Oregon Bulletin
NOTICES OF PROPOSED RULEMAKING AND
PROPOSED RULEMAKING HEARINGS
The following agencies provide Notice of Proposed Rulemaking to offer interested parties reasonable opportunity to submit data or views on proposed rulemaking activity. To expedite the rulemaking process, many agencies have set the time and place for a hearing in the notice. Copies of rulemaking materials may be obtained from the Rules Coordinator at the address and telephone number indicated.
Public comment may be submitted in writing directly to an agency or presented orally or in writing at the rulemaking hearing. Written comment must be submitted to an agency by 5:00 p.m. on the Last Day for Comment listed, unless a different time of day is specified. Written and oral comments may be submitted at the appropriate time during a rulemaking hearing as outlined in OAR 137-001-0030.
Agencies providing notice request public comment on whether other options should be considered for achieving a proposed administrative rule's substantive goals while reducing negative economic impact of the rule on business.
In Notices of Proposed Rulemaking where no hearing has been set, a hearing may be requested by 10 or more people or by an association with 10 or more members. Agencies must receive requests for a public rulemaking hearing in writing within 21 days following notice publication in the Oregon Bulletin or 28 days from the date notice was sent to people on the agency mailing list, whichever is later. If sufficient hearing requests are received by an agency, notice of the date and time of the rulemaking hearing must be published in the Oregon Bulletin at least 14 days before the hearing.
*Auxiliary aids for persons with disabilities are available upon advance request. Contact the agency Rules Coordinator listed in the notice information.
Rule Caption: 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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 |