initiating and administering state borrowing programs. State borrowing programs under this rule include such items as Lottery bonds; credit agreements, notes, warrants, short-term promissory notes, commercial paper or other obligations in anticipation of taxes, grants or other revenues; general obligation bonds for the Oregon Opportunity Program; Oregon Appropriation Bonds; and general obligation bonds for water power, pension liabilities, and seismic rehabilitation projects.

Rules Coordinator: Janet Chambers

Address: Department of Administrative Services, Budget and Management Division, 155 Cottage St. NE, Salem, OR 97301

Telephone: (503) 378-5522

Department of Agriculture
Chapter 603

Rule Caption: Expands Sudden Oak Death Quarantine and Allows Use of Tanoak From Disease-Free Areas.

Date:                         Time:                        Location:

1-24-12                  7 p.m.                       Event Center
                                                                           28798 Hwy 101
                                                                           Gold Beach, OR

Hearing Officer: Stephanie Page

Stat. Auth.: ORS 561.190 & 561.510

Other Auth.: ORS 570.305

Stats. Implemented: ORS 561.510

Proposed Amendments: 603-052-1230

Last Date for Comment: 1-31-12

Summary: Phyothophthora ramorum (sudden oak death) has been found north of the current quarantine boundary near Cape Sebastian in Curry Co. The proposed amendment would expand the quarantine northward to include the new site and a buffer area of approximately three miles. With the expansion of the quarantine, it is proposed to define disease-free and generally-infested areas within the quarantine. Provisions are proposed that would allow use of tanoak logs and firewood from disease-free areas. Encouraging use of tanoak should help slow the spread of the disease and lessen the impact on residents.

Rules Coordinator: Sue Gooch

Address: Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301

Telephone: (503) 986-4583

 

Rule Caption: Exempts Agricultural producers selling specified products from state licensing as produce dealer or food establishment.

Date:                         Time:                        Location:

1-27-12                  11 a.m.                    Dept. of Agriculture
                                                                           635 Capitol St. NE
                                                                           Salem, OR

Hearing Officer: Staff

Stat. Auth.: ORS 516.190, 616.700, 616.835 & HB 2336

Stats. Implemented: ORS 616.230, 616.700, 616.835 & HB 2336

Proposed Adoptions: 603-025-0225 – 603-025-0275

Last Date for Comment: 1-27-12, 5 p.m.

Summary: Exempts agricultural producers selling specific agricultural products directly to general public (farm direct marketer) from stat laws regulating produce dealers and food establishment. Establishes which food direct marketers can sell and eligibility restrictions. Establishes consignment sales standards for agricultural producers. Establishes requirements regarding product labels, farm direct marketer record keeping and registration procedure, and department enforcement.

Rules Coordinator: Sue Gooch

Address: Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301

Telephone: (503) 986-4583

 

Rule Caption: Repeal Obsolete Rules Related to Diseases of Orchard, Mint, and Barberry.

Stat. Auth.: ORS 561 & 570

Other Auth.: ORS 561.190

Stats. Implemented: ORS 561.510 & 570.405

Proposed Repeals: 603-052-0117, 603-052-0201, 603-052-0206, 603-052-0207, 603-052-0208, 603-052-0209, 603-052-0334, 603-052-0800

Last Date for Comment: 1-31-12

Summary: Oregon Department of Agriculture proposes to repeal four regulations: 603-052-0117 Quarantine Against Peach Latent Mosaic Viroid; 603-052-0201 to 0209 Umatilla County Control Area; 603-052-0334 Union County Mint Control Area and Procedures; 603-052-0800 Rust-Resistant Varieties of Barberry, Mahonia, and Mahoberberis. The Peach Latent Mosaic quarantine was adopted in 1974. This viroid is now widespread in U.S. orchards including in the Pacific Northwest. The Umatilla County Orchard Pest Control Area was also adopted in 1941. The complicated boundaries make it impossible to enforce and a local ordinance makes it redundant. Verticillium wilt has been found in Union County since 2005. The quarantine is no longer scientifically valid. Oregon Barberry rust statute was repealed in 2009. Federal regulations remain in place.

Rules Coordinator: Sue Gooch

Address: Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301

Telephone: (503) 986-4583

 

Rule Caption: Housekeeping Updates to Six Plant Pest and Disease Quarantines, e.g. scientific names, pest distributions, treatments.

Stat. Auth.: ORS 561 & 570

Stats. Implemented: ORS 561.510

Proposed Amendments: 603-052-0115, 603-052-0116, 603-052-0118, 603-052-0126, 603-052-0150, 603-052-1025

Last Date for Comment: 1-31-12

Summary: The Department of Agriculture proposes to update six rules as follows: Blueberry Maggot Quarantine, clarify that fumigation with a labeled product is an acceptable option without a Director’s exemption; Peach Yellows Phytoplasma, remove Alabama and West Virginia, add Ontario (Canada), update host list; Peach Rosette Phytoplasm, update host list; European Corn Borer, replace out-of-date prescriptive fumigation instructions with requirement to fumigate according to the label instructions; Cherry Fruit Fly, correct title; Small Broomrape, correct host list.

Rules Coordinator: Sue Gooch

Address: Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301

Telephone: (503) 986-4583

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

Rule Caption: Updates adult foster home requirements in the 2010 Oregon Structural Specialty Code.

Date:                         Time:                        Location:

1-17-12                  9:30 a.m.                1535 Edgewater St. NW
                                                                           Salem, OR 97304

Hearing Officer: Steve Judson

Stat. Auth.: ORS 455.030, 455.110, 455.112

Stats. Implemented: ORS 455.110 & 455.112

Proposed Amendments: 918-460-0015

Last Date for Comment: 1-20-12, 5 p.m.

Summary: This proposed rule amends the construction standards for single-family residences that are used for adult foster care. This amendment aligns the 2010 Oregon Structural Specialty Code with the Department of Human Services statute, by deleting the requirement in the code that certain adult foster care residences meet the construction standards for a SR occupancy.

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: Establishes a Class 3A Limited Building Service Mechanic License.

Date:                         Time:                        Location:

1-17-12                  10 a.m.                    1535 Edgewater St. NW
                                                                           Salem, OR 97304

Hearing Officer: Michael Schopf

Stat. Auth.: ORS 480.545, 480.630 & 183.335

Stats. Implemented: ORS 480.630 & 183.335

Proposed Adoptions: Rules in 918-225

Proposed Amendments: Rules in 918-225

Proposed Repeals: 918-225

Last Date for Comment: 1-20-12, 5 p.m.

Summary: The proposed rule establishes a Class 3A Limited Building Service Mechanic license. Under the proposed rule, a boiler contractor may establish a training program that defines the scope of work to be performed by Class 3A licensees and describes the training each licensee would receive. The Board of Boiler rules may approve the training program if it determined that the Class 3A scope of work was narrowly limited to particular equipment or tasks and the contractor’s training program would provide adequate training for that work. A Class 3A license may be issued to employees of the contractor who have successfully completed the contractor’s training program and who have passed Class 3 Building Service Mechanic examination. Each Class 3A license is conditioned on the employee’s continued employment with the contractor and authorizes only those tasks described in the contractor’s scope of work.

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,
Insurance Division
Chapter 836

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: 2-1-12, 5 p.m.

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. The statute also requires the director of the Department of Consumer and Business Services to annually update the list.

Rules Coordinator: Sue Munson

Address: Department of Consumer and Business Services, Insurance Division, 350 Winter St. NE, Rm. 440, Salem, OR 97301

Telephone: (503) 947-7272

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

Rule Caption: Rule changes affecting workers’ compensation medical fees, medical services, and managed care organizations.

Date:                         Time:                        Location:

1-23-12                  9 a.m.*                    Labor & Industries Bldg.
                                                                           350 Winter St. NE
                                                                           Rm. 260 (2nd Flr.)
                                                                           Salem, OR

Hearing Officer: Fred Bruyns

Stat. Auth.: ORS 656.726(4), 656.248 & 656.260

Stats. Implemented: ORS 656, 656.248 & 656.260

Proposed Adoptions: 436-009-0177, 436-015-0075

Proposed Amendments: Rules in 436-009, 436-010-0330, Rules in 436-015

Proposed Repeals: 436-009-0022, 436-009-0150, 436-009-0250, 436-009-0280, 436-015-0020

Last Date for Comment: 1-26-12

Summary: *NOTE: The hearing will begin at 9 a.m. and end when all present who wish to testify have done so. Written testimony will be accepted through Jan. 26, 2012.

      The agency proposes to amend these rules to improve organization, clarity, and consistency, and to eliminate redundancy. More specifically:

      The agency proposes to amend OAR chapter 436, division 009, “Oregon Medical Fee and Payment Rules.” These proposed rules:

      • Adopt new and update existing medical fee schedules and resources for the payment of health care providers.

      • Increase payment for ambulance and dental services. (Please refer to the Statement of Need and Fiscal Impact.)

      • Increase payment for chiropractic manipulation codes 98940 – 98943. (Please refer to the Statement of Need and Fiscal Impact.)

      • Clarify that an insurer must initiate a dispute before the director if it is challenging the reasonableness of a provider’s billing.

      • Eliminate multiple-surgery discounts for add-on codes that already have built-in discounts.

      • Establish Oregon specific (billing) codes for closing examinations and for closing reports, and set payment criteria.

      • Specify that injectable drugs are prescription medications subject to the maximum payment fee schedule under these rules.

      • Describe the compensability limitation for physician dispensing of medications (not a new requirement, but repeating the provision in OAR 436-010-0230(6)).

      • Increase interpreter mileage reimbursement by reducing the minimum round trip mileage. (Please refer to the Statement of Need and Fiscal Impact.)

      • Update the requirements for interpreter invoices.

      • Amend explanation-of-benefits and related communication requirements applicable to interpreters.

      • Specify what an ambulatory surgery center’s surgical procedure fee does not include.

      • Clarify billing time frames for ambulatory surgery centers.

      • Clarify payment requirements when an ambulatory surgery center performs multiple procedures.

      • Require that implantable devices be paid separately to an ambulatory surgery center and not packaged with the surgery charge.

      • Describe billing and payment requirements affecting ambulatory surgery centers for durable medical equipment, prosthetic services, orthotic services, and medical supplies.

      The agency proposes to amend OAR chapter 436, division 010, “Medical Services.” The proposed rule 0330:

      • Includes amended citations to a renumbered rule in OAR 436-009.

      The agency proposes to amend OAR chapter 436, division 015, Managed Care Organizations (MCOs). These proposed rules:

      • Modify the MCO certification and plan development process by:

      - Eliminating the requirement for prospective MCOs to “qualify” before applying for certification.

      - Incorporating some of the “qualifying” steps into a single application process.

      - Removing the requirement to show that workers can receive treatment by an MCO physician in cases requiring emergency in-patient hospitalization.

      - Eliminating the requirement that an MCO send to the director a copy of every provider agreement; the MCO may send a standard provider agreement and identify variations.

      - Requiring MCOs to regularly update their MCO panel provider lists.

      • Require that if the MCO schedules a medical exam for the worker, the appointment letter must inform the worker if a psychological evaluation is part of the exam and to state the reason for the psychological evaluation.

      • Require the MCO to provide written notice and appeal rights when the MCO approves a service (in addition to denials of service).

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: Suspension/Restriction of Visits/Removal From Inmate Visiting List.

Stat. Auth.: ORS 179.040, 423.020, 423.030, & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030, & 423.075

Proposed Amendments: 291-127-0320

Last Date for Comment: 2-17-12, Close of Business

Summary: OAR 291-127-0320, by its terms, requires that a superintendent or designee issue a final decision on a recommended action to suspend, restrict, or remove a visitor from an inmate’s approved visiting list within 45 days of receipt of a review request. The department has determined that this timeframe for review and issuing a final decision is inadequate in instances in which the circumstances giving rise to the suspension, restriction or removal action are part of a pending administrative or criminal investigation, or in other extraordinary circumstances.

      These amendments are necessary for the department to establish a flexible, extended timeframe for a superintendent or designee to issue a final order on review of a recommended action to suspend, restrict, or remove a visitor from an inmate’s approved visiting list beyond 45 days when the circumstances giving rise to the suspension, restriction, or removal action are part of a pending administrative or criminal investigation, or in other extraordinary circumstances, which in the sole judgment of the superintendent or designee requires or warrants additional time.

      These amendments are also needed to clarify in the rule that if a visitor does not timely submit a written review request, the recommended action contained in the notification and written report shall be accepted by the superintendent/designee and serve as the superintendent’s/designee’s decision without further action.

Rules Coordinator: Janet R. Worley

Address: Department of Corrections, 2575 Center St. NE, Salem, OR 97301-4667

Telephone: (503) 945-0933

 

Rule Caption: Evidence-Based Programs in Community Corrections.

Stat. Auth.: ORS 179.040, 182.515, 182.525, 423.020, 423.030, & 423.075

Stats. Implemented: ORS 179.040, 182.515, 182.525, 423.020, 423.030, & 423.075

Proposed Adoptions: 291-031-0300, 291-031-0310, 291-031-0320, 291-031-0330, 291-031-0340, 291-031-0350, 291-031-0360

Last Date for Comment: 2-17-12, Close of Business

Summary: These rules establish a process for the department to determine if community-based programs, which the agency expends state funds, meet the principles of evidence-based programs.

Rules Coordinator: Janet R. Worley

Address: Department of Corrections, 2575 Center St. NE, Salem, OR 97301-4667

Telephone: (503) 945-0933

Department of Fish and Wildlife
Chapter 635

Rule Caption: Adopt new rules for the Oregon Habitat Conservation Stamp.

Date:                         Time:                        Location:

2-3-12                     8 a.m.                       Holiday Inn Astoria
                                                                           204 W Marine Dr.
                                                                           Astoria, OR 97103

Hearing Officer: Fish & Wildlife Commission

Stat. Auth.: ORS 496.012, 496.138 & 2011 OL Ch. 50 (HB 2127)

Stats. Implemented: ORS 496 & 2011 OL Ch. 50 (HB 2127)

Proposed Adoptions: Rules in 635-095

Last Date for Comment: 2-2-12

Summary: Adopt new rules for the Habitat Conservation Stamp which was authorized by the 2011 Oregon State Legislature and will benefit conservation of Oregon’s native species and habitats.

Rules Coordinator: Therese Kucera

Address: Department of Fish and Wildlife, 3406 Cherry Ave. NE, Salem, OR 97303

Telephone: (503) 947-6033

 

Rule Caption: Establish Average Market Values of Food Fish for Determining Damages Related to Commercial Fishing Violations.

Date:                         Time:                        Location:

2-3-12                     8 a.m.                       Holiday Inn Express
                                                                           Hotel & Suites
                                                                           204 West Marine Dr.
                                                                           Astoria, OR 97103

Hearing Officer: Fish & Wildlife Commission

Stat. Auth.: ORS 506.119

Stats. Implemented: ORS 506.109 & 506.720

Proposed Amendments: 635-006-0232

Last Date for Comment: 2-3-12, Close of Hearing

Summary: Amend rule to establish the average market value of food fish species used to determine damages for commercial fishing violations. Housekeeping and technical corrections 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: 2012 Recreational White Sturgeon Fishing Regulations for Columbia River.

Date:                         Time:                        Location:

2-3-12                     8 a.m.                       Holiday Inn Express
                                                                           Hotel & Suites
                                                                           204 West Marine Dr.
                                                                           Astoria, OR 97103

Hearing Officer: Fish & Wildlife Commission

Stat. Auth.: ORS 183.325, 506.109 & 506.119

Stats. Implemented: ORS 506.129 & 507.030

Proposed Adoptions: Rules in 635-023

Proposed Amendments: Rules in 635-023

Proposed Repeals: Rules in 635-023

Last Date for Comment: 2-3-12, Close of Hearing

Summary: Rules proposed for amendment are related to recreational white sturgeon fishing in the Columbia River mainstem. 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

Department of Human Services,
Administrative Services Division and Director’s Office
Chapter 407

Rule Caption: Amendments to Information Assets Access Control Rules.

Stat. Auth.: ORS 409.050

Other Auth.: HB 2009 (2009 OL Ch. 595, Sec. 19-25)

Stats. Implemented: ORS 182.122

Proposed Amendments: 407-014-0300, 407-014-0305, 407-014-0310, 407-014-0315, 407-014-0320

Proposed Repeals: 407-014-0300(T), 407-014-0305(T), 407-014-0310(T), 407-014-0315(T), 407-014-0320(T)

Last Date for Comment: 1-23-12, 5 p.m.

Summary: These rules apply to anyone who seeks to access the Department of Human Services’ (Department) information assets, systems and networks. They establish access controls for all organizations and users and require organizations to establish a risk management plan addressing common safeguards and HIPAA compliance. These rules allow for audits of organizations handling Department information assets, address privilege changes and establish requirements for reporting incidents and resolutions. These rules are being amended for clarity and defining “user” and “organization.” These rules are being filed in conjunction with similar rules for the Oregon Health Authority, OAR 943-014-0300 to 943-014-0320. Adoption of these rules will repeal the temporary rules currently in effect since August 9, 2011.

      Proposed rules are available on the DHS Website: http://www.oregon.gov/DHS/admin/dwssrules/index.shtml

      For hardcopy requests, call: (503) 947-5250.

Rules Coordinator: Jennifer Bittel

Address: Department of Human Services, Administrative Services Division and Director’s Office, 500 Summer St. NE, Salem, OR 97301

Telephone: (503) 947-5250

Department of Justice
Chapter 137

Rule Caption: Batterer intervention Program rules revisions to better serve programs, program participants and victims.

Date:                         Time:                        Location:

1-18-12                  1:30 p.m.               4035 12th St. SE
                                                                           Salem, OR 97302

Hearing Officer: Cynthia Stinson

Stat. Auth.: ORS 180.700 & 2001 OL Ch. 634 (SB 81)

Other Auth.: ORS 183.405

Stats. Implemented: ORS 180.700 & 2001 OL Ch. 634 (SB 81)

Proposed Amendments: 137-087-0000, 137-087-0005, 137-087-0015, 137-087-0020, 137-087-0025, 137-087-0030, 137-087-0050, 137-087-0060, 137-087-0065, 137-087-0070, 137-087-0080, 137-087-0085, 137-087-0090, 137-087-0095

Last Date for Comment: 1-18-12

Summary: The proposed rulemaking revises current statewide standards for batterer intervention programs for services provided to batterers as defined in the proposed rules.

Rules Coordinator: Carol Riches

Address: Department of Justice, 1162 Court St. NE, Salem, OR 97301

Telephone: (503) 947-4700

 

Rule Caption: Amends Notice of Garnishment Model Forms to Respond to Changes in Oregon Law.

Stat. Auth.: ORS 18.854(8)

Stats. Implemented: ORS 18.600–18.857

Proposed Amendments: 137-060-0130, 137-060-0150, 137-060-0160, 137-060-0230, 137-060-0250, 137-060-0330, 137-060-0350, 137-060-0360, 137-060-0430, 137-060-0450

Last Date for Comment: 1-24-12

Summary: Amends existing model garnishment forms for notices of garnishment issued by state agencies and county tax collectors.

Rules Coordinator: Carol Riches

Address: Department of Justice, 1162 Court St. NE, Salem, OR 97301

Telephone: (503) 947-4700

Department of Public Safety Standards and Training
Chapter 259

Rule Caption: Implements the regulation of tribal law enforcement units and the certification of tribal police officers.

Stat. Auth.: ORS 2011 Chapter 644

Stats. Implemented: ORS 2011 Chapter 644

Proposed Adoptions: 259-008-0069

Proposed Repeals: 259-008-0069(T)

Last Date for Comment: 1-23-12, Close of Business

Summary: SB 412 was enacted during the 2011 Legislative Session and relates to the regulation of tribal law enforcement units and the certification of tribal police officers. This rule implements the basic requirements of the Act that pertain to DPSST.

Rules Coordinator: Linsay Hale

Address: Department of Public Safety Standards and Training, 4190 Aumsville Hwy SE, Salem, OR 97317

Telephone: (503) 378-2431

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

Rule Caption: Updates requirements for possessory lien foreclosure forms and the perfection of a security interest.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 803.045, 803.094 & 803.097

Stats. Implemented: ORS 87.152, 87.162, 87.166, 87.172, 87.176–87.206, 90.425, 98.805, 98.810, 98.812, 98.818, 98.830, 98.835, 803.045, 803.094, 803.097, 803.205, 809.720, 811.555, 811.570, 819.110, 819.120, 819.160 & 819.230

Proposed Amendments: 735-020-0010, 735-020-0012

Last Date for Comment: 1-23-12, Close of Business

Summary: OAR 735-020-0012 designates the forms and procedures to be used when evidence of a possessory lien foreclosure is submitted to DMV in support of an application for vehicle title. Specifically, evidence of a possessory lien foreclosure submitted in support of an application for title must be submitted on a DMV certificate of possessory lien foreclosure form.

      The amendment of OAR 735-020-0010 clarifies which primary ownership documents constitute proof of ownership for purposes of ORS 803.205(2). The amendment of OAR 735-0020-0012 is needed to specify the information required to be on a DMV certificate of possessory lien foreclosure form and the effect of the lien claimant’s signature on the form. To reflect relevant law changes that became effective since the forms were last revised, lien forms submitted to DMV must have a revision date of January 2008 or later. Other, non-substantive changes simplify rule language to improve readability.

      Text of proposed and recently adopted ODOT rules can be found at web site 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: Amendment of federal safety and hazardous materials transportation regulations affecting motor carriers.

Stat. Auth.: ORS 184.616, 184.619, 823.011, 825.232, 825.252 & 825.258

Stats. Implemented: ORS 823.061, 825.210, 825.250, 825.252 & 825.258

Proposed Amendments: 740-100-0010, 740-100-0065, 740-100-0070, 740-100-0080, 740-100-0085, 740-100-0090, 740-110-0010

Last Date for Comment: 1-23-12, Close of Business

Summary: These rules cover the annual adoption of federal motor carrier safety and hazardous materials transportation regulations, and the adoption of international standards related to driver, vehicle and hazardous materials out-of-service violations. The changes are necessary to ensure Oregon’s motor carrier safety; hazardous materials; and driver, vehicle and hazardous materials out-of-service requirements are current with national and international standards. Failure to adopt these rules could result in a major negative economic impact to state agencies by jeopardizing Oregon’s continued receipt of $2.6 million in MCSAP funds per year if it fails to amend and maintain compatible rules.

      Text of proposed and recently adopted ODOT rules can be found at web site 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: Annual readoption of HVUT and IFTA regulations.

Stat. Auth.: ORS 184.616, 184.619, 823.011 & 826.003

Stats. Implemented: ORS 803.370(5), 825.490, 825.494, 825.555 & 826.007

Proposed Amendments: 740-200-0020, 740-200-0040

Last Date for Comment: 1-23-12, Close of Business

Summary: Title 26 Code of Federal Regulations Part 41 (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 740-200-0020 adopts HVUT and amendments with the effective date of January 1, 2012, 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, 2012 to ensure Oregon remains current with the international IFTA standards.

      Text of proposed and recently adopted ODOT rules can be found at web site 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

Employment Department
Chapter 471

Rule Caption: Clarify definition of “good cause” for late and reopened appeals.

Stat. Auth.: ORS 657.610

Stats. Implemented: ORS 657

Proposed Amendments: 471-040-0010, 471-040-0040, 471-040-0041

Last Date for Comment: 1-24-12, Close of Business

Summary: Clarify what constitutes “good cause” for late hearing requests, requests to reopen hearings, and late requests to reopen hearings. This change impacts lower appeals hearings with the Office of Administrative Hearings.

Rules Coordinator: Courtney Brooks

Address: Employment Department, 875 Union St. NE, Salem, OR 97311

Telephone: (503) 947-1724

Land Conservation and Development Department
Chapter 660

Rule Caption: Amendments to conform agency rules to new laws.

Date:                         Time:                        Location:

1-26-12                  8:30 a.m.                DLCD, 635 Capitol St.,
                                                                           Basement Hearing Rm.
                                                                           Salem, OR 97301

Hearing Officer: Land Conservation & Development Commission

Stat. Auth.: ORS 197.140, 195.145, 195, 197.215 & 227

Other Auth.: Statewide Planning Goals (OAR 660-015)

Stats. Implemented: ORS 195, 197, 215, 227, 2010 HB 3647, 2011 HB 2131, 2132, 2154, 3225 & 3290

Proposed Adoptions: 660-033-0045

Proposed Amendments: Rules in 660-007, 660-008, 660-027-0070, rules in 660-028, 660-033-0030, 660-033-0100, 660-033-0130, 660-033-0135

Last Date for Comment: 1-26-12, 8:30 a.m.

Summary: The proposed rule amendments are necessary to implement laws enacted by the 2010 and 2011 legislatures. The proposed amendments will revise existing rules as necessary to conform rule wording to new and revised state laws, and to ensure consistency between rules and statute. The proposed new rule at OAR 660-033-0045, regarding Soils Assessments by Professional Soil Classifiers, will renumber portions of an existing rule as a new rule without amending current content of the rule. The Commission may consider other minor or technical corrections to these divisions.

Rules Coordinator: Casaria Tuttle

Address: Land Conservation and Development Department, 635 Capitol St. NE, Suite 150, Salem, OR 97301

Telephone: (503) 373-0050, ext. 322

 

Rule Caption: Amendments to implement new laws regarding changes to comprehensive plans and land use regulations.

Date:                         Time:                        Location:

1-26-12                  8:30 a.m.                DLCD, 635 Capitol St.
                                                                           Basement Hearing Rm.
                                                                           Salem, OR 97301

Hearing Officer: LCDC

Stat. Auth.: ORS 197.040

Other Auth.: Statewide Planning Goals (OAR 660-015)

Stats. Implemented: ORS 197.610–197.625 & 2011 OL Ch. 280

Proposed Amendments: Rules in 660-018

Proposed Repeals: 660-018-0030, 660-018-0140

Last Date for Comment: 1-26-12, Close of Hearing

Summary: The proposed amendments would modify rules pertaining to notice of changes to acknowledged comprehensive plans and land use regulations and related topics. The proposed amendments, including the repeal of two rules, are needed in order to implement new laws (Oregon Laws 2011, chapter 280) regarding changes to comprehensive plans and land use regulations and are needed in order to conform existing rules to these new laws.

      The Commission may consider other minor amendments based on testimony and comments received during the public comment period, and may adopt minor clarifications or technical corrections and amendments that may be proposed during the public comment period.

Rules Coordinator: Casaria Tuttle

Address: Land Conservation and Development Department, 635 Capitol St. NE, Suite 150, Salem, OR 97301

Telephone: (503) 373-0050, ext. 322

 

Rule Caption: Amendments to existing rules in order to implement new laws regarding periodic review.

Date:                         Time:                        Location:

1-26-12                  8:30 a.m.                DLCD, 635 Capitol St.,
                                                                           Basement Hearing Rm.
                                                                           Salem, OR 97301

Hearing Officer: LCDC

Stat. Auth.: ORS 197.040

Other Auth.: Statewide Planning Goals (OAR 660-015)

Stats. Implemented: ORS 197.626–197.646; 2011 OL Ch. 469 (HB 2130)

Proposed Amendments: Rules in 660-025

Last Date for Comment: 1-26-12, Close of Hearing

Summary: The proposed amendments would modify rules pertaining to periodic review and related topics. The proposed amendments are needed in order to implement new laws (Oregon Laws 2011, chapter 469) regarding periodic review, and are needed in order to conform existing rules to these new laws.

      The Commission may consider other minor amendments based on testimony and comments received during the public comment period, and may adopt minor clarifications or technical corrections and amendments that may be proposed during the public comment period.

Rules Coordinator: Casaria Tuttle

Address: Land Conservation and Development Department, 635 Capitol St. NE, Suite 150, Salem, OR 97301

Telephone: (503) 373-0050, ext. 322

Oregon Board of Naturopathic Medicine
Chapter 850

Rule Caption: Necessary fee increase approved with 2011–2013 Legislature, effective after July 1, 2011.

Stat. Auth.: ORS 685.125

Stats. Implemented: ORS 685.100

Proposed Amendments: 850-030-0035

Last Date for Comment: 1-21-12

Summary: Fees are listed in OAR 850-030-0035: Fees for an active license renewal will be increased by $25 annually; Inactive license renewal will be increased $15 annually; the late fee will be increased by $25; the initial license fee will become pro-rated effective January 1, 2012 forward ($300 annually).

Rules Coordinator: Anne Walsh

Address: Oregon Board of Naturopathic Medicine, 800 NE Oregon St., Suite 407, Portland, OR 97232

Telephone: (971) 673-0193

Oregon Department of Education
Chapter 581

Rule Caption: Student physical restraint and seclusion requirements for public education programs.

Date:                         Time:                        Location:

1-25-12                  1 p.m.                       251A, 255 Capitol St. NE
                                                                           Salem, OR

Hearing Officer: Cindy Hunt

Stat. Auth.: ORS 326.051

Stats. Implemented: 2011 OL Ch. 665 (Enrolled HB 2939)

Proposed Adoptions: 581-021-0550, 581-021-553, 581-023-0556, 581-021-0559, 581-021-0563, 581-021-0566

Last Date for Comment: 1-31-12, 5 p.m.

Summary: These new rules relate to physical restraint and seclusion in public education programs and implement HB 2939 enacted by the 2011 Legislature. The rules:

      (1) Specify when restraint methods may be used and what types of restraint may be used on students.

      (2) Procedures regarding restraint and seclusion.

      (3) Reporting requirements for public education programs.

      (4) Approval of training programs on restraint and seclusion.

      (5) Use of training programs by public education programs.

Rules Coordinator: Cindy Hunt

Address: Oregon Department of Education, 255 Capitol St. NE, Salem, OR 97310

Telephone: (503) 947-5651

 

Rule Caption: State Board of Education Notice of Proposed Rule.

Date:                         Time:                        Location:

1-25-12                  1 p.m.                       251A, 255 Capitol St. NE
                                                                           Salem, OR

Hearing Officer: Cindy Hunt

Stat. Auth.: ORS 183.335 & 183.341

Stats. Implemented: ORS 183.335

Proposed Amendments: 581-001-0000

Last Date for Comment: 2-8-12, 5 p.m.

Summary: Updates method of notice of proposed rule to include electronic mailing.

      Specifies notice procedure for rules relating to the implementation of the federal IDEA to ensure that Oregon is in compliance with federal law.

Rules Coordinator: Cindy Hunt

Address: Oregon Department of Education, 255 Capitol St. NE, Salem, OR 97310

Telephone: (503) 947-5651

 

Rule Caption: Specifies rulemaking relating to children with
disabilities is done pursuant to federal IDEA.

Date:                         Time:                        Location:

1-25-12                  1 p.m                        251A, 255 Captiol St. NE
                                                                           Salem, OR

Hearing Officer: Cindy Hunt

Stat. Auth.: ORS 343.041

Stats. Implemented: ORS 183.341 & 343.041

Proposed Amendments: 581-001-0005

Last Date for Comment: 2-8-12, 5 p.m.

Summary: Specifies that rulemaking relating to children with disabilities is done is accordance with federal IDEA. Updates federal law references.

Rules Coordinator: Cindy Hunt

Address: Oregon Department of Education, 255 Capitol St. NE, Salem, OR 97310

Telephone: (503) 947-5651

 

Rule Caption: Implements federal Individuals with Disabilities Act (IDEA) part B and C.

Date:                         Time:                        Location:

1-25-12                  1 p.m.                       251A, 255 Capitol St. NE
                                                                           Salem, OR

Hearing Officer: Cindy Hunt

Stat. Auth.: ORS 343.041

Other Auth.: Federal Individuals with Disabilities Act

Stats. Implemented: ORS 343

Proposed Adoptions: 581-021-2712, 581-021-2713, 581-021-2714, 581-021-2771, 581-021-2774, 581-021-2863

Proposed Amendments: 581-015-2000, 581-015-2080, 581-015-2700, 581-015-2730, 581-015-2775, 581-015-2780, 581-015-2790, 581-015-2805, 581-015-2810, 581-015-2815, 581-015-2825, 581-015-2830, 581-015-2835, 581-015-2840, 581-015-2870, 581-015-2885, 581-015-2890, 581-021-0220, 581-021-0270

Last Date for Comment: 2-8-12, 5 p.m.

Summary: 581-015-2700 Definitions - EI/ECSE Program. This rule was revised to reflect changes to IDEA Part C, which were printed in the federal register on September 28, 2011, effective October 28, 2011. New definitions were added, and outdated terms were adjusted or deleted as needed to comply with federal IDEA laws. Fiscal Impact: none.

      581-015-2730 Parent Consent for EI. Per the fall 2011 revised regulations, Due Process hearings are no longer allowed as a means to dispute parents not providing consent for evaluations. This rules was accordingly adjusted to reflect 34 CFR 303.420(c). Fiscal Impact: beneficial for ODE if less Due Process hearings, there are less administrative fees paid to OAH.

      581-015-2775 EI Evaluation. The term “separate discipline” ( ie two or more separate disciplines needed on the team) was added to EI Evaluation requirements in the federal regulations which is reflected in the change. Also, the new requirements state the public agency must refer the child no more than 7 days after identification which is reflected here. Additionally, the new federal regulations provide for exceptions to IFSP meetings in cases where parents do not give consent. The native language of the child is also stressed for evaluations and assessments to align with federal standards. All of these substantive changes are included. Fiscal Impact: none.

      581-015-2780 EI Eligibility. Revised to reflect new federal standards for teams consisting of two or more individuals from separate disciplines or professions. Fiscal Impact: This could create a fiscal impact for LEAs if they must hire an additional professional for EI Eligibility meetings.

      581-015-2790 ECSE Evaluation. Intellectual disability replaces “mental retardation” per Rose’s law. Native language requirements were also modified to match new federal standards. Fiscal Impact: Could create fees associated with translations or interpretation for LEAs.

      581-015-2810 IFSP Meeting Procedures and Timelines. Changes reflect federal laws which now state that the lead agency must notify the LEA and SEA for the area in which the toddler resides that the toddler on his third birthday will reach the age of eligibility for services under Part B of the Act as determined in accordance with State law. Fiscal Impact: none.

      581-015-2825 Participants for IFSP Team Meetings and Reviews. Changes reflect new EI standards for two or more individuals from separate disciplines or professions to be on an IFSP team, one of these individuals must be the service coordinator. The law also expressly provides for “multidisciplinary teams” to comply with federal standards. Finally, the revisions mirror federal law for instances when certain parties are unable to attend the meeting. Fiscal Impact: Could create more charges for LEAs who would need to hire an extra professional from a separate discipline for the IFSP meeting or review.

      581-015-2830 Implementation of the IFSP. Change uses the new federal language of “as soon as possible and at no cost to the parents” and also details the availability of copies of the IFSP per IDEA. Fiscal Impact: May have minimal charge for the LEAs when making copies of IFSP plans for parents at no cost.

      581-015- 2835 Natural Environments in EI. Revised to include federal standards, and clarify the need of “outcome based” determinations. Fiscal Impact: None.

      581-015-2840 Service Coordination. Adding necessary language to meet federal requirements ( ie “active ongoing”) and matched federal language for service coordinator duties. Fiscal Impact: none.

      581-015-2870 Due Process Hearings. Revised to match Part B Due Process hearing OAR 581-015-2340 as we have adopted the Part B system of dispute resolution. Fiscal Impact: none.

      581-015-2885 Infants and Toddlers with Disabilities Covered by Public Insurance. Clarified population served by EI/ECSE in the title and revised the rule substantially in order to meet new federal requirements including new prohibitions on certain times when public insurance may not be used for Part C services. Fiscal Impact: LEA or SEA may incur new expenses if public benefits cannot be used.

      581-015-2890 Infants and Toddlers with Disabilities Covered by Private Insurance. Changed title to reflect the population served and adjusted rule substantially to meet new federal requirements which limit the use of private insurance for Part C services in certain instances. Fiscal Impact: Could create new charges for LEA or SEA if private insurance cannot be used for Part C services.

      581-021-0220 Definitions. Revisions reflect the new IDEA Part C definition of “Personally Identifiable Information” and those set forth in OAR 581-015-2700 and FERPA. Fiscal Impact: none.

      581-021-0270 Rights of Inspection and Review of Education Records. Revised to reflect new IDEA Part C requirements for rights to inspect records. These are now “ no more than 10 days” after receipt of the request as opposed to the 45 days listed in our existing OAR. Reference 303.405(a). Fiscal Impact: Could create new staffing requirements or fiscal impact for LEAs.

      581-015-2815 IFSP Content. Revised pursuant to 303.344, IFSP evaluation requirements reworded to match federal language. Fiscal Impact: none.

      581-015-2805 EI and ECSE Transition. Added language to reflect the new federal timeline requirements of “no fewer than 90 days “before a child’s third birthday for transition purposes and also the new requirements for notification to BOTH the LEA and the SEA if eligibility of transition services or programs is determined. This could create new fiscal and staffing obligations for ODE if data must be collected and stored internally for SEA transition notification purposes.

      New OAR 581-015-2712 Availability of Early Intervention Services. Drafted to reflect 34 CFR 303.112 which describes the federal requirements to offer EI services to Indian infants and toddlers with disabilities who live on reservation and homeless infants and toddlers with disabilities. Fiscal Impact: none.

      New OAR 581-015-2713 Central Directory. Written to detail the SEA’s responsibility to create a central directory of information available to the public pursuant to the new Part C federal regulations. Fiscal Impact: This could create a fiscal impact on ODE based on staff needed to create and manage a central directory or online tools.

      New OAR 581-015-2714 Role of the State Interagency Coordinating Council (SICC). Written to comply with federal standards and to clarify outdated ORS 303.499 for IDEA Part C compliance purposes. Fiscal Impact: none.

      New OAR 581-015-2863 Procedures for EI/ECSE Complaints as required by IDEA Regulations. Written to state the State’s acceptance of Part B Dispute resolution methods for EI/ECSE IDEA complaints pursuant to OAR 581-015-2030. Similar OARs exist for Due Process and Mediation methods but not state complaints, so adding this OAR will be consistent and clarify the gap in existing administrative rules. Fiscal Impact: none.

      NEW OAR 581-021-2774 Referral Procedures. Written to reflect changes in federal law at 34 CFR 303.303. This OAR outlines when a child must be referred to a lead agency, and includes the “no more than seven days after identification” key under federal laws. Fiscal Impact: none.

Rules Coordinator: Cindy Hunt

Address: Oregon Department of Education, 255 Capitol St. NE, Salem, OR 97310

Telephone: (503) 947-5651

 

Rule Caption: Career and Technical Education Revitalization Grant Program – implementation of HB 3362 (2011).

Stat. Auth.: 2011 OL Ch. 638 Sec. 7

Stats. Implemented: 2011 OL Ch. 638 Sec. 7

Proposed Adoptions: 581-044-0210, 581-044-0220, 581-044-0230, 581-044-0240, 581-044-0250, 581-044-0260

Last Date for Comment: 1-31-12, 5 p.m.

Summary: The CTE Revitalization Grant was created and funded during the 2011 Regular Session of the Oregon Legislature as part of HB 3362. The legislation requires that the Oregon Department of Education (ODE) administer the grant program in collaboration with the Bureau of Labor and Industries (BOLI). Funds in the amount of $2,000,000.00 were allocated for the 2011–2013 biennium. The funds are designated for competitive grants to public schools, school districts, education service districts, charter schools, or any combination of those institutions. The purpose of the grant is to:

      (1) Develop or enhance career and technical education programs of study.

      (2) Expand professional growth of and career opportunities for students through CTE programs.

      (3) Assess the ability of CTE programs to meet workforce needs and give students skills required for jobs in Oregon that provide high wages and are in high demand.

      (4) Support the achievement of the high school diploma requirements.

Rules Coordinator: Cindy Hunt

Address: Oregon Department of Education, 255 Capitol St. NE, Salem, OR 97310

Telephone: (503) 947-5651

 

Rule Caption: Calculation of Extended ADMw for Charter Schools for purposes of state school funding.

Stat. Auth.: ORS 327.125 & 338.025

Stats. Implemented: ORS 327.013, 327.077 & 338.155

Proposed Adoptions: 581-023-0106

Last Date for Comment: 1-31-12, 5 p.m.

Summary: The average daily membership weighted (ADMw) of a public charter school is used to calculate the amount state funding a charter school receives. The 2011 Legislature enacted multiple bills that impacted the calculation of ADMw for both public charter schools and school districts. Specifically, the rule addresses the following areas that were the subject of this legislation:

      (1) The calculation of extended ADMw for both charter schools and school districts.

      (2) The weight that is to be added to a charter school’s ADM for students with disabilities, pregnant and parenting programs, English as a Second Language programs, poverty and small schools.

      The rule also specifies that it first applies to the 2011–2012 fiscal year which is consistent with applicability of the legislation.

Rules Coordinator: Cindy Hunt

Address: Oregon Department of Education, 255 Capitol St. NE, Salem, OR 97310

Telephone: (503) 947-5651

Oregon Health Authority,
Addictions and Mental Health Division:
Addiction Services
Chapter 415

Rule Caption: Substance Abuse and Problem Gambling Prevention Programs.

Date:                         Time:                        Location:

1-26-11                  10 a.m.                    500 Summer St. NE, Rm. 137D
                                                                           Salem, OR 97301

Hearing Officer: Nola Russell

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 430.240–430.415

Proposed Adoptions: 415-056-0030, 415-056-0035, 415-056-0040, 415-056-0045, 415-056-0050

Proposed Repeals: 415-056-0000, 415-056-0005, 415-056-0010, 415-056-0015, 415-056-0020, 415-056-0025

Last Date for Comment: 1-30-12

Summary: These rules prescribe standards for operating substance abuse and gambling prevention agencies approved by the Addictions and Mental Health Division, and provide that a full continuum of prevention services be available to Oregonians.

Rules Coordinator: Nola Russell

Address: Oregon Health Authority, Addictions and Mental Health Division: Addiction Services, 500 Summer St. NE, E86, Salem, OR 97301-1118

Telephone: (503) 945-7652

Oregon Health Authority,
Addictions and Mental Health Division:
Mental Health Services
Chapter 309

Rule Caption: Handling Patient Mail in State Institutions.

Date:                         Time:                        Location:

1-27-12                  10 a.m.                    500 Summer St. NE, Rm. #160
                                                                           Salem, OR

Hearing Officer: Nola Russell

Stat. Auth.: ORS 179.040 & 413.042

Stats. Implemented: ORS 179.360 & 426.385

Proposed Amendments: 309-102-0100, 309-102-0110, 309-102-0120, 309-102-0130, 309-102-0140, 309-102-0150

Last Date for Comment: 1-31-12

Summary: These rules prescribe the standards for handling mail belonging to patients in state institutions, including mail arriving for patients and mail patients are sending from the state institution.

Rules Coordinator: Nola Russell

Address: Oregon Health Authority, Addictions and Mental Health Division: Mental Health Services, 500 Summer St. NE, E86, Salem, OR 97301-1118

Telephone: (503) 945-7652

Oregon Health Authority,
Oregon Medical Insurance Pool
Chapter 443

Rule Caption: Updates rule to be consistent to the current year’s benefits and benefit provisions.

Stat. Auth.: ORS 735.600, 735.610(6), 735.615 & 735.625

Other Auth.: OMIP Board

Stats. Implemented: ORS 735.600, 735.610(6) & 735.625

Proposed Amendments: 443-002-0070

Last Date for Comment: 1-16-11

Summary: Updates this administrative rule to be consistent with the 2011 benefits, benefit limitations, benefit exclusion, and claims administration, based on the terms of the OMIP enrollee contract, Member Handbook, Application, and Benefit and Rate instructions.

Rules Coordinator: Linnea Saris

Address: Oregon Health Authority, 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 735.600 & 735.610(6)

Other Auth.: OMIP Board

Stats. Implemented: ORS 735.610(6)

Proposed Amendments: 443-002-0190

Last Date for Comment: 1-16-11

Summary: This rule filing updates language to mirror current contract language and administration. the current language uses the terms “member”, “enrolled dependent”, which OMIP does not define. OMIP is replacing all of these terms with the term “enrollee”. Furthermore, in 2009 OMIP updated the number of days by which an enrollee has to file for an appeal in the benefit contacts with the enrollee. The purpose of this rule filing, updates this rule which inadvertently when updated was not filed in a timely manner with the legislative Council.

Rules Coordinator: Linnea Saris

Address: Oregon Health Authority, Oregon Medical Insurance Pool, 250 Church St. SE, Suite 200, Salem, OR 97301

Telephone: (503) 378-5672

Oregon Health Authority,
Public Health Division
Chapter 333

Rule Caption: Implementing changes to the Oregon Indoor Clean Air Act.

Date:                         Time:                        Location:

1-17-12                  1 p.m.                       Portland State Office Bldg.
                                                                           800 NE Oregon St. Rm. 1A
                                                                           Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 433.855

Other Auth.: House Bill 2726 (2011 OL Ch. 601)

Stats. Implemented: ORS 433.835–433.875 & 433.990(5)

Proposed Amendments: 333-015-0025, 333-015-0030, 333-015-0035, 333-015-0040, 333-015-0045, 333-015-0064, 333-015-0066, 333-015-0068, 333-015-0069, 333-015-0070, 333-015-0075, 333-015-0080, 333-015-0082, 333-015-0085

Proposed Repeals: 333-015-0090

Last Date for Comment: 1-22-12, 5 p.m.

Summary: The Oregon Health Authority, Public Health Division, is proposing permanent amendments to chapter 333, division 15, pertaining to the Oregon Indoor Clean Air Act (ICAA). The proposed rulemaking:

      (1) Amends and adds definitions to bring the rules into line with the amended ICAA, better effect the purpose of the statute, and/or add clarity to the rules;

      (2) Strikes sections of the rules deemed unnecessary;

      (3) Clarifies that the 10-foot rule applies consistently to accessibility ramps;

      (4) Revises procedures relating to cigar-bar and smoke-shop certification;

      (5) Closes gaps in complaint-response procedures; and

      (6) Brings the maximum penalty amount in line with the ICAA, as amended by HB 2726, passed in 2011.

Rules Coordinator: Brittany Sande

Address: Oregon Health Authority, Public Health Division, 800 NE Oregon St., Suite 930, Portland, OR 97232

Telephone: (971) 673-1291

 

Rule Caption: Amendment and adoption of rules related to Outpatient Renal Dialysis Facilities (ESRD facilities).

Date:                         Time:                        Location:

1-26-12                  1:30 p.m.               Portland State Office Bldg.
                                                                           800 NE Oregon St. Rm. 1D
                                                                           Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 441.015, 441.025, 441.060 & 442.015

Other Auth.: SB 158 (2009 OL Ch. 792)

Stats. Implemented: ORS 183.413–183.500, 441.015, 441.020, 441.022, 441.025, 441.030, 441.037, 441.055, 441.057, 441.060, 441.990, 442.015 & 442.025

Proposed Adoptions: 333-700-0004, 333-700-0017, 333-700-0018, 333-700-0019, 333-700-0053, 333-700-0057, 333-700-0061, 333-700-0062, 333-700-0063, 333-700-0064, 333-700-0072, 333-700-0073

Proposed Amendments: 333-700-0000, 333-700-0005, 333-700-0010, 333-700-0015, 333-700-0020, 333-700-0025, 333-700-0030, 333-700-0035, 333-700-0040, 333-700-0045, 333-700-0050, 333-700-0060, 333-700-0065, 333-700-0075, 333-700-0080, 333-700-0085, 333-700-0090, 333-700-0095, 333-700-0100, 333-700-0105, 333-700-0110, 333-700-0115, 333-700-0120, 333-700-0125, 333-700-0130

Proposed Repeals: 333-700-0055, 333-700-0070

Last Date for Comment: 1-27-12, 5 p.m.

Summary: The Oregon Health Authority, Public Health Division is proposing to permanently adopt and amend Oregon Administrative Rules in chapter 333, division 700 relating to Outpatient Renal Dialysis Facilities (ESRD facilities) in response to legislation passed in 2009 (SB 158) and federal rule alignment. The proposed changes will: update the rules to be consistent with Centers for Medicare and Medicaid regulations; provide better organization for the rules; provide clearer wording; provide clearer processes for licensing, handling complaints, investigations, surveys, and discipline; add a mobile dialysis section; add staffing ratio requirements and make housekeeping changes.

Rules Coordinator: Brittany Sande

Address: Oregon Health Authority, Public Health Division, 800 NE Oregon St., Suite 930, Portland, OR 97232

Telephone: (971) 673-1291

 

Rule Caption: Changes to Home Health Agency licensing rules in response to 2009 and 2011 legislation.

Date:                         Time:                        Location:

2-1-12                     10:30 a.m.             Portland State Office Bldg.
                                                                           800 NE Oregon St., Rm. 1E
                                                                           Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 443.085

Other Auth.: SB 158 (2009 OL Ch. 792), HB 2650 (2011 OL Ch. 608)

Stats. Implemented: ORS 443.004, 443.005 – 443.090 & 443.355

Proposed Adoptions: 333-027-0017, 333-027-0018, 333-027-0029, 333-027-0033, 333-027-0036, 333-027-0037, 333-027-0038, 333-027-0064, 333-027-0175, 333-027-0180, 333-027-0185, 333-027-0190

Proposed Amendments: 333-027-0000, 333-027-0005, 333-027-0010, 333-027-0015, 333-027-0020, 333-027-0025, 333-027-0040, 333-027-0050, 333-027-0060, 333-027-0080, 333-027-0090, 333-027-0100, 333-027-0110, 333-027-0120, 333-027-0130, 333-027-0140, 333-027-0150, 333-027-0170

Proposed Repeals: 333-027-0030, 333-027-0035

Last Date for Comment: 2-3-12, 5 p.m.

Summary: The Oregon Health Authority, Public Health Division is proposing to permanently adopt and amend Oregon Administrative Rules relating to home health agencies in response to legislation passed in 2009 (SB 158) and 2011 (HB 2650). These rules update and clarify the process for licensure, OHA oversight and enforcement, establish requirements for criminal background checks, and make the rules consistent with certain federal requirements. SB 158 attempts to correct inadequate oversight due to gaps in law, inadequate resources, and clarifies statutes governing the roles and responsibilities of many facilities and agencies providing care to patients or clients. SB 158 also requires on-site surveys of all licensed health care facilities and agencies at a minimum of every three years. HB 2650 repeals provisions passed in 2009 requiring the Department of Human Services to conduct criminal background checks for home health and in-home care agencies. Home health and in-home care agencies may use private vendors to conduct criminal background checks but must comply with the provisions of ORS 443.004(3). The Public Health Division is required to prescribe the process for home health and in-home care agencies conducting background checks.

      The Healthcare Regulation and Quality Improvement program ensures that a safe and healthy environment is provided by over 500 health related facilities and agencies. Regulatory oversight of home health agencies is an important component for promoting patient safety and quality care. This can be accomplished with clearly defined and updated responsibilities. Home health agency rules were last revised in 2002.

Rules Coordinator: Brittany Sande

Address: Oregon Health Authority, Public Health Division, 800 NE Oregon St., Suite 930, Portland, OR 97232

Telephone: (971) 673-1291

 

Rule Caption: Amendments to Special Health Care Facilities, ambulatory surgical center physical environment rules.

Date:                         Time:                        Location:

1-26-12                  3 p.m.                       Portland State Office Bldg.
                                                                           800 NE Oregon St., Rm. 1D
                                                                           Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 441.025 & 441.060

Stats. Implemented: ORS 441.025 & 441.060

Proposed Adoptions: 333-076-0001

Proposed Amendments: 333-076-0185

Last Date for Comment: 1-27-12, 5 p.m.

Summary: The Oregon Health Authority, Public Health Division, Facilities Planning and Safety program is proposing to permanently amend Oregon Administrative Rules in chapter 333, division 76 pertaining to the physical environment of ambulatory surgical centers. Due to technological advances in surgery procedures and changes in the types of services provided in outpatient settings the current rules have become antiquated and require updating. The changes proposed will align the rules under which Oregon’s ambulatory surgical centers are licensed by, with national healthcare design and construction industry standards. Tables referenced in OAR 333-076-0185 are also being permanently amended and adopted.

Rules Coordinator: Brittany Sande

Address: Oregon Health Authority, Public Health Division, 800 NE Oregon St., Suite 930, Portland, OR 97232

Telephone: (971) 673-1291

Oregon Public Employees Retirement System
Chapter 459

Rule Caption: Adopt new rule to set a minimum amount of $5 for issuing a retroactive payment.

Date:                         Time:                        Location:

2-28-12                  3 p.m.                       PERS Boardroom
                                                                           11410 SW 68th Parkway
                                                                           Tigard, OR 97223

Hearing Officer: Daniel Rivas

Stat. Auth.: ORS 238.650 & 238A.450

Stats. Implemented: ORS 238.601

Proposed Adoptions: 459-005-0615

Last Date for Comment: 3-1-12, 5 p.m.

Summary: PERS may make an adjustment to a payee’s monthly benefit and lump sum distributions for a variety of reasons which include but are not limited to: a contested case hearing; court decision; law changes; notice of dispute; settlement agreement; cost of living adjustments, annual variable annuity adjustment and to correct errors whether they are made by the member, alternate payee, beneficiary, a participating employer or PERS. These adjustments often result in a one time retroactive payment to the payee. Currently PERS does not have a minimum amount for issuing a retroactive payment so checks are generated for any amount. PERS often receives complaints from the payee who express their displeasure at having to spend their time and money to cash a check for small amounts such as $.35 or $2.85.

      Setting a minimum amount for a retroactive payment would not affect the plan qualification. As trustee of the Public Employees Retirement fund, the PERS Board is charged with maintaining a stable and viable system which includes the full funding for the benefits provided in the system giving equal consideration to the interests of the public employers and the employee to the extent that treatment does not violate the fiduciary duties of the board. In weighing the interests of public employers and retirees and their beneficiaries, PERS believes that setting a minimum amount of a retroactive payment is both a reasonable and prudent administration of the fund.

Rules Coordinator: Daniel Rivas

Address: Oregon Public Employees Retirement System, PO Box 23700, Tigard, OR 97281

Telephone: (503) 603-7713

 

Rule Caption: Update Social Security annual compensation limits and clarify ORS 238.082 military leave provisions.

Date:                         Time:                        Location:

2-28-12                  3 p.m.                       PERS Boardroom
                                                                           11410 SW 68th Parkway
                                                                           Tigard, OR 97223

Hearing Officer: Daniel Rivas

Stat. Auth.: ORS 238.650

Stats. Implemented: ORS 238.078, 238.082, 238.092, 399.075, 2007 OL Ch. 499 & 774 & 2009 OL Ch. 390 & 868

Proposed Amendments: 459-017-0060

Last Date for Comment: 3-1-12, 5 p.m.

Summary: Update rule to reflect the increased Social Security annual compensation limits, effective January 1, 2012. Also clarify ORS 238.082(6) – replacing an employee called to active military service means taking the position of the absent employee and performing duties appropriate for that position.

Rules Coordinator: Daniel Rivas

Address: Oregon Public Employees Retirement System, PO Box 23700, Tigard, OR 97281

Telephone: (503) 603-7713

 

Rule Caption: Clarify rate to determine crediting of an installment payment in the year of distribution.

Date:                         Time:                        Location:

2-28-12                  3 p.m.                       PERS Boardroom
                                                                           11410 SW 68th Pkwy.
                                                                           Tigard, OR 97223

Hearing Officer: Daniel Rivas

Stat. Auth.: ORS 238.305 & 238.650

Stats. Implemented: ORS 238.260, 238.300, 238.305 & 238.315

Proposed Amendments: 459-007-0090, 459-007-0270

Last Date for Comment: 3-1-12, 5 p.m.

Summary: OAR 459-007-0090 and 459-007-0270 currently provide for proration of the annual rate to determine the crediting of an installment payment in the year of distribution. “Annual rate” is incorrect and that it should be the latest year to date calculation as of the date of distribution.

Rules Coordinator: Daniel Rivas

Address: Oregon Public Employees Retirement System, PO Box 23700, Tigard, OR 97281

Telephone: (503) 603-7713

Oregon University System,
Western Oregon University
Chapter 574

Rule Caption: Revisions to special course fees and general services fees.

Stat. Auth.: ORS 351.070 & 351.072

Stats. Implemented: ORS 351.070 & 351.072

Proposed Amendments: 574-050-0005

Last Date for Comment: 1-21-12

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

Oregon Youth Authority
Chapter 416

Rule Caption: OYA has established a Research Committee to review research proposals and recommend approval or denial.

Stat. Auth.: ORS 420A.025

Stats. Implemented: ORS 420A.010

Proposed Amendments: 416-170-0000, 416-170-0005, 416-170-0010, 416-170-0020, 416-170-0030

Last Date for Comment: 1-31-12, 5 p.m.

Summary: OYA has established a Research Committee to review research proposals and recommend approval or denial to OYA executive staff. OYA requires all proposals be approved by a human subjects review committee (e.g., institutional review board). These rules establish general project review and approval standards for OYA.

Rules Coordinator: Winifred Skinner

Address: Oregon Youth Authority, 530 Center St. NE, Suite 200, Salem, OR 97301-3765

Telephone: (503) 373-7570

Parks and Recreation Department
Chapter 736

Rule Caption: Local Government Grant Program Rule Changes as Required by Senate Bill 342.

Date:                         Time:                        Location:

1-17-12                  6 p.m.                       North Mall Office Bldg.
                                                                           725 Summer St. NE, Rm 124A
                                                                           Salem, OR 97301

1-18-12                   6 p.m.                       Crossings at the Riverhouse
                                                                           3075 N Business 97
                                                                           Deschutes Rm. B
                                                                           Bend, OR

1-19-12                   6 p.m.                       Santo Community Center
                                                                           701 N Columbus Ave, Rm. 18
                                                                           Medford, OR 97501

Hearing Officer: Michele Scalise

Stat. Auth.: ORS 390.124 & ORS 390.180

Stats. Implemented: ORS 390.180 & Oregon Laws 2011, chapter 643

Proposed Adoptions: Rules in 736-006

Proposed Amendments: Rules in 736-006

Proposed Repeals: Rules in 736-006

Last Date for Comment: 2-15-12, 4 p.m.

Summary: The proposed rules will codify procedures necessary to implement Senate Bill 342 from the 76th Legislative Assembly – 2011 Regular Session, which sets 12% of the State Parks and Recreation Department Fund for grants to regional and local governments to acquire, develop or improve public parks, natural areas or outdoor recreation areas. In addition, we have had conversations with different stakeholders who have expressed interest in reviewing the administrative rules to help address local needs that have emerged since the rules were last updated. Some local governments have expressed concerns about their struggle to come up with cash for their required match portion, some have indicated a desire for assistance with backlogged maintenance and repairs.

      Public hearing meetings are scheduled for 2 hours from 6:00 to 8:00 pm.

Rules Coordinator: Vanessa DeMoe

Address: Parks and Recreation Department, 725 Summer St. NE, Suite C, Salem, OR 97301

Telephone: (503) 986-0719

 

Rule Caption: Amendment of OAR 736-018-0045 to Adopt the Cottonwood Canyon State Park Comprehensive Plan.

Date:                         Time:                        Location:

1-24-12                  6 p.m.                       City of Condon Memorial Hall
                                                                           128 S. Main St.
                                                                           Condon, OR 97823

Hearing Officer: Mark Davison

Stat. Auth.: ORS 390.180

Stats. Implemented: ORS 390.180(1)

Proposed Amendments: 736-018-0045

Last Date for Comment: 2-23-12, 4 p.m.

Summary: ORS 390.180(1) authorizes the Director of the Oregon Parks and Recreation Department (OPRD) to adopt administrative rules that establish a plan for each state park. Accordingly, OPRD is adopting a plan for Cottonwood Canyon State Park, a new state park on the John Day River. Plans for state parks are adopted as state rules under OAR 736-018-0045. The purpose of amending OAR 736-018-0045 is to adopt the new plan for Cottonwood Canyon as a state rule.

      The plan for the park responds to the most current information on park resource conditions and public recreation needs as they pertain to this park setting. The plan was formulated through OPRD’s mandated planning process involving meetings with the general public, an advisory committee, recreation user groups, environmental advocacy groups, affiliated Tribes, affected state and federal agencies and local governments, local land owners and the local Chamber of Commerce

      Those wishing to make public comment at the 1/24/2012 meeting should register with the hearings officer between 6:00 pm and 6:45 pm on the day of the meeting.

Rules Coordinator: Vanessa DeMoe

Address: Parks and Recreation Department, 725 Summer St. NE, Suite C, Salem, OR 97301

Telephone: (503) 986-0719

 

Rule Caption: Amend OAR 736-021 General Ocean Shore State Recreation Area rules.

Date:                         Time:                        Location:

1-26-12                  3 p.m.                       North Bend Library
                                                                           1800 Sherman Ave.
                                                                           North Bend, OR 97459

1-27-12                   3 p.m.                       Gold Beach City Hall
                                                                           29592 Ellensburg Ave.
                                                                           Gold Beach, OR 97444

1-30-12                   7 p.m.                       Newport Recreation Center
                                                                           225 Avery St., Rm. 105
                                                                           Newport, OR 97365

1-31-12                   7 p.m.                       Cannon Beach City Hall
                                                                           163 E. Gower St.,
                                                                           (Council Chambers)
                                                                           Cannon Beach, OR 97110

1-24-12                   3:30 p.m.               North Mall Office Bldg.
                                                                           725 Summer St. NE, Rm. 124B
                                                                           Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS. 390

Stats. Implemented: ORS. 390

Proposed Adoptions: 736-021-0065

Proposed Amendments: Rules in 736-021

Proposed Repeals: 736-021-0110

Last Date for Comment: 2-6-12, 4 p.m.

Summary: Rule change allows certain department officials and peace officers the authority to order rule violators to leave or to exclude them from the ocean shore area for a period of time; establishes an appeal process for exclusions; requires domestic animal handlers to maintain control and be responsible for animal behavior; establishes specific standards for natural product removal for personal use; prohibits seasonal collection and prospecting in Western Snowy Plover areas; prohibits altering the natural environment or disturbing natural resources; prohibits or regulates certain activities to ensure safety, preservation and access for all; clarifies rules for items of value found on the ocean shore; etc.

      Those wishing to make public comment during a public hearing must register with the hearings officer in the first 45 minutes of the meeting.

Rules Coordinator: Vanessa DeMoe

Address: Parks and Recreation Department, 725 Summer St. NE, Suite C, Salem, OR 97301

Telephone: (503) 986-0719

Physical Therapist Licensing Board
Chapter 848

Rule Caption: Amend temporary permits, exam scores, lapsed fee, continuing education, board sanctions and initiation standards rules.

Date:                         Time:                        Location:

1-20-12                  8:30 a.m.                PSOB
                                                                           800 NE Oregon St., Rm. 445
                                                                           Portland, OR 97232

Hearing Officer: James D. Heider

Stat. Auth.: ORS 688.160(6)(c)

Stats. Implemented: ORS 688.040, 688.100, 688.110, 688.140, 688.160(6)(b), 688.160(6)(g) & 688.160(i)

Proposed Amendments: 848-010-0015, 848-010-0020, 848-010-0026, 848-010-0035, 848-035-0030, 848-035-0040, 848-040-0125, 848-045-0010

Last Date for Comment: 1-20-12, 8:30 a.m.

Summary: Review and amend current rules to extend temporary permit for first time test takers from 60 days to 90 days to accommodate the new national examination fixed date testing; amend multiple passing score criteria for pre-1996 test takers to simply passing an exam approved by the board; change the late charge for a lapsed license fee to a single charge instead of a late charge for each year lapsed; broaden approved CE to include credit for other activities such as performing as a Clinical Instructor or for writing an published article; publish the Board’s adopted sanction matrix into rule for practicing with a lapsed license and non-compliance with CE regulations; and clarify the need for performing an initial evaluation in the standards to initiate physical therapy; and other housekeeping items.

Rules Coordinator: James Heider

Address: Physical Therapist Licensing Board, 800 NE Oregon St, Suite 407, Portland, OR 97232

Telephone: (971) 673-0203

Public Utility Commission
Chapter 860

Rule Caption: In the Matter of Rule Changes Related to Utility Tax Information (SB-967) and Confidential Information.

Date:                         Time:                        Location:

2-8-12                     9:30 a.m.                Public Utility Commission
                                                                           550 Capitol St. NE, 1st Floor
                                                                           Salem, OR 97301

Hearing Officer: Lisa Hardie

Stat. Auth.: ORS Ch. 183, 756, 757, 759 & 756.040 & 756.060

Other Auth.: Senate Bill 967, 2011 legislative session, codified as Oregon Laws 2011, Chapter 137

Stats. Implemented: ORCP(36), ORS 183.425, 183.450, 756.040, 756.055, 756.060, 756.105, 756.500–756.575, 756.990; 757.205, 757.511 & 759.175

Proposed Amendments: 860-001-0080, 860-001-0500, 860-022-0019, and 860-027-0200

Proposed Repeals: 860-022-0041

Last Date for Comment: 2-22-12, 5 p.m.

Summary: The rulemaking is needed to implement Senate Bill 967 (2011 legislative session) and to clarify procedures for handling confidential information. SB 967 relates to rates of public utilities; created new provisions; amended ORS 757.210 and 757.511; and repealed ORS 757.267 and 757.268.

      The Commission encourages participants to file written comments as early as practicable in the proceedings so that other participants have the opportunity to consider and respond to the comments before the deadline. Please reference Docket No. AR 553 on comments and file them by e-mail to the Commission’s Filing Center at PUC.FilingCenter@state.or.us and also send a signed hard copy to the Filing Center at PO Box 2148, Salem, Oregon 97308-2418. For more information about the Commission's Filing Center, please see http://apps.puc.state.or.us/edockets/center.htm. Interested persons may review all filings online at http://apps.puc.state.or.us/edockets/docket.asp?DocketID=16875

      Participants wishing to monitor the hearing by telephone (listen only) must contact Diane Davis at diane.davis@state.or.us or (503) 378-4372 by close of business February 3, 2012, to request a dial -in number. To present oral comment at the hearing, participants must attend in person.

Rules Coordinator: Diane Davis

Address: Public Utility Commission of Oregon, PO Box 2148, Salem, OR 97308

Telephone: (503) 378-4372

 

Rule Caption: In the Matter of Corrections to OAR 860-039-0005.

Stat. Auth.: ORS Ch. 183, 756 & 757

Stats. Implemented: ORS 756.040 & 757.300

Proposed Amendments: 860-039-0005

Last Date for Comment: 1-23-12, Close of Business

Summary: The Commission adopted changes to the definitions found in OAR 860-039-0005 by Order No. 11-338 (Docket AR 548). The rule changes adopted in AR 548 were filed with the Secretary of State and became effective on September 7, 2011. On September 8, 2011, the Commission adopted general waiver provisions to nearly all divisions of its rules by Order No. 11-346 (Docket AR 554). When the proposed rules for AR 554 were drafted, the changes to OAR 860-039-0005 had not yet been adopted and were not reflected in the proposed rules. When the Commission adopted the AR 554 changes, due to a scrivener error, it failed to capture in the adopted rule language the definition changes adopted on the previous day. This rulemaking proposes to reinstate the changes to the definitions that were previously adopted by the Commission but inadvertently removed by the subsequent adoption of changes in AR 554.

      The Commission encourages participants to file written comments as early as practicable in the proceeding so that other participants have the opportunity to consider and respond to the comments before the deadline. Please reference Docket No. AR 562 on comments and file them by e-mail to the Commission’s Filing Center at PUC.FilingCenter@state.or.us and also send a signed hard copy to the Filing Center at PO Box 2148, Salem, Oregon 97308-2418. For more information about the Commission's Filing Center, please see http://apps.puc.state.or.us/edockets/center.htm. Interested persons may review all filings online by querying AR 562 the Commission’s eDockets search page at http://apps.puc.state.or.us/edockets/search.asp.

Rules Coordinator: Diane Davis

Address: Public Utility Commission of Oregon, PO Box 2148, Salem, OR 97308

Telephone: (503) 378-4372

Secretary of State,
Audits Division
Chapter 162

Rule Caption: Update Minimum Standards for Review of Oregon Municipal Corporations for change in professional standards.

Stat. Auth.: ORS 297

Stats. Implemented: ORS 297.465

Proposed Adoptions: 162-040-0096

Proposed Amendments: 162-040-0001, 162-040-0002, 162-040-0005, 162-040-0010, 162-040-0020, 162-040-0050, 162-040-0054, 162-040-0055, 162-040-0060, 162-040-0065, 162-040-0070, 162-040-0075, 162-040-0095, 162-040-0155

Proposed Repeals: 162-040-0015, 162-040-0090, 162-040-0110, 162-040-0115, 162-040-0120, 162-040-0125, 162-040-0130, 162-040-0135, 162-040-0136, 162-040-0140, 162-040-0146, 162-040-0148

Last Date for Comment: 1-28-12, Close of Business

Summary: (1) Amend rules for outdated and clarifying language to bring rules up to date.

      (2) Repeal OAR 162-040-0015 – Duplicates standards already prescribed for reviews by the AICPA.

      Repeal OAR 162-040-0090, 162-040-0110, 162-040-0115, 162-040-0120, 162-040-0125, 162-040-00130, 162-040-0135, 162-040-00136, 162-040-0140, 162-040-0146, 162-040-0148 – Removes required procedures and report by auditor for municipality’s compliance with laws, rules and regulations.

      (4) Adopt OAR 162-040-0096 – Requires report of municipality acknowledging its responsibilities for compliance with Oregon laws, rules, and regulations.

Rules Coordinator: Julie A. Sparks

Address: Secretary of State, Audits Division, 255 Capitol St. NE, Suite 500, Salem, OR 97310

Telephone: (503) 986-2255

Teacher Standards and Practices Commission
Chapter 584

Rule Caption: Adopts new licensure rules for CPD, Restricted and Emergency Social Workers, amends Fee rule and rule 584-036-0015 to remove building limitations except for Specialty Endorsements.

Date:                         Time:                        Location:

1-23-12                  1 p.m.                       TSPC Office
                                                                           250 Division St. NE
                                                                           Salem, OR 97301

Hearing Officer: Lynn Beaton

Stat. Auth.: ORS 342

Stats. Implemented: ORS 342.120–342.430, 342.455–342.495 & 342.553

Proposed Adoptions: 584-036-0057, 584-090-0100, 584-090-0105, 584-090-0110, 584-090-0115, 584-090-0120, 584-070-0441, 584-070-0451

Proposed Amendments: 584-036-0055, 584-036-0015(T)

Last Date for Comment: 2-2-12, 2 p.m.

Summary: ADOPT: 584-036-0057, Late Fee Waiver: Allows educators who are unable to find employment during the life of a license to waive late fees upon reinstatement of their license issued by TSPC.

      584-090-0100, Professional Development General: Requires professional development for all educators including charter schools and school nurses.

      584-090-0105, Professional Development Objectives: Adopts objectives that align with the national standards adopted by Learning Forward.

      584-090-0110, Standards for Professional Learning: Clarifies the professional development standards are aligned with the national standards developed and adopted by Leaning Forward in 2011.

      584-090-0115, Continuing Professional Development Requirement: Clarifies requirements for CPD.

      584-090-0120, Approval of Continuing Professional Development: Requires educators who are employed and not employed must supply evidence their CPD was completed at the time of renewal.

      584-070-0441, Restricted Transitional School Social Worker: Creates new license for situations when districts may wish to license persons who are either attempting to complete a school social worker programs, or who are planning to enroll in a school social worker program.

      584-070-0451, Emergency School Social Worker License: Adopts new license for districts to hire an emergency Social Worker. The license allows for an “extension” without issuing an “informal” extension to a license.

      AMEND: 584-036-0055, Fees: Amends rule to state: (c) If the educator is eligible for fee waiver under OAR 584-036-0057; the Executive Director may waive late fees.

      584-036-0015(T), Basic and Standard Teaching Licenses with Authorizations and Endorsement: Aligns Basic and Standard licenses with Initial and Continuing Licenses. Removes reference to “building limitations” except in Specialty Endorsements. Filed Temporary until May 11, 201

Rules Coordinator: Lynn Beaton

Address: Teacher Standards and Practices Commission, 250 Division St. NE, Salem, OR 97301

Telephone: (503) 373-0981

 

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, 2011.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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