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Oregon Bulletin

February 1, 2012

NOTICES OF PROPOSED RULEMAKING AND
PROPOSED RULEMAKING HEARINGS


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

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

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

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

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


 

 

Board of Nursing
Chapter 851

Rule Caption: To synchronize with changes made to the related Board policy regarding medication aide curriculum.

Date:                         Time:                        Location:

2-16-12                  9 a.m.                       17938 SW Upper Boones
                                                                           Ferry Rd.
                                                                           Portland, OR 97224

Hearing Officer: Kay Carnegie, Board President

Stat. Auth.: ORS 678.440, 678.442, 678.444, & 678.445

Stats. Implemented: ORS 678.442

Proposed Amendments: 851-062-0090, 851-062-0110

Last Date for Comment: 2-14-12, 5 p.m.

Summary: The purpose of the proposed changes is to synchronize with changes to the medication aide curriculum policy that was approved by the Board in April, 2011.

Rules Coordinator: Peggy A. Lightfoot

Address: Board of Nursing, 17938 SW Upper Bones Ferry Rd., Portland, OR 97224

Telephone: (971) 673-0638

Board of Parole and Post-Prison Supervision
Chapter 255

Rule Caption: Amends rules and exhibits governing procedures for setting prison terms for qualified aggravated murderers.

Date:                         Time:                        Location:

2-17-12                  9 a.m.                       2575 Center St. NE
                                                                           Salem, OR 97301

Hearing Officer: Aaron Felton, Board Chairperson

Stat. Auth.: ORS 144.050, 144.110, 144.120, 144.140 & 144.780

Other Auth.: Janowski/Fleming v. Board of Parole, 349 Or 432 (2010); Severy/Wilson v. Board of Parole, 349 Or 461 (2010); State ex rel Engweiler v. Felton, 350 OR 592 (2011) & OAR 255-030.

Stats. Implemented: ORS 144.110, 144.120 & 163.105

Proposed Amendments: 255-032-0005, 255-032-0037

Proposed Repeals: 255-032-0011

Last Date for Comment: 3-3-12, 5:30 p.m.

Summary: Division 32 rules govern procedures related to persons convicted of aggravated murder under ORS 163.105. Division 35 rules and related exhibits govern procedures related to setting a prison term. Recent Oregon Supreme Court decisions necessitate changes in the Board’s rules:

      (1) In Janowski/Fleming v. Board of Parole, 349 Or 432 (2010), the Board was directed to apply the “matrix system” in effect at the time the crimes were committed in order to set a prison term for adults convicted of aggravated murder who had been found likely to be rehabilitated within a reasonable period of time under ORS 163.105. Exhibit A-I is amended to restore crime severity ratings to aggravated murder. Exhibit A-II is amended to restore the subcategory rationale for aggravated murder, including Category 7 and Category 8. Both of these changes are required in order to allow the Board to establish a matrix range for persons convicted of aggravated murder. OAR 255-032-0037(2) is amended to clarify the rules to be applied to aggravated murderers who have been found likely to be rehabilitated within a reasonable period of time.

      (2) In State ex rel Engweiler v. Felton, 350 Or 592 (2011), the court concluded that the Board exceeded its statutory authority when it promulgated rules requiring five juvenile aggravated murderers to undergo the intermediate review process of a murder review hearing before the Board makes parole release decisions regarding them. OAR 255-032-0005 is amended and OAR 255-032-0011 is repealed to comply with this decision.

Rules Coordinator: Shawna Harnden

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

Telephone: (503) 945-0913

Construction Contractors Board
Chapter 812

Rule Caption: Housekeeping, emergency suspension authority, petition to reduce larger bond requirement, and LBPR emergency renovation operations.

Date:                         Time:                        Location:

2-28-12                  11 a.m.                    West Salem Roth’s IGA
                                                                           Santiam Rm.
                                                                           425 Glen Creek Rd.
                                                                           Salem, OR

Hearing Officer: Rob Yorke

Stat. Auth.: ORS 183.310–183.500, 670.310, 701.068, 701.085 (2005), 701.088, 701.235, 701.515, 701.992 & 701.995

Stats. Implemented: ORS 87.093, 279C.590, 701.005, 701.021, 701.026, 701.042, 701.046, 701.068, 701.073, 701.085 (2005), 701.088, 701.091, 701.098, 701.102, 701.106, 701.109, 701.227, 701.305, 701.315, 701.330, 701.345, 701.480, 701.485, 701.505-701.520, 701.510, 701.515, 701.992 & 701.995

Proposed Amendments: 812-002-0443, 812-005-0140, 812-005-0250, 812-005-0800, 812-007-0020, 812-007-0302, 812-007-0350

Proposed Repeals: 812-005-0140(T)

Last Date for Comment: 2-28-12, Close of Hearing

Summary: • 812-002-0443 is amended to correct a cite reference.

      • 812-005-0140 is amended to make the rule consistent with ORS 701.098(4) and make the rule retroactive and effective on the date the statute was changed (1/1/08).

      • 812-005-0250 is amended to:

      - Section (1): Remove references to 2005 statutes. There should no longer be any licensees or applicants affected by those statutes. Consolidate old sections (1) and (2) into one section for simplicity and clarity. Refer to “agency” rather than “Board.” This is consistent with the remainder of the rule. Extend minimum period to operate under increased bond from two to three years.

      - Section (2): Change petition requirement from an explanation why there is no longer an “increased risk to the public” to describing the factors for consideration in Section (3).

      - Section (3): Change basis for review to clearly articulated standards for approval or denial.

      - Section (3)(a): Expand the class of agency “orders” to recognize DRS arbitration awards and (new) determinations.

      - Section (4): Explain that if petitioner fails to satisfy all of the requirements in Section (3), the agency will not allow the reduced bond for an additional three years. After that time, the applicant or licensee may again petition the agency.

      - Section (5): Clarify that agency will notify petitioner of its decision within 30 days of receiving the petition.

      - Section (6): Change procedure from contested case review (Office of Administrative Hearings) to an order in other than a contested case (Circuit Court).

      • 812-005-0800 is amended to clarify that sanction in section (16) is not subject to authorization in ORS 701.106 and to correct cross-reference in section (22).

      • 812-007-0020 is amended to provide an exemption for emergency renovation operations, as the Oregon Health Authority (OHA) rules do. Definitions are amended to make CCB’s rules consistent with the OHA rules.

      • 812-007-0302 is amended to provide an exemption for emergency renovation operations, as the Oregon Health Authority (OHA) rules do. Exemption rules are amended to make CCB’s rules consistent with OHA’s rules.

      • 812-007-0350 is amended (1)(d) adds a missing word “refer” between the words “Authority” and “to the board.”

Rules Coordinator: Catherine Dixon

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

Telephone: (503) 934-2185

 

Rule Caption: Residential Continuing Education – Housekeeping, increase work experience of providers, active/inactive status.

Date:                         Time:                        Location:

2-28-12                  11 a.m.                    West Salem Roth’s IGA
                                                                           Santiam Rm.
                                                                           425 Glen Creek Rd.
                                                                           Salem, OR

Hearing Officer: Rob Yorke

Stat. Auth.: ORS 370.310, 701.126 & 701.235

Stats. Implemented: ORS 670.310, 701.126 & 701.235

Proposed Amendments: 812-021-0015, 812-021-0019, 812-021-0025, 812-021-0040

Proposed Repeals: 812-021-0015(T)

Last Date for Comment: 2-28-12, Close of Hearing

Summary: • OAR 812-021-0015 section (4) is amended to delete the word “core” and to allow contractors that took the initiative and earned continuing education (CE) before it was required to include the CE hours for their first renewal, which satisfies the goals of the CE program. CCB wants to reward, not punish, contractors that took the initiative to earn CE before it was required. The rule is retroactive to October 1, 2011. The rule is also being amended to correct cite reference in 812-0021-0015(2)(b)(A).

      • OAR 812-021-0019 is amended to change the word “attending” to “completing” because contractors earn continuing education credits by completing courses. Some courses are taken online and are completed, they are not attended

      • OAR 812-021-0025 is amended increase work experience or education requirements for education providers. The current amount of required work experience and education is two years; it increases to four years.

      • OAR 812-021-0040 is amended to incorporate a policy governing active contractors renewing as inactive. The rule also applies where the inactive contractor (recently renewed) seeks to return to active status.

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: Changes standards for examination of somatic cells in milk.

Date:                         Time:                        Location:

3-2-12                     10 a.m.                    Dept. of Agriculture,
                                                                           Basement Hearings Rm.
                                                                           635 Capitol St. NE
                                                                           Salem, OR 97301

Hearing Officer: Eric Edmunds

Stat. Auth.: ORS 561 & 621

Stats. Implemented: ORS 621.060 & 621.261

Proposed Amendments: 603-024-0592

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

Summary: The amendment reduces the somatic cell count standard for milk from 750,000 parts per mL to 500,000 parts per mL while simultaneously raising the somatic cell count for goat’s milk from one million parts per mL to 1,500,000 parts per mL.

Rules Coordinator: Sue Gooch

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

Telephone: (503) 986-4583

Department of Consumer and Business Services,
Insurance Division
Chapter 836

Rule Caption: Repeal of rule for physician credentialing and recredentialing in connection with health care service contractors.

Stat. Auth.: ORS 731.244 & 442.807

Other Auth.: 2009 OL Ch. 595 (Enrolled HB 2009)

Stats. Implemented: ORS 742.800–442.807

Proposed Repeals: 836-052-0900

Last Date for Comment: 3-15-12, Close of Business

Summary: This rulemaking repeals a rule adopted by the Department of Consumer and Business Services (DCBS) related to physician credentialing and recredentialing by health care service contractors. During the 2009 Legislative Session, the statutory authority for adopting this rule was transferred from DCBS to the Oregon Health Authority. Because the Oregon Health Authority has adopted temporary rules to replace this rule and is now proposing to adopt permanent rules to replace this rule, it is necessary for DCBS to repeal the obsolete DCBS rule.

Rules Coordinator: Sue Munson

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

Telephone: (503) 947-7272

Department of Consumer and Business Services,
Oregon Occupational Safety and Health Division
Chapter 437

Rule Caption: Propose to adopt federal corrections and technical amendments to general industry, construction, and shipyard employment.

Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001–654.295

Proposed Amendments: 437-002-0080, 437-002-0100, 437-002-0120, 437-002-0140, 437-002-0161, 437-002-0180, 437-002-0182, 437-002-0220, 437-002-0240, 437-002-0280, 437-002-0300, 437-002-0312, 437-002-0340, 437-002-0360, 437-002-0373, 437-003-0001, 437-003-0875, 437-005-0001

Last Date for Comment: 2-24-12

Summary: This rulemaking is to keep Oregon OSHA in harmony with recent changes to Federal OSHA’s standards.

      Federal OSHA published in the December 27, 2011 Federal Register corrections of typographical errors and non-substantive technical amendments to a number of standards in general industry, construction, and shipyard employment. The technical amendments include updating or revising cross-references. These revisions do not affect the substantive requirements or coverage of those standards, do not modify or revoke existing rights or obligations, and do not establish new rights or obligations.

      Oregon OSHA proposes to make these corrections and amendments to the standards Oregon has adopted previously to reflect federal OSHA’s changes. We are also making rule reference changes in a number of standards to reflect the newly adopted OAR 437-002-0134 Personal Protective Equipment.

      Please visit our web site www.orosha.org

      Click ‘Rules/Compliance’ in the left vertical column and view our proposed, adopted, and final rules.

Rules Coordinator: Sue C. Joye

Address: Department of Consumer and Business Services, Oregon Occupational Safety and Health Division, 350 Winter St. NE , Salem, OR 97301-3882

Telephone: (503) 947-7449

Department of Corrections
Chapter 291

Rule Caption: Interstate Compact – Retaken Offenders.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Proposed Amendments: 291-180-0275

Last Date for Comment: 3-22-12, Close of Business

Summary: This rulemaking is necessary in order for the Department of Corrections to require that an offender who was previously retaken and returned to this state from another state at cost to the State of Oregon, whether by formal or informal means, repay those costs to the State of Oregon before the offender may be approved by the Department for an interstate compact supervision transfer. Limited exceptions may be granted by the Compact Administrator or designee based on individual circumstances.

Rules Coordinator: Janet R. Worley

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

Telephone: (503) 945-0933

Department of Fish and Wildlife
Chapter 635

Rule Caption: Corrections to 2012 Oregon Sport Fishing Regulations.

Date:                         Time:                        Location:

3-9-12                     8 a.m.                       Comfort Suites
                                                                           1730 NW 9th St.
                                                                           Corvallis, OR 97330

Hearing Officer: Fish & Wildlife Commission

Stat. Auth.: ORS 496.138, 496.146, 496.162, 497.121 & 506.119

Stats. Implemented: ORS 496.004, 496.009, 496.138, 496.146, 496.162 & 506.129

Proposed Adoptions: Rules in 635-017, 635-018

Proposed Amendments: Rules in 635-017, 635-018

Proposed Repeals: Rules in 635-017, 635-018

Last Date for Comment: 3-9-12, Close of Hearing

Summary: Amended rules correct unintended errors in the 2012 Oregon Sport Fishing Regulations booklet. 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 Wildlife Control Operator Rules.

Date:                         Time:                        Location:

3-9-12                     8 a.m.                       Comfort Suites
                                                                           1730 NW 9th St.
                                                                           Corvallis, OR 97330

Hearing Officer: Fish & Wildlife Commission

Stat. Auth.: ORS 496.012, 496.138, 496.146, 496.162 & 498.012

Stats. Implemented: ORS 496.012, 496.138, 496.146, 496.162 & 498.012

Proposed Amendments: Rules in 635-435

Last Date for Comment: 3-9-12

Summary: Review, update and amend rules relating to wildlife control operators. Specific rule changes include but are not limited to: definitions, criteria for reinstatement after revocation and amendment that will make the rules consistent with the Wildlife Rehabilitation Rules which were adopted by the Commission on June 2, 2011.

Rules Coordinator: Therese Kucera

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

Telephone: (503) 947-6033

 

Rule Caption: Amend rules to delist the Bald Eagle from State List of Threatened and Endangered Species.

Date:                         Time:                        Location:

3-9-12                     8 a.m.                       Comfort Suites
                                                                           1730 NW 9th St.
                                                                           Corvallis, OR 97330

Hearing Officer: Fish & Wildlife Commission

Stat. Auth.: ORS 496.004, 496.171, 496.172, 496.176, 496.182, 496.192 & 498.026

Stats. Implemented: ORS 496.004, 496.171, 496.172, 496.176, 496.182, 496.192 & 498.026

Proposed Amendments: 635-100-0125

Last Date for Comment: 3-9-12

Summary: This rule amendment would remove the Bald eagle (Haliaaeetus leucocephalus) from the State List of Threatened and Endangered Species.

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:
Child Welfare Programs
Chapter 413

Rule Caption: Changing OARs affecting Child Welfare programs.

Date:                         Time:                        Location:

2-28-12                  8:30 a.m.                500 Summer St. NE, Rm. 254
                                                                           Salem, OR

Hearing Officer: Annette Tesch

Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 418.005

Proposed Amendments: 413-010-0700, 413-010-0705, 413-010-0710, 41-010-0714, 413-010-0715, 413-010-0716, 413-010-0717, 413-010-0718, 413-010-0720, 413-010-0721, 413-010-0722, 413-010-0723, 413-010-0732, 413-010-0735, 413-010-0738, 413-010-0740, 413-010-0743, 413-010-0745, 413-010-0746, 413-010-0748, 413-010-0750

Proposed Repeals: 413-010-0712

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

Summary: The Department is amending these rules about notice and review of founded dispositions in child protective services to make permanent changes adopted as temporary rules on October 6, 2011, and change the founded disposition review process which currently exists at the local office level and central office level. These amendments do not change the rights of an individual to have a founded disposition reviewed nor do they change the process by which the individual requests the review. Under these amendments, the Local Office and Central Office CPS Founded Disposition Review Committees make a recommendation (no longer a decision); and the decision making authority that used to be with the committees is now with the Child Welfare program manager or designee at the local office level and the Child Protective Services Program Manager or designee at the central office level. These rules are also being amended to assure their accuracy, integrity, internal consistency, remove outdated language, and identify defined terms.

      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 March 1, 2012 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 - 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: Child Welfare Programs, 500 Summer St. NE, E-48, Salem, OR 97301-1066

Telephone: (503) 945-6067

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:

2-28-12                  10 a.m.                    500 Summer St. NE, Rm. 254
                                                                           Salem, OR

Hearing Officer: Annette Tesch

Stat. Auth.: ORS 181.537, 409.050, 409.610, 411.060, 411.070, 411.087, 411.122, 411.404, 411.704, 411.706, 411.707, 411.816, 412.006, 412.009, 412.014, 412.024, 412.049, 412.079, 412.124, 414.025, 414.115, 414.231, 414.826, 414.831, 657A.340, 657A.450, HB 2049 (2011)

Other Auth.: 42 U.S.C. 602(a); 42 U.S.C. 1396d(p) (Section 1905(p) of the Social Security Act); 42 U.S.C. 1396e; 7 CFR 273.2(b)(1)(iii); 42 CFR 435.403; 42 CFR 435.407; 45 CFR 98.1(a)(1); 45 CFR 98.45; 45 CFR 233.39; 45 CFR 260; 45 CFR 260.52; 45 CFR 260.54; 45 CFR 263.2; 45 CFR 273.3; 45 CFR 400; U.S. Department of Health & Human Services, Centers for Medicare & Medicaid Services, State Medicaid Manual section 3230.2; Social Security Administration Program Operations Manual System section SI 00820.010

Stats. Implemented: ORS 181.537, 409.010, 409.050, 409.610, 411.060, 411.070, 411.087, 411.117, 411.122, 411.400, 411.404, 411.704, 411.706, 411.707, 411.816, 412.006, 412.009, 412.014, 412.024, 412.049, 412.079, 412.124, 414.025, 414.042, 414.115, 414.231, 414.428, 414.826, 414.831, 414.839, 657A.340, 657A.450, HB 2049 (2011)

Proposed Adoptions: 461-135-1260

Proposed Amendments: 461-101-0010, 461-115-0705, 461-120-0010, 461-120-0030, 461-120-0050, 461-120-0110, 461-120-0125, 461-120-0130, 461-120-0210, 461-120-0315, 461-120-0330, 461-120-0340, 461-120-0350, 461-120-0510, 461-120-0630, 461-135-0075, 461-135-1100, 461-145-0080, 461-145-0410, 461-155-0030, 461-155-0290, 461-155-0291, 461-155-0295, 461-155-0500, 461-165-0180, 461-170-0011, 461-180-0130, 461-190-0211

Proposed Repeals: 461-115-0705(T), 461-120-0120, 461-120-0340(T), 461-120-0530, 461-135-0075(T), 461-135-1100(T), 461-135-1110, 461-135-1210, 461-145-0080(T), 461-145-0410(T), 461-180 -0130(T), 461-190-0211(T)

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

Summary: OAR 461-101-0010 about program acronyms and overview is being amended to add JPI as the acronym for the Job Participation Incentive program, an additional $10 food benefit to help increase the ability of single parents with small children – who meet federal TANF participation requirements – to provide for the nutritional needs of their families.

      OAR 461-115-0705 is being amended to make permanent a temporary rule change effective January 1, 2012 and reflect the elimination of OHP-OPU Student Status eligibility criteria. The rule as amended no longer refers to the higher education student requirements provided in OAR 461-135-1110, which is being repealed.

      OAR 461-120-0010 about residency requirements is being amended to include exceptions that have been set out in other rules.

      OAR 461-120-0030 about the state of residence for an individual in a medical facility is being amended to indicate that the rule only applies to medical programs and to follow federal regulations that apply individuals placed in a medical facility in Oregon by a state agency in another state to indicate that they are still considered residents of the placing state.

      OAR 461-120-0050 setting out which individuals are considered incapable for forming an intent to reside is being amended to indicate that the rule applies to the Healthy Kids Connect (HKC) program and state in the rule how the Department interprets some of its policies.

      OAR 461-120-0110 about residency requirements is being amended to clarify the rule by citing exceptions to its policies that are set out in other rules and by using standard terminology.

      OAR 461-120-0120 about the alien status requirements for the Refugee Assistance (REF) and Refugee Assistance Medical (REFM) programs is being repealed and its policy will be set out in OAR 461-120-0125.

      OAR 461-120-0125 about the alien status requirements for programs other than the Refugee Assistance (REF) and Refugee Assistance Medical (REFM) programs is being amended to include REF and REFM. This rule is also being amended to clarify how it applies to the Temporary Assistance for Domestic Violence Survivors (TA-DVS) program and to update its terminology.

      OAR 461-120-0130 about declaring citizenship or alien status is being amended to align policy for all programs. The rule change will allow one adult member of the filing group or an authorized representative to sign the statement attesting to citizenship for everyone in the filing group.

      OAR 461-120-0210 about the requirement to provide Social Security Numbers (SSN) is being amended to clarify the programs covered some of the requirements of the rule. No changes in policy are being made.

      OAR 461-120-0315 about medical assignment is being amended to clarify in various medical programs to whom the requirement applies to turn over to the Department reimbursements for medical costs.

      OAR 461-120-0330 about the requirement to pursue assets is being amended to clarity the rule by updating terminology, adding cross-references, and specifying programs more precisely.

      OAR 461-120-0340 about the requirement to obtain child support from a non- custodial parent is being amended to state that a caretaker relative is excused from the requirement to pursue support if the filing group is a two-parent family for whom deprivation is based on the unemployment or underemployment of the primary wage earner. This rule is also being amended to make permanent the temporary rule changes adopted October 5, 2011.

      OAR 461-120-0350 about clients excused for good cause from compliance with the requirements to pursue child support, medical support, and health care coverage is being amended to clarify the rule by making its title more descriptive, adding cross-references, and removing inapplicable cross-references.

      OAR 461-120-0510 about age requirements for clients to receive benefits is being amended and OAR 461-120-0530 about regular school attendance is being repealed to include the policy about regular school attendance (for 18-year olds to be eligible for certain programs) within OAR 461-120-0510.

      OAR 461-120-0630 about the requirement to live with a caretaker or a caretaker relative is being amended to clarify how it applies to the Temporary Assistance for Domestic Violence Survivors (TA-DVS) program, update its terminology and to remove an exemption that applied to the Refugee Assistance Medical (REFM) program for eligible children in the custody of a public or private agency.

      OAR 461-135-0075 about the limitation on the eligibility period for Temporary Assistance for Needy Families (TANF) is being amended to state that months beginning October 1, 2011 in which a filing group is a two-parent family eligible for cash assistance based on the unemployment or underemployment of the primary wage earner do not count towards the 60-month limitation on the TANF eligibility period. This rule is also being amended to make permanent temporary rule changes adopted on November 1, 2011.

      OAR 461-135-1100 is being amended to make permanent temporary rule changes effective January 1, 2012 and reflect the elimination of OHP-OPU Student Status eligibility criteria and no longer refer to the higher education student requirements that were in OAR 461-135-1110, which is being repealed. OAR 461-135-1100 is also being amended to align it with revisions of OAR 410-120-1960, 461-135-0990 and 461-155-0360 that centralize the Health Insurance Premium Payment (HIPP) program. This amendment clarifies what constitutes major medical insurance by eliminating the $10,000 coverage minimum and stating what types of benefits an insurance policy must have to be considered major medical.

      OAR 461-135-1110 about eligible and ineligible students in the Oregon Health Plan OPU program (coverage for adults who qualify under an income standard based on 100 percent of the federal poverty level) is being repealed to make permanent the suspension of this rule that was effective January 1, 2010. Applicants and recipients will no longer be required to meet the income requirements for a Pell grant (having an estimated family contribution of $0), or be a student in a program serving displaced workers under section 236 of the Trade Act of 1974 (19 USC 2296).

      OAR 461-135-1210 which aligns TA-DVS definitions with TANF definitions is being repealed. The rule is not used because OAR 461-135-1225 already aligns TA-DVS policy with TANF.

      OAR 461-135-1260 is being adopted to set out the specific requirements of the Job Participation Incentive (JPI) program, which is part of the strategy to meet federal requirements related to TANF participation and help increase the ability of single parents with small children provide better nutrition to their families. This rule is also being adopted to make permanent the temporary rule adopted on October 1, 2011.

      OAR 461-145-0080 about the treatment of child support and cash medical support in the Department’s public assistance, medical, and SNAP programs is being amended to state that, for on-going eligibility and benefit determination for TANF clients for whom deprivation is based on the unemployment or underemployment of the primary wage earner (PWE) in a two-parent household, except for the amount disregarded, child support is considered countable unearned income. This rule is also being amended to make permanent the temporary rule changes adopted October 5, 2011.

      OAR 461-145-0410 about how program benefits are treated in the eligibility process is being amended to provide specifics regarding description of the Job Participation Incentive (JPI) program benefits and how those benefits will be treated when determining eligibility for other programs. This rule is also being adopted to make permanent the temporary rule adopted on October 1, 2011.

      OAR 461-155-0030 about income and payment standards is being amended to change how the rule describes income limits for benefits in the JOBS and TANF programs. This amendment cross-references another rule that displays income limits representing 185 percent of the federal poverty level instead of duplicating the tables.

      OAR 461-155-0290, 461-155-0291, and 461-155-0295 about the income standards for the QMB-BAS, QMB-DW, and QMB-SMB programs (Qualified Medicare Beneficiaries - Basic, Disabled Worker, Special Medicare Beneficiaries) are being amended to base their income standards on the 2012 federal poverty level. Currently, these rules are based on the 2011 federal poverty level.

      OAR 461-155-0500 sets out the general eligibility requirements for specific special needs addressed in other rules (OAR 461-155-0510 to 461-155-0710). OAR 461-155-0500 is being amended to remove an obsolete reference to a repealed rule (OAR 461-155-0693), and to add a reference to a current special needs rule (OAR 461-155-0575). This amendment does not change any of the eligibility requirements for specific special needs.

      OAR 461-165-0180 about eligibility of child care providers is being amended to add timelines for providers to return the child care provider listing form to the Department. This change will require the provider to submit a completed listing form within 15 calendar days from the date the department issues the listing form.

      OAR 461-170-0011 is being amended to set out the reporting requirements for clients in the Job Participation Incentive (JPI) program, aligning these requirements with SNAP cases in SRS. This rule is also being adopted to make permanent the temporary rule adopted on October 1, 2011.

      OAR 461-180-0130 is being amended to make permanent temporary changes initially adopted on October 1, 2011 that to limit the restoration of benefits period for the Job Participation Incentive (JPI) program to four months.

      OAR 461-190-0211 about case plan activities and standards for support service payments for the Department’s Temporary Assistance for Needy Families Job Opportunity and Basic Skills (JOBS) program is being amended to make permanent temporary rule changes adopted November 1, 2011 that modify program restrictions implemented July 1, 2011 as a result of budget reductions from the 2011 legislative session. The changes include stating the policies that apply to the Pre-TANF program; allowing individuals exempt from JOBS participation because of a child under two to volunteer for the JOBS program as slots are available; extending the length of unpaid work-site agreements from 60 days to four months in order to increase the period of time individuals may participate in work experience and supported work (the extended period could increase the number of employers interested in offering work-site slots, expanding the variety of work experience opportunities available to participants); removing the monthly transportation support services limit of $50 per month which will allow flexibility to address family needs within the monthly maximum support services limit; increasing the monthly maximum support services limit per family by $50 which will offset the impact the removal of the $50 monthly transportation limit will have against child care and other support services within the monthly maximum; allowing Department-approved support services exceptions to be implemented; and aligning changes to meet requirements in ORS 412.124 and clarifying that Post-TANF clients may have a case plan even if otherwise exempt from JOBS if they need additional participation hours to maintain eligibility.

      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 March 1, 2012 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: Developmental Disability Services Health Care Representative.

Date:                         Time:                        Location:

2-15-12                  1:30 p.m.               500 Summer St. NE
                                                                           Rms. 137AB
                                                                           Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 409.050, 410.070, & 430.640

Other Auth.: HB 2375 (2011), Ch. 149 (2011 OL) & HB 2652 (2011), Ch.194 (2011 OL)

Stats. Implemented: ORS 183.415, 427.005, 427.007, & 430.610– 430.670

Proposed Amendments: 411-365-0100, 411-365-0120, 411-365-0140, 411-365-0160, 411-365-0180, 411-365-0200, 411-365-0220, 411-365-0240, 411-365-0260, 411-365-0280, 411-365-0300, 411-365-0320

Last Date for Comment: 2-21-12, 5 p.m.

Summary: To implement House Bill 2375 and House Bill 2652 from the 2011 legislative session, the Department of Human Services (Department) is proposing to amend the health care representative rules for individuals with developmental disabilities in OAR chapter 411, division 365 that prescribe standards by which a health care representative may be appointed for adult individuals with developmental disabilities who reside in many 24 hour residential services sites. Specifically, the proposed rules:

      • Include the appointment of a health care representative for adult individuals residing in licensed adult foster homes for individuals with developmental disabilities under OAR chapter 411, division 360, previously only allowed through a variance process;

      • Clearly define who may or may not be appointed as a health care representative;

      • Further describe the expanded membership of an ISP team used to appoint a health care representative; and

      Clean up old, obsolete language to reflect current Department standards.

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 Justice
Chapter 137

Rule Caption: Clarifies processes for Self Alleged Father cases.

Stat. Auth.: ORS 180.345

Stats. Implemented: ORS 25.080

Proposed Amendments: 137-055-3080

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

Summary: OAR 137-055-3080 is being amended to clarify the process in good cause and Self Alleged Father cases.

Rules Coordinator: Carol Riches

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

Telephone: (503) 947-4700

Department of Transportation
Chapter 731

Rule Caption: Rule for legislative intent regarding ODOT’s relationship with the Department of Aviation.

Stat. Auth.: 184.616, 184.619, & 2011 OL Ch. 630

Stats. Implemented: 2011 OL Ch. 630

Proposed Adoptions: 731-003-0005

Proposed Repeals: 731-003-0005(T)

Last Date for Comment: 2-21-12, 4 p.m.

Summary: Enacted legislation stated that ODOT would need to adopt rules for the business processes identified. Adoption of rules for policies and procedures already in place in ODOT would be extensive for each business process related to financial transactions. ODOT uses a process where all divisions, which will include ODA, assist in development and review of these policies and procedures contained in the Financial Administration and Standards Manuel (FASM).

      ODOT needs a rule to provide Aviation and the public with guidance on what information Aviation must comply with. The rule also requires that ODOT’s relationship with Aviation be guided by an intergovernmental agreement. This information is necessary for ODOT and Aviation to have a clear understanding of their working relationship and to enhance Aviation’s ability to provide services to Oregonians. This rule replaces a temporary rule that became effective on September 30, 2011.

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171

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

Rule Caption: Increases manufacturing fee collected for a pair of registration plates. Supersedes notice published November 2011.

Stat. Auth.: ORS 184.616, 184.619, 802.010 & 803.570

Stats. Implemented: ORS 803.570

Proposed Amendments: 735-032-0010

Last Date for Comment: 2-21-12, 4 p.m.

Summary: This Notice supersedes the same as published in the November 1, 2011 Oregon Bulletin. The rule amendment is needed to bring OAR 735-032-0010 into compliance with ORS 803.570. Failure to amend the rule will result in an inconsistency between the statute and rule and result in a loss of revenues collected for the State Highway Fund.

      ORS 803.570 requires DMV to establish, by rule, the registration plate manufacturing cost for a registration plate or pair of registration plates. The cost established by DMV is calculated by taking the cost to manufacture a single plate or pair of plates, and rounding the amount(s) charged DMV customers to the next higher half-dollar. DMV has adopted OAR 735-032-0010 to set the registration plate manufacturing cost amounts. (Currently, the plate manufacturing cost amount is $2 for a single plate and $3 for a pair of plates.) The plate manufacturing cost amount is then added to the statutory fee set forth in ORS 803.570 which is $10 for a single plate and $20 for a pair of plates. The total, which is also established in OAR 735-032-0010, is the registration plate fee that must be paid when a registration plate or pair of registration plates is issued to a customer.

      In January 2011, DMV renewed a 10-year agreement (Agreement) with Irwin-Hodson Group (Contractor) to manufacture registration plates for DMV. Under the Agreement, DMV’s cost for a pair of plates increased from $3 to $3.43, which when rounded to the next higher half-dollar is $3.50. DMV delayed immediately raising the registration plate fee due to a large inventory of plates on hand at the time of the Agreement.

      In October 2011, DMV filed notice to amend OAR 735-032-0010 to increase from $3 to $3.50, the manufacturing cost amount charged for each pair of plates issued [emphasis]. The increase was scheduled to become effective January 1, 2012.

      Shortly after the rule was noticed, but before the effective date, DMV entered into a 12-month price agreement with the Contractor. Under the new price agreement, DMV’s cost for a pair of plates increased from $3.43 to $3.52, which when rounded to the nearest half-dollar is $4. The increase is needed to cover an increase in the Contractor’s cost to manufacture a pair of plates.

      DMV is now re-noticing the proposed amendment of OAR 735-032-0010 to increase from $3 to $4, the manufacturing cost amount charged for each pair of registration plates issued. As a result, the registration plate fee for a pair of plates will rise from $23.00 to $24.00. The proposed effective date of the rule and fee increase is April 1, 2012.

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

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171

Department of Transportation,
Highway Division
Chapter 734

Rule Caption: Outdoor advertising sign application process.

Stat. Auth.: ORS 184.616, 184.619, 377.710, 377.715, 377.725, 377.729, 377.753, &2011 OL Ch. 562

Stats. Implemented: ORS 377.710, 377.715, 377.720, 377.725, 377.750 & 377.767

Proposed Adoptions: 734-060-0007

Proposed Amendments: 734-060-0000, 734-060-0010, 734-065-0015, 734-065-0020, 734-065-0025

Proposed Repeals: 734-060-0000(T), 734-060-0007(T)

Last Date for Comment: 2-21-12, 4 p.m.

Summary: OAR 734-060-0000 outlines the process for filing an application for an outdoor advertising sign. OAR 734-060-0007 outlines the process for filing an application for a digital billboard, which is a subset of outdoor advertising signs specifically authorized in SB 639. Temporary rules were filed in July 2011 implementing SB 639. These amendments revise the language of the temporary rules and permanently implement SB 639 provisions.

      OAR 734-060-0010 outlines the process for requesting an outdoor advertising sign permit for a sign on a transit shelter. OAR 734-065-0015, 734-065-0020 and 734-065-0025 outline the process for requesting an outdoor advertising sign permit for a sign on a transit shelter. These amendments allow an easier process for applicants to request the permit and change the size to the industry standard for such signs.

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

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171

Department of Transportation,
Motor Carrier Transportation Division
Chapter 740

Rule Caption: Update statutory reference and add description to similar violations.

Stat. Auth.: ORS 184.616, 184.619, 823.011, 825.232

Stats. Implemented: ORS 825.250, 825.410, 825.950, 825.955

Proposed Amendments: 740-300-0060

Last Date for Comment: 2-21-12, 4 p.m.

Summary: These rules describe the general penalties for violations of statutes and rules related to motor carrier safety and describe the progressive levels of penalties. The level of penalties assessed is based on the motor carrier’s compliance history. A motor carrier that repeats similar violations is subject to a suspension of operating authority, in addition to any authorized monetary penalties. The current rule describes “similar violations,” however the list is not complete. The proposed amendment adds violations of drug and alcohol testing or use to the classifications for which similar violations are determined. Currently, a violation related to drug and alcohol testing or use is described as a similar violation under the description of: “Records and reports not included in subsections (a), (b) or (c) of this section.” In order to clarify the rule, the amendment proposes that drug and alcohol testing or use be given its own “similar violation” description. In addition, the proposed amendment updates a statutory change made to ORS 825.955.

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

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171

Department of Veterans’ Affairs
Chapter 274

Rule Caption: Conservatorship Fees and Services.

Date:                         Time:                        Location:

2-15-12                  1:30–3 p.m.         Veterans’ Bldg. Auditorium
                                                                           700 Summer St. NE
                                                                           Salem, OR

Hearing Officer: Bruce Craig

Stat. Auth.: ORS 113.085, 406.030, 406.040, 406.050(5), (6) & 406.100

Other Auth.: 38 USCS 5502 and CFR Ch. 61 Sec. 5506

Stats. Implemented: ORS 406.050, 406.100 & 406.120

Proposed Adoptions: 274-015-0020

Proposed Amendments: 274-015-0010

Last Date for Comment: 2-15-12, 5 p.m.

Summary: The amendment to 274-015-0010 is proposed in order to relieve the agency’s Loan Program from subsidizing the Conservatorship Program. ODVA is proposing to raise the fee amounts in three areas as follows: Property Management, Appraisal, and Inspection.

      The adoption of 274-015-0020 provides for he agency for act as Representative Payee. The fee rate for this service is the amount which is federally allowed.

Rules Coordinator: Bruce Craig

Address: Department of Veterans’ Affairs, 700 Summer St. NE, Salem, OR 97301-1285

Telephone: (503) 373-2327

Employment Department
Chapter 471

Rule Caption: Updates due to legislative changes; clarifies eligibility for individuals in training.

Stat. Auth.: ORS 657.610

Stats. Implemented: ORS 657

Proposed Amendments: 471-030-0080

Last Date for Comment: 2-24-12, Close of Business

Summary: The proposed amendments to OAR 471-030-0080 make the following changes:

      • Revise “Professional Technical Training” to “Career and Technical Training” as a result of changes in HB 2109, which passed in the 2009 Legislative Session.

      • Defines when the Director may waive the requirement that an individual be a full time student to be approved for training. This change removes the reference to ORS 657.337, which was repealed by HB 2203 in the 2009 Legislative Session.

      • Clarify eligibility requirements for unemployment benefits to individuals who are in approved training. Individuals who do not attend their approved training during the week are required to meet regular unemployment insurance eligibility requirements for those weeks.

Rules Coordinator: Courtney Brooks

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

Telephone: (503) 947-1724

Land Conservation and Development Department
Chapter 660

Rule Caption: Amend rules governing Oregon’s implementation of Federal Coastal Zone Management Act consistency requirements.

Date:                         Time:                        Location:

3-15-12                  9 a.m.                       Newport City Hall
                                                                           Council Chambers
                                                                           169 SW Coast Hwy.
                                                                           Newport, OR 97365

Hearing Officer: LCDC

Stat. Auth.: ORS 197.040 & 183.332

Other Auth.: 15 CFR Part 930

Stats. Implemented: ORS 196.435

Proposed Amendments: 660-035-0000, 660-035-0010, 660-035- 0020, 660-035-0030, 660-035-0040, 660-035-0050, 660-035-0060, 660-035-0070, 660-035-0080

Last Date for Comment: 3-15-12, 9 a.m.

Summary: The federal Coastal Zone Management Act of 1972, as amended, contains a “federal consistency” provision that allows states with an approved coastal management program to review federal activities affecting coastal uses or resources. The Department of Land Conservation and Development (department) is Oregon’s designated coastal zone management agency, and administers Oregon’s federal consistency program. The department administers federal consistency reviews according to the federal requirements outlined in 15 CFR Part 930, and the corollary state rules in OAR chapter 660, division 35. The proposed amendments update division 35 to reflect changes in federal requirements since the rule was last updated, and to clarify that the department will follow the requirements of 15 CFR Part 930 when performing consistency reviews. Housekeeping and technical corrections to the rules may be proposed to ensure rule consistency.

Rules Coordinator: Casaria Tuttle

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

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

Oregon Department of Education
Chapter 581

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

Stat. Auth.: ORS 326.051

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

Proposed Repeals: 581-021-0062

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

Summary: HB 2939 was enacted in 2011. To implement this legislation the state board drafted 6 new rules to replace this existing rule which is being repealed. These new rules relate to physical restraint and seclusion in public education programs and implement HB 2939 enacted by the 2011

      Legislature. The rules:

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

      (2) Procedures regarding restraint and seclusion.

      (3) Reporting requirements for public education programs.

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

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

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651

Oregon Health Authority,
Division of Medical Assistance Programs
Chapter 410

Rule Caption: FCHP Non-contracted Hospital reimbursement rate methodology change.

Date:                         Time:                        Location:

3-19-12                  10:30 a.m.             DHS Bldg., HR 137C
                                                                           500 Summer St. NE
                                                                           Salem, OR

Hearing Officer: Darlene Nelson

Stat. Auth.: ORS 413.042

Other Auth.: SB 101 (2011 Oregon Legislative Assembly)

Stats. Implemented: ORS 414.025, 414.065, 414.705 & 414.743

Proposed Amendments: 410-120-1295

Last Date for Comment: 3-20-12, Close of Business

Summary: Having Temporarily amended 410-120-1295 effective October 1, 2011, DMAP will permanently amend this rule, to allow providers to be reimbursed at the correct rate for services rendered on or after Oct. 1. The formula established by the reimbursement methodology in ORS 414.743 gives correct and appropriate information to hospitals and managed care organizations when applying the formula to claims for reimbursement for services rendered to medical assistance clients. The statute is based on the budget period that coordinates with the managed care and Division contracts.

Rules Coordinator: Darlene Nelson

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

Telephone: (503) 945-6927

 

Rule Caption: Hospital Provider Tax Rate Decrease.

Stat. Auth.: ORS 413.042

Stats. Implemented: 2009 OL Ch. 867 §17, 2007 OL Ch. 780 § 1 & 2003 OL Ch. 736 § 2 & 3

Proposed Amendments: 410-050-0861

Proposed Repeals: 410-050-0861(T)

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

Summary: This proposed hospital provider tax rule decreases the hospital provider tax rate from 5.08% to 4.32% effective January 1, 2012. Upon adoption of this rule, the temporary rule, effective January 1, 2012, will be repealed.

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

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

Rules Coordinator: Darlene Nelson

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

Telephone: (503) 945-6927

 

Rule Caption: Amendment of Oregon Prescription Drug Program rules.

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 414.312–414.320

Proposed Amendments: 410-121-2000, 410-121-2005, 410-121-2010, 410-121-2020, 410-121-2030, 410-121-2050, 410-121-0265

Last Date for Comment: 2-24-12, 5 p.m.

Summary: The Oregon Prescription Drug Program is amending these rules to update definitions, add a definition for mail order pharmacy, update terminology and make grammatical corrections.

      Please send comments or questions to Evonne Alderete 500
Summer St. NE, Salem, Oregon 97301 (503-932-9663)

Rules Coordinator: Darlene Nelson

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

Telephone: (503) 945-6927

Oregon Health Authority,
Office for Oregon Health Policy and Research
Chapter 409

Rule Caption: Amendments to Patient-Centered Primary Care Home Program Rules.

Date:                         Time:                        Location:

2-15-12                  3 p.m.                       1225 Ferry St SE
                                                                           Mt. Neahkanie Rm. (1st floor)
                                                                           Salem, OR

Hearing Officer: Zarie Haverkate

Stat. Auth.: ORS 413.042, 414.655 & 442.210

Other Auth.: 2011 OL Ch. 602 (HB 3650)

Stats. Implemented: ORS 413.042, 414.655 & 442.210

Proposed Adoptions: 409-055-0090

Proposed Amendments: 409-055-0000, 409-055-0010, 409-055-0020, 409-055-0030, 409-055-0040, 409-055-0050, 409-055-0060, 409-055-0070, & 409-055-0080

Proposed Repeals: 409-055-0000(T), 409-055-0010(T), 409-055-0020(T), 409-055-0030(T), 409-055-0040(T), 409-055-0050(T), 409-055-0060(T), 409-055-0070(T), 409-055-0080(T)

Last Date for Comment: 2-17-12, 5 p.m.

Summary: The Oregon Health Authority (OHA), Office for Oregon Health Policy and Research (OHPR) is adopting administrative rules for the Patient-Centered Primary Care Home (PCPCH) Program. The rules implement PCPCH standards, reporting, and recognition process and other applicable mandates of ORS 442.210, enacted by the 74th Legislative Assembly and ORS 414.655, enacted by the 75th Legislative Assembly. These proposed rules are intended to fulfill the mandates by prescribing the standards used for practices to qualify as PCPCHs, the reporting requirements for PCPCHs, and the process used to recognize PCPCHs.

Rules Coordinator: Zarie Haverkate

Address: Oregon Health Authority, Office for Oregon Health
Policy and Research, 1225 Ferry St. SE, Salem, OR 97301

Telephone: (503) 373-1574

 

Rule Caption: Amendments to Physician Credentialing and Recredentialing rules.

Stat. Auth.: ORS 442.807

Stats. Implemented: ORS 442.800–442.807

Proposed Amendments: 409-045-0000

Proposed Repeals: 409-045-0000(T)

Last Date for Comment: 4-30-12, 5 p.m.

Summary: The Oregon Health Authority, Office for Oregon Health Policy and Research is implementing amendments to the Physician Credentialing and Recredentialing forms for 2012 as approved by the Advisory Committee on Physician Credentialing Information on September 28, 2011.

      These proposed rules are available on the OHPR Website: http://www.oregon.gov/OHA/OHPR/rulemaking/index.shtml

      For hardcopy requests, call: (503) 373-1574.

Rules Coordinator: Zarie Haverkate

Address: Oregon Health Authority, Office for Oregon Health Policy and Research, 1225 Ferry St. SE, Salem, OR 97301

Telephone: (503) 373-1574

Oregon Health Authority,
Public Health Division
Chapter 333

Rule Caption: Implements changes to temporary restaurant licensing standards due to passage of House Bill 2868 (2011).

Date:                         Time:                        Location:

2-16-12                  2:30 p.m.               Portland State Office Bldg.
                                                                           800 NE Oregon St., Rm. 1B
                                                                           Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 446.425, 448.100, 624.041 & 624.510

Stats. Implemented: ORS 446.425, 448.100, 624.041, 624.510 & HB 2868 (OL 2011 Ch. 664)

Proposed Adoptions: 333-157-0073, 333-157-0077

Proposed Amendments: 333-012-0053, 333-012-0055

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

Summary: The Oregon Health Authority, Public Health Division is proposing to permanently adopt and amend administrative rules in chapter 333, divisions 12 and 157. The proposed rules implement the provisions of House Bill 2868, passed during the 2011 Oregon Legislative Session, which changes the licensing model for temporary restaurant facilities. House Bill 2868 was a collaborative effort of the temporary restaurant industry and state and local regulatory officials to improve the licensing model by reducing the costs of operating temporary restaurants by industry but still allowing regulatory officials to assure adequate public health protection. House Bill 2868 created new licensing categories that extend the period of time that licenses are valid and allows local health departments to conduct a comprehensive review of the operation’s food safety practices.

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: Registry of emergency health care services volunteers to include previously licensed health professionals.

Date:                         Time:                        Location:

2-16-12                  1:15 p.m.               Portland State Office Bldg.
                                                                           800 NE Oregon St., Rm. 1C
                                                                           Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 401.651–401.670 & 2011 OL Ch. 89

Stats. Implemented: ORS 401.651–401.670 & 2011 OL Ch. 89

Proposed Adoptions: 333-003-0117, 333-003-0119

Proposed Amendments: 333-003-0105, 333-003-0110, 333-003-0115, 333-003-0118, 333-003-0125, 333-003-0140, 333-003-0210

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

Summary: The Oregon Health Authority, Public Health Division is proposing to permanently adopt and amend Oregon Administrative Rules relating to the registration and activation of emergency health care services volunteers in response to the passage of SB 563 during the 2011 legislative session.

      These rules address the registration, training, background check process, activation and extended liability protection and workers’ compensation protection to qualified emergency service volunteers. The rules also help to build more programmatic structure and streamline processes to strengthen the registration process of emergency health care services volunteers to include previously licensed health professionals.

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 Health Insurance Exchange
Chapter 945

Rule Caption: To adopt Employee Criminal Records Check and Fitness Determination for ORHIX.

Stat. Auth.: SB 99 (2011)

Stats. Implemented:

Proposed Adoptions: 945-010-0000, 945-010-0005, 945-010-0010, 945-010-0020, 945-010-0030, 945-010-0040, 945-010-0050, 945-010-0060, 945-010-0070, 945-010-0080, 945-010-0090, 945-010-0090, 945-010-0100

Last Date for Comment: 3-1-12, Close of Business

Summary: The Oregon Health Insurance Exchange Corporation is temporarily adopting new rules to address the need for criminal background and fitness determination checks for persons employed or applying for employment to the corporation. This rule is developed in compliance with statutory requirement included in SB 99 (2011) Section 20.

Rules Coordinator: Claudia Grimm

Address: Oregon Health Insurance Exchange, 3414 Cherry Ave. NE, Suite 190, Salem, OR 97303

Telephone: (503) 373-9404

 

Rule Caption: To adopt Model Rules of Procedure for ORHIX.

Stat. Auth.: SB 99 (2011)

Stats. Implemented:

Proposed Adoptions: 945-001-0000, 945-001-0005, 945-001-0010

Last Date for Comment: 3-1-12, Close of Business

Summary: The Oregon Health Insurance Exchange Corporation is temporarily adopting new rules to address the need for model rules for procedure. This rule is developed in compliance with statutory requirement included in SB 99 (2011) Section 3 (15).

Rules Coordinator: Claudia Grimm

Address: Oregon Health Insurance Exchange, 3414 Cherry Ave. NE, Suite 190, Salem, OR 97303

Telephone: (503) 373-9404

Oregon Housing and Community Services Department
Chapter 813

Rule Caption: Amends rules to reflect program requirements, industry standards and ensures consistency with statutory requirements.

Date:                         Time:                        Location:

3-6-12                     10 a.m.                    725 Summer St. NE, Rm. 124
                                                                           Salem, OR

Hearing Officer: Roberto Franco

Stat. Auth.: ORS 456.555

Stats. Implemented: ORS 456.620, 456.625 & 456.655

Proposed Adoptions: 813-044-0055

Proposed Amendments: 813-044-0000, 813-044-0030, 813-044-0040, 813-044-0050

Proposed Repeals: 813-044-0010, 813-044-0020, 813-044-0060, 813-044-0000(T), 813-044-0030(T), 813-044-0040(T), 813-044-0050(T), 813-044-0055(T)

Last Date for Comment: 3-15-12, 5 p.m.

Summary: These rules have been reviewed for statutory compliance and are intended to reflect the operation of the program. In many cases, rules have been renumbered for ease of understanding and to ensure clarity.

      813-044-0000 Clarifies the purpose and objectives of the rules.

      813-044-0010 The definitions for the rules will be centralized in the department’s general and procedural rules. This rule has been repealed.

      813-044-0020 This rule is repealed as this information is procedural and is contained within the Program’s Procedural Guide.

      813-044-0030 Amendments provide clarification on how funds in the program will be distributed.

      813-044-0040 Amendments provide clarification on the application procedure and requirements for an organization applying for a grant from the program. Language has been included to reflect that supplemental application charges shall be paid by an organization that requests additional resources.

      813-044-0050 Provides clarification regarding the department’s consideration of individual proposals and the use of competitive funds.

      813-044-0055 This new rule sets out the requirements for an organization that receives a grant under the program.

      813-044-0060 These rules will be repealed. The rules clarify when a loan is eligible for purchase under the program.

Rules Coordinator: Sandy McDonnell

Address: Oregon Housing and Community Services Department, 725 Summer St. NE, Suite B, Salem, OR 97301

Telephone: (503) 986-2012

 

Rule Caption: Amends rules to reflect program requirements, industry standards and ensures consistency with statutory requirements.

Date:                         Time:                        Location:

3-6-12                     10 a.m.                    725 Summer St. NE, Rm, 124
                                                                           Salem OR 97301

Hearing Officer: Roberto Franco

Stat. Auth.: ORS 456.555

Stats. Implemented: ORS 456.620, 456.635 & 456.650

Proposed Amendments: 813-020-0005, 813-020-0020, 813-020-0025, 813-020-0035, 813-020-0045, 813-020-0060, 813-020-0070

Proposed Repeals: 813-020-0010, 813-020-0015, 813-020-0016, 813-020-0033, 813-020-0005(T), 813-020-0020(T), 813-020-0025(T), 813-020-0035(T), 813-020-0045(T), 813-020-0060(T), 813-020-0070(T)

Proposed Ren. & Amends: 813-020-0017 to 813-020-0021, 813-020-0030 to 813-020-0022, 813-020-0040 to 813-020-0046, 813-020-0041 to 813-020-0047, 813-020-0042 to 813-020-0048, 813-020-0032 to 813-020-0049, 813-020-0024 to 813-020-0054, 813-020-0050 to 813-020-0056, 813-020-0051 to 813-020-0057

Last Date for Comment: 3-15-12, Close of Business

Summary: These rules have been reviewed for statutory compliance and are intended to reflect the operation of the program. In several cases, rules have been renumbered for ease and clarity of the rules.

      813-020-0005 Clarifies the purpose and objectives of the rules.

      813-020-0010 The definitions for the rules will be centralized in the department’s general ad procedural rules. This rule has been repealed.

      813-020-0015 This rule is repealed as this information is procedural and is contained within the Program’s Procedural Guide.

      813-020-0017 (Renumbered to 813-020-0021) -Amendments clarify the purpose and objective of the rules.

      813-020-0020 Amendments clarify the purpose and objective of the rules. Repealed language is procedural and is contained within the Program’s Procedural Guide.

      813-020-0024 (Renumbered to 813-020-0054) Amendments clarify when, and the requirements for, a borrower to transfer ownership in a property financed by program funds

      813-020-0025 Clarifies when a loan is eligible for purchase under the program.

      813-020-0030 (Renumbered to 813-020-0022) - Amendments are intended for clarification of the program requirements.

      813-020-0032 (Renumbered to 813-020-0040) Provides clarification for the permission use and requirements for property financed by the program.

      813-020-0033 This rule will be repealed. The information is procedural and is contained within the Program’s Procedural

      813-020-0035 Amendments are intended to clarify the eligibility criteria for residences to participate in the program.

      813-020-0040 (Renumbered to 813-020-0046) Amendments include an adjustment of the loan amount requiring mortgage insurance.

      813-020-0041 (Renumbered for 813-020-0047) Clarifies the requirement for title insurance for loans under the program.

      813-020-0042 (Renumbered to 813-020-0048) Clarifies the requirement for hazard insurance for loans under the program.

      813-020-0045 Amendments are intended to clarify lender action on a loan application for the program.

      813-020-0050 (Renumbered to 813-020-0056) Amendments to these rules clarify approved servicers that may participate under the program.

      813-020-0051 (Renumbered to 813-020-0057) Amendments are generally administrative in nature and are intended for clarification only.

      813-020-0060 Amendments serve to provide clarification and reference to specific regulations that are applicable for qualifications as a ‘Special Purpose Credit Program.’

      813-020-0070 Amendments to this rule are intended to clarify any federal eligibility requirements pertinent to participation in the program.

Rules Coordinator: Sandy McDonnell

Address: Oregon Housing and Community Services Department, 725 Summer St. NE, Suite B, Salem, OR 97301

Telephone: (503) 986-2012

Oregon Liquor Control Commission
Chapter 845

Rule Caption: Amendments clarifying where minors are allowed on a licensed premises and a minor employee’s duties.

Date:                         Time:                        Location:

2-23-12                  10 a.m.                    9079 SE McLoughlin Blvd.
                                                                           Portland, OR 97222

Hearing Officer: Jennifer Huntsman

Stat. Auth.: ORS 471, 471.030, 471.040, 471.430, 471.482 & 471.730

Stats. Implemented: ORS 471.130, 471.410, 471.430, 471.480 & 471.482

Proposed Amendments: 845-006-0335

Last Date for Comment: 3-8-12, 5 p.m.

Summary: This rule describes the requirements and responsibilities of licensees and permittees to prevent minors from purchasing and consuming alcohol on their premises or from being in an area that is prohibited to minors. In section (6) regarding minor entertainers, staff recommends minor amendments to clarify our expectation that if a minor entertainer is not performing and a Commission approved area has not been designated on the licensed premises (on the floor plan) where the minor stays when not performing, then the minor entertainer must be off of the licenses premises. Our regulatory staff is seeing more licensees choosing not to designate an approved area on their licensed premises, but rather utilizing options such as trailers in parking lots, and our public safety interest is to clearly know where minors will be so that we can help ensure that no minors are in possession of alcoholic beverages. Staff also recommends amending section (4) regarding minor employees and service permittees in order to reflect recent minor posting changes made in the Minor Posting rule. A complete rewrite and reorganization of the language regarding the allowance of these minors in various posted areas, as well as what duties they are allowed to perform, is proposed to improve clarity. And finally, staff recommends deletion of language in sections (3)(a) (and (2)(b)) to clarify that this rule section should only be used to charge allowing a minor to drink. Selling or serving minors would instead be charged under the applicable statute (ORS 471.410(2)), or as we typically do instead, charged under section (1) of this rule for failure to verify age. The statute has a knowingly or “with knowledge” element required for selling and serving to a minor, but there is no such limitation for allowing a minor to drink.

Rules Coordinator: Jennifer Huntsman

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

Telephone: (503) 872-5004

 

Rule Caption: Add additional same-day delivery option to accommodate alcohol deliveries with evening meal orders.

Date:                         Time:                        Location:

2-22-12                  10 a.m.                    9079 SE McLoughlin Blvd.
                                                                           Portland, OR 97222

Hearing Officer: Jennifer Huntsman

Stat. Auth.: ORS 471, 471.030, 471.040, 471.186 & 471.730(1) & (5)

Stats. Implemented: ORS 471.186, 471.282, 471.305 & 473

Proposed Amendments: 845-006-0392, 845-006-0396

Last Date for Comment: 3-7-12, 5 p.m.

Summary: The Commission accepted a petition from Nathaniel Paschal (Restaurant Retrievers LLC) requesting amendment of OAR 845-006-0396 which describes the requirements for same-day delivery of malt beverages to a resident of Oregon. Because it contains parallel language, rulemaking was also initiated for OAR 845-006-0392 which describes same-day delivery requirements for wine or cider. The proposed amendments would allow the delivery of malt beverages and wine with evening meal orders from restaurants with an Off-Premises license privilege. The proposed amendments would allow the additional option of delivering up to 1.25 gallons (two 6-packs) of malt beverage and 2 (standard) bottles of wine to an Oregon residence per day, to be delivered until 9:00 p.m., and with an order placement deadline of 7:00 p.m. The proposed amendments also include in both OAR 845-006-0392 (8) and OAR 845-006-0396 (5) leaving both (b) & (c) options, which include unlimited amounts of alcohol being delivered, the same, and amending (a) & (d), that contain specific quantity limits, so that daily delivery amounts are per “residence”.

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: Address allocation of administrative expenses based on Court of Appeals ruling in Murray contested case.

Date:                         Time:                        Location:

2-28-12                  3 p.m.                       PERS Boardroom
                                                                           11410 SW 68th Pkwy.

                                                                           Tigard, OR 97223

Hearing Officer: Daniel Rivas

Stat. Auth.: ORS 238.260, 238.650 & 238A.450

Stats. Implemented: ORS 238 & 238A.350

Proposed Amendments: 459-007-0005

Last Date for Comment: 3-1-12, Close of Business

Summary: In a recent contested case, Murray v. Public Employees Retirement Bd., 235 Or App 262, 230 P3d 993 (2010), the Court of Appeals held that the PERS Board “erred in concluding that the Variable Account was required in 2001 and 2002 to pay a pro rata share of PERS administrative expenses from principal rather than from interest.”

      The Court of Appeals decision requires the Board to change the way administrative expenses of Variable are paid in years in which the earnings in that account are insufficient to cover its expenses. To the extent the earnings are sufficient to cover all or a portion of the expenses, the expenses will continue to be charged to each participant on a pro rata basis. Following the Court of Appeals decision, any shortfall must be paid from a different source. That source does not need to be determined until the next year in which Variable earnings are less than the expenses of that account.

      The amendments to OAR 459-007-0005, Annual Earnings
Crediting, reflect the changes to the allocation of administrative expenses resulting from the Murray case.

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713

 

Rule Caption: Minor updates to definitions in disability rules.

Date:                         Time:                        Location:

2-28-12                  3 p.m.                       PERS Boardroom
                                                                           11410 SW 68th Pkwy.

                                                                           Tigard, OR 97223

Hearing Officer: Daniel Rivas

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

Stats. Implemented: ORS 238.320–238.345, 238A.235

Proposed Amendments: 459-015-0020, 459-076-0020

Last Date for Comment: 3-1-12, Close of Business

Summary: This update to OARs 459-015-0020 and 459-076-0020 is a housekeeping edit to correctly use the term “date of separation” for when PERS may begin paying disability benefits to a disability recipient. The definitions “date of termination” and “date of separation” were amended during the recent disability rulemaking and this change to the rules was overlooked.

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713

 

Rule Caption: Clarify requirements included in petitions for reconsideration.

Date:                         Time:                        Location:

2-28-12                  3 p.m.                       PERS Boardroom
                                                                           11410 SW 68th Pkwy.

                                                                           Tigard, OR 97223

Hearing Officer: Daniel Rivas

Stat. Auth.: ORS 238.650

Stats. Implemented: ORS 183.413–183.470 & 183.482

Proposed Amendments: 459-001-0025, 459-001-0040

Last Date for Comment: 3-1-12, Close of Business

Summary: In 2008, PERS adopted changes to OAR 459-001-0040 relating to reviews of petitions for reconsideration of a final order in a contested case. Those modifications conformed to the Department of Justice (DOJ) Model Rules of Procedure. During that rulemaking, section (2) of 459-001-0040 was deleted, which clarified specific information to be included in a petition for reconsideration. That rulemaking, however, did not modify OAR 459-001-0025, which references the now-deleted section (2) of OAR 459-001-0040.

      These proposed modifications delete the outdated citation. Instead, adopting these modifications would delegate from the PERS Board to the Director the authority to deny any petition that does not set forth the specific grounds for reconsideration. This is an admittedly subjective standard and, in practice, staff has broadly accepted petitions for reconsideration even if they do not fit within the criteria referenced. Staff would appreciate any public comment about the appropriate standard by which the function of denying the petition should be delegated.

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713

Oregon State Lottery
Chapter 177

Rule Caption: Increases amount available from set prize reserve amount from $25,000,000 to $40,000,000.

Date:                         Time:                        Location:

3-9-12                     2–2:30 p.m.         Oregon Lottery
                                                                           500 Airport Rd. SE
                                                                           Salem, OR

Hearing Officer: Larry Trott

Stat. Auth.: ORS 461

Other Auth.: OR Const. Art. XV, Sec. 4(4)

Stats. Implemented: ORS 461.210, 461.220, 461.230 & 461.250

Proposed Amendments: 177-085-0025, 177-085-0065

Last Date for Comment: 3-9-12, 2:30 p.m.

Summary: The Oregon Lottery has filed a Notice of Permanent Rulemaking Hearing and has filed temporary rules to amend the above referenced administrative rules for the Powerball® game.

      The proposed rulemaking and the temporary rules, increases the set prize reserve account from $25,000,000 to $40,000,000. The set prize reserve account is only used when the total of the set prizes awarded in a drawing exceeds the percentage of the prize pool allocated to the set prizes, and any amount allocated to the set prizes that was carried forward from previous draws.

      These changes are necessary to implement changes to the Powerball® game rules made by the national organization that administers the multi-state Powerball® game, and will be effective January 15, 2012.

Rules Coordinator: Mark W. Hohlt

Address: Oregon State Lottery, 500 Airport Rd. SE, Salem, OR 97301

Telephone: (503) 540-1417

 

Rule Caption: Clarifies amount of Match 5+0 prize with Megaplier® option and conduct of Megaplier® drawing.

Date:                         Time:                        Location:

4-16-12                  2–2:30 p.m.         Oregon Lottery
                                                                           500 Airport Rd. SE
                                                                           Salem, OR

Hearing Officer: Larry Trott

Stat. Auth.: ORS 461

Other Auth.: OR COnstit. Art. XV, Sec. 4(4)

Stats. Implemented: ORS 461.210, 461.220, 461.230 & 461.250

Proposed Amendments: 177-098-0110

Proposed Repeals: 177-098-0110(T)

Last Date for Comment: 4-16-12, 2:30 p.m.

Summary: The Oregon Lottery® has adopted temporary rules, and has initiated permanent rulemaking to clarify when the Match 5+0 prize option with the Megaplier® option, which normally pays $1 million, will be reduced by the same percentage as the Match 5+0 $250,000 prize is reduced.

      The rulemaking also clarifies that in the event the multiplier drawing does not occur prior to the Mega Millions® drawing, the multiplier number will be a 4.

      These changes are necessary to implement changes to the Mega Millions® game rules made by the national organization that administers the multi-state Mega Millions® game, and are effective immediately. When the permanent rule is adopted, the temporary rule will be repealed.

Rules Coordinator: Mark W. Hohlt

Address: Oregon State Lottery, 500 Airport Rd. SE, Salem, OR 97301

Telephone: (503) 540-1417

Oregon State Marine Board
Chapter 250

Rule Caption: Clarification to rule language for BUII Qualification and Training.

Stat. Auth.: ORS 830.110 & 830.505–830.550

Stats. Implemented: ORS 830.535

Proposed Amendments: 250-010-0440

Proposed Repeals: 250-010-0440(T)

Last Date for Comment: 2-29-12, 5 p.m.

Summary: This action will remove the reference of the Director’s authority in the Qualification and Training of Breath Test Equipment Operators rule. The authority remains with the Board.

Rules Coordinator: June LeTarte

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

Telephone: (503) 378-2617

Parks and Recreation Department
Chapter 736

Rule Caption: Amend rules governing non-traditional park use and special use permits.

Date:                         Time:                        Location:

2-21-12                  6 p.m.                       Champoeg State Heritage Area
                                                                           Visitor Center
                                                                           8239 Champoeg Rd. NE
                                                                           Aurora, OR

2-22-12                   6 p.m.                       City Hall City Council Chambers
                                                                           801 SW Hwy. 101
                                                                           Lincoln City, OR

2-23-12                   6 p.m.                       Bend Park & Recreation Office
                                                                           Riverbend Community Rm.
                                                                           799 SW Columbia St.
                                                                           Bend, OR

Hearing Officer: Richard Walkoski, Chris Havel

Stat. Auth.: ORS 390.124

Stats. Implemented: ORS 390.111, 390.121 & 390.124

Proposed Adoptions: 736-016-0012

Proposed Amendments: 736-016-0005, 736-016-0010, 736-016-0015, 736-016-0020,736-016-0023, 736-016-0025

Last Date for Comment: 2-29-12, 4 p.m.

Summary: Amends rules governing non-traditional use of state parks and ocean shores: adds a “definitions” section to the rule; clarifies when a special use permit is required; updates criteria that are used to evaluate applications; updates requirements placed on applicants; clarifies application procedure; aligns fees with legislatively approved fee structure. The rules have been revised after an initial public comment period in October 2011 which resulted in substantial changes. A rules advisory committee advised the department on the revisions. Public comments and additional public hearings have been scheduled.

      Persons attending these hearings must sign up to make oral comments within 30 minutes of the meeting start time. Written comments must be received by February 29, 2012.

Rules Coordinator: Vanessa DeMoe

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

Telephone: (503) 986-0719

Public Utility Commission
Chapter 860

Rule Caption: In the Matter of Adopting the 2012 Edition of the National Electrical Safety Code.

Stat. Auth.: ORS CH. 183, 756, 757 & 759

Stats. Implemented: ORS 757.035

Proposed Amendments: 860-024-0010

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

Summary: The proposed amendments to this rule adopt the latest edition of the National Electrical Safety Code (NESC) to stay up to date with current national standards and practices used in the construction, operation, and maintenance of electric supply lines and communications lines. Staying current with the national standards and practices is especially critical for electric and communications utilities and operators as well as contractors and consultants who work in more than one state. The American National Standards Institute approved the 2012 edition of the NESC on June 3, 2011. This 2012 edition becomes the new American National Standard across the nation for the construction, operation, and maintenance of electric supply lines and communication lines. Per ORS 183.332, state agencies should seek to retain and promote federal requirements and equivalent standards.

      The Commission encourages participants to file written comments as early as practicable in the proceedings so that other participants have the opportunity to consider and respond to the comments before the deadline. Please reference Docket No. AR 563 on comments and file them by e-mail to the Commission’s Filing Center at PUC.FilingCenter//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=17259

Rules Coordinator: Diane Davis

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

Telephone: (503) 378-4372

Secretary of State,
Corporation Division
Chapter 160

Rule Caption: Adjusts the dollar limit on joint and several liability of professional corporations due to inflation.

Stat. Auth.: ORS 58.187

Stats. Implemented: ORS 58.185 & 58.187

Proposed Amendments: 160-010-0400

Last Date for Comment: 2-21-12, Close of Business

Summary: As directed by ORS 58.187, this rule adjusts the dollar amount on joint and several liability of professional corporations due to inflation.

Rules Coordinator: Ginger Spotts

Address: Secretary of State, Corporation Division, 255 Capitol St. NE, Suite 151, Salem, OR 97310

Telephone: (503) 986-2333

 

Rule Caption: Changes to Farm Product and Agricultural Lien forms.

Stat. Auth.: ORS 80.106, 80.115 & 87.246.

Stats. Implemented: ORS 80.115 & 87.242

Proposed Adoptions: 160-050-0115

Proposed Amendments: 160-050-0200, 160-050-0210

Last Date for Comment: 2-21-12, Close of Business

Summary: These rules state the content required for EFS filings and includes a statement of lien attestation.

Rules Coordinator: Ginger Spotts

Address: Secretary of State, Corporation Division, 255 Capitol St. NE, Suite 151, Salem, OR 97310

Telephone: (503) 986-2333

 

Rule Caption: ABN amendment signature requirement, waiver of reinstatement limit for entities, and jurisdiction requirement for Conversions.

Stat. Auth.: ORS 648.125 & 56.022

Stats. Implemented: ORS 648.025, 60.654, 63.654, 65.654, 67.665, 70.440, 128.599, 554.307, 60.472, 62.607, 63.470, 67.342 & 70.505

Proposed Adoptions: 160-010-0030, 160-010-0450

Proposed Amendments: 160-010-0310

Last Date for Comment: 2-21-12, Close of Business

Summary: These rules update the signature requirement for filing the assumed business name amendment. These rules allow for a waiver of the 5 year limit for reinstatement on corporations, limited liability companies, and business trusts. In addition, these rules now require jurisdiction to be included when a domestic entity converts to a foreign business entity.

Rules Coordinator: Ginger Spotts

Address: Secretary of State, Corporation Division, 255 Capitol St. NE, Suite 151, Salem, OR 97310

Telephone: (503) 986-2333

 

 

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

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

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

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