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Oregon Bulletin

January 1, 2014

 

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 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. 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 Chiropractic Examiners, Chapter 811

Rule Caption: Third hearing for new OAR 811-010-0125 “Master of the Ship”

Date:   Time:   Location:

1-23-14    1 p.m.   University of Western States,       Hampton Hall      2900 NE 32nd Ave.      Portland, Oregon

Hearing Officer: Dave McTeague, Executive Director

Stat. Auth.: ORS 684

Stats. Implemented: ORS 684.155(1)(b)

Proposed Amendments: 811-035-0015

Last Date for Comment: 1-23-14, Close of Hearing

Summary: Unprofessional Conduct — add “Master of the Ship” proposed language. (This IS a change previously proposed to adopt a NEW rule.). Proposes to provide that chiropractic clinic owners share responsibility for employee/associate compliance.

Rules Coordinator: Kelly J. Beringer

Address: Board of Chiropractic Examiners, 3218 Pringle Rd. SE, Suite 150, Salem, OR 97302

Telephone: (503) 373-1573


Board of Licensed Professional Counselors and Therapists, Chapter 833

Rule Caption: Intern registration effective dates and renewal requirements; licensee and registered intern informed consent requirements.

Stat. Auth.: ORS 675.705–675.835

Stats. Implemented: ORS 675.705–675.835

Proposed Amendments: 833-050-0061, 833-050-0131, 833-100-0021

Last Date for Comment: 1-31-14, 5 p.m.

Summary: The revised rules would require that registered interns continue to renew their internships during the time between completing internship hours and becoming licensed and may only practice under supervision of a licensed mental health professional during that time period.

   The revised rule allows for waiver of distributing an informed consent document to all clients.

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


Board of Psychologist Examiners, Chapter 858

Rule Caption: Resident client progress notes.

Stat. Auth.: ORS 675.010–675.150

Stats. Implemented: ORS 675.030, 675.065 & 675.110

Proposed Amendments: 858-010-0036

Last Date for Comment: 2-28-14, 5 p.m.

Summary: The proposed amendment removes the requirement that post-degree supervisors must countersign residents’ client progress notes.

Rules Coordinator: LaRee Felton

Address: Board of Psychologist Examiners, 3218 Pringle Rd. SE, Suite 130, Salem, OR 97302

Telephone: (503) 373-1196


Bureau of Labor and Industries, Chapter 839

Rule Caption: Public employer requirement to reference veteran special qualifications and transferable skills in job announcements.

Stat. Auth.: ORS 659A.805

Stats. Implemented: ORS 408.230, 408.235, 408.237

Proposed Amendments: 839-006-0450

Last Date for Comment: 2-4-14, 5 p.m.

Summary: The amendment clarifies that public employers must include in a job recruitment announcement any special qualifications and transferable skills required or requested in addition to minimum qualifications for the position, so that veterans applying for the position know to include and address those in their application materials.

Rules Coordinator: Marcia Ohlemiller

Address: Bureau of Labor and Industries, 800 NE Oregon St., Ste. 1045, Portland, OR 97232

Telephone: (971) 673-0784


Citizens’ Initiative Review Commission, Chapter 710

Rule Caption: Rules related to procedure and administration for Citizens’ Initiative Review Commission

Date:   Time:   Location:

1-29-14    11 a.m.   506 S.W. Mill St., Suite 710      Portland, OR

Hearing Officer: Tony Iaccarino

Stat. Auth.: ORS 182.462(1), 183, 183.341, 250.137(3)(b) & 2013 OL Ch. 722 Sec. 11

Stats. Implemented: ORS 182.462(1), 183, 183.341 & 2013 OL Ch. 722 Sec. 11

Proposed Adoptions: 710-001-0000, 710-001-0005, 710-005-0005

Last Date for Comment: 1-29-14, 12 p.m.

Summary: The first two proposed rules are procedural: the first identifies the procedures by which the Citizens’ Initiative Review Commission, a newly established semi-independent state agency, will provide notice of rulemaking; the second affirms that the Commission shall adopt the Attorney General’s Model Rules of Procedure. The third and final proposed rule is administrative, specifying the Commission’s 2013–15 Biennium Budget, and the method for amending the budget if necessary.

Rules Coordinator: Tony Iaccarino

Address: Citizens’ Initiative Review Commission, P.O. Box 9156, Portland, OR 97207-9156

Telephone: (503) 508-0886


Construction Contractors Board, Chapter 812

Rule Caption: Fees for course approval, Series B courses, rosters, timelines, certificates and renewal

Date:   Time:   Location:

1-28-14    11 a.m.   West Salem Roth’s IGA       Santiam Rm.      425 Glen Creek Rd.      Salem, OR

Hearing Officer: Rob Yorke

Stat. Auth.: ORS 670.310, 701.235 & 2013 OL Ch. 718

Other Auth.: 2013 OL Ch. 718

Stats. Implemented: 2013 OL Ch. 718

Proposed Adoptions: 812-022-0029

Proposed Amendments: 812-022-0010, 812-022-0015, 812-022-0021, 812-022-0025, 812-022-0026, 812-022-0027, 812-022-0028, 812-022-0034, 812-022-0035

Last Date for Comment: 1-28-14, Close of Hearing

Summary: 812-022-0010 is amended to allow providers that obtained approval under the old law or obtain approval under the new law to continue to offer BEST or building codes courses that were approved under the old law. This will be without additional cost or application requirements for the providers or courses. And, SB 783, Section 7(2), permits a phase-in approach to developing the new system, until January 1, 2015. For the first three months of 2014, renewing contractors may elect to renew under the old or the new law.

   812-022-0015 is amended to clarify that it is the “scheduled renewal date,” not when the actual renewal occurs, that establishes the look-back period for licensure for six years.

   812-022-0021 is amended to clarify that plumbing or electrical contractor’s owner or employee must complete the trade licensing continuing education to qualify the contractor for the exemption.

   812-022-0025 is amended to remove the ability to apply as a provider and submit course approval at the same time; and to permit community colleges and SBDCs to become providers without paying the $2,000 application fee. It will also permit community colleges and SBDCs to become providers without submitting a $20,000 surety bond.

   812-022-0026 is amended to permit community colleges and SBDCs to become providers without paying the $2,000 application fee. It will also permit community colleges and SBDCs to become providers without submitting a $20,000 surety bond.

   812-022-0027 is amended to delete references to the agency agreements with providers. The rule can be revised at a later date, if and when, the agency begins entering into provider agreements. And it is amended to permit community colleges and SBDCs to become providers without obtaining a $20,000 surety bond.

   812-022-0028 is amended to require RCE provider approval prior to submitting a Series A course for approval.

   812-022-0029 is adopted to establish a $100 fee for course approval of any Series A course.

   812-022-0034 is amended to describe when contractors may take Series B courses and require RCE provider approval prior to submitting a Series B course for registration.

   812-022-0035 is amended to require providers to maintain student rosters for Series B courses. Describes information that must be included in student rosters. Requires providers to issue certificate of completion for each Series B course and indicates what information must be contained in certificate.

   NOTE: In order to save postage and printing costs in these difficult times, CCB is only providing a copy of the notice. To view the language of each individual rule change, please go to our web site at http://www.oregon.gov/CCB/Laws_Rules.shtml#Administrative_Rule_Notices. If you don’t have web access, contact Rules Coordinator Cathy Dixon at (503) 934-2185 for assistance in receiving a copy.

Rules Coordinator: Catherine Dixon

Address: Construction Contractors Board, 700 Summer St. NE, Suite 300, Salem, OR 97310

Telephone: (503) 934-2185


Department of Agriculture, Chapter 603

Rule Caption: Adopts Grade “A” Pasteurized Milk Ordinance, 2013 Revision

Date:   Time:   Location:

1-30-14    10 a.m.   Oregon Department of Agriclture       635 Capitol St. NE      Basement Hearing Rm.      Salem, OR 97301

Hearing Officer: Eric Edmunds

Stat. Auth.: ORS 561.020 & 621

Stats. Implemented: ORS 621.058

Proposed Amendments: 603-024-0211

Last Date for Comment: 1-31-14, 5 p.m.

Summary: The Grade “A” Pasteurized Milk Ordinance (PMO) is a document that addresses the need for continued vigilance at every stage of production, processing, pasteurization and distribution of milk and milk products. The document is released biennially in odd-numbered years after the National Conference on Interstate milk Shipments (NCIMS). The Conference consists of many aspects of the dairy industry; it includes dairy farmers, plant personnel, inspectors, policy analysts, lawmakers, legal enforcement, academics, and consumers. During the Conference members deliberate and consider proposals submitted by various individuals from state and local regulatory agencies, FDA, U.S. Department of Agriculture (USDA), producers, processors, consumers, and others who have an interest in ensuring that the dairy products being produced and consumed are safe.

   After considering relevant proposals and issues, the NCIMS releases current revisions of the PMO, which is recommended for legal adoption by States, Counties, and Municipalities, in order to encourage a greater uniformity and a higher level of excellence of milk sanitation practice in the United States. ODA intends to adopt the Grade “A” Pasteurized Milk Ordinance, 2013 Revision (PMO, 2013 Revision) by reference to ensure that the shipment and acceptance of milk and milk products in interstate and intrastate commerce is uniform and of a high sanitary quality. The PMO, 2013 Revision will become effective on November 8, 2014.

Rules Coordinator: Sue Gooch

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

Telephone: (503) 986-4583


Rule Caption: Adopts National Shellfish Sanitation Program: Guide for the Control of Molluscan Shellfish, 2011 Revision

Date:   Time:   Location:

1-30-14    9 a.m.   Oregon Department of Agriclture       635 Capitol St. NE      Basement Hearing Rm.      Salem, OR 97301

Hearing Officer: Eric Edmunds

Stat. Auth.: ORS 561.190 & 622.180

Stats. Implemented: ORS 622.180

Proposed Amendments: 603-100-0010

Last Date for Comment: 1-31-14, 5 p.m.

Summary: The National Shellfish Sanitation Program (NSSP) is the federal/state cooperative program recognized by the U.S. Food and Drug Administration (FDA) and the Interstate Shellfish Sanitation Conference (ISSC) for the sanitary control of shellfish produced and sold for human consumption. The NSSP promotes and improves the sanitation of shellfish (oysters, clams, mussels and scallops) moving in interstate commerce through federal/state cooperation and uniformity of State shellfish programs. As an NSSP participant, the Oregon Department of Agriculture (ODA) works with other States, FDA, the Environmental Protection Agency (EPA), the National Oceanic and Atmospheric Association (NOAA), and the shellfish industry to provide guidance and counsel on matters for the sanitary control of shellfish.

   The ISSC provides a formal structure for ODA to participate in establishing regulatory guidelines and procedures for uniform state application of the Program. After FDA concurs with the NSSP Model Ordinance proposed by ISSC, the guidelines are published in current revisions of the NSSP Model Ordinance. The Model Ordinance includes guidelines to ensure that the shellfish produced in Oregon are in compliance with sanitary measures, and are safe for human consumption. The most current revision is titled National Shellfish Sanitation Program: Guide for the Control of Molluscan Shellfish, 2011 Revision. ODA intends to adopt the Guide for the Control of Molluscan Shellfish, 2011 Revision, which will become effective upon filing a permanent administrative rule certificate.

Rules Coordinator: Sue Gooch

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

Telephone: (503) 986-4583


Department of Agriculture, Oregon Trawl Commission, Chapter 656

Rule Caption: Amends commissioner qualifications, chair and other officers, and per diem compensation.

Stat. Auth.: ORS 576, 576.206, 576.225, 576.265, 576.285, 576.304, 2013 OL Ch. 90

Other Auth.: OAR 656-001-000 Motion approved at 8/22/13 & 11/7/13 meetings of the Oregon Trawl Commission.

Stats. Implemented: ORS 576, 576.206, 576.225, 576.265, 576.285 & 2013 OL Ch. 90

Proposed Amendments: 656-030-0020, 656-030-0040, 656-040-0010

Last Date for Comment: 1-22-14, 12 p.m.

Summary: OAR 656-030-0010 The Oregon Trawl Commission consists of eight (8) commissioners. The current Administrative Rules under 656-030-0020 (2)(c) states “At least one member will be a handler”. The change clarifies that two members will be handlers.

   OAR 656-030-0020 (3) is deleted.

   OAR 656-030-0020 (4) is renumbered to (3) and revised to update the rule number referenced and to reduce the length of vacancy from one (1) year to 90 days.

   OAR 656-030-0040 does not include the office of Secretary-Treasurer. This proposed rule change will add the office of Secretary-Treasurer to the commission. This rule change complies with ORS 576.285.

   OAR 656-040-0010 (2) changes per diem for commissioners from $30 to $100. The 2009 Oregon Legislature approved HB 2458 which amended ORS 576.265 to exempt commodity commissions from the per diem limits set in ORS 292.495.

Rules Coordinator: Brad Pettinger

Address: Department of Agriculture, Oregon Trawl Commission, 16289 Hwy. 101 S, Suite C, Brookings, OR 97415

Telephone: (541) 469-7830


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

Rule Caption: Sets minimum number of times directors of financial institutions must meet

Date:   Time:   Location:

1-30-14    1:30 p.m.   Labor & Industries Bldg.,       Conference Rm. 260      350 Winter St. NE      Salem, OR 97301

Hearing Officer: TK Keen

Stat. Auth.: ORS 707.670

Other Auth.: 2013 OL Ch. 104, Sec. 1 (Enrolled HB 2070)

Stats. Implemented: ORS 707.670

Proposed Adoptions: 441-505-2000

Last Date for Comment: 2-6-14, 5 p.m.

Summary: Like any corporation, the board of directors appointed to direct and control the overall affairs of a banking institution (i.e., certain state-chartered banks) meets according to the terms of the institution’s bylaws or articles of incorporation. However, unlike other corporations, the Oregon Bank Act (ORS chapters 706 to 716) specifies the default frequency of board meetings. Prior to 2013, boards of directors of banking institutions met at least once a month. Banking institutions could obtain approval from the Director of the Department of Consumer and Business Services to meet once every calendar quarter. In 2013, the Legislature adopted changes to the Oregon Bank Act through the passage of HB 2070. Among the changes in the bill, the Bank Act now requires the Director of the Department of Consumer and Business Services to set the frequency of board meetings by rule. This proposed rulemaking activity sets the minimum number of regularly-scheduled meetings as four times per year, with flexibility by the Director to require additional meetings if needed to meet the unique situation of a particular banking institution.

Rules Coordinator: Shelley Greiner

Address: Department of Consumer and Business Services, Finance and Corporate Securities, 350 Winter St. NE, Rm. 410, Salem, OR 97301

Telephone: (503) 947-7484


Department of Consumer and Business Services, Insurance Division, Chapter 836

Rule Caption: Adoption of Annual and Supplemental Statement Blanks and Instructions for Reporting Year 2013

Stat. Auth.: ORS 731.244, 731.574, 733.210

Stats. Implemented: ORS 731.574, 733.210

Proposed Amendments: 836-011-0000

Last Date for Comment: 1-20-14, 5 p.m.

Summary: This rulemaking prescribes, for reporting year 2013, the required forms for the annual and supplemental financial statements required of insurers and health care service contractors under ORS 731.574, as well as the necessary instructions for completing the forms.

Rules Coordinator: Victor Garcia

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

Telephone: (503) 947-7260


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

Rule Caption: Amendment of rules governing electronic data interchange for reporting medical bill data

Stat. Auth.: ORS 656.726(4)

Stats. Implemented: ORS 656.264

Proposed Amendments: 436-160-0410

Last Date for Comment: 1-24-14, Close of Business

Summary: The agency proposes to correct the requirement code lists in the appendices to OAR 436-160-0410, as needed. Specifically, for data element DN 0504, “FACILITY CODE,” the requirement code for an institutional SV2 cancellation is listed as “NA,” but should be “F” (fatal technical).

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: Earned Time Credits for Crimes Committed on or after July 1, 2013

Stat. Auth.: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120–421.122, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120–421.122, 423.020, 423.030 & 423.075

Proposed Adoptions: 291-097-0231

Last Date for Comment: 2-14-14, 4:30 p.m.

Summary: This rule is necessary to establish by administrative rule changes made to ORS 421.121 with regard to earned time credits from 2010 legislation (SB 1007) that went into effect on July 1, 2013. Inmates serving sentences for crimes committed on or after July 1, 2013 may earn sentence reduction credits up to 20 percent. Some inmates are not eligible for any earned time credits, including inmates serving a sentence for a Measure 11 crime (mandatory minimum).

Rules Coordinator: Janet R. Worley

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

Telephone: (503) 945-0933


Rule Caption: Cross-Gender Searches and Searches of Transgender and Intersex Inmates in ODOC Custody

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

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

Proposed Adoptions: 291-041-0018

Proposed Amendments: 291-041-0020

Last Date for Comment: 2-14-14, 4:30 p.m.

Summary: The Prison Rape Elimination Act (PREA) was passed unanimously by Congress and signed into law by President Bush in 2003. The U. S Department of Justice finalized and published national PREA standards (28 C.F.R. Part 115) for all prisons, jails, lockups, and detention facilities in the United States in 2012. The final rule adopts national standards to prevent, detect, and respond to incidents of sexual violence, sexual coercion, and sexual solicitation. These rule modifications are necessary to ensure ODOC administrative rules for conducting cross-gender searches and searches of transgender and intersex inmates align with the national PREA standards.

Rules Coordinator: Janet R. Worley

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

Telephone: (503) 945-0933


Rule Caption: Inmate Grievances Regarding Allegations of Sexual Abuse

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

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

Proposed Adoptions: 291-109-0200

Proposed Amendments: 291-109-0180

Proposed Repeals: 291-109-0125

Last Date for Comment: 2-14-14, 4:30 p.m.

Summary: The Prison Rape Elimination Act (PREA) was passed unanimously by Congress and signed into law by President Bush in 2003. The U. S Department of Justice finalized and published national PREA standards (28 C.F.R. Part 115) for all prisons, jails, lockups, and detention facilities in the United States in 2012. The final rule adopts national standards to prevent, detect, and respond to incidents of sexual violence, sexual coercion, and sexual solicitation. These rule modifications are necessary to ensure ODOC administrative rules for processing of inmates grievances regarding allegations of sexual abuse align with the national PREA standards.

Rules Coordinator: Janet R. Worley

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

Telephone: (503) 945-0933


Rule Caption: Savanna Haven Property

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

Stats. Implemented: ORS 179.040, 184.423, 276.054, 423.020, 423.030 & 423.075

Proposed Adoptions: 291-073-0100, 291-073-0110

Last Date for Comment: 2-14-14, 4:30 p.m.

Summary: These rules are necessary to establish as policy of the Department of Corrections the appropriate utilization of approximately 104 acres of real property owned by the department situated in Marion County, Oregon, inside the City of Salem bordering the Oregon State Correctional Institution. Consistent with the Oregon Sustainability Act, it is the policy of the department to maintain and utilize the property in a manner that preserves the habitat values of the existing oak savanna and secures the area from commercial and industrial encroachment.

Rules Coordinator: Janet R. Worley

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

Telephone: (503) 945-0933


Department of Energy, Chapter 330

Rule Caption: Adds requirement for periodic review of certain facilities eligible for the Oregon Renewable Portfolio Standard.

Date:   Time:   Location:

1-23-14    10 a.m.   OR Dept. of Energy      625 Marion St. NE      Salem, OR 97301

Hearing Officer: Kacia Brockman

Stat. Auth.: ORS 469.040, 469A.020 & 469A.130

Stats. Implemented: ORS 469A.020–469A.025, 469A.130–469A.135

Proposed Adoptions: 330-160-0035, 330-160-0037, 330-160-0038, 330-160-0060, 330-160-0070

Proposed Amendments: 330-160-0015, 330-160-0020, 330-160-0025, 330-160-0030, 330-160-0040, 330-160-0050

Last Date for Comment: 1-23-14, 5 p.m.

Summary: This rulemaking is intended to streamline and increase transparency of the requirements for facilities that generate electricity eligible for the Oregon Renewable Portfolio Standard. Included in the proposed rule amendments are: a description of the application process for RPS certification, notification requirements for facilities that undergo changes, renewal requirements for low-impact hydro facilities, requirements for periodic review of multiple-fuel facilities, and a one-time review of the performance of certain hydro efficiency upgrades. Facilities generating electricity from other eligible resources are not subject to review or renewal. The proposed rules also include updated references to the Western Renewable Energy Generation Information System Operating Rules and updated language regarding the tracking of stranded electricity. The rules will become effective upon filing. Text of the proposed rules and hearing details can be found on the department website: http://www.oregon.gov/energy/RENEW/Pages/RPS-Rulemaking.aspx

Rules Coordinator: Kathy Stuttaford

Address: Department of Energy, 625 Marion St. NE, Salem, OR 97301

Telephone: (503) 373-2127


Department of Environmental Quality, Chapter 340

Rule Caption: Align Diesel Grant Program with Federal Guidelines

Date:   Time:   Location:

1-16-14    5 p.m.   811 SW 6th Ave.      Portland, OR

Hearing Officer: DEQ staff

Stat. Auth.: ORS 468.020 & 468A.80

Stats. Implemented: ORS 468A.803

Proposed Amendments: 340-259-0010

Last Date for Comment: 1-21-14, 5 p.m.

Summary: Short summary

   DEQ proposes minor changes to the clean diesel grant and loan program rules.

   Brief history

   The 2013 Oregon Legislature unanimously adopted Senate Bill 249. The bill authorized DEQ to administer federal grants for clean diesel projects and to complete the projects according to federal grant guidelines rather than the more limited state guidelines. Authority to administer clean diesel grants was first provided to DEQ in 2007. Projects that qualified for grants were limited to retrofitting diesel exhaust controls, non-road engine repowers and scrapping pre-1994 trucks. The federal program guidelines provide for many other eligible activities including idle reduction, aerodynamic enhancements and vehicle replacement.

   Although the legislation included an emergency clause making it effective upon filing, DEQ must adopt implementing rules. Failure to adopt the proposed rule would prevent DEQ from offering the broader range projects that are now more attractive to Oregon’s potential applicants interested in reducing harmful emissions from diesel engines.

   Regulated parties

   Participation in the grant program is voluntary. The proposed rules would affect owners of diesel powered vehicles and equipment as sub-recipients of DEQ-secured grant funds. The successful implementation of projects supported by grants authorized under this proposal would affect Oregonians by reducing harmful emissions.

Rules Coordinator: Maggie Vandehey

Address: Department of Environmental Quality, 811 SW Sixth Ave., Portland, OR 97204-1390

Telephone: (503) 229-6878


Rule Caption: Incorporate Lane Regional Air Protection Agency Rules for open burning into State Implementation Plan

Date:   Time:   Location:

1-22-14    5:30 p.m.   LRAPA      1010 Main St.      Springfield, OR 97477

Hearing Officer: Merlyn Hough

Stat. Auth.: ORS 468.020, 468A.035 & 468A.135

Other Auth.: LRAPA Title 13 General Duties & Powers of Board & Director LRAPA Title 14 Rules of Practice & Procedure

Stats. Implemented: ORS 468 & 468A

Proposed Amendments: 340-200-0040

Last Date for Comment: 1-27-14, 5 p.m.

Summary: Short summary

   DEQ proposes to incorporate Lane Regional Air Protection Agency revised regulations for open burning into Oregon’s State Implementation Plan in Oregon Administrative Rule 340-200-0040. The LRAPA Board of Directors adopted open burning rules revisions in an effort to meet federal air quality standards for fine particulate matter, to bring LRAPA in line with state rules and to better coordinate with state and federal requirements. The LRAPA rules were revised to:

   • Clarify when and where small recreational fires such as patio fireplace could occur and identify acceptable fuels for these fires,

   • Include Hazeldell and Siuslaw Rural Fire Protection Districts in the special open-burning control area at the districts’ request,

   • Allow daily end time on burn days to be set earlier than sunset,

   • Restrict the open burning season in the outlying areas of Lane County, and

   • Correct the meaning of the LRAPA acronym to Lane Regional Air Protection Agency.

   Brief history

   LRAPA, in consultation with DEQ and the U.S. Environmental Protection Agency, is responsible for ensuring that Lane County communities comply with federal air quality health standards, including enacting plans to restore healthy air quality in any area violating standards. LRAPA conducts air monitoring, permitting and compliance, inspection and enforcement, and regulates open burning and asbestos abatement throughout Lane County. It also has a woodstove advisory program, an open burning advisory program and conducts special projects focused on air quality. The agency is funded by local dues from Lane County and the cities of Lane County, industrial and other permitting fees, and LRAPA coordinates with DEQ to obtain EPA funding and state general funds.

   On March 14, 2008, the LRAPA Board of Directors adopted the Title 47 open burning rules, provided at the end of this document, and the rules have been in effect in Lane County since their adoption. The Environmental Quality Commission and DEQ have oversight authority to ensure LRAPA meets Clean Air Act requirements. The State Implementation Plan is the State of Oregon Clean Air Act Implementation Plan as adopted by EQC under OAR 340-200-0040 and approved by EPA. EQC’s role is to review LRAPA rules to determine if they comply with state law and the Clean Air Act, approve those rules if they comply, and direct DEQ to submit the approved rules to EPA for federal approval as State Implementation Plan amendments.

   Typically, DEQ submits LRAPA rules to EQC for incorporation into the State Implementation Plan immediately upon adoption by the LRAPA board. However, in this case, DEQ determined that the public notice process held jointly by DEQ and LRAPA several years ago did not meet requirements for State Implementation Plan rules, which are above and beyond requirements for normal rulemaking. Performing rulemaking is resource intensive and DEQ was unable to perform the additional public notice requirements until now.

   Regulated parties

   This proposal does not change the regulated parties or requirements for regulated parties from the rules that LRAPA’s board adopted in 2008. The 2008 rules affect residential open burning in Lane County.

Rules Coordinator: Maggie Vandehey

Address: Department of Environmental Quality, 811 SW Sixth Ave., Portland, OR 97204-1390

Telephone: (503) 229-6878


Rule Caption: Incorporate Lane Regional Air Protection Agency Rules for permit streamlining into State Implementation Plan

Date:   Time:   Location:

1-22-14    5:30 p.m.   LRAPA      1010 Main St.      Springfield, OR

Hearing Officer: Merlyn Hough

Stat. Auth.: ORS 468.020, 468A.035 & 468A.135

Other Auth.: LRAPA Title 13 General Duties & Powers of Board & Director LRAPA Title 14 Rules of Practice & Procedure

Stats. Implemented: ORS 468 & 468A

Proposed Amendments: 340-200-0040

Last Date for Comment: 1-27-14, 5 p.m.

Summary: Short summary

   DEQ proposes to incorporate Lane Regional Air Protection Agency revised regulations for permit streamlining into Oregon’s State Implementation Plan in Oregon Administrative Rule 340-200-0040. The LRAPA Board of Directors adopted permit streamlining rules revisions in an effort to maximize efficiencies in LRAPA’s permitting program while maintaining the existing level of environmental protection, bring LRAPA in line with state rules, and better coordinate with state and federal requirements.

   The LRAPA rules contain:

   • State and federal National Emission Standards for Hazardous Air Pollutants and New Source Performance Standards that were in effect at the time of LRAPA’s rule adoption.

   • Streamlined and improved permitting processes comparable to DEQ rules adopted in 2001 and 2007.

   • Narrowing of an agriculture exemption comparable to DEQ rules adopted in 2008.

   • Minor corrections and adjustments adopted by LRAPA’s Board in January 2010 to the regulations previously adopted by LRAPA’s Board in October 2008.

   Brief history

   LRAPA, in consultation with DEQ and the U.S. Environmental Protection Agency, is responsible for ensuring that Lane County communities comply with federal air quality health standards, including enacting plans to restore healthy air quality in any area violating standards. LRAPA conducts air monitoring, permitting and compliance, inspection and enforcement, and regulates open burning and asbestos abatement throughout Lane County. It also has a woodstove advisory program, an open burning advisory program and conducts special projects focused on air quality. The agency is funded by local dues from Lane County and the cities of Lane County, industrial and other permitting fees, and LRAPA coordinates with DEQ to obtain EPA funding and state general funds.

   On October 14, 2008 and January 12, 2010, the LRAPA Board of Directors adopted the permit streamlining rules, provided at the end of this document, and the rules have been in effect in Lane County since their adoption. The Environmental Quality Commission and DEQ have oversight authority to ensure LRAPA meets Clean Air Act requirements. The State Implementation Plan is the State of Oregon Clean Air Act Implementation Plan as adopted by EQC under OAR 340-200-0040 and approved by EPA. EQC’s role is to review LRAPA rules to determine if they comply with state law and the Clean Air Act, approve those rules if they comply, and direct DEQ to submit the approved rules to EPA for federal approval as State Implementation Plan amendments.

   Typically, DEQ submits LRAPA rules to EQC for incorporation into the State Implementation Plan immediately upon adoption by the LRAPA board. However, in this case, DEQ determined that the public notice process held jointly by DEQ and LRAPA several years ago did not meet requirements for State Implementation Plan rules, which are above and beyond requirements for normal rulemaking. Performing rulemaking is resource intensive and DEQ was unable to perform the additional public notice requirements until now.

   Regulated parties

   This proposal does not change the regulated parties or requirements for regulated parties from the rules that LRAPA’s board adopted in 2008 and 2010. The regulated parties include businesses in LRAPA’s jurisdiction subject to Air Contaminant Discharge Permits and Title V Operating Permits.

Rules Coordinator: Maggie Vandehey

Address: Department of Environmental Quality, 811 SW Sixth Ave., Portland, OR 97204-1390

Telephone: (503) 229-6878


Rule Caption: Incorporate Lane Regional Air Protection Agency Rules for permitting requirements into State Implementation Plan

Date:   Time:   Location:

1-22-14    5:30 p.m.   LRAPA      1010 Main St.      Springfield, OR

Hearing Officer: Merlyn Hough

Stat. Auth.: ORS 468.020, 468.065 & 468A.135

Other Auth.: LRAPA Title 13 General Duties & Powers of Board & Director LRAPA Title 14 Rules of Practice & Procedure

Stats. Implemented: ORS 468 & 468A

Proposed Amendments: 340-200-0040

Last Date for Comment: 1-27-14, 5 p.m.

Summary: Short summary

   DEQ proposes to incorporate Lane Regional Air Protection Agency revised regulations for air quality permits into Oregon’s State Implementation Plan in Oregon Administrative Rule 340-200-0040. The LRAPA Board of Directors adopted the rules revisions in an effort to bring LRAPA in line with state rules and better coordinate with state and federal requirements.

   The LRAPA rules contain:

   • U.S. Environmental Protection Agency’s thresholds for New Source Review and Prevention of Significant Deterioration for fine particulate matter (PM2.5) and greenhouse gases

   • New and amended federal New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants applicable to non-major or area sources including aluminum, copper, and other nonferrous foundries; chemical manufacturing; ferroalloy production; metal fabrication and finishing; paint stripping and miscellaneous surface coating operations; and plating and polishing operations

   • Permitting requirements necessary to implement the federal standards

   • Registration options as an alternative to permitting

   • Exemptions to permitting for emergency-use and small electrical power generating units

   • Statutory requirements for small scale local energy projects

   • Corrections to rule citations and definitions of terms

   Brief history

   LRAPA, in consultation with DEQ and the U.S. Environmental Protection Agency, is responsible for ensuring that Lane County communities comply with federal air quality health standards, including enacting plans to restore healthy air quality in any area violating standards. LRAPA conducts air monitoring, permitting and compliance, inspection and enforcement, and regulates open burning and asbestos abatement throughout Lane County. It also has a woodstove advisory program, an open burning advisory program and conducts special projects focused on air quality. The agency is funded by local dues from Lane County and the cities of Lane County, industrial and other permitting fees, and LRAPA coordinates with DEQ to obtain EPA funding and state general funds.

   On April 25, 2011, the LRAPA Board of Directors adopted the permitting rules, provided at the end of this document, and the rules have been in effect in Lane County since their adoption. The Environmental Quality Commission and DEQ have oversight authority to ensure LRAPA meets Clean Air Act requirements. The State Implementation Plan is the State of Oregon Clean Air Act Implementation Plan as adopted by EQC under OAR 340-200-0040 and approved by EPA. EQC’s role is to review LRAPA rules to determine if they comply with state law and the Clean Air Act, approve those rules if they comply, and direct DEQ to submit the approved rules to EPA for federal approval as State Implementation Plan amendments.

   Typically, DEQ submits LRAPA rules to EQC for incorporation into the State Implementation Plan immediately upon adoption by the LRAPA board. However, in this case, DEQ determined that the public notice process held jointly by DEQ and LRAPA several years ago did not meet requirements for State Implementation Plan rules, which are above and beyond requirements for normal rulemaking. Performing rulemaking is resource intensive and DEQ was unable to perform the additional public notice requirements until now.

   Regulated parties

   This proposal does not change the regulated parties or requirements for regulated parties from the rules that LRAPA’s board adopted in 2011. The regulated parties are subject to LRAPA’s Air Contaminant Discharge Permit and Title V Operating Permit requirements. The 2011 LRAPA rules:

   • Affect facilities in Lane County.

   • Regulate emissions of PM2.5 and greenhouse gases at all stationary sources emitting more than the ‘de minimis’ level of these pollutants.

   • Regulate motor vehicle and mobile equipment surface coating and metal fabrication facilities subject to new and modified National Emission Standards for Hazardous Air Pollutants.

Rules Coordinator: Maggie Vandehey

Address: Department of Environmental Quality, 811 SW Sixth Ave., Portland, OR 97204-1390

Telephone: (503) 229-6878


Department of Fish and Wildlife, Chapter 635

Rule Caption: Amend rules relating to capture of Peregrine and other species allowed for falconry

Date:   Time:   Location:

2-7-14    8 a.m.   Oregon Dept. of Fish & Wildlife      4034 Fairview Industrial Dr. SE      Salem, OR 97302

Hearing Officer: Fish & Wildlife Commission

Stat. Auth.: ORS 496.012, 496.138, 496.146 & 496.162

Stats. Implemented: ORS 496.012, 496.138, 496.146 & 496.162

Proposed Amendments: Rules in 635-055

Last Date for Comment: 2-7-14, 8 a.m.

Summary: Amend rules related to the capture of Peregrine Falcons for use in falconry and consider changes to species allowed to be taken from the wild for falconry.

Rules Coordinator: Therese Kucera

Address: Department of Fish and Wildlife, 4034 Fairview Industrial Dr. SE, Salem, OR 97302

Telephone: (503) 947-6033


Rule Caption: Regulations to Establish a Recreational Control Zone at Youngs Bay in the Lower Columbia River

Date:   Time:   Location:

2-7-14    8 a.m.   Oregon Dept. of Fish & Wildlife      4034 Fairview Industrial Dr. SE      Salem, OR 97302

Hearing Officer: Fish & Wildlife Commission

Stat. Auth.: ORS 496.138, 496.146 & 506.119

Stats. Implemented: ORS 496.162 & 506.129

Proposed Adoptions: Rules in 635-014, 635-023

Proposed Amendments: Rules in 635-014, 635-023

Proposed Repeals: Rules in 635-014, 635-023

Last Date for Comment: 2-7-14, 8 a.m.

Summary: Proposed rule amendments are related to establishing a recreational control zone prohibiting angling adjacent to the mouth of Youngs Bay in the lower Columbia River as described in Senate Bill 830 (2013).

Rules Coordinator: Therese Kucera

Address: Department of Fish and Wildlife, 4034 Fairview Industrial Dr. SE, Salem, OR 97302

Telephone: (503) 947-6033


Department of Human Services, Aging and People with Disabilities and Developmental Disabilities, Chapter 411

Rule Caption: Nursing Facility Policy for Treatment or Referral of Acute Sexual Assault Victims

Date:   Time:   Location:

1-21-14    2 p.m.   Human Services Bldg.      500 Summer St. NE, Rm. 160      Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 410.070, 441.055 & 441.615

Other Auth.: SB 557 (2011 Regular Session) & 2011 OL Ch. 511

Stats. Implemented: ORS 147.403, 441.055 & 441.615

Proposed Amendments: 411-085-0005, 411-085-0210

Last Date for Comment: 1-23-14, 5 p.m.

Summary: The Department of Human Services (Department) is proposing to amend OAR 411-085-0005 and 411-085-0210 for nursing facilities to implement Senate Bill 557 (2011 Regular Session) by requiring nursing facilities to develop and adopt a policy for the referral and treatment of residents who may be victims of acute sexual assault. Proposed rule changes also reflect current practice and Department terminology and correct formatting and punctuation.

Rules Coordinator: Christina Hartman

Address: Department of Human Services, Aging and People with Disabilities and Developmental Disabilities, 500 Summer St. NE, E-10, Salem, OR 97301-1074

Telephone: (503) 945-6398


Rule Caption: Disability Determination Services Rates of Payment — Medical

Date:   Time:   Location:

1-21-14    3 p.m.   Human Services Bldg.      500 Summer St. NE, Rm. 160      Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 344.530

Stats. Implemented: ORS 344.511–344.690

Proposed Amendments: 411-200-0010, 411-200-0020, 411-200-0030, 411-200-0035, 411-200-0040

Last Date for Comment: 1-23-14, 5 p.m.

Summary: The Department of Human Services (Department) is proposing to amend the rules for Disability Determination Services (DDS) rates of payment in OAR chapter 411, division 200 to comply with the Code of Federal Regulations.

   The proposed rules:

   - Remove DDS from the Workers’ Compensation fee schedule;

   - Link DDS to the United States Department of Health and Human Services (HHS) fee schedule for consultative examinations;

   - Remove entities that no longer fit the intent of the rule;

   - Reflect current practice and Department terminology; and

   - Correct formatting and punctuation.

Rules Coordinator: Christina Hartman

Address: Department of Human Services, Aging and People with Disabilities and Developmental Disabilities, 500 Summer St. NE, E-10, Salem, OR 97301-1074

Telephone: (503) 945-6398


Rule Caption: Nursing Facility Staffing

Date:   Time:   Location:

2-18-14    2:30 p.m.   Human Services Bldg.      500 Summer St. NE, Rm. 160      Salem, Oregon 97301

Hearing Officer: Staff

Stat. Auth.: ORS 410.070, 410.090, 441.055, 441.073 & 441.615

Stats. Implemented: ORS 410.070, 410.090, 441.055, 441.073 & 441.615

Proposed Amendments: 411-086-0100

Proposed Repeals: 411-086-0100(T)

Last Date for Comment: 2-21-14, 5 p.m.

Summary: The Department of Human Services (Department) is proposing to amend OAR 411-086-0100 to:

   - Make permanent temporary rule language that became effective on October 1, 2013 to implement the operational application of the increased nursing assistant staffing to resident ratio for nursing facilities;

   - Implement the minimum standard of the increased nursing assistant staffing to residential ratio for nursing facility evening and night shifts to become effective on March 31, 2014;

   - Ensure that appropriate forms for public information about the staffing responsibilities of the nursing facility are displayed;

   - Reflect current practice and Department terminology; and

   - Correct formatting and punctuation.

Rules Coordinator: Christina Hartman

Address: Department of Human Services, Aging and People with Disabilities and Developmental Disabilities, 500 Summer St. NE, E-10, Salem, OR 97301-1074

Telephone: (503) 945-6398


Rule Caption: Nursing Facility Capacity Reduction

Date:   Time:   Location:

2-18-14    1:30 p.m.   Human Services Bldg.       500 Summer Street NE, Rm. 160          Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 410.070 & 414.065

Other Auth.: HB 2216 (2013) & 2013 OL Ch. 608

Stats. Implemented: ORS 410.070 & 414.065

Proposed Adoptions: 411-070-0437

Proposed Amendments: 411-070-0005, 411-070-0300, 411-070-0442

Proposed Repeals: 411-070-0005(T), 411-070-0300(T), 411-070-0437(T), 411-070-0442(T)

Last Date for Comment: 2-21-14, 5 p.m.

Summary: The Department of Human Services (Department) is proposing to update the rules in OAR chapter 411, division 070 for Medicaid nursing facilities to make permanent temporary rule language that became effective on October 7, 2013 to implement HB 2216 (2013) which directs the Department to implement a nursing facility capacity reduction.

   The proposed rules:

   - Establish a statewide bed reduction target for nursing facilities to bring Oregon’s occupancy rate closer to the national level;

   - Provide an augmented rate for nursing facilities that purchase beds from nursing facilities that are no longer needed;

   - Reduce nursing facility reimbursement rates if identified reduction targets are not achieved;

   - Authorize annual rebasing of the nursing facility rate; and

   - Extend the Nursing Facility Financial Statement deadline to October 31 of each year with no extensions.

Rules Coordinator: Christina Hartman

Address: Department of Human Services, Aging and People with Disabilities and Developmental Disabilities, 500 Summer St. NE, E-10, Salem, OR 97301-1074

Telephone: (503) 945-6398


Department of Human Services, Child Welfare Programs, Chapter 413

Rule Caption: Changing OARs affecting Child Welfare programs

Date:   Time:   Location:

1-21-14    8 a.m.   500 Summer St. NE, Rm. 255      Salem, OR

Hearing Officer: Annette Tesch

Stat. Auth.: ORS 409.050 & 418.005

Other Auth.: Fostering Connections to Success & Increasing Adoptions Act of 2008 (H.R. 6893/P.L. 110-351); 42 USC 671

Stats. Implemented: ORS 409.010, 411.141 & 418.005

Proposed Amendments: 413-070-0900, 413-070-0905, 413-070-0909, 413-070-0917, 413-070-0919, 413-070-0925, 413-070-0934, 413-070-0939, 413-070-0949, 413-070-0959, 413-070-0964, 413-070-0969, 413-070-0974

Last Date for Comment: 1-22-14, 5 p.m.

Summary: These rules (OAR 413-070-0900 to 413-070-0974) about guardianship assistance are being amended to update and clarify various requirements and processes related to guardianship assistance. These rules are being amended to include cases in which the child is in the care or custody of a tribe rather than the Department, and to clarify that certain timeframes are to be counted in calendar days. OAR 413-070-0905 is also being amended to update the circumstances in which a foster parent may be considered a relative for purposes of guardianship assistance. OAR 413-070-0909 is also being amended to remove language that no longer applies regarding non-relative guardianship assistance. OAR 413-070-0917 is also being amended to clarify the documentation requirements and timeframes for requests for extensions of guardianship assistance for young adults. OAR 413-070-0934 is also being amended to add a timeframe when negotiation of the guardianship assistance agreement is delayed. OAR 413-070-0939 is also being amended to update and streamline the review process when there is disagreement about the base rate payment. OAR 413-070-0964 is also being amended to remove the requirement to submit a copy of the annual report to the Department; to add language allowing the Department to provide information to the guardian, court, or tribe; to request information from guardians, and to establish a timeframe for guardians to respond to inquiries from the Adoption Assistance and Guardianship Assistance Unit. OAR 413-070-0974 is also being amended to state that a child receiving guardianship assistance who is subsequently adopted by the guardian may be eligible for adoption assistance.

   In addition, the above rules may also be changed to reflect new Department terminology and to correct formatting and punctuation.

   Written comments may be submitted until January 22, 2014 at 5:00 p.m. Written comments may be submitted via e-mail to Annette.Tesch@state.or.us, faxed to 503-373-7032, or mailed to Annette Tesch, Rules Coordinator, DHS - Child Welfare Programs, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The Department provides the same consideration to written comment as it does to any oral or written testimony provided at the public hearing.

Rules Coordinator: Annette Tesch

Address: Department of Human Services, Child Welfare Programs, 500 Summer St. NE, E-48, Salem, OR 97301-1066

Telephone: (503) 945-6067


Rule Caption: Changing OARs affecting Child Welfare programs

Date:   Time:   Location:

1-21-14    8 a.m.   500 Summer St. NE, Rm. 255      Salem, OR

Hearing Officer: Annette Tesch

Stat. Auth.: ORS 409.050, 418.005, 418.340

Other Auth.: Adoption Assistance & Child Welfare Act of 1980 (P.L. 96-272); 42 USC 671, 673

Stats. Implemented: ORS 409.010, 418.005, 418.330, 418.335, 418.340

Proposed Amendments: 413-130-0000, 413-130-0010, 413-130-0015, 413-130-0020, 413-130-0040, 413-130-0050, 413-130-0055, 413-130-0070, 413-130-0075, 413-130-0077, 413-130-0080, 413-130-0110, 413-130-0125, 413-130-0130

Last Date for Comment: 1-22-14, 5 p.m.

Summary: These rules (OAR 413-130-0000 to 413-130-0130) about adoption assistance are being amended to update and clarify various requirements, processes, and cross-references related to adoption assistance. Several rules are being amended to clarify that certain timeframes are to be counted in calendar days. OAR 413-130-0010 and 413-130-0080 are also being amended to raise the cap on nonrecurring adoption expenses that the Department may reimburse. OAR 413-130-0050 is also being amended to add a timeframe when negotiation of the adoption assistance agreement is delayed. OAR 413-130-0055 is also being amended to clarify the documentation requirements and timeframes for requests for extensions of adoption assistance for young adults. OAR 413-130-0070 is also being amended to update and streamline the review process when there is disagreement about the base rate payment. OAR 413-130-0130 is also being amended to clarify the circumstances in which historic information about the child can be reviewed.

   In addition, the above rules may also be changed to reflect new Department terminology and to correct formatting and punctuation.

   Written comments may be submitted until January 22, 2014 at 5:00 p.m. Written comments may be submitted via e-mail to Annette.Tesch@state.or.us, faxed to 503-373-7032, or mailed to Annette Tesch, Rules Coordinator, DHS - Child Welfare Programs, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The Department provides the same consideration to written comment as it does to any oral or written testimony provided at the public hearing.

Rules Coordinator: Annette Tesch

Address: Department of Human Services, Child Welfare Programs, 500 Summer St. NE, E-48, Salem, OR 97301-1066

Telephone: (503) 945-6067


Rule Caption: Changing OARs affecting Child Welfare programs

Date:   Time:   Location:

1-21-14    8 a.m.   500 Summer St. NE, Rm. 255      Salem, OR

Hearing Officer: Annette Tesch

Stat. Auth.: ORS 409.050, 418.005 & 418.240

Stats. Implemented: ORS 409.010, 418.205–418.325 & 418.990–418.998

Proposed Amendments: 413-215-0918

Last Date for Comment: 1-22-14, 5 p.m.

Summary: OAR 413-215-0918 about consents, disclosures, and authorizations in the context of outdoor youth programs is being amended to remove references to the use of seclusion because seclusion does not occur in outdoor youth program settings

   In addition, the above rule may also be changed to reflect new Department terminology and to correct formatting and punctuation.

   Written comments may be submitted until January 22, 2014 at 5:00 p.m. Written comments may be submitted via e-mail to Annette.Tesch@state.or.us, faxed to 503-373-7032, or mailed to Annette Tesch, Rules Coordinator, DHS - Child Welfare Programs, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The Department provides the same consideration to written comment as it does to any oral or written testimony provided at the public hearing.

Rules Coordinator: Annette Tesch

Address: Department of Human Services, Child Welfare Programs, 500 Summer St. NE, E-48, Salem, OR 97301-1066

Telephone: (503) 945-6067


Department of Public Safety Standards and Training, Chapter 259

Rule Caption: Instructor Certification clarification including minimum requirements, updated definitions, expiration dates, experience, and housekeeping.

Stat. Auth.: ORS 181.640, 181.650, 181.652, 181.653, 181.661, 181.662, 181.664, 181.667 & 183.341

Stats. Implemented: ORS 181.640, 181.650, 181.652, 181.653, 181.661, 181.662, 181.664 & 181.667

Proposed Amendments: 259-008-0005, 259-008-0020, 259-008-0067, 259-008-0080, 259-008-0090

Last Date for Comment: 1-21-14, Close of Business

Summary: DPSST requires anyone instructing a mandated course be certified as an instructor. After reviewing the instructor certification process in its entirety, DPSST proposes the following changes to administrative rule:

   The DPSST Standards and Certification Section will continue to certify instructors who meet the minimum standards for certification, to include training, experience, education and criminal history. Standards and Certification will no longer certify instructors on a categorical or topical level. Once an individual meets the minimum requirements and has been certified as an instructor, agencies will be free to use them to instruct mandated courses as they see fit.

   This rule adds definitions for “Academy Training Division” and “Standards and Certification,” to differentiate the responsibilities of the Department as a certifying agency and the Department as an employer of certified personnel, as appropriate throughout the rule set.

   The F-4 Personnel Action Reporting requirement has been expanded to include agencies employing certified instructors.

   Instructor certification will no longer expire after two years. The certification will lapse after five years if the individual has not been utilized as an instructor. Recertification as an instructor will require reapplication up to and including the successful completion of an Instructor Development Course, depending on the amount of time the certification has been lapsed.

   The minimum experience requirement for instructor certification has been clarified. Instructors are required to have a minimum of three-years of certified experience as a public safety officer. The ability for Standards and Certification to waive this requirement based on other relevant professional or educational experience has also been clarified. This encompasses all individuals formerly referred to as “Applied Professions Instructors” and “Subject Matter Expert Instructors.”

   The rule governing training records has been expanded to include certified instructors.

   Finally, minor housekeeping changes are made for clarity and consistency.

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: Update and clarify the contested case process regarding default orders; housekeeping.

Stat. Auth.: ORS 181.640, 181.661, 181.662, 181.664, 181.878, 181.882, 181.885 & 183.341

Stats. Implemented: ORS 181.640, 181.661, 181.662, 181.664, 181.878 & 181.885.

Proposed Amendments: 259-008-0070, 259-009-0070, 259-060-0300

Last Date for Comment: 1-21-14, Close of Business

Summary: HB 2790 (2010) changed the timeline for serving Notices of Intent to Deny or Revoke Certification or Licensure (NOI). Currently, an NOI is served and the contested case process begins immediately following a Policy Committee’s decision to deny or revoke certification or licensure. If the officer fails to request a hearing within the allotted timeframe, the NOI becomes a final order by default denying or revoking certification or licensure.

   This proposed rule clarifies that, even if an NOI defaults to a final order due to lack of timely request for a hearing, DPSST not issue any notifications or make any notations concerning a revocation or denial until the Board has reviewed and affirmed a Policy Committee’s recommendation. This will prevent injury should the Board ultimately disagree with a Policy Committee recommendation.

   Finally, an error was discovered in OAR 259-009-0070. Unlawful Use of a Weapon is incorrectly listed as a Category I offense, rather than a Category II offense. Looking at the rule history, this appears to be in error. This proposed rule change will categorize Unlawful Use of a Weapon as a Category II offense.

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, Highway Division, Chapter 734

Rule Caption: Establishment of Speed Limits on Interstate Highways (Except Variable Speed Zones, see OAR 734-020-0018)

Stat. Auth.: ORS 184.616, 184.619, 810.010, 810.180 & 2003 OL Ch. 819

Stats. Implemented: ORS 810.180 & 2003 OL Ch. 819

Proposed Amendments: 734-020-0010

Last Date for Comment: 1-21-14, Close of Business

Summary: ORS 810.180 authorizes the Department of Transportation to conduct speed zone investigations and set speeds on most public roads, including interstate highways. As amended, 734-020-0010 will allow for making small changes to the locations of boundaries of current designated speeds (i.e. 55 mph and 60 mph sections) and to streamline the process for establishing new designations of speeds up to one mile in length to improve safety. The process for establishing speed limits on the Interstate more than one mile in length would basically remain the same, with changes allowing the Speed Zone Review Panel to determine if certain considerations are necessary.

Rules Coordinator: Lauri Kunze

Address: Department of Transportation, Highway Division, 355 Capitol St. NE, MS 51, Salem, OR 97301

Telephone: (503) 986-3171


Department of Transportation, Transportation Safety Division, Chapter 737

Rule Caption: Oregon Safe Routes to School Fund definitions

Stat. Auth.: ORS 184.616, 184.619, 184.740 & 184.741

Stats. Implemented: ORS 184.741(2)(c)

Proposed Amendments: 737-025-0010

Last Date for Comment: 1-21-14, Close of Business

Summary: ORS 184.741 states that the Department of Transportation, in consultation with the Transportation Safety Committee, shall establish a safe routes to schools program to assist communities in identifying and reducing barriers and hazards to children walking or bicycling to and from school. In early program development discussions the Oregon Transportation Safety Committee requested that there be a Safe Routes to School Advisory Committee to assist the TSD Program Manager.

   This rulemaking amends the definition of Safe Routes to School Advisory Committee to remove the reference to nine members.

Rules Coordinator: Lauri Kunze

Address: Department of Transportation, Transportation Safety Division, 355 Capitol St. NE, MS 51, Salem, OR 97301

Telephone: (503) 986-3171


Oregon Criminal Justice Commission, Chapter 213

Rule Caption: Amends Oregon Sentencing Guidelines to implement enactments of the 2013 Legislature

Stat. Auth.: ORS 137.667

Stats. Implemented: ORS 137.667; SB 6 (2013), SB 124 (2013), SB 141(2013), SB 482 (2013), SB 673 (2013), HB 2334 (2013) & HB 3194 (2013)

Proposed Adoptions: Rules in 213-018

Proposed Amendments: Rules in 213-003, 213-008, 213-017, 213-019

Proposed Repeals: Temporary rules in 213-017, 213-018, 213-019

Last Date for Comment: 1-28-14, Close of Business

Summary: These rules are needed to implement 2013 legislative enactments. Some of these changes have already been implemented as temporary rules.

   Under ORS 137.667(2), the Oregon Criminal Justice Commission (the Commission) may adopt changes to the Oregon Sentencing Guidelines. SB 124 (2013) was effective June 6, 2013. That bill states that, for sentences imposed on or after that date, the court may consider “evidence regarding the defendant’s status as a servicemember as defined in ORS 135.881” as a mitigating factor in sentencing. SB 124 (2013).

   Under ORS 137.667(1), the Commission is required to review legislation creating new crimes and modifying existing crimes, and adopt any necessary changes to the sentencing guidelines. SB 6 (2013) became effective August 1, 2013. That bill contains a directive to the Commission to classify felony Animal Abuse in the First Degree as crime category 6 of the sentencing guidelines grid. Section 2, SB 6 (2013). The bill also requires the Commission to classify Aggravated Animal Abuse in the First Degree as crime category 6 of the sentencing guidelines grid. Section 3, SB 6 (2013). Moreover, the bill requires the Commission to classify felony Animal Neglect in the Second Degree as a crime category 6 if 11 to 40 animals were the subject of the neglect, and as a crime category 7 if more than 40 animals were the subject of the neglect or if the offense is a felony because of circumstances described in ORS 167.325(3)(a) or (3)(c). Section 4, SB 6 (2013). Finally, the bill requires the Commission to classify felony Animal Neglect in the First Degree as a crime category 6 if 10 to 40 animals were the subject of the neglect, and at a crime category 7 if more than 40 animals were the subject of the neglect or if the offense is a felony because of circumstances described in ORS 167.330(3)(a) or (3)(c). Section 5, SB 6 (2013). HB 3194 became effective July 25, 2013, and applies to sentences imposed on or after August 1, 2013. That bill contains a directive to the Commission to classify a felony offense of Driving While Suspended or Revoked under ORS 811.182 as a crime category 4 of the sentencing guidelines. Section 3, HB 3194 (2013). The bill requires the Commission to maintain the classification of felony Driving While Suspended or Revoked under ORS 811.182 as a crime category 6 of the sentencing guidelines if the if the suspension or revocation resulted from either a) any degree of Murder, Manslaughter or Criminally Negligent Homicide or an Assault that causes serious physical injury, resulting from the operation of a motor vehicle, or b) Aggravated Vehicular Homicide or Aggravated Driving while Suspended or Revoked. The bill also removes certain Delivery to Minors offenses from Crime Category 8 of the sentencing guidelines and makes other changes pertaining to sentencing and supervision of offenders. With regard to these and other bills, the Commission also must decide whether to categorize new and modified crimes as person crimes, and decide crime seriousness scale categorization (if any) for new and modified crimes for which it has not received an express legislative classification.

   These rules are needed to permanently implement the legislative enactments in these bills.

Rules Coordinator: Craig Prins

Address: Oregon Criminal Justice Commission, 885 Summer St. NE, Salem, OR 97301

Telephone: (503) 378-4830


Oregon Department of Education, Chapter 581

Rule Caption: Establishes Regional STEM Hubs and STEM/CTE Program Grants

Date:   Time:   Location:

2-27-14    9 a.m.   255 Capital St. NE, Rm. 251A      Salem, OR

Hearing Officer: Emily Nazarov

Stat. Auth.: 2013 OL Ch. 661, Sec. 4 (Enrolled HB 3232)

Stats. Implemented: 2013 OL Ch. 661, Sec. 4 (Enrolled HB 3232)

Proposed Adoptions: 581-017-0300, 581-017-0305, 581-017-0308, 581-017-0311, 581-017-0314, 581-017-0317, 581-017-0320, 581-017-0323, 581-017-0326, 581-017-0329, 581-017-0332

Last Date for Comment: 2-27-14, 5 p.m.

Summary: Under the Connecting to the World of Work Program in HB 3232, funds were designated for the purpose of creating or expanding regional STEM Hubs and for providing STEAM and CTE programs and activities with grants. The rules implement the Hubs and grants.

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


Rule Caption: Oregon Minority Educators Retention Grant Program

Date:   Time:   Location:

2-27-14    9 a.m.   255 Capital St. NE, Rm. 251A      Salem, OR

Hearing Officer: Emily Nazarov

Stat. Auth.: 2013 OL Ch. 661, Sec. 1 (Enrolled HB 3233)

Stats. Implemented: 2013 OL Ch. 661, Sec. 1 (Enrolled HB 3233)

Proposed Adoptions: 581-018-0380, 581-018-0385, 581-018-0390, 581-018-0395, 581-018-0397, 581-018-0399

Last Date for Comment: 2-27-14, 5 p.m.

Summary: The rules establish the Oregon Minority Educator Retention Grant Program as one of the methods to address the specific direction of HB 3233. Grants are competitive and award based. The targeted outcome is to increase the number of education professionals who are non white, hispanic or whose native language is not English.

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


Rule Caption: Establishes Oregon Minority Educator Pipeline Model Grant Program

Date:   Time:   Location:

2-27-14    9 a.m.   255 Capital St. NE, Rm. 251A      Salem, OR

Hearing Officer: Emily Nazarov

Stat. Auth.: 2013 OL Ch. 661, Sec. 1 (Enrolled HB 3233)

Stats. Implemented: 2013 OL Ch. 661, Sec. 1 (Enrolled HB 3233)

Proposed Adoptions: 581-018-0400, 581-018-0405, 581-018-0410, 581-018-0415, 581-018-0420, 581-018-0424

Last Date for Comment: 2-27-14, 5 p.m.

Summary: The rules establish an Oregon Educator Pipeline Models Grant program, the purpose of which is to support stakeholders to collaborate to expand models for recruiting and retaining educators who are culturally or linguistically diverse. The targeted outcome is to increase the number of education professionals.

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


Rule Caption: Poverty Eligibility Determination for Purposes of State School Fund Distribution

Stat. Auth.: ORS 327.013 & 327.125

Stats. Implemented: ORS 327.013

Proposed Adoptions: 581-023-0102

Last Date for Comment: 1-23-14, 12 p.m.

Summary: The State School Funding formula allows an additional weighting factor for students in poverty. The rule addresses how to determine poverty eligibility for purposes of the State School Fund distribution.

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


Oregon Health Authority, Chapter 943

Rule Caption: Requirements for contracting Business Associates to comply with federal security and privacy statutes and rules

Date:   Time:   Location:

1-22-14    2 p.m.   500 Summer St. NE, Rm. 137 D      Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 179.505, 192.553, 192.556–192.581, 413.032, 413.042 & 414.065

Proposed Adoptions: 943-014-0400, 943-014-0410, 943-014-0415, 943-014-0420, 943-014-0430, 943-014-0435, 943-014-0440, 943-014-0445, 943-014-0450, 943-014-0455, 943-014-0460, 943-014-0465

Proposed Repeals: 943-014-0050

Last Date for Comment: 1-24-14, 5 p.m.

Summary: In January 2013, the Department of Health and Human Services issued new guidelines for the Health Insurance Portability and Accountability Act. These guidelines affect the Oregon Health Authority as the state’s Medicaid agency as well as some of the Authority’s other functions and many of the Authority’s partners and associates. The Authority needs to adopt these rules to meet compliance requirements for partners meeting the business associates definition.

   The Authority is repealing OAR 943-014-0050 because the requirements of that rule being replaced by the new rules.

Rules Coordinator: Evonne Alderete

Address: Oregon Health Authority, 500 Summer St. NE, Salem, OR 97301

Telephone: (503) 932-9663


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

Rule Caption: Permanent adoption of rules entitled Licensed Childrens’ Emergency Safety Intervention Specialist.

Date:   Time:   Location:

1-22-14    1 p.m.   500 Summer St. NE, Rm.160      Salem, OR

Hearing Officer: Nola Russell

Stat. Auth.: ORS 413.042 & 426.415

Stats. Implemented: ORS 109.675, 161.390–161.400, 179.505, 413.520–413.522, 426.380–426.395, 426.490–426.500, 430.010, 430.205–430.210, 430.240–430.640, 430.850–430.955, 443.400–443.460, 443.991 & 743A.168

Proposed Adoptions: 309-022-0100, 309-022-0105, 309-022-0110, 309-022-0115, 309-022-0120, 309-022-0125, 309-022-0130, 309-022-0135, 309-022-0140, 309-022-0145, 309-022-0150, 309-022-0155, 309-022-0160, 309-022-0165, 309-022-0170, 309-022-0175, 309-022-0180, 309-022-0185, 309-022-0190, 309-022-0192, 309-022-0195, 309-022-0200, 309-022-0205, 309-022-0210, 309-022-0215, 309-022-0220, 309-022-0225, 309-022-0230

Proposed Repeals: 309-032-1500, 309-032-1505, 309-032-1510, 309-032-1515, 309-032-1520, 309-032-1525, 309-032-1530, 309-032-1535, 309-032-1540, 309-032-1545, 309-032-1550, 309-032-1555, 309-032-1560, 309-032-1565, 309-034-0400, 309-034-0410, 309-034-0420, 309-034-0430, 309-034-0440, 309-034-0450, 309-034-0460, 309-034-0470, 309-034-0480, 309-034-0490, 309-034-0500

Last Date for Comment: 1-28-14, Close of Business

Summary: These rules address a variety of issues related to the provision of Intensive Treatment Services and the licensing of Children’s Emergency Safety Intervention Specialists. These rules detail the minimum expectations for providers licensed by the Addictions and Mental Health Division.

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: Permanent adoption of OAR 309-019-100 through 309-019-200.

Date:   Time:   Location:

1-22-14    1 p.m.   500 Summer St. NE, Rm.160      Salem, OR

Hearing Officer: Nola Russell

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 109.675, 161.390–161.400, 413.520–413.522, 430.010, 430.205–430.210, 430.240–430.640, 430.850, 430.850–430.955, 461.549, 743A.168, 813.010–813.052 & 813.200–813.270

Proposed Adoptions: 309-019-0100, 309-019-0105, 309-019-0110, 309-019-0115, 309-019-0120, 309-019-0125, 309-019-0130, 309-019-0135, 309-019-0140, 309-019-0145, 309-019-0150, 309-019-0155, 309-019-0160, 309-019-0165, 309-019-0170, 309-019-0175, 309-019-0180, 309-019-0185, 309-019-0190, 309-019-0195, 309-019-0200, 309-019-0205, 309-019-0210, 309-019-0215, 309-019-0220

Proposed Repeals: 309-019-0100(T), 309-019-0105(T), 309-019-0110(T), 309-019-0115(T), 309-019-0120(T), 309-019-0125(T), 309-019-0130(T), 309-019-0135(T), 309-019-0140(T), 309-019-0145(T), 309-019-0150(T), 309-019-0155(T), 309-019-0160(T), 309-019-0165(T), 309-019-0170(T), 309-019-0175(T), 309-019-0180(T), 309-019-0185(T), 309-019-0190(T), 309-019-0195(T), 309-019-0200(T), 309-019-0205(T), 309-019-0210(T), 309-019-0215(T), 309-019-0220(T)

Last Date for Comment: 1-28-14, Close of Business

Summary: These rules prescribe minimum standards for the services and supports provided by addictions and mental providers approved by the Addictions and Mental Health Division of the Oregon Health Authority. These rules:

   1. Promote recovery, resiliency, wellness, independence and safety for individuals receiving addictions and mental health supports;

   2. Specify standards for services and supports that are person-directed, youth guided, family-driven, culturally competent, trauma-informed and wellness-informed; and

   3. Promote functional and rehabilitative outcomes for individuals that are developmentally appropriate.

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: Proposed repeal to OAR 309-100-0000 entitled Patient and Resident Rights.

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 179.360 & 426.385

Proposed Repeals: 309-100-0000

Last Date for Comment: 1-28-14, Close of Business

Summary: This rule addresses non-discriminatory admission practices for the Oregon State Hospital system.

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: Proposed repeals to OAR 309-011-0070 through 309-011-0095 entitled Non Discrimination on Basis of Handicap.

Stat. Auth.: OAR 413.042

Stats. Implemented: ORS 659A.103 & 659A.142

Proposed Repeals: 309-011-0070 – 309-011-0095

Last Date for Comment: 1-28-14, Close of Business

Summary: These rules prescribe the procedures to be followed by the Addictions and Mental Health Division and its contractors to prevent discrimination on the basis of physical or mental handicap. These rules carry out the provisions of ORS 659.A.103 and 659A.142.

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, Division of Medical Assistance Programs, Chapter 410

Rule Caption: Amendment of HERC Prioritized List of Health Services reflecting approved modifications effective October 1, 2013

Date:   Time:   Location:

1-15-14    10:30 a.m.   500 Summer St. NE, Rm. 137C      Salem, OR 97301

Hearing Officer: Sandy Cafourek

Stat. Auth.: ORS 192.527, 192.528, 413.042 & 414.065

Other Auth.: HB 2100

Stats. Implemented: ORS 192.527, 192.528, 414.010, 414.065 & 414.727

Proposed Amendments: 410-141-0520

Last Date for Comment: 1-17-14, 5 p.m.

Summary: The OHP Program administrative rules govern the Division of Medical Assistance Programs’ payments for services provided to clients. The Division needs to permanently amend 410-141-0520 to reference the Oregon Health Services Commission’s Prioritized List of Health Services’ January 1, 2011–December 31, 2013, Prioritized List of Health Services effective October 1, 2013, including interim modifications and technical changes made for 2009 national code set.

Rules Coordinator: Sandy Cafourek

Address: Oregon Health Authority, Division of Medical Assistance Programs, 500 Summer St. NE, Salem, OR 97301

Telephone: (503) 945-6430


Rule Caption: Rules related to Substance Use Disorder Residential Treatment Managed Care Enrollment Process and Procedures

Date:   Time:   Location:

1-15-14    10:30 a.m.   500 Summer St. NE, Rm. 137C      Salem, OR 97301

Hearing Officer: Sandy Cafourek

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 414.065

Proposed Adoptions: 410-141-0065, 410-141-3065

Last Date for Comment: 1-17-14, 5 p.m.

Summary: The Division needs to amend these rules to clarify the Substance Use Disorder Residential Treatment Services managed care enrollment process and procedures. All other revisions are to clarify current policy or for housekeeping purposes.

Rules Coordinator: Sandy Cafourek

Address: Oregon Health Authority, Division of Medical Assistance Programs, 500 Summer St. NE, Salem, OR 97301

Telephone: (503) 945-6430


Rule Caption: Amend Pharmacy and Therapeutics Committee rule to remove expiration date and clarity given to safety

Date:   Time:   Location:

1-15-14    10:30 a.m.   500 Summer St. NE, Rm. 137C      Salem, OR 97301

Hearing Officer: Sandy Cafourek

Stat. Auth.: ORS 413.042, 414.065, 414.355, 414.360, 414.365, 414.370 & 414.380

Other Auth.: HB 2100 & ORS sited

Stats. Implemented: ORS 414.065 & 2011 OL

Proposed Amendments: 410-121-0111

Last Date for Comment: 1-17-14, 5 p.m.

Summary: Rule changes include the removal of expiration date and addition of clarification regarding responsibility of committee to recipient safety.

Rules Coordinator: Sandy Cafourek

Address: Oregon Health Authority, Division of Medical Assistance Programs, 500 Summer St. NE, Salem, OR 97301

Telephone: (503) 945-6430


Rule Caption: Align with Department of Human Services OAR Chapter 461, medical eligibility rules

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 413.042 & 414.065

Proposed Amendments: 410-120-0006

Last Date for Comment: 1-16-14, 5 p.m.

Summary: The General Rules Program administrative rules govern the Division’s payments for services provided to clients, and medical assistance eligibility determinations made by the Oregon Health Authority. In coordination with the Department of Human Services’ (Department) revision of medical eligibility rules in Chapter 461, the Division is amending OAR 410-120-0006 to assure that the Division’s medical eligibility rule aligns with and reflects information found in the Department’s medic al eligibility rules. In OAR 410-120-0006, the Division adopts in rule by reference Department eligibility rules and must update OAR 410-120-0006 in conjunction.

Rules Coordinator: Sandy Cafourek

Address: Oregon Health Authority, Division of Medical Assistance Programs, 500 Summer St. NE, Salem, OR 97301

Telephone: (503) 945-6430


Oregon Health Authority, Office of Private Health Partnerships, Chapter 442

Rule Caption: Family Health Insurance Assistance Program (FHIAP) abolished; Administrative Rules repealed

Stat. Auth.: ORS 414.858

Other Auth.: 2013 OL Ch. 681 (Enrolled HB 2240)

Stats. Implemented: ORS 414.841–414.864

Proposed Repeals: 442-005-0000, 442-005-0010, 442-005-0020, 442-005-0030, 442-005-0040, 442-005-0050, 442-005-0060, 442-005-0070, 442-005-0080, 442-005-0090, 442-005-0100, 442-005-0110, 442-005-0120, 442-005-0130, 442-005-0140, 442-005-0150, 442-005-0160, 442-005-0170, 442-005-0180, 442-005-0190, 442-005-0200, 442-005-0210, 442-005-0220, 442-005-0230, 442-005-0235, 442-005-0240, 442-005-0250, 442-005-0260, 442-005-0270, 442-005-0275, 442-005-0280, 442-005-0290, 442-005-0300, 442-005-0310, 442-005-0320, 442-005-0330, 442-005-0340

Last Date for Comment: 1-24-14, 5 p.m.

Summary: The Oregon Health Authority, Office of Private Health Partnerships, is proposing to permanently repeal Oregon Administrative Rules related to the Family Health Insurance Assistance Program within the Office of Private Health Partnerships.

   Due to Medicaid expansion as a result of federal legislation, this program is no longer necessary.

Rules Coordinator: Wanda Davis

Address: Oregon Health Authority, Office of Private Health Partnerships, 250 Church St. SE, Suite 200, Salem, OR 97301

Telephone: (503) 378-5901


Rule Caption: Healthy KidsConnect Private Health Option abolished, Administrative Rules repealed

Stat. Auth.: ORS 414.231, 414.826 & 735.707

Other Auth.: 2013 OL Ch. 365 ¦1 (Enrolled HB 2091)

Stats. Implemented: ORS 414.231, 414.826, 414.828 & 414.839

Proposed Repeals: 442-010-0010, 442-010-0020, 442-010-0030, 442-010-0040, 442-010-0050, 442-010-0055, 442-010-0060, 442-010-0070, 442-010-0075, 442-010-0080, 442-010-0085, 442-010-0090, 442-010-0100, 442-010-0120, 442-010-0130, 442-010-0140, 442-010-0150, 442-010-0160, 442-010-0170, 442-010-0180, 442-010-0190, 442-010-0210, 442-010-0215, 442-010-0220, 442-010-0230, 442-010-0240, 442-010-0260, 442-010-0270

Last Date for Comment: 1-24-14, 5 p.m.

Summary: The Oregon Health Authority, Office of Private Health Partnerships, is proposing to permanently repeal Oregon Administrative Rules related to the Healthy KidsConnect Private Health Option within the Office of Private Health Partnerships.

   Due to Medicaid expansion as a result of federal legislation, this program is no longer necessary.

Rules Coordinator: Wanda Davis

Address: Oregon Health Authority, Office of Private Health Partnerships, 250 Church St. SE, Suite 200, Salem, OR 97301

Telephone: (503) 378-5901


Oregon Health Authority, Oregon Educators Benefit Board, Chapter 111

Rule Caption: Amended to update and include new definitions used by OEBB

Date:   Time:   Location:

1-22-14    10:30 a.m.   1225 Ferry St. SE      OEBB Boardroom      Salem, OR 97301

Hearing Officer: OEBB Staff

Stat. Auth.: ORS 243.860 to 243.886

Stats. Implemented: ORS 243.864(1)(a)

Proposed Amendments: 111-010-0015

Last Date for Comment: 1-31-14, 5 p.m.

Summary: Amendments to 111-010-0015 include and update and new definitions used by OEBB. Due to the expanding eligibility criteria, OEBB added a definition that will encompass all of our eligible groups. Additionally, these proposed amendments updates OEBB’s definition of ‘spouse’ to be in line with state and federal regulation.

Rules Coordinator: April Kelly

Address: Oregon Health Authority, Oregon Educators Benefit Board, 1225 Ferry St. SE, Salem, OR 97301

Telephone: (503) 378-6588


Rule Caption: Amendments update language when a member returns to benefits eligible status and other housekeeping amendments

Date:   Time:   Location:

1-22-14    10:30 a.m.   1225 Ferry St. SE      OEBB Boardroom       Salem, OR 97301

Hearing Officer: OEBB Staff

Stat. Auth.: ORS 243.860–243.886

Stats. Implemented: ORS 243.864(1)(a)

Proposed Amendments: 111-040-0001, 111-040-0005, 111-040-0010, 111-040-0011, 111-040-0015, 111-040-0025, 111-040-0030, 111-040-0040, 111-040-0050

Last Date for Comment: 1-31-14, 5 p.m.

Summary: Proposed amendments update language when a member returns to a benefit eligible status. Proposed housekeeping amendments to this rule align with the new definition in Division 10, Definitions.

Rules Coordinator: April Kelly

Address: Oregon Health Authority, Oregon Educators Benefit Board, 1225 Ferry St. SE, Salem, OR 97301

Telephone: (503) 378-6588


Oregon Health Authority, Public Health Division, Chapter 333

Rule Caption: Certification of backflow assembly testers, cross connection specialists, and water system operators

Date:   Time:   Location:

1-22-14    10 a.m.   Portland State Office Bldg.      800 NE Oregon St., Rm. 1B      Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 448.131

Stats. Implemented: ORS 431.110, 431.120, 431.150, 448.131, 448.150, 448.268, 448.273, 448.278, 448.279, 448.280, 448.285, 448.290, 448.405, 448.450, 448.455, 448.460, 448.465, 448.990 & 448.994

Proposed Adoptions: 333-061-0232

Proposed Amendments: 333-061-0020, 333-061-0065, 333-061-0072, 333-061-0073, 333-061-0090, 333-061-0210, 333-061-0220, 333-061-0225, 333-061-0228, 333-061-0230, 333-061-0235, 333-061-0245, 333-061-0250, 333-061-0260, 333-061-0265, 333-061-0270, 333-061-0272

Proposed Repeals: 333-061-0205, 333-061-0290

Last Date for Comment: 1-24-14, 5 p.m.

Summary: The Oregon Health Authority (Authority), Public Health Division is proposing to permanently adopt, amend and repeal Oregon Administrative Rules in chapter 333, division 61 relating to the certification of backflow assembly testers, cross connection specialists, and water system operators.

   The proposed rule adoption and amendments have been identified as a means to improve public health protection by improving accountability amongst water system operators. Proposed rule amendments also streamline the certification process for backflow assembly testers, cross connection specialists, and water system operators. The proposed rule repeal has been identified as a means to improve rule clarity by removing redundant or unnecessary regulatory language.

   Proposed rule provisions would reduce the frequency at which water system operators must renew their certification, require individual water system operators to submit accurate documents to the Authority, and protect public health by requiring water system operators to notify the Authority when threats to the public health are observed. Proposed amendments would also generally improve rule clarity and remove redundant regulatory language.

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: Patient notification by practitioners as required by the passage of SB 683 (2013)

Date:   Time:   Location:

3-11-14    1 p.m.   Portland State Office Bldg.      800 NE Oregon St., Rm. 1E      Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 441.098

Stats. Implemented: ORS 441.098, 2013 OL Ch. 552

Proposed Adoptions: 333-072-0200, 333-072-0205, 333-072-0210, 333-072-0215, 333-072-0220, 333-072-0225

Last Date for Comment: 3-11-14, 5 p.m.

Summary: The Oregon Health Authority, Public Health Division is proposing to adopt Oregon Administrative Rules in chapter 333, division 72 relating to notice of patient choice and financial interest in response to the passage of SB 683 during the 2013 legislative session.

   The Legislature delegated to the Oregon Health Authority rulemaking authority to implement SB 683’s requirements for certain medical practitioners to provide notice of patient choice and notice of financial interest when making referrals for diagnostic tests, health care services or treatment.

   The proposed rules provide for oral and written notice of patient choice and financial choice at designated times.

   Implementation of the rules will ensure that health care consumers are aware of their rights to choose care providers and when their provider has a financial interest in a facility to which they are being referred.

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 of State Public Health Laboratory test fees

Stat. Auth.: ORS 431.310

Stats. Implemented: ORS 431.310

Proposed Amendments: 333-024-0240

Proposed Repeals: 333-024-0241

Last Date for Comment: 1-22-14, 5 p.m.

Summary: The Oregon Health Authority, Public Health Division, Oregon State Public Health Laboratory is proposing to permanently amend and repeal administrative rules in chapter 333, division 24. The proposed amendment of OAR 333-024-0240 will amend State Public Health Laboratory test fees to align them with the August 2013 Division of Medical Assistance Programs (DMAP) Fee for Service Fee Schedule, with the proposed fee changes becoming effective March 1, 2014. OAR 333-024-0241 is being repealed as it pertains to effective dates of rules and is no longer necessary since that information is provided in the history line of each rule.

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 Liquor Control Commission, Chapter 845

Rule Caption: Expands training requirement to cover all employees selling for off-premises consumption; creates new training option.

Date:   Time:   Location:

1-28-14    10 a.m.   9079 SE McLoughlin Blvd.      Portland, OR 97222

Hearing Officer: Annabelle Henry

Stat. Auth.: ORS 471, 471.030, 471.040, 471.730(1) & (5)

Stats. Implemented: ORS 471.730(1)

Proposed Amendments: 845-009-0130

Last Date for Comment: 2-11-14, 5 p.m.

Summary: This rule describes training requirements for Off-Premises Sales employees. Specifically, it requires an Off-Premises Sales licensee to ensure that each employee read, sign and date a Commission-provided training brochure, or a comparable licensee-provided training brochure, before allowing the employee to sell alcoholic beverages. The proposed amendments would allow a service permit to satisfy this training requirement, effectively creating a new training option, which would eliminate training redundancies among employees now required to hold a service permit to dispense securely covered containers provided by the consumer and employees who elect to obtain a service permit for other reasons. The proposed amendments also extend the training requirements described in this rule to all other employees who sell alcohol for off-premises consumption and restructure the rule to improve its clarity.

Rules Coordinator: Annabelle Henry

Address: Oregon Liquor Control Commission, 9079 SE McLoughlin Blvd., Portland, OR 97222

Telephone: (503) 872-5004


Rule Caption: Delegates authority to approve redemption centers to the Commission’s Executive Director (Administrator).

Date:   Time:   Location:

1-30-14    10 a.m.   9079 SE McLoughlin Blvd.       Portland, OR 97222

Hearing Officer: Annabelle Henry

Stat. Auth.: ORS 459A.735(1), (3) & (4), 459A.737(4)

Stats. Implemented: ORS 459A.735

Proposed Amendments: 845-020-0020

Last Date for Comment: 2-13-14, 5 p.m.

Summary: This rule describes the criteria for approving redemption centers for the return of empty beverage containers. The proposed amendments would delegate the authority to approve redemption centers from the Commissioners to the Commission’s Executive Director (the Administrator).

Rules Coordinator: Annabelle Henry

Address: Oregon Liquor Control Commission, 9079 SE McLoughlin Blvd., Portland, OR 97222

Telephone: (503) 872-5004


Oregon Public Employees Retirement System, Chapter 459

Rule Caption: Clarify participant eligibility and service time used in apportioning the health insurance premium.

Date:   Time:   Location:

2-25-14    2 p.m.   PERS Boardroom      11410 SW 68th Pkwy.      Tigard, OR

Hearing Officer: Daniel Rivas

Stat. Auth.: ORS 238.410, 238.650 & 238A.450

Stats. Implemented: ORS 238.410, 238.415, 238.420 & 238A.050

Proposed Amendments: 459-035-0001, 459-035-0050

Last Date for Comment: 3-4-14, 5 p.m.

Summary: ORS 238.415 established the Retiree Health Insurance Premium Account (RHIPA) that pays a monthly subsidy that is applied toward the cost of healthcare coverage for eligible retired state employees who are not Medicare eligible. This subsidy applies only to PERS retirees who retire from a state employer and who immediately apply for their pension. The State of Oregon is the sole employer participating and funding the RHIPA program for their eligible state employees.

   Participants of the RHIPA program are eligible state employees or a surviving spouse or dependent of a deceased eligible state employee who retired for service or disability and who must have 8 years or more of “qualifying service.” The monthly premium subsidy is apportioned based on a retired state employee’s “qualifying service” time, beginning with 8 years of service at 50 percent subsidy and incrementally increasing the service time to 30 years or more with the maximum subsidy paid to a career state employee.

   There is confusion regarding the appropriate “qualifying service” that is used in determining eligibility and the amount of health insurance premium subsidy for a retired state employee. The revisions of these rules will clarify that RHIPA eligibility and subsidy is based on “qualifying service” from employment with a state employer only.

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713


Rule Caption: Revise definition of “major fraction of a month” for purposes of determining retirement credit.

Date:   Time:   Location:

2-25-14    2 p.m.   PERS Boardroom      11410 SW 68th Pkwy.      Tigard, OR 97223

Hearing Officer: Daniel Rivas

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

Stats. Implemented: ORS 238.005, 238.300 & 238A.140

Proposed Amendments: 459-010-0014, 459-075-0150

Last Date for Comment: 3-4-14, 5 p.m.

Summary: The proposed modifications revise the definition of “major fraction of a month” in 459-010-0014(1)(c) and 459-075-0150(1)(b) to remove the “50 hours in any calendar month” reference for purposes of determining retirement credit.

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713


Rule Caption: Clarify the receipt stamp affixation/display requirement for received items.

Date:   Time:   Location:

2-25-14    2 p.m.   PERS Boardroom      11410 SW 68th Pkwy.      Tigard, OR 97223

Hearing Officer: Daniel Rivas

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

Stats. Implemented: ORS 238 & 238A

Proposed Amendments: 459-005-0220

Last Date for Comment: 3-4-14, 5 p.m.

Summary: Clarify the receipt stamp affixation/display requirement to include the receipt log for checks, and the presumption that if no date stamp is displayed the item will be deemed filed and received three business days before the imaged date.

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713


Rule Caption: Adopt the Attorney General’s Model Rules of Procedure.

Date:   Time:   Location:

2-25-14    2 p.m.   PERS, Boardroom      11410 SW 68th Pkwy.      Tigard, OR

Hearing Officer: Daniel Rivas

Stat. Auth.: ORS 183.341 & 238.650

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

Proposed Amendments: 459-001-0005

Last Date for Comment: 3-4-14, 5 p.m.

Summary: OAR 459-001-0005 adopted the Attorney General’s Model Rules of Procedure that became effective on January 1, 2008 as the PERS Board’s rules of procedure. The Model Rules were updated on January 31, 2012; the proposed rule modification adopts this new version as the Board’s rules of procedure.

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713


Rule Caption: Update rules to reflect 2014 Internal Revenue Code (IRC) compensation limitations.

Stat. Auth.: ORS 238.630, 238.650, 238A.370 & 238A.450

Stats. Implemented: ORS 238 & 238A

Proposed Amendments: 459-005-0525, 459-005-0545, 459-080-0500

Last Date for Comment: 1-31-14, 1:30 p.m.

Summary: Annually, the Internal Revenue Service revises various dollar limits based on cost of living adjustments. These revisions are used throughout the PERS plan’s statutes and rules, but revisions to the limits must be adopted by the legislature or PERS Board to be effective.

   The IRS’ revisions that are to be effective for calendar year 2014 have been announced. The rule modifications incorporate these adjustments and make non-substantive edits to update citations and effective dates. These updates are necessary to ensure PERS compliance with the IRC’s limits on the amount of annual compensation allowed for determining contributions and benefits, the limits on annual benefits, and the limits on annual additions to PERS.

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713


Rule Caption: Update rule to reflect the most recent Social Security annual compensation limitations.

Stat. Auth.: ORS 238.650

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

Proposed Amendments: 459-017-0060

Last Date for Comment: 1-31-14, 1:30 p.m.

Summary: Under ORS 238.082, a Tier One or Tier Two retired member who returns to PERS-covered employment may continue to receive their retirement benefits so long as they work less than 1,040 hours in a calendar year or the number of hours the member can work and not exceed the Social Security annual compensation limits.

   The Social Security Administration has announced the 2014 Social Security annual compensation limits. The new limits are $15,480 (for retired members who have not reached full retirement age under the Social Security Act), and $41,400 (for the calendar year in which the retired member reaches full retirement age under the Social Security Act and only for compensation for the months before reaching full retirement age).

   The proposed modifications to OAR 459-017-0060 reflect the 2014 Social Security earnings limitations. The new limitations are not effective for PERS purposes until adopted by the Board.

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: 1-22-14, 5 p.m.

Summary: Amendments will allow for increases, additions, and revisions of special course fees and general services fees.

Rules Coordinator: Dawn Brown

Address: Oregon University System, Western Oregon University, 345 N Monmouth Ave., Monmouth, OR 97361

Telephone: (503) 838-8472


Oregon Utility Notification Center, Chapter 952

Rule Caption: Housekeeping and Clarifying Amendments and Adoption of a Permanent Notice Rule.

Stat. Auth.: ORS Ch. 183, 757

Stats. Implemented: ORS 183.341, 757.542-757.562 & 757.993

Proposed Adoptions: 952-001-0003

Proposed Amendments: 952-001-0010, 952-001-0020, 952-001-0030, 952-001-0040, 952-001-0050, 952-001-0060, 952-001-0070, 952-001-0080, 952-001-0090, 952-001-0100

Proposed Repeals: 952-001-0003(T)

Last Date for Comment: 1-24-14, 5 p.m.

Summary: The proposed rule changes provide housekeeping amendments and clarification to the existing rules, and adopt permanently the notice rule that was adopted on a temporary basis. The Oregon Utility Notification Center (OUNC) Board of Directors felt it was necessary to update and clarify the rules after considering questions and comments from stakeholders and reviewing the Pipeline and Hazardous Material Safety Administration (PHMSA) Summary of Damage Prevention Laws commonly known as the “Damage Prevention Characterization Tool.” The tool may be found online using the link at http://primis.phmsa.dot.gov/comm/DamagePreventionSummary.htm?nocache=4786

   HOW TO COMMENT: You may comment on the proposed rules by sending written comments by January 24, 2014 to: OUNC Rules Coordinator, Filing Center, P O Box 1088, Salem, Oregon 97308-1088. Or, you can send written comments via email to: PUC.FilingCenter@state.or.us. Please reference "UNC 6" on your comments. Interested persons may review comments submitted via email online at http://apps.puc.state.or.us/edockets/docket.asp?DocketID=18664

Rules Coordinator: Diane Davis

Address: Oregon Utility Notification Center, 550 Capitol St. NE, Suite 215, Salem, OR 97301-2551

Telephone: (503) 378-4372


Secretary of State, Archives Division, Chapter 166

Rule Caption: Amends sections of the county and special district records retention schedule and adds a definition

Date:   Time:   Location:

1-28-14    1 p.m.   800 Summer St. NE.      Large Conference Rm.      Salem, OR 97310

Hearing Officer: Stephanie Evans

Stat. Auth.: ORS 192 & 357

Stats. Implemented: ORS 192.005–192.170 & 357.805–357.895

Proposed Amendments: 166-005-0010, 166-150-0005, 166-150-0035, 166-150-0040, 166-150-0095, 166-150-0135, 166-150-0210

Last Date for Comment: 1-31-14, 4 p.m.

Summary: Amends the current records retention schedule for county and special district records to account for updates in the voting process for County Clerk, Elections Records section and updates the vital records maintained by County Clerk, General Records section to account for the creation of registered domestic partnerships.

   Amends Law Enforcement section to create consistent retention periods between the animal control records owned by the cities and those owned by the counties.

   Corrects errors in the Administrative Records, District Attorney Records, and Treasurer/Controller Records sections, and adds the definition of “special district” to the definitions section.

Rules Coordinator: Julie Yamaka

Address: Secretary of State, Archives Division, 800 Summer St. NE, Salem, OR 97310

Telephone: (503) 378-5199


Secretary of State, Elections Division, Chapter 165

Rule Caption: Adopts 2014 Voters’ Pamphlet Manual Incorporating Existing Rules from Division 16 and Existing Manuals

Stat. Auth.: ORS 246.150, 251.014, 251.065, 251.075 & 251.255

Stats. Implemented: ORS 251.046, 251.049, 251.055, 251.065, 251.075, 251.085, 251.087, 251.095, 251.115, 251.255 & 251.285

Proposed Adoptions: 165-016-0000

Proposed Repeals: 165-016-0040, 165-016-0045, 165-016-0050, 165-016-0055, 165-016-0060, 165-016-0070, 165-016-0080, 165-016-0095, 165-016-0100, 165-016-0105

Last Date for Comment: 1-21-14, Close of Business

Summary: This rule adopts the 2014 Voters’ Pamphlet Manual and associated forms as the procedures and forms for submitting candidate statements, measure arguments, statements of arguments by any political party or assembly of electors, arguments in support of a legislative referral, explanatory statements, financial estimates and statements, statements prepared by the Legislative Counsel Committee under ORS 251.225 and county or metropolitan service district measures submitted under ORS 251.285. These rules set forth the process by which statements, photos, or arguments must be filed as well as the order in which they will appear in the state voters’ pamphlet, allowable formatting and provides a process for contacting statement or argument filers regarding required revisions.

Rules Coordinator: Brenda Bayes

Address: Secretary of State, Elections Division, 255 Capitol St. NE, Suite 501, Salem, OR 97310

Telephone: (503) 986-1518


Rule Caption: Clarifies Hearing Request Forms for Contested Cases

Stat. Auth.: ORS 246.150

Stats. Implemented: ORS 260.232 & 260.995

Proposed Amendments: 165-001-0016

Last Date for Comment: 1-21-14, Close of Business

Summary: This rule is proposed for amendment to clarify that form SEL 850 is the hearing request form to be used for campaign finance transaction violations, form SEL 851 is the hearing request form for other campaign finance violations, not relating to campaign finance transactions and form SEL 852 is the hearing request form for non campaign finance violations.

Rules Coordinator: Brenda Bayes

Address: Secretary of State, Elections Division, 255 Capitol St. NE, Suite 501, Salem, OR 97310

Telephone: (503) 986-1518


Teacher Standards and Practices Commission, Chapter 584

Rule Caption: Allows accredited master’s degree in lieu of an unaccredited bachelor’s degree.

Stat. Auth.: ORS 342

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

Proposed Amendments: 584-060-0013

Last Date for Comment: 3-6-14, 12 p.m.

Summary: Allows accredited master’s degree in lieu of an unaccredited bachelor’s degree.

Rules Coordinator: Victoria Chamberlain

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

Telephone: (503) 378-6813

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, 2013.

2.) Copyright 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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