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Oregon Bulletin

February 1, 2011

NOTICES OF PROPOSED RULEMAKING AND
PROPOSED RULEMAKING HEARINGS


The following agencies provide Notice of Proposed Rulemaking to offer interested parties reasonable opportunity to submit data or views on proposed rulemaking activity. To expedite the rulemaking process, many agencies have set the time and place for a hearing in the notice. Copies of rulemaking materials may be obtained from the Rules Coordinator at the address and telephone number indicated.

Public comment may be submitted in writing directly to an agency or presented orally or in writing at the rulemaking hearing. Written comment must be submitted to an agency by 5:00 p.m. on the Last Day for Comment listed, unless a different time of day is specified. Written and oral comments may be submitted at the appropriate time during a rulemaking hearing as outlined in OAR 137-001-0030.

Agencies providing notice request public comment on whether other options should be considered for achieving a proposed administrative rule's substantive goals while reducing negative economic impact of the rule on business.

In Notices of Proposed Rulemaking where no hearing has been set, a hearing may be requested by 10 or more people or by an association with 10 or more members. Agencies must receive requests for a public rulemaking hearing in writing within 21 days following notice publication in the Oregon Bulletin or 28 days from the date notice was sent to people on the agency mailing list, whichever is later. If sufficient hearing requests are received by an agency, notice of the date and time of the rulemaking hearing must be published in the Oregon Bulletin at least 14 days before the hearing.

*Auxiliary aids for persons with disabilities are available upon advance request. Contact the agency Rules Coordinator listed in the notice information.


 

 

Board of Parole and Post-Prison Supervision
Chapter 255

Rule Caption: Amends division 20 to update who can schedule business meetings.

Stat. Auth.: ORS 137.320, 137.370, 144.005, 144.025, 144.065, 144.050, 144.079, 144.120, 144.140, 144.305, 144.343 & 144.783

Stats. Implemented: ORS 137.320, 137.370, 144.005, 144.025, 144.035, 144.050, 144.079, 144.120, 144.140, 144.305, 144.343 & 144.783

Proposed Amendments: 255-020-0005, 255-020-0015

Last Date for Comment: 3-1-11

Summary: Division 20 is being updated to include authority that the vice-chairperson may schedule business meetings.

Rules Coordinator: Michelle Mooney

Address: Board of Parole and Post-Prison Supervision, 2575 Center St. NE, Salem, OR 97301

Telephone: (503) 945-0914

Board of Pharmacy
Chapter 855

Rule Caption: Adopt and amend rules regarding administration of drugs, remote dispensing, compounding, and controlled substances.

Date:                         Time:                        Location:

3-23-11                  10 a.m.                    800 NE Oregon St., Rm. 1B
                                                                           Portand, OR

Hearing Officer: Tony Burtt

Stat. Auth.: ORS 689.205

Stats. Implemented: ORS 689.155

Proposed Adoptions: 855-019-0265, 855-041-0645

Proposed Amendments: 855-045-0220, 855-045-0240, 855-041-0600, 855-080-0021

Last Date for Comment: 3-23-11, 4:30 p.m.

Summary: Division 19 establishes a new rule regarding administration of drugs by a pharmacist and implements ORS 689.655 (OL 2009 Cg. 326) and establishes the conditions under which a pharmacist may administer a drug. Division 41 replaces temporary rules adopted June 2010 regarding Remote Dispensing. Division 45 revises the Compounding rules to accommodate modern technologies where computers can record verification, and there is no need to handwritten initialing. Division 80 revises and replaces temporary rules adopted October 2010 for the Controlled Substances Schedule 1 to include certain synthetic cannabinoids and cathinone-type derivatives that are subject to abuse and have no legitimate medical purpose.

      Text of these rules is on the Board of Pharmacy website: http://www.pharmacy.state.or.us

Rules Coordinator: Karen MacLean

Address: Board of Pharmacy, 800 NE Oregon St., # 150, Portland, OR 97232

Telephone: (971) 673-0001

Construction Contractors Board
Chapter 812

Rule Caption: HPA form, clarify language licensing/renewals, home inspector continuing education, locksmith penalties, LBPR license surrender.

Date:                         Time:                        Location:

2-15-11                  11 a.m.                    West Salem Roth’s IGA
                                                                           Santiam Rm.
                                                                           1130 Wallace Rd. NW
                                                                           Salem, OR

Hearing Officer: Rob Hernandez

Stat. Auth.: ORS 87.093, 183.310 to 183.500, 670.310, 701.235, 701.325, 701.330, 701.350, 701.515, 701.530 701.992 & 701.995

Stats. Implemented: ORS 87.007, 87.093, 87.093, 279C.590, 701.005, 701.026, 701.042, 701.046, 701.063, 701.073, 701.091, 701.098, 701.106, 701.109, 701.227, 701.305, 701.315, 701.325, 701.330, 701.345, 701.350, 701.355, 701.480, 701.485, 701.510, 701.515, 701.530, 701.992, 701.995

Proposed Adoptions: 812-007-0323

Proposed Amendments: 812-001-0200, 812-003-0290, 812-005-0800, 812-006-0150, 812-006-0250, 812-008-0070, 812-008-0072, 812-008-0074

Last Date for Comment: 2-15-11, Close of Hearing

Summary: • 812-001-0200 is amended to update the form used by contractors to comply with the Homebuyers Protection Act (HPA). Consistent with the new law that takes effect January 1, 2011 (Chapter 77 OR Laws 2010 [HB 3689]); the homebuyer will no longer be able to waive the HPA’s protections. CCB adopted a new revised form dated December 1, 2010, to comply with the notice requirement of the law. This rule, as amended, will incorporate the new revised form.

      • 812-003-0290 is amended to clarify current language and address four separate situations. The four situations involve licenses that are either up for renewal or have lapsed. The intended rule amendments attempt to describe these situations and how they will be treated. The four situations are:

      - Subsection (4) – Timely license renewal, all requirements met – effective date of license is expiration date;

      - Subsection (5) — License renewal application after expiration date but within two years, continuous bond and insurance – effective date of license is expiration date – license is backdated;

      - Subsection (6) – License renewal application after expiration date but within two years, no continuous bond or insurance – effective date of license is new completion date – license is reissued;

      - Subsection (7) – License renewal application more than two years after expiration date – license cannot be renewed or reissued; new license issued.

      • 812-005-0800 is amended to set forth the sanctions for violating the locksmith statutes and rules. These rules implement the provisions of ORS 701.475-701.490 (HB 3127, Oregon Laws 2009, chapter 781), regarding certification of locksmiths, enforcement of which becomes effective July 1, 2010. CCB certifies individuals who advertise or work as a locksmith. The individual must pass a test demonstrating competency. A business that offers locksmith services must be a licensed contractor and employ certified locksmiths. The certified locksmith must comply with the standards of professional conduct (OAR 812-030-0300).

      • 812-006-0150 is amended to allow training providers to offer more than 16 hours of training.

      • 812-006-0250 is amended to expand on the criteria for training provider evaluation because the CCB manual has been expanded to: 1) expand information relating to construction contractor laws and regulations; and 2) add building exterior shell training (BEST).

      • 812-007-0323 is adopted to allow certified lead-based paint renovation (LBPR) contractors to offer to surrender their licenses.

      • 812-008-0070 is amended to recognize that some continuing education (CE) will not result in yielding a completion certificate. This will allow for the home inspector to offer other proof he or she completed the CE.

      • 812-008-0072 is amended to add providers that the agency will recognize as providing CE. Specifically, this – together with changes to OAR 812-008-0074 – will allow home inspectors to use lead-based paint renovation training and CORE classes as qualifying CE.

      • 812-008-0074 was recently amended to add “construction” and “renovation.” CORE would fall within these terms. The amendment specifically adds “lead-based paint” for clarity. The rule specifies which providers must provide completion certificates within 30 days (those approved by CCB). The rule deletes unnecessary language for retroactive credit – this was adopted as part of the original rule to implement the program initially.

Rules Coordinator: Catherine Dixon

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

Telephone: (503) 378-4621, ext. 4077

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

Rule Caption: Adopts 2011 Oregon Electrical Specialty Code and low-rise electrical provisions of 2011 Oregon Residential Specialty Code.

Date:                         Time:                        Location:

2-15-11                  9:30 a.m.                1535 Edgewater St. NW
                                                                           Salem, OR 97304

Hearing Officer: Dennis Clements

Stat. Auth.: ORS 183.335, 455.030, 45.110, 455.610 & 479.730

Stats. Implemented: ORS 183.335, 455.030, 45.110, 455.610 & 479.730

Proposed Adoptions: Rules in 918-251, 918-305, 918-480

Proposed Amendments: Rules in 918-251, 918-305, 918-480

Proposed Repeals: Rules in 918-251, 918-305, 918-480

Last Date for Comment: 2-18-11, 5 p.m.

Summary: These proposed rules adopt the 2011 Oregon Electrical Specialty Code based upon 2011 edition of the NFPA 70, National Electrical Code with specific amendments. These proposed rules also adopt the low-rise residential electrical provisions for the 2011 Oregon Residential Specialty Code. Additionally, the proposed rules include some non-substantive housekeeping changes to administrative rule that provide clarity and consistency among the division’s rules.

Rules Coordinator: Stephanie Snyder

Address: Department of Consumer and Business Services, Building Codes Division, PO Box 14470, Salem, OR 97309

Telephone: (503) 373-7438

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

Rule Caption: Set fees for credit union program and changes date payment is due.

Date:                         Time:                        Location:

2-17-11                  1:30 p.m.               Labor & Industries Bldg.
                                                                           Conference Rm. F
                                                                           350 Winter St. NE
                                                                           Salem, OR

Hearing Officer: Richard Blackwell

Stat. Auth.: ORS 723.114

Stats. Implemented: ORS 723.114

Proposed Amendments: 441-710-0500

Last Date for Comment: 2-24-11, 5 p.m.

Summary: The Department of Consumer and Business Services (DCBS) is revising its rules to make credit union fees more equitable and to ensure that Oregon credit unions pay fees that accurately reflect the costs of supervision. Proposed rule changes will include a fee increase to cover decreased revenue resulting from a recent merger of a state-chartered credit union with a federal credit union and costs associated with additional joint examinations of credit unions with asses over $250 million.

      The Department also proposes changing the date fees are due from March 1 to April 1. As noted the calculation of the assessment is calculated on the average assets of the credit unions. Since the fourth quarter call reports are not filed until the end of January, a March 1 payment deadline does not provide sufficient time to calculate the assessments and provide the credit unions with 30 days notice of the assessment amount. This proposed change will provide sufficient time to correctly calculate the appropriate assessment and provide adequate notice.

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 Environmental Quality
Chapter 340

Rule Caption: This rulemaking will adopt new rules for the permitting of graywater reuse and disposal systems.

Date:                         Time:                        Location:

2-23-11                  5 p.m.                       811 SW Sixth Ave.
                                                                           Portland, OR

2-24-11                   5 p.m.                       475 NE Bellevue, Suite 110
                                                                           Bend, OR

3-2-11                      5 p.m.                       165 East 7th Ave., Suite 100
                                                                           Eugene, OR

3-3-11                      5 p.m.                       Pioneer Hall
                                                                           73 Winburn Way
                                                                           Ashland, OR

Hearing Officer: DEQ Staff

Stat. Auth.: ORS 454.610, 454.625, 468.020 & 468B.010

Stats. Implemented: ORS 454.610, 454.615, 468B.020 & 468B.050

Proposed Adoptions: 340-053-0050, 340-053-0060, 340-053-0070, 340-053-0080, 340-053-0090, 340-053-0100, 340-053-0110

Proposed Amendments: 340-045-0070, 340-045-0075

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

Summary: The Oregon Department of Environmental Quality (DEQ) is proposing to adopt new rules for the permitting of graywater reuse and disposal systems under OAR Chapter 340, Divisions 45 and 53. The proposed rules would:

      • Establish a public policy to encourage the reuse of graywater for beneficial purposes such as irrigation.

      • Establish general requirements for all graywater reuse and disposal systems necessary to protect public health and the environment.

      • Define three types of graywater based on level of treatment and identify reuse activities, treatment and monitoring requirements, setbacks, access and exposure controls, and site management practices necessary to protect public health and the environment.

      • Establish design and construction standards for graywater reuse and disposal systems.

      • Create a three-tier permitting system that defines permitting requirements based primarily on the volume of graywater produced.

      • Establish requirements for entering into agreements with local governments to act as program agents.

Rules Coordinator: Maggie Vandehey

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

Telephone: (503) 229-6878

 

Rule Caption: Revised Water Quality Standards for Human Health Toxic Pollutants and Revised Water Quality Standards Implementation Policies.

Date:                         Time:                        Location:

2-1-11                     1 p.m.                       Oregon Dept. of Transportation
                                                                           63055 N Hwy.
97
                                                                           Bend, OR 97701

2-2-11                      9 a.m.                       DEQ Eugene Office
                                                                           165 E. 7th Ave., Suite 100
                                                                           Eugene, OR 97401

2-2-11                      6 p.m.                       DEQ Medford Office
                                                                           221 Stewart Ave., Suite 201
                                                                           Medford, OR 97501

2-3-11                      1:30 p.m.               City Hall, Council Chambers
                                                                           500 Central Ave.
                                                                           Coos Bay, OR 97420

2-7-11                      2:30 p.m.               Ontario City Hall
                                                                           444 SW 4th St.
                                                                           Ontario, OR 97914

2-8-11                      2 p.m.                       St. Anthony’s Hospital
                                                                           1601 SE Court Ave.
                                                                           Pendleton, OR 97801

2-10-11                   6 p.m.                       DEQ Headquarters, Rm. EQC A
                                                                           811 SW 6th Ave.
                                                                           Portland, OR 97204

2-16-11                   1:30 p.m.               DEQ Headquarters, Rm. EQC A
                                                                           811 SW 6th Ave.
                                                                           Portland, OR 97204

Hearing Officer: Staff

Stat. Auth.: ORS 468B.010, 468B.020, 468B.035, 468B.110 & 468.020

Stats. Implemented: ORS 468B.048

Proposed Adoptions: 340-041-0059, 340-045-0105

Proposed Amendments: 340-041-0061, 340-041-0033, 340-041-0007, 340-042-0080, 340-042-0040

Last Date for Comment: 2-23-11, 5 p.m. PST

Summary: This notice of proposed rulemaking was first published in the January 2011 Secretary of State bulletin. It is being re-
published to provide the following updates:

      (1) The public hearing in Ontario, Oregon will begin at 2:30 pm Mountain Time;

      (2) There will be a public hearing before the Environmental Quality Commission on February 16, 2011; and

      (3) The deadline for public comment has been extended to February 23, 2011.

      DEQ uses Oregon’s water quality standards to implement Clean Water Act programs, which includes assessing Oregon’s water quality and developing and enforcing wastewater discharge permits, Total Maximum Daily loads and water quality certifications. The proposed rules amend Oregon’s water quality standards for toxic pollutants and other water quality standards and policies related to the application and implementation of the water quality standards in Clean Water Act and state nonpoint source control programs.

      Proposed rule amendments:

      Human health toxics criteria (OAR 340-041-0033): Revised numeric criteria based on an increased fish consumption rate of 175 grams per day. Criteria that are not based on a fish ingestion method are not revised. Additional criteria revisions incorporate EPA’s 2002 criteria recommendations, which include added pollutants and revisions to other variables (such as toxicity factors) used to derive some criteria. The rule also specifies that the new criteria become effective upon approval by the Environmental Protection Agency.

      Variance provision (OAR 340-041-0061(2) being moved to OAR 340-041-0059): Revised rule specifies procedures and requirements, including a pollutant reduction plan, to obtain a variance from water quality standards. A variance establishes alternate requirements for a discharger when it demonstrates that permit limits based on water quality standards cannot be met based on one of six justification factors. Variances require EPA approval.

      Nonpoint source pollution (OAR 340-041-0007 and 340-041-0061): Revised water quality standards implementation rules pertaining to agriculture and forestry are proposed to make DEQ’s rules consistent with state statutes affecting nonpoint sources of pollution.

      Total maximum daily loads (TMDLs) (OAR 340-042-0040 and 340-042-0080): Makes DEQ’s rules consistent with state statutes to allocate load limits to air and land sources of pollutants in establishing TMDLs.

      Proposed new rules:

      Intake credits (OAR 340-045-0105): New permitting provision that allows DEQ to account for background pollutants that are present in a discharger’s intake water and pass through the facility as long as the discharge does not increase the mass or concentration of the pollutant.

      Background pollutant allowance (OAR 340-041- 0033): New provision in the toxic substances water quality standards that allows a limited increase in the concentration of pollutants present in a discharger’s intake water as long as the facility does not discharge added mass load of the pollutant and the ambient water body concentration does not exceed a 10-4 (1 in 10,000) risk level value.

      In October, 2008, the Environmental Quality Commission directed DEQ to pursue rulemaking to set new water quality standards for toxic pollutants in Oregon based upon on an increased fish consumption rate of 175 grams per day. The commission also directed DEQ to propose rule language or develop other implementation strategies to: 1) reduce the adverse impacts of toxic substances in Oregon’s waters that are the result of nonpoint source discharges or other sources not subject to permitting, and 2) allow DEQ to implement the standards in an environmentally meaningful and cost-effective manner. The proposed rules respond to these EQC directives. The proposed human health toxics criteria revisions correct deficiencies identified by the Environmental Protection Agency in their June 2010 disapproval of the human health criteria adopted by the EQC in June, 2004.

      For additional information regarding this rulemaking, please contact: Andrea Matzke at the Department of Environmental Quality, call toll free in Oregon 800-452-4011 or 503-229-5384, or visit DEQ’s public notices webpage http://www.deq.state.or.us/news/publicnotices/PN.asp

      To comment on this rulemaking, submit your comments to: Andrea Matzke, Oregon Department of Environmental Quality, 811 SW 6th Ave, Portland, Oregon, 97204, or by fax to 503-229-6037, or by email to ToxicsRuleMaking@deq.state.or.us (if you do not receive an auto response to your emailed comments, contact staff listed above).

Rules Coordinator: Maggie Vandehey

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

Telephone: (503) 229-6878

Department of Fish and Wildlife
Chapter 635

Rule Caption: Amend Rules for Sport and Commercial Halibut and Commercial Sardine Fisheries.

Date:                         Time:                        Location:

3-11-11                  8 a.m.                       Driftwood Shores Resort &
                                                                           Conference Center, Pacific Rm.
                                                                           88416 First Ave.
                                                                           Florence, OR 97439

Hearing Officer: Fish & Wildlife Commission

Stat. Auth.: ORS 496.138, 496.162, 506.036, 506.109, 506.119 & 506.129

Stats. Implemented: ORS 496.162, 506.109 & 506.129

Proposed Adoptions: Rules in 635-004, 635-0039

Proposed Amendments: Rules in 635-004, 635-0039

Proposed Repeals: Rules in 635-004, 635-0039

Last Date for Comment: 3-11-11

Summary: Amended rules relate to sport and commercial halibut and commercial sardine fisheries. Modifications to the regulations establish seasons and/or quotas for these fisheries in 2011 concurrent to those adopted federally. Housekeeping and technical corrections to the regulations may occur to ensure rule consistency.

Rules Coordinator: Therese Kucera

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

Telephone: (503) 947-6033

 

Rule Caption: Columbia River Sturgeon, Salmon, Smelt and Miscellaneous Fishing Regulations for 2011.

Date:                         Time:                        Location:

3-11-11                  8 a.m.                       Driftwood Shores Resort &
                                                                           Conference Center, Pacific Rm.
                                                                           88416 First Ave., Pacific Rm.
                                                                           Florence, OR 97439

Hearing Officer: Fish & Wildlife Commission

Stat. Auth.: ORS 183.325, 496.118, 496.138, 496.146, 506.109 & 506.119

Stats. Implemented: ORS 496.162, 506.109, 506.129 & 507.030

Proposed Adoptions: Rules in 635-017, 635-023, 635-041, 635-042

Proposed Amendments: Rules in 635-017, 635-023, 635-041, 635-042

Proposed Repeals: Rules in 635-017, 635-023, 635-041, 635-042

Last Date for Comment: 3-11-11

Summary: Consider amendments of rules related to: (1) Non-Treaty commercial fishing in the Columbia River and Select Areas; (2) Treaty commercial fisheries; and (3) Recreational sturgeon fishing in the Columbia and Willamette rivers.

      Housekeeping and technical corrections to the regulations may occur to ensure rule consistency.

Rules Coordinator: Therese Kucera

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

Telephone: (503) 947-6033

 

Rule Caption: Amend the rule regarding the authority to take or harass wildlife.

Date:                         Time:                        Location:

3-11-11                  8 a.m.                       Driftwood Shores
                                                                           Resort & Conference Ctr.
                                                                           88416 First Ave.
                                                                           Florence, OR 97439

Hearing Officer: Fish & Wildlife Commission

Stat. Auth.: ORS 496.012, 496.138, 496.162, 498.002, 498.006 & 498.298

Stats. Implemented: ORS 496.012, 496.138, 496.162, 498.002, 498.006 & 498.298

Proposed Amendments: Rules in 635-043

Last Date for Comment: 3-11-11

Summary: This rule clarifies sworn law enforcement officers’ authority to take or harass wildlife for law enforcement activities.

Rules Coordinator: Therese Kucera

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

Telephone: (503) 947-6033

 

Rule Caption: Repeal of Deadline Rule for Review of certain Wildlife Management Plans.

Date:                         Time:                        Location:

3-11-11                  8 a.m.                       Driftwood Shores
                                                                           Resort & Conference Center
                                                                           88416 First Ave.
                                                                           Florence, OR 97439

Hearing Officer: Fish & Wildlife Commission

Stat. Auth.: ORS 496.012, 496.138, 496.146, 496.162 & 496.164

Stats. Implemented: ORS 496.012, 496.138, 496.146, 496.162 & 496.164

Proposed Repeals: Rules in 635-120, 635-135, 635-160, 635-170, 635-180, 635-190, 635-195

Last Date for Comment: 3-11-11

Summary: Repeal the rule requiring a deadline for review of certain wildlife management plans.

Rules Coordinator: Therese Kucera

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

Telephone: (503) 947-6033

Department of Human Services,
Children, Adults and Families Division:
Self-Sufficiency Programs
Chapter 461

Rule Caption: Changing OARs affecting public assistance, medical assistance, or Supplemental Nutrition Assistance Program clients.

Date:                         Time:                        Location:

2-22-11                  10 a.m.                    500 Summer St. NE, Rm. 255
                                                                           Salem, OR

Hearing Officer: Annette Tesch

Stat. Auth.: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 411.730, 411.816, 411.825, 412.006, 412.009, 412.014, 412.049, 412.064, 412.124, 414.231 & 414.712

Other Auth.: 42 USC 1320b-7, 42 USC 1382, 42 USC 1383, 42 USC 1396a, 42 USC 1396d, 42 USC 1396r-1, 42 USC 1396r-6, 42 USC 1396r-19, American Recovery and Reinvestment Act of 2009 (ARRA) Section 5004 (Pub. Law 111-5), Social Security Act section 1905(a)(16), Medicare Improvements for Patients and Providers Act of 2008 (Pub. Law 110-275, 122 Stat. 2494), 7 CFR 273.10, 7 CFR 273.10(c)(3), 42 CFR 435.600, 42 CFR 435.902, 42 CFR 435.903, 42 CFR 435.910, 42 CFR 435.920, 42 CFR 435.1010, 42 CFR 457, 42, CFR 457.301, 42 CFR 457.305, 42 CFR 457.320, 42 CFR 457.340, 42 CFR 457.350, 45 CFR 206.10, 45 CFR Part 233, 45 CFR 260.30, 45 CFR 260.31, 45 CFR Part 400, ORS 291.261

Stats. Implemented: ORS 409.010, 409.040, 409.050, 411.060, 411.070, 411.083, 411.400, 411.404, 411.439, 411.443, 411.445, 411.704, 411.706, 411.730, 411.816, 411.825, 412.001, 412.006, 412.009, 412.014, 412.049, 412.064, 412.124, 414.025, 414.231, 414.426, 414.428, 414.712, 414.826, 414.831, 414.839 & 418.005

Proposed Amendments: 461-110-0210, 461-110-0310, 461-110-0330, 461-110-0340, 461-110-0350, 461-110-0370, 461-110-0390, 461-110-0400, 461 -110-0410, 461-110-0430, 461-110-0530, 461-110-0630, 461-110-0750, 461-115 -0705, 461-120-0210, 461-135-0095, 461-135-0950, 461-140-0110, 461-150-0055, 461-155-0030, 461-160-0015, 461-160-0400, 461-160-0430, 461-160-0700, 461-170-0010, 461-190 -0211

Proposed Repeals: 461-115-0705(T), 461-135-0095(T), 461-150-0055(T), 461-155-0030(T), 461-160-0015(T), 461-160-0400(T), 461-160-0430(T), 461-160-0700(T), 461-170-0010(T), 461-190-0211(T)

Last Date for Comment: 2-24-11, 5 p.m.

Summary: OAR 461-110-0210, 461-110-0310, 461-110-0330, 461-110-0340, 461-110-0350, 461-110-0370, 461-110-0390, 461-110-0400, 461-110-0410, 461-110-0430, 461-110-0530, 461-110-0630, and 461-110-0750 about how the Department determines the composition of the various eligibility groups (household, filing, financial, need, and benefit groups) for the Department’s programs covered by chapter 461 of the Oregon Administrative Rules are being amended to reflect current Department terminology, policy, and practices. OAR 461-110-0210 about how the Department determines the composition of a household group (the individuals who live together with or without benefit of a dwelling) also is being amended to state when the Department considers a household group that included a member required to comply with the Simplified Reporting System (SRS) under OAR 461-170-0101 as no longer living together. This rule also is being amended to restate when a caretaker relative absent from a Temporary Assistance for Needy Families (TANF) or Refugee Assistance (REF) household group for 30 days or more is considered still to be in the household group. OAR 461-110-0310 regarding the general requirements for how the Department determines the composition of a filing group (the individuals whose circumstances are considered in the eligibility determination process) also is being amended to state that the specific program requirements for determining filing group composition are found in OAR 461-110-0330 to 461-110-0430. OAR 461-110-0330 about how the Department determines the composition of a filing group in the Extended Medical Assistance (EXT), Medical Assistance Assumed (MAA), and Temporary Assistance for Needy Families (TANF) programs also is being amended to restate when a dependent child is not included in the filing group and cross-reference the applicable OAR for each of these instances. OAR 461-110-0340 about how the Department determines the composition of a filing group in the Medical Assistance to Families (MAF) and Medical Coverage for Children in Substitute or Adoptive Care (SAC) programs also is being amended to state when the sibling of a dependent child in the MAF program filing group must be included in and when a sibling may be excluded from the MAF program filing group. This rule also is being amended to restate who is included in a SAC program filing group. OAR 461-110-0350 about how the Department determines the composition of a filing group in the Employment Related Day Care (ERDC) program also is being amended to cross-reference the OAR containing the definitions of defined terms used in this rule. OAR 461-110-0370 about how the Department determines the composition of a filing group in the Supplemental Nutrition Assistance Program (SNAP) also is being amended to cross-reference the OAR containing the definition of defined terms used in this rule. This rule also is being amended to state in which benefit months an exclusion (based on the individual having received SNAP program benefits in another household) from being included in a SNAP program filing group applies. OAR 461-110-0390 about how the Department determines the composition of a filing group in the General Assistance (GA) and General Assistance Medical (GAM) programs also is being amended to cross-reference the OAR containing the definition of a defined term used in this rule. OAR 461-110-0400 about how the Department determines the composition of a filing group in the Healthy KidsConnect (HKC) and Oregon Health Plan (OHP) programs also is being amended to restate when individuals must be in the same filing group and to cross-reference the OAR containing the definitions of defined terms used in this rule. OAR 461-110-0410 about how the Department determines the composition of a filing group in the Oregon Supplemental Income Program Medical (OSIPM) and Qualified Medicare Beneficiaries (QMB) programs also is being amended to remove references to the Oregon Supplemental Income Program (OSIP) program. OAR 461-110-0430 about how the Department determines the composition of a filing group in the Refugee Assistance (REF) and Refugee Assistance Medical (REFM) programs also is being amended to restate when a separate REF or REFM program filing group may be formed within a household group. OAR 461-110-0530 about how the Department determines the composition of a financial group (the members of the filing group whose income and resources count in determining eligibility and benefits) also is being amended to remove references to the OSIP program and to cross-reference the OAR containing the definitions of defined terms used in this rule. This rule also is being amended to state that its provisions regarding the OSIPM program do not apply to the Oregon Supplemental Income Program Medical – Employed Persons with Disabilities program (OSIPM-EPD). OAR 461-110-0630 about how the Department determines the composition of a need group (the individuals whose basic and special needs are used in determining eligibility and benefit level) also is being amended to cross-reference the OAR containing the definitions of defined terms used in this rule. OAR 461-110-0750 about how the Department determines the composition of a benefit group (the individuals who receive benefits) also is being amended to restate how the Department determines the composition of the benefit group for an individual not assumed eligible in all programs except the GA and GAM programs.

      OAR 461-115-0705 about the verification requirements for the Department’s medical programs is being amended to restate the income verification requirements for clients of the Healthy KidsConnect (HKC), Medical Assistance Assumed (MAA), Medical Assistance to Families (MAF), Oregon Health Plan (OHP), and Medical Coverage for Children in Substitute or Adoptive Care (SAC) programs. This rule also is being amended to make permanent the temporary changes made November 1, 2010.

      OAR 461-120-0210 about when a client is required to provide or apply for a social security number to be eligible for Department programs is being amended to state an individual must provide a valid social security number or apply for a social security number to be included in a Breast and Cervical Cancer Medical (BCCM), Continuous Eligibility for OHP-CHP Pregnant Women (CEC), Continuous Eligibility for Medicaid (CEM), Extended Medical Assistance (EXT), Healthy KidsConnect (HKC), Medical Assistance Assumed (MAA), Medical Assistance to Families (MAF), Oregon Health Plan (OHP), or Medical Coverage for Children in Substitute or Adoptive Care (SAC) program benefit group (the individuals who receive benefits) to bring the Department into compliance with federal law.

      OAR 461-135-0095 about the specific eligibility requirements for the Extended Medical Assistance (EXT) program is being amended to comply with federal law by stating that a filing group (the individuals from the household group whose circumstances are considered in the eligibility determination process) which lost Medical Assistance Assumed (MAA) or Medical Assistance to Families (MAF) program eligibility due to an increase in child support received must have been eligible for and received MAA or MAF program benefits for at least three of the six months prior to the beginning of the EXT program benefit eligibility period. This rule is also being amended to clarify its references to defined terms. This rule also is being amended to make permanent the temporary changes made November 15, 2010.

      OAR 461-135-0950 about how the Department determines the eligibility of an inmate for programs covered by Chapter 461 of the Oregon Administrative Rules is being amended to state that an individual in a public institution pending other arrangements as defined in federal law is not considered an inmate. This rule also is being amended to restate the definition for the term “public institution”. This rule also is being amended to state how the Department treats program benefits for a pregnant woman receiving medical assistance through the Breast and Cervical Cancer Medical (BCCM), Continuous Eligibility for OHP-CHP pregnant women (CEC), or Continuous Eligibility for Medicaid (CEM) programs who becomes an inmate of a public institution.

      OAR 461-140-0110 about how the Department treats a client’s periodic income (income received on a regular basis less often than monthly) when making eligibility and benefit level decisions is being amended to restate how the Department treats periodic income for a Supplemental Nutrition Assistance Program (SNAP) or Temporary Assistance for Needy Families (TANF) program filing group (the individuals whose circumstances are considered in the eligibility determination process) that does not include at least one member who is working under a TANF Job Opportunity and Basic Skills (JOBS) Plus agreement.

      OAR 461-150-0055 about eligibility and budgeting in the Oregon Health Plan (OHP) program is being amended to state that its provisions apply to the Healthy KidsConnect (HKC) program. This rule also is being amended to state how the Department determines the budget month (the calendar month from which information is used to determine eligibility and benefit level for the payment month) when the Department initiates a redetermination of eligibility for an HKC or Oregon Health Plan (OHP) program client by sending the client a DHS 945 form about the need to renew their medical benefits. In addition, this rule is being amended to restate how the Department determines the countable income of an HKC or OHP program financial group (the individuals whose income and resources count in determining eligibility). This rule also is being amended to clarify which standard is used to determine eligibility for an HKC, Oregon Health Plan – Persons Under 19 (OHP-CHP), or Oregon Health Plan – Children (OHP-OPC) program client when the Department is using an Express Lane Eligibility (ELE) finding to determine the client’s eligibility. This rule also is being amended to make permanent the temporary changes made effective January 1, 2011.

      OAR 461-155-0030 about the income standards in the Job Opportunity and Basic Skills (JOBS), Medical Assistance Assumed (MAA), Medical Assistance to Families (MAF), Refugee Assistance (REF), Medical Coverage for Children in Substitute or Adoptive Care (SAC), and Temporary Assistance for Needy Families (TANF) programs is being amended to state the countable income limit for a filing group (the individuals from the household whose circumstances are considered in the eligibility determination process) in the JOBS program with a non-custodial parent who has a dependent child receiving TANF benefits, when both the parent and child are residents of Oregon, for the parent to be eligible to participate in JOBS program activities. This rule also is being amended to make permanent the temporary rule changes made effective January 1, 2011.

      OAR 461-160-0015 about resource limits used in eligibility determinations for the Department’s programs is being amended to restate the resource limits that were effective January 1, 2011 for clients of the Qualified Medicare Beneficiaries (QMB) program and to make permanent the temporary changes made to this rule effective January 1, 2011.

      OAR 461-160-0400 about the use of income to determine eligibility and benefits in the Supplemental Nutrition Assistance Program (SNAP) is being amended to remove language allowing a filing group (individuals from the household whose circumstances are considered in the eligibility determination process) that was categorically eligible or included an elderly individual or an individual with a disability to be eligible for SNAP benefits when the filing group’s adjusted income equals or exceeds the adjusted income limit of the need group (the individuals whose basic and special needs are used in determining eligibility and benefit level). This rule also is being amended to make permanent the temporary rule changes made effective November 1, 2010.

      OAR 461-160-0430 about deductions from countable income made to determine adjusted income for the Supplemental Nutrition Assistance Program (SNAP) is being amended to restate the deduction amounts that were effective as of October 1, 2010. This rule also is being amended to make permanent the temporary rule changes made effective January 1, 2011.

      OAR 461-160-0700 about how the Department uses income when determining eligibility for Oregon Health Plan (OHP) and Healthy KidsConnect (HKC) program benefits is being amended to restate which countable income the Department uses for a client’s budget month (the calendar month from which information is used to determine eligibility and benefit level for the payment month). This rule also is being amended to remove the provision about how the Department determines the members of a need group following an Express Lane Agency (ELA) finding of eligibility. In addition, this rule is being amended to remove provisions allowing the Department to make an eligibility determination for an Oregon Health Plan – Persons Under 19 (OHP-CHP), Oregon Health Plan – Children (OHP-OPC), Oregon Health Plan – Children Under 6 (OHP-OP6), and Oregon Health Plan – Pregnant Females and their newborn children (OHP-OPP) program need group member or a need group member who was a victim of domestic violence to be eligible for OHP program benefits when the countable income of the financial group (the individuals whose income and resources count in determining eligibility) was below the applicable OHP program income standard even when the average countable income of the financial group equaled or exceeded the applicable OHP program income standard. This rule also is being amended to make permanent the temporary changes made effective January 1, 2011.

      OAR 461-170-0010 about the requirement that a client report changes in accordance with the reporting system to which the Department assigns the client is being amended to state the Department considers a client to have reported a change to the Department when that change is reported to Office of Private Health Partnerships (OPHP). This rule also is being amended to make permanent the temporary changes made November 1, 2010.

      OAR 461-190-0211 about the payments the Department provides to clients for support services (child care, housing, transportation, and other needs) to help a client successfully comply with the activities in the client’s case plan is being amended to state that a non-custodial parent of a child receiving Temporary Assistance for Needy Families (TANF) program benefits must be in a filing group (the individuals from the household whose circumstances are considered in the eligibility determination process) with income below the countable income limit standard under OAR 461-155-0030 to be eligible to receive support service payments. This rule also is being amended to make permanent the temporary rule changes made effective January 1, 2011.

      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 February 24, 2011 at 5:00 p.m. Written comments may be e-mailed to Annette.Tesch@state.or.us, faxed to 503-373-7032, or mailed to Annette Tesch, Rules Coordinator, DHS - Children, Adults, and Families Division, 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, Children, Adults and Families Division: Self-Sufficiency Programs, 500 Summer St. NE, E-48, Salem, OR 97301

Telephone: (503) 945-6067

Department of Human Services,
Seniors and People with Disabilities Division
Chapter 411

Rule Caption: RCF/ALF Requirements for New Construction or Initial Licensure.

Date:                         Time:                        Location:

3-15-11                  2:30 p.m.               Human Services Bldg.
                                                                           500 Summer St. NE,
                                                                           Rooms 137AB
                                                                           Salem, OR  97301

Hearing Officer: Staff

Stat. Auth.: ORS 410.070 & 443.450

Other Auth.: Appellate Court Opinion A142248

Stats. Implemented: ORS 443.420

Proposed Amendments: 411-054-0005, 411-054-0012

Proposed Repeals: 411-054-0005(T), 411-054-0012(T)

Last Date for Comment: 3-21-11, 5 p.m.

Summary: The Department of Human Services (DHS), Seniors and People with Disabilities Division (SPD) is proposing to permanently amend OAR 411-054-0005 (Definitions) and OAR 411-054-0012 (Requirements for New Construction or Initial Licensure) relating to residential care (RCF) and assisted living (ALF) facilities to meet the intent of the legislature as the language in OAR 411-054-0012 was found to exceed the authority that the legislature delegated to DHS.

Rules Coordinator: Christina Hartman

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

Telephone: (503) 945-6398

Department of Oregon State Police
Chapter 257

Rule Caption: Amends OSP rules to comply with changes to ODOT rules.

Stat. Auth.: ORS 181.440

Stats. Implemented: ORS 181.440

Proposed Amendments: 257-050-0200

Last Date for Comment: 2-22-11

Summary: Pursuant to ORS 181.440, which permits the Superintendent of the Oregon State Police to make rules governing the
eligibility of tow businesses to be placed and remain on any list of qualified tow businesses used by the Department when it requests towing services on behalf of any person. All qualified tow businesses providing service to the public and the Department through calls received from the Oregon State Police shall conduct their operation in accordance with all applicable federal, state and local laws, rules or their equivalent. To maintain consistency across State Agencies, OSP is amending its rule to use language that is consistent with ODOT’s rules and policies. The chance consists of a housekeeping measure which amends OSP OAR’s to reference ODOT’s use of the Oregon Temporary traffic Control Handbook (OTTCH).

Rules Coordinator: Cort Dokken

Address: Department of Oregon State Police, 255 Capitol St. NE, 4th Floor, Salem, OR 97310

Telephone: (503) 934-0228

Department of Public Safety Standards and Training
Chapter 259

Rule Caption: Amend core value definitions.

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

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

Proposed Amendments: 259-009-0070

Last Date for Comment: 2-21-11, Close of Business

Summary: OAR 259-009-0070 deals with denial and revocation of fire certifications. It also defines core values that are integral to the fire service profession. This proposed rule amendment removes duplicate language that makes it difficult to distinguish among the core value definitions.

Rules Coordinator: Linsay Bassler

Address: 4190 Aumsville Hwy SE, Salem, OR 97317

Telephone: (503) 378-2431

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

Rule Caption: Adds definitions and clarifies requirements for the issuance trip permits.

Stat. Auth.: ORS 184.616, 184.619, 802.010 & 803.600

Stats. Implemented: ORS 801.420, 803.430, 803.600, 803.602, 803.605, 803.625, 803.635, 803.640, 803.655, 803.665, 806.080, 810.490 & 822.215

Proposed Amendments: 735-034-0000, 735-034-0005, 735-034-0010, 735-154-0005

Last Date for Comment: 2-21-11

Summary: ORS 803.600 authorizes DMV to designate qualified persons to act as agents of DMV for purposes of issuing vehicle trip permits. Persons who wish to become trip permit agents must enter into an agreement with DMV and agree to abide by DMV’s trip permit rules. DMV has completed a new trip permit agent agreement for 2011-2016. The agreement authorizes qualified persons to issue trip permits during that period.

      In drafting the agreement, DMV identified the need to update certain rules pertaining to trip permits. The proposed amendments add definitions and clarify requirements for trip permit agreements. Other, non-substantive, changes simplify rule language to improve readability.

      Text of proposed and recently adopted ODOT rules can be found at website: http://www.oregon.gov/ODOT/CS/RULES/

Rules Coordinator: Lauri Kunze

Address: Department of Transportation, Driver and Motor Vehicle Services Division, 3930 Fairview Industrial Dr. SE, Salem, OR 97302

Telephone: (503) 986-3171

 

Rule Caption: Disabled Person Parking Permits and Parking Identification Card.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 811.602, 811.603, 811.607 & 811.609

Stats. Implemented: ORS 811.602, 811.603, 811.605, 811.606, 811.607 & 811.609

Proposed Adoptions: 735-080-0046

Proposed Amendments: 735-080-0020, 735-080-0040

Last Date for Comment: 2-21-11

Summary: These administrative rules describe when DMV will issue different types of disabled person parking permits and when DMV will replace or renew a disabled person parking permit. DMV is revising the application form for an individual, wheelchair or temporary disabled person parking permit to make the process more efficient and less confusing for applicants. Consequently, some references to specific application forms must be removed from these rules. DMV also proposes to clarify the requirements for obtaining a foreign visitor permit and to format the rules in a way that an applicant can more easily find information on the type of permit for which he or she is applying. DMV also proposes to adopt OAR 735-080-0046 so that the process for renewing a disabled person parking permit is in a separate rule from the replacement information contained in OAR 735-080-0040. Again, DMV hopes that this change will benefit the users of these rules by making it easier to find the correct information.

      Text of proposed and recently adopted ODOT rules can be found at website: http://www.oregon.gov/ODOT/CS/RULES/

Rules Coordinator: Lauri Kunze

Address: Department of Transportation, Driver and Motor Vehicle Services Division, 3930 Fairview Industrial Dr. SE, Salem, OR 97302

Telephone: (503) 986-3171

Department of Transportation,
Highway Division
Chapter 734

Rule Caption: Environmental performance standards and improvements to the environmental permitting process.

Stat. Auth.: ORS 184.616, 184.619 & 2009 OL Ch. 865, Sec. 18

Stats. Implemented: 2009 OL Ch. 865, Sec. 18

Proposed Adoptions: 734-024-0005, 734-024-0015, 734-024-0020, 734-024-0030, 734-024-0040

Last Date for Comment: 2-21-11

Summary: Section 18 of the Jobs and Transportation Act (HB 2001) passed in 2009 outlined a requirement to consider environmental performance standards for all ODOT-funded projects. These performance standards will define how ODOT incorporates environmental regulations into design and construction of transportation projects. These rules outline the process for developing the environmental performance standards.

      Text of proposed and recently adopted ODOT rules can be found at website: http://www.oregon.gov/ODOT/CS/RULES/

Rules Coordinator: Lauri Kunze

Address: Department of Transportation, Highway Division, 3930 Fairview Industrial Dr. SE, Salem, OR 97302

Telephone: (503) 986-3171

Oregon Department of Education
Chapter 581

Rule Caption: Modifies rule relating to administration of state assessments by school districts.

Date:                         Time:                        Location:

2-23-11                  1 p.m.                       255 Capitol St. NE, Rm. 251A
                                                                           Salem, OR

Hearing Officer: Cindy Hunt

Stat. Auth.: ORS 326.051 & 329.075

Stats. Implemented: ORS 329.075 & 329.485

Proposed Amendments: 581-022-0610

Last Date for Comment: 2-23-11, 5 p.m.

Summary: Removes paper-based Braille as an administration option for Oregon Assessments of Knowledge and Skills (OAKS). Starting in 2011–12, ODE will provide access for OAKS for students using Braille through the OAKS Online system. ODE proposes this rule to go into effect in June 2011.

Rules Coordinator: Diane Roth

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

Telephone: (503) 947-5791

Oregon Health Authority,
Division of Medical Assistance Programs
Chapter 410

Rule Caption: Public safety and medical appropriateness for speech and augmentation systems/devices and durable medical equipment.

Date:                         Time:                        Location:

2-17-11                  2:30 p.m.               Human Services Bldg., Rm. 137D
                                                                           500 Summer St. NE
                                                                           Salem, OR 97301

Hearing Officer: Darlene Nelson

Stat. Auth.: ORS 409.010, 409.040 & 409.050

Stats. Implemented: ORS 414.025 & 414.065

Proposed Amendments: 410-122-0080, 410-122-0180, 410-129-0220

Proposed Repeals: 410-122-0080(T), 410-122-0180(T), 410-129-0220(T)

Last Date for Comment: 2-22-11

Summary: The DMEPOS and Speech-language pathology, Audiology and Hearing Aid Services Programs administrative rules govern the Division’s payments for services and supplies to certain clients.

      Having temporarily amended rules listed above, the Division will permanently amend these rules with the filing of this Notice to provide clarity of coverage, ensure client safety, and ensure medically appropriate devices are provided. These amendments are needed to assist clients, speech therapists, and other providers of equipment to have clear and precise knowledge of prescription and medical appropriateness requirements for Speech Augmentative Communication Systems and Devices acquired through the Oregon health Plan. The current Temporary rules will be repealed upon permanent adoption.

Rules Coordinator: Darlene Nelson

Address: Oregon Health Authority, Division of Medical Assistance Programs, 500 Summer St. NE, E-35, Salem, OR 97301

Telephone: (503) 945-6927

Oregon Housing and Community Services Department
Chapter 813

Rule Caption: Clarification of the civil penalty schedule for noncompliance relating to the registration and education requirements.

Date:                         Time:                        Location:

3-2-11                     9 a.m.                       725 Summer St. NE, Rm. 124b
                                                                           Salem, OR 97301

Hearing Officer: Theresa Wingard

Stat. Auth.: 2009 OL Ch. 816, Sec. 9

Stats. Implemented: 2005 OL Ch. 619, Sec. 4, as amended by 2009 OL Ch. 816, Sec. 12

Proposed Adoptions: 813-007-0057

Proposed Repeals: 813-007-0055, 813-007-0060

Last Date for Comment: 3-15-11, 5 p.m.

Summary: 813-007-0057 - Clarifies the schedule of civil penalties that may be assessed in the event of noncompliance by a landlord or owner for the registration and education requirements. Allows for a modification of a civil penalty in the event of mitigating circumstances. This rule will replace 813-007-0055 and 813-007-0060.

Rules Coordinator: Sandy McDonnell

Address: 725 Summer Street NE, Suite B, Salem Oregon 97301-1266

Telephone: (503) 986-2012

Oregon Liquor Control Commission
Chapter 845

Rule Caption: Amend two financial assistance rules updating maximum display bin/rack and exterior sign allowances.

Date:                         Time:                        Location:

2-22-11                  10 a.m.                    9079 SE McLoughlin Blvd.
                                                                           Portland, OR 97222

Hearing Officer: Jennifer Huntsman

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

Stats. Implemented: ORS 471.398(3) & (4)

Proposed Amendments: 845-013-0030, 845-013-0050

Last Date for Comment: 3-8-11

Summary: The Oregon Beer & Wine Distributors Association (OBWDA) submitted a petition requesting to amend two Financial Assistance rules in Division 13; this division of rules implements our statutes governing “Tied-House” prohibitions. The petitioner proposes to amend OAR 845-013-0030 (Fixtures, Furniture, Furnishings) which describes the very limited items (display bins or racks) that a supplier (manufacturer or wholesaler) is allowed to provide to a retailer. The proposed amendments would change the maximum value allowed for such branded bins & racks from $30 to $100, would eliminate the ability to loan bins or racks worth more than that, and would change the allowance of no more than one bin/rack per retailer at any given time from one per trade name to one per brand name family. The petitioner also proposes to amend OAR 845-013-0050 (Point of Sale Advertising Materials and Consumer Take-Aways) which describes the limited conditions under which these items may be provided to a retailer by a supplier. The one proposed amendment in subsection (3)(g) of this rule would change the maximum size of exterior point of sale allowed from 630 square inches to 1500 square inches.

Rules Coordinator: Jennifer Huntsman

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: Adopts new rule; amends rules regarding trustee to trustee transfer for eligible purchases at retirement.

Date:                         Time:                        Location:

2-22-11                  2 p.m.                       PERS Boardroom
                                                                           11410 SW 68th Pkwy.

                                                                           Tigard, OR

Hearing Officer: Daniel Rivas

Stat. Auth.: ORS 238.222, 238.650 & 243.470

Stats. Implemented: ORS 238.222, 238.320, 238.325, 238.330, 243.401–243.507 & 1999 OL Ch. 971

Proposed Adoptions: 459-005-0580

Proposed Amendments: 459-015-0055, 459-050-0075, 459-050-0090

Last Date for Comment: 3-9-11

Summary: Implementation of Senate Bill 399 requires amendments to OAR 459-050-0075 and 459-050-0090 to establish the criteria and process for a trustee-to-trustee transfer from the state deferred compensation plan.

      New OAR 459-005-0580 provides the parameters for eligibility to obtain restoration of forfeited creditable service or to make certain designated purchases of retirement credit via a trustee-to-trustee transfer. This new rule also provides guidance as to how PERS will treat any excess dollars transferred to PERS in a trustee-to-trustee transfer. Lastly, this rules clarifies that the statutory authorization to make a trustee-to-trustee transfer does not extend the applicable timeframe to obtain restoration of forfeited creditable services or to make certain designated purchases of requirement credit.

      Amendments to OAR 459-015-0055 clarify the time frame in which a trustee-to-trustee transfer must be made with respect to a disability retirement. Correct reference in section (3)(a) to ORS 238.462 for the default benefit is a married member does not complete the final selection of the benefit option within 90 days of an approved disability application Language added in section (6) clarifies when staff is required to pay a benefit to a member approved for disability but the member fails to submit the disability benefit application. Language in section (7) clarifies when a disability retirement benefit is payable.

      Copies of the proposed rules(s) are available to any person upon request The rules are also available at http://www.oregpm.gov/PERS/about_us.shtml. Public comment may be mailed to the above address or sent via email to Daniel.Rivas@state.or.us

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713

Oregon State Marine Board
Chapter 250

Rule Caption: Establish a speed restriction zone on Foster Reservoir.

Date:                         Time:                        Location:

3-10-11                  7–9 p.m.                 Sweet Home Senior Center
                                                                           (Jim Riggs Community Ctr.)
                                                                           880 18th Ave.
                                                                           Sweet Home, OR 97386

Hearing Officer: Randy Henry

Stat. Auth.: ORS 830

Stats. Implemented: ORS 830.110 & 830.175

Proposed Amendments: 250-020-0241

Last Date for Comment: 3-10-11, Close of Hearing

Summary: Notwithstanding, the state wide rule, the agency is proposing a rule action which will establish a speed restriction of 5 mph within 100 feet of the Edgewater RV Resort and Marina on Foster Lake in Linn County.

Rules Coordinator: June LeTarte

Address: Oregon State Marine Board, P.O. Box 14145, Salem, OR 97309-5065

Telephone: (503) 378-2617

 

Rule Caption: Eliminate reference to removed Gold Ray and Savage Rapids dams.

Date:                         Time:                        Location:

3-15-11                  7–9 p.m.                 Jackson County Roads Dept.
                                                                           Auditorium
                                                                           7520 Table Rock Rd.
                                                                           (Mosquito Lane)
                                                                           White City, OR 97503

Hearing Officer: Randy Henry

Stat. Auth.: ORS 830.110, 830.175 & 830.195

Stats. Implemented: ORS 830.110, 830.175 & 830.195

Proposed Amendments: 250-020-0151, 250-021-0040

Last Date for Comment: 3-15-11, Close of Hearing

Summary: This rule action will eliminate the language to reflect the removal of Gold Ray and Savage Rapid dams on the Rogue River. Staff will also gather input on river access issues now that the dams have been removed.

Rules Coordinator: June LeTarte

Address: Oregon State Marine Board, P.O. Box 14145, Salem, OR 97309-5065

Telephone: (503) 378-2617

Oregon Student Assistance Commission,
Office of Degree Authorization
Chapter 583

Rule Caption: Defines “ability-to-benefit” test and brings rules in alignment with revised statute.

Date:                         Time:                        Location:

2-25-11                  9:30 a.m.                670 Hawthorne Ave. SE
                                                                           Salem, OR 97301

Hearing Officer: Beverly Boyd

Stat. Auth.: ORS 348.594–348-606

Stats. Implemented: ORS 348.603

Proposed Amendments: 583-030-0011, 583-030-0015

Last Date for Comment: 2-25-11

Summary: Defines “ability-to-benefit” test and brings rules in alignment with revised statute.

Rules Coordinator: Beverly R. Boyd

Address: Student Assistance Commission, Office of Degree Authorization, 1500 Valley River Dr., Suite 100, Eugene, OR 97401

Telephone: (541) 687-7394

Public Utility Commission
Chapter 860

Rule Caption: In the Matter of Revising Net Metering Rules Regarding Aggregation of Meters on Different Rate Schedules.

Date:                         Time:                        Location:

3-9-11                     9:30 a.m.                PUC Main Hearing Rm.
                                                                           550 Capitol St. NE,
                                                                           Salem, OR

Hearing Officer: Patrick Power

Stat. Auth.: ORS 183, 756.040, & 757.300

Stats. Implemented: ORS 756.040 & 757.300

Proposed Amendments: 860-039-0005, 860-039-0010, 860-039-0065

Last Date for Comment: 3-9-11, Close of Business

Summary: The proposed rule changes address a prohibition in OAR 860-039-0065 against aggregating meters that are on different rate schedules. The proposed rule changes relax that prohibition and allow customer-generators participating in the net-metering program to aggregate meters as specified in the proposed rules.

      The Commission encourages participants to file written comments as early as practicable in the proceeding so that other participants have the opportunity to consider and respond to the comments before the deadline. Please reference Docket No. AR 548 on comments and file them by e-mail to the Commission’s Filing Center at PUC.FilingCenter@state.or.us and also send a signed hard copy to the Filing Center at PO Box 2148, Salem, Oregon 97308-2418. For more information about the Commission’s Filing Center, please see http://apps.puc.state.or.us/edockets/center.htm. Interested persons may review all filings online at http://apps.puc.state.or.us/edockets/docket.asp?DocketID=16594

      Participants wishing to monitor the hearing by telephone (listen only) must contact Diane Davis at diane.davis@state.or.us or (503) 378-4372 by close of business March 4, 2011, to request a dial -in number. To present oral comment at the hearing, participants must attend in person.

Rules Coordinator: Diane Davis

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

Telephone: (503) 378-4372

Secretary of State, Elections Division
Chapter 165

Rule Caption: Amends Method for Submitting Required Accounts to Elections Division.

Stat. Auth.: ORS 246.150 & 260.262

Stats. Implemented: ORS 260.262

Proposed Amendments: 165-014-0100

Last Date for Comment: 2-24-11

Summary: This rule is proposed for amendment to require chief petitioners to submit digital copies of specified accounts not later than the 10th business day of every month. Additionally, provides for a civil penalty if chief petitions fail to file specified accounts.

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: Prohibits paying or receiving money based on number of signatures or voter registration cards obtained.

Stat. Auth.: ORS 246.150

Other Auth.: Oregon Constitution Article IV, Sec. 1b

Stats. Implemented: ORS 250.045, 260.569 & 260.995

Proposed Amendments: 165-014-0260

Last Date for Comment: 2-24-11

Summary: This rule is proposed for amendment to prohibit the use of express minimum signature requirements (quotas) when paying circulators to gather signatures unless those requirements are disclosed to the Secretary of State as part of required accounts.

Rules Coordinator: Brenda Bayes

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

Telephone: (503) 986-1518

 

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.

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

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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