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Oregon Bulletin

February 1, 2014

 

NOTICES OF PROPOSED RULEMAKING AND
PROPOSED RULEMAKING HEARINGS

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

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

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

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

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


Board of Examiners for Engineering and Land Surveying, Chapter 820

Rule Caption: To repeal temporary rules and to properly file permanent rules.

Stat. Auth.: ORS 672.255

Other Auth.: ORS 670.310

Stats. Implemented: ORS 672.002–672.325

Proposed Amendments: 820-001-0020, 820-001-0025, 820-010-0010, 820-010-0227, 820-010-0228, 820-010-0305, 820-010-0442, 820-010-0620, 820-010-0621

Proposed Repeals: 820-001-0020(T), 820-001-0025(T), 820-010-0010(T), 820-010-0227(T), 820-010-0228(T), 820-010-0305(T), 820-010-0442(T), 820-010-0620(T), 820-010-0621(T)

Last Date for Comment: 2-21-14, 12 p.m.

Summary: To repeal temporary rules related to public records requests, the Board’s contracting policies, digital signatures and final documents, registration and applications for registration, and to properly re-file all temporary rules as permanent rules.

Rules Coordinator: Mari Lopez

Address: Board of Examiners for Engineering and Land Surveying, 670 Hawthorne Ave. SE, Suite 220, Salem, OR 97301

Telephone: (503) 362-2666


Board of Nursing, Chapter 851

Rule Caption: To reflect statutory changes and Board decisions implementing those changes

Date:   Time:   Location:

2-20-14    9 a.m.   17938 SW Upper Boones Ferry Rd.      Portland, OR 97224

Hearing Officer: Kay Carnegie

Stat. Auth.: ORS 676.200

Stats. Implemented: ORS 676.200

Proposed Amendments: 851-070-0005, 851-070-0040, 851-070-0080, 851-070-0090 and 851-070-0100

Last Date for Comment: 2-20-14, 5 p.m.

Summary: The rules are revised to reflect statutory changes made during the 2013 legislative session, and subsequent decisions by the Board on implementing those changes. The proposed amendments:

   1. Update the definition of the Diagnostic and Statistical Manual (DSM) to reflect that the DSM is now in its fifth edition (“DSM 5”).

   2. Make clear that the Board does not authorize the program to approve or disapprove medications prescribed to a licensee for a documented medical condition.

   3. Make clear the Board does not authorize the program to approve, or modify treatment plans developed by an Independent third-party evaluator.

   4. Require Licensees with a mental health disorder to submit to random toxicology testing only when such testing is recommended by an Independent third-party evaluator.

   5. Reflect statutory language relating to civil commitments and program enrollment solely for mental health disorders.

Rules Coordinator: Peggy A. Lightfoot

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

Telephone: (971) 673-0638


Department of Community Colleges and Workforce Development, Chapter 589

Rule Caption: Allows timely payment of state allocation to community colleges providing contracted out-of-district (COD) services

Date:   Time:   Location:

2-25-14    9 a.m.   CCWD, Public Service Bldg.      255 Capitol St. NE, 3rd Flr.      Salem OR 97310

Hearing Officer: Linda Hutchins

Stat. Auth.: ORS 326.051, 341.015, 341.022, 341.317, 341.440, 341.525, 341.528, 341.626 & 341.665

Stats. Implemented: ORS 341.626

Proposed Amendments: 589-002-0120

Last Date for Comment: 2-25-14, Close of Business

Summary: Authority for distribution of the Community College Support Fund (CCSF) is granted by OAR 589-002-0120. This rule amendment allows the allocation provided to community college districts for contracted out-of-district (COD) programs to be paid in the same fiscal year as the year the COD services are provided.

Rules Coordinator: Linda Hutchins

Address: Department of Community Colleges and Workforce Development, Public Service Bldg., 255 Capitol St. NE, Salem, OR 97310

Telephone: (503) 947-2456


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

Rule Caption: Amendment of rules governing workers’ compensation medical billing and medical services

Date:   Time:   Location:

2-24-14    9 a.m.   Labor & Industries Bldg., Rm. F      350 Winter St. NE      Salem, OR

Hearing Officer: Fred Bruyns

Stat. Auth.: ORS 656.248, 656.252, 656.254 & 656.726(4)

Stats. Implemented: ORS 656, ORS 656.245, 656.248, 656.252 & 656.254

Proposed Adoptions: Rules in 436-009, 436-009-0023

Proposed Amendments: Rules in 436-009, 436-009-0001, 436-009-0004, 436-009-0005, 436-009-0008, 436-009-0010, 436-009-0018, 436-009-0020, 436-009-0025, 436-009-0030, 436-009-0035, 436-009-0040, 436-009-0060, 436-009-0080, 436-009-0090, 436-009-0110, 436-009-0998, 436-010-0005, 436-010-0230, 436-010-0240, 436-010-0270, 436-010-0280, 436-010-0290, 436-010-0330

Proposed Repeals: Rules in 436-009, 436-009-0002, 436-009-0003, 436-009-0006, 436-009-0015, 436-009-0050, 436-009-0070, 436-009-0095, 436-009-0114, 436-009-0115, 436-009-0120, 436-009-0125, 436-009-0130, 436-009-0135, 436-009-0140, 436-009-0145, 436-009-0155, 436-009-0160, 436-009-0165, 436-009-0170, 436-009-0175, 436-009-0177, 436-009-0180, 436-009-0185, 436-009-0200, 436-009-0205, 436-009-0206, 436-009-0207, 436-009-0210, 436-009-0215, 436-009-0220, 436-009-0225, 436-009-0230, 436-009-0235, 436-009-0240, 436-009-0245, 436-009-0255, 436-009-0260, 436-009-0265, 436-009-0270, 436-009-0275, 436-009-0285, 436-009-0290

Last Date for Comment: 2-27-14, Close of Business

Summary: The agency proposes to amend OAR 436-009, “Oregon Medical Fee and Payment Rules,” to:

   - Substantially revise and reorganize division 009, including deleting obsolete and otherwise unnecessary wording, and duplicating provisions found in other parts of OAR chapter 436, to make the rules more comprehensive and to facilitate consistent understanding;

   - Adopt updated medical fee schedules (Appendices B, C, D, and E) and resources for the payment of health care providers;

   - Adopt the National Council for Prescription Drug Programs (NCPDP) universal claim form for workers’ compensation/property casualty and the implementation guide;

   - Amend dispute resolution standards to be more consistent with OAR 436-010 (rules governing medical services);

   - Explain time frames when medical providers must switch from ICD-9-CM to ICD-10-CM codes to describe a worker’s medical condition;

   - Remove the requirement that any service not identifiable with a code number must be described by report (because all services billed must be accompanied by a report documenting the services billed);

   - Require that medical providers use the appropriate modifiers found in CPT® 2014, HCPCS’ level II national modifiers, or anesthesia modifiers, when applicable;

   - Specify billing requirements for modifier 22, involving medical services that require significantly greater effort than typically required, and require greater payment amounts for services codes with added modifier 22;

   - Provide consistent requirements for payment of “no-show” appointments for arbiter exams, director-required medical exams, independent medical exams, worker-requested medical exams, and closing exams;

   - Clarify that the health care provider’s license number and NPI are not required to be printed on providers’ chart notes;

   - Provide more latitude for the timing of mechanical muscle testing;

   - Provide that insurers may apply discounts to medical fees for all medical providers, including rural hospitals, other than medical service providers and clinics, if a written or verbal contract exists;

   - Clarify that the maximum allowable payment for Oregon hospitals that are not listed in Bulletin 290, which lists hospitals’ cost-to-charge ratios, is 80 percent of the amount billed;

   - Require that insurers pay ambulatory surgery centers separately for surgical implants when the cost of components of an implant adds up to $100 or more;

   - Describe how a worker may request advance payment for transportation and lodging necessary to attend a medical appointment;

   - Require that specific, legible information be given to workers to explain reimbursements of their out-of-pocket expenses;

   - Clarify that the time needed to obtain additional information is not counted in the 14 days allowed to reimburse a workers’ out-of-pocket expenses upon acceptance of the workers’ compensation claim;

   - Allow insurers and “medical providers” (not just “medical service providers”) to agree to send and receive payment information by email;

   - Increase the maximum allowable payments for four chiropractic manipulation CPT® codes: 98940, 98941, 98942, and 98943;

   - Clarify that the payment limitation of three separate CPT®-coded physical medicine and rehabilitation modalities and therapeutic procedures per day applies per provider (and therefore not per worker);

   - Clarify that prescription medications do not require prior approval even after the worker is medically stationary;

   - Specify billing requirements and time frames for interpreters to make them consistent with timeframes and processes applicable to other providers.

   Specify that an insurer may not reduce payment due to late billing by an interpreter if the bill is submitted within 12 months of the date of service;

   - Require insurers to pay interpreters within the same time frames as other medical providers;

   - Increase the hourly maximum payment rate for American sign language interpreters from $60 to $70 per hour (minimum); and

   - Require payment for interpreter services above one hour in 15-minute increments

   The agency proposes to amend OAR 436-010, “Medical Services,” to:

   - Establish a process for a health care provider to request an insurer’s pre-authorization for diagnostic studies, as well as a time frame for the insurer to respond; and

   - Reconcile conflicting requirements in OAR 436-010 and OAR 436-060 regarding work release notification.

Rules Coordinator: Fred Bruyns

Address: Department of Consumer and Business Services, Workers’ Compensation Division, PO Box 14480, Salem, OR 97309-0405

Telephone: (503) 947-7717


Rule Caption: Amendment of rule governing agency representation at certain types of hearings

Date:   Time:   Location:

2-24-14    9 a.m.   Labor & Industries Bldg., Rm. F      350 Winter St. NE      Salem, OR

Hearing Officer: Fred Bruyns

Stat. Auth.: ORS 183.452, 656.704 & 656.726(4)

Stats. Implemented: ORS 183.452 & 656.704

Proposed Amendments: 436-001-0030

Last Date for Comment: 2-27-14, Close of Business

Summary: The agency proposes to amend OAR 436-001, “Procedural Rules, Rulemaking, Hearings, and Attorney Fees,” to clarify the authority and limitations applicable to agency representatives at certain types of hearings.

Rules Coordinator: Fred Bruyns

Address: Department of Consumer and Business Services, Workers’ Compensation Division, PO Box 14480, Salem, OR 97309-0405

Telephone: (503) 947-7717


Department of Energy, Chapter 330

Rule Caption: Establish SELPAC appointment process, set term limits and create Oregon State Treasurer representative ex-officio member

Date:   Time:   Location:

2-25-14    10 a.m.   OR Dept. of Energy      625 Marion St. NE      Salem, OR 97301

Hearing Officer: Elizabeth Ross

Stat. Auth.: ORS 469.040 & 470.140

Stats. Implemented: ORS 470.050–470.815

Proposed Adoptions: 330-110-0012

Last Date for Comment: 2-26-14, 5 p.m.

Summary: The Oregon Department of Energy proposes draft rules for the Small Scale Local Energy Loan Program to formalize the Small Scale Local Energy Project Advisory Committee (SELPAC) recruitment and appointment process, set committee term limits and create an ex-officio seat for an Oregon State Treasurer representative. The draft rule proposes a formal recruitment announcement and process to seek potential members and reserves the right for the director to remove members upon missing a certain number of committee meetings or other causes. By statute, committee members may serve four-year terms. The rule proposes setting a two-term limit, allowing members to serve eight years in total. Lastly, the draft rule proposes creating an ex-officio seat on the committee occupied by a designated representative of the Oregon State Treasurer. The ex-officio member would be a non-voting member of the committee and may not be counted for establishing a quorum. The department requests public comment on these draft rules.

   A call-in number is available for the public hearing, please see website for details: http://www.oregon.gov/energy/pages/rulemaking-selp.aspx

Rules Coordinator: Kathy Stuttaford

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

Telephone: (503) 373-2127


Department of Environmental Quality, Chapter 340

Rule Caption: Amendments to Oregon Smoke Management Plan and the Oregon State Implementation Plan for Air Quality

Date:   Time:   Location:

2-25-14 6 p.m. La Grande Library 2006 4th St. La Grande, OR

2-26-14 6 p.m. DEQ Eastern Region Office 473 NE Bellevue Bend, OR

3-4-14 6 p.m. Lane Fire Authority 88050 Territorial Hwy. Veneta, OR

3-5-14 6 p.m. Jackson County Roads and Parks 200 Antelope Rd. White City, OR

3-6-14 6 p.m. CU Auditorium, OIT 3201 Campus Dr. Klamath Falls, OR

Hearing Officer: DEQ staff

Stat. Auth.: ORS 468.020 & 468A

Stats. Implemented: ORS 468A

Proposed Amendments: 340-200-0040

Last Date for Comment: 3-12-14, 5 p.m.

Summary: The Oregon Department of Forestry (ODF) and DEQ recently reviewed the Oregon Smoke Management Plan to evaluate the effectiveness of the smoke management program. As a result, ODF and DEQ are proposing changes to the plan under their respective authority:

   1. ODF is proposing amendments to their smoke management rules under OAR 629-048 and Operational Guidance for the Oregon Smoke Management Program, directive 1-4-1-601, which together comprise the plan.

   2. To incorporate ODF’s amendments into the federally approved Oregon Clean Air Act State Implementation Plan, DEQ proposes amending OAR 340-200-0040.

   ODF and DEQ review the Oregon Smoke Management Plan about every five years. For the most recent review, ODF convened the Smoke Management Review Committee that met eight times during 2012 and 2013. Committee recommendations are the basis for ODF’s proposed amendments to the Oregon Smoke Management Plan:

   1. Adopt additional voluntary provisions to provide greater visibility protection when burning near Crater Lake National Park and the Kalmiopsis Wilderness, both Oregon Class I areas. These provisions would help meet the federal Regional Haze Rule implemented under DEQ’s 2010 Oregon Regional Haze Plan.

   2. Adopt additional voluntary provisions to encourage greater use of alternatives to burning and emission reduction techniques.

   3. For Special Protection Zone requirements adopted in 1992 to provide extra smoke management protection during the winter months for communities that exceeded federal air quality health standards:

   a. Eliminate the La Grande Special Protection Zone. DEQ determined there is no longer a need for the La Grande Special Protection Zone (see below).

   b. Reduce the size of the Special Protection Zone boundary for the Medford area, based on local topography and meteorology, to reflect the Medford airshed. Inside the boundary, prescribed burning would continue to follow the daily green, yellow, and red woodstove restrictions. Outside the boundary, prescribed burning would be prioritized to reduce burning on “red” woodstove days by only allowing smaller burn units that are farther away from Medford.

   Both communities receive year-round smoke management protection under the plan. The Special Protection Zones ensure that any wintertime prescribed burning within 10-20 miles complies with local residential woodstove curtailment programs. In both communities, air quality levels have improved significantly and the communities now meet air standards. Around La Grande there is very little wintertime prescribed burning occurring. In the Medford area, there is considerably more burning in the winter, which justifies keeping the Special Protection Zone but changing to the boundary size, given the air quality improvements and burning prioritization noted above.

   4. Allow ODF, rather than DEQ, to regulate a very small amount of prescribed burning on forestlands currently outside forest protection districts. The proposed ODF rule amendment would manage this burning under an interagency agreement between ODF and DEQ subject to the same requirements for all prescribed burning under the plan.

   5. Require smoke monitoring for prescribed burns over 2000 tons in size following existing language in ODF guidance. This will allow the landowner the ability to cease lighting or burn a smaller amount if air quality conditions change.

   6. Other miscellaneous revisions to ODF rules including clarification to Special Protection Zone language, and flexibility to the 5-year time period for plan review to allow an earlier or later time, but not to exceed 10 years if ODF and DEQ mutually agree.

   Brief history:

   ODF operates a smoke management program for prescribed burning in Oregon to eliminate unwanted forest debris, restore forest health, and reduce the potential for major wildfires. Each year approximately 150,000 acres are burned in Oregon forests through the practice of prescribed burning. Smoke from this burning can occasionally pose a risk to public health and result in air quality levels exceeding the federal air quality standard for fine particulate matter also called PM2.5. Even brief exposures to smoke can cause health problems for persons with asthma, emphysema, congestive heart disease and other existing medical conditions. The elderly, pregnant women and young children are especially high-risk groups. Smoke from forest burning also affects visibility in national parks and wilderness areas, as well as general outdoor recreation activities.

   State law ORS 477.013 directs ODF to develop a smoke management plan for prescribed forestry burning in Oregon and to promulgate rules to carry out this plan. Consistent with the law, ODF developed the Oregon Smoke Management Plan, which consists of rules under OAR 629-048 and the Operational Guidance for the Oregon Smoke Management Program in directive 1-4-1-601. ODF implements the plan through a smoke management program for prescribed burning on federal, state and private forestland.

   Adopted as a regulatory program in 1972, the objective of the smoke management program is to maximize burning opportunities, reduce the risk of wildfire, and minimize smoke impacts on the public. Most of the larger cities and heavily populated areas in Oregon are designated as Smoke Sensitive Receptor Areas by ODF, and have greater restrictions on prescribed burning to prevent smoke intrusions. ODF’s smoke management office in Salem conducts daily weather forecasts to determine areas in the state suitable for forestry burning, then issues daily burning instructions for those areas, that include size limits in tons, how far apart to space the burning and distance from Smoke Sensitive Receptor Areas. The forest district level makes the actual decision on which units to burn based on the burning instructions. Each burn unit has a burn plan and pays burn fees. After burning, the district reports back to State Forestry in Salem on the burning accomplished.

   As directed under state law, ODF adopts all rules associated with the plan through their Board of Forestry. State law ORS 477.013 does provide DEQ with joint approval authority of the plan and cites the need to “meet the air quality objectives of the federal Clean Air Act”. To ensure prescribed burning meets the federal Clean Air Act, DEQ previously adopted the plan into the Oregon Clean Air Act State Implementation Plan as provided in DEQ rule OAR 340-200-0040, and any changes to the Oregon Smoke Management Plan require DEQ approval as a State of Oregon Clean Air Act Implementation Plan revision.

   ORS 477.552 states the need to “improve the management of prescribed burning as a forest management and protection practice” and to “minimize emissions from prescribed burning consistent with the air quality objectives of the federal Clean Air Act and the State of Oregon State Implementation Plan.” In order to improve the management of prescribed burning, every five years DEQ and ODF conduct a review of the plan to evaluate the effectiveness of the smoke management program. The last plan review was in 2007. Improvements included increasing the number of Smoke Sensitive Receptor Areas in the state. There are currently 23 Smoke Sensitive Receptor Areas that include both individual communities and larger urbanized areas, such as the entire Willamette Valley and Columbia River Gorge National Scenic Area.

   In addition to Smoke Sensitive Receptor Areas protection, there is also additional wintertime smoke management protection called “Special Protection Zones.” There is typically limited prescribed burning during the winter months. Winter is also when many communities experience high smoke levels typically from woodstoves. Currently, Special Protection Zone requirements apply to five communities: Klamath Falls, Lakeview, Oakridge, Medford and La Grande, which have a history of exceeding the federal health standard for particulate matter and rely heavily on wintertime residential woodstove curtailment programs to improve air quality. The Special Protection Zone requirements restrict prescribed burning within 10-20 miles on the “green”, “yellow” and “red” woodstove curtailment days. A red day means there can be no woodstove burning and no prescribed burning within the Special Protection Zone.

   As noted above, the proposed plan amendments would eliminate the La Grande Special Protection Zone and reduce the size of the Medford Special Protection Zone. DEQ supports these changes, for the reasons cited.

Rules Coordinator: Maggie Vandehey

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

Telephone: (503) 229-6878


Department of Fish and Wildlife, Chapter 635

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

Date:   Time:   Location:

3-7-14    8 a.m.   4034 Fairview Industrial Dr. SE      Salem, OR 97302

Hearing Officer: Oregon Fish & Wildlife Commission

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

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

Proposed Amendments: Rules in 635-055

Last Date for Comment: 3-7-14, 8 a.m.

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

Rules Coordinator: Therese Kucera

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

Telephone: (503) 947-6033


Rule Caption: Amend wildlife integrity rules to classify species as non-controlled or prohibited

Date:   Time:   Location:

3-7-14    8 a.m.   4034 Fairview Industrial Dr. SE      Salem, OR 97302

Hearing Officer: Oregon Fish & Wildlife Commission

Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242

Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242

Proposed Amendments: Rules in 635-056

Last Date for Comment: 3-7-14, 8 a.m.

Summary: Amendments are being proposed to the wildlife integrity rules which involve adding six species to the noncontrolled classification and three species to the prohibited classification as well as minor amendments to the reclassification request process.

Rules Coordinator: Therese Kucera

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

Telephone: (503) 947-6033


Department of Forestry, Chapter 629

Rule Caption: Defining Special Forest Products and Firewood Permitting on State Forest Lands

Date:   Time:   Location:

3-4-14    6 p.m.   Oregon Dept. of Forestry      3150 Main St.      Springfield, OR 97478

3-18-14   6 p.m.   Oregon Dept. of Forestry      2600 State St.      Salem, OR 97310

Hearing Officer: Staff

Stat. Auth.: ORS 164.813

Other Auth.: ORS 526 & 530

Stats. Implemented: ORS 164.813 & 164.814

Proposed Adoptions: 629-028-0002, 629-028-0003, 629-028-0004

Proposed Amendments: 629-028-0015, 629-028-0020, 629-028-0025

Proposed Ren. & Amends: 629-028-0005 to 629-028-0001

Last Date for Comment: 4-1-14, 5 p.m.

Summary: The Oregon Department of Forestry (ODF) has initiated permanent rulemaking for the above administrative rules adopted under the Forest Practices Act (FPA). The primary rule change within this rulemaking process is reflected in Oregon Administrative Rule (OAR) 629-028-0005 Definitions, where the rule number will be renumbered and amended to include the definition of special forest products. These proposed rule amendments also include the process someone would need to follow to add or delete products from the definition. In 2013, House Bill (HB) 2615 passed, allowing the State Forester, acting under the authority of the Oregon Board of Forestry (BOF), to define special forest products in rule, which will include the change in identifying mushrooms and truffles as “wild, edible fungi”. An emergency was declared under the HB requiring ODF to modify forms available for private landowners to use when allowing others permission to harvest special forest products on their land. The rules require revision prior to July 1, 2014 to meet requirements in the amended statute ORS 164.813.

   Review of this proposed rulemaking package may be accessed on the Department’s web page at: http://www.oregon.gov/odf/Pages/lawsrules.aspx#Proposed_Rules or at the office of the State Forester, and are available upon request. Associated supporting materials presented at the November 2013 Board of Forestry meeting are available online. They may be accessed through the Board of Forestry website: www.oregonforestry.gov.

   Two public information meetings regarding the bill and the rulemaking process will be held at ODF offices in Forest Grove and Salem in February 2014. Two formal hearings will be held at ODF offices in March 2014: March 4th in Springfield at 6:00 p.m. (3150 Main Street) and March 18th in Salem at 6:00 p.m. (2600 State Street). Notice of the meetings and hearings will be promoted via flyers, email, media releases, and our website prior to the meeting dates.

   Written comments must be received by 5:00 p.m. on April 1st, 2014. Submissions should be addressed to:

   Private Forest HB 2615 Rulemaking, Oregon Department of Forestry, 2600 State Street, OR 97310; or send to ODFPFComments@odf.state.or.us, or via fax 503-945-7490.

   Comments received by 5:00 p.m. on April 1st, 2014, will be compiled and incorporated into information presented to the Board of Forestry for their review. From this information and the prior work with this rulemaking process, the Board of Forestry will decide whether to approve this proposed rulemaking package. The Department is planning to present this information at the June Board of Forestry meeting. The Department will propose an effective date for these rules which will be announced in the Secretary of State’s Oregon Bulletin if the Board gives approval.

Rules Coordinator: Sabrina Perez

Address: Department of Forestry, 2600 State St., Salem, OR 97310

Telephone: (503) 945-7210


Rule Caption: Oregon Smoke Management Plan Revision and Update

Date:   Time:   Location:

2-25-14 6 p.m. La Grande Library 2006 4th St. La Grande, OR 97850

3-4-14 6 p.m. Lane Fire Authority 88050 Territorial Hwy. Veneta, OR 97487

3-5-14 6 p.m. Jackson Co. Roads and Parks 200 Antelope Rd. White City, OR 97503

3-6-14 6 p.m. CU Auditorium, OIT 3201 Campus Dr. Klamath Falls, OR 97601

Hearing Officer: Mark Jacques, Bob Young

Stat. Auth.: ORS 477.013 & 477.562

Other Auth.: ORS 526.016 & 526.041

Stats. Implemented: ORS 477.013, 477.515 & 477.552–477.562

Proposed Amendments: 629-048-0001, 629-048-0005, 629-048-0130, 629-048-0200, 629-048-0210, 629-048-0230, 629-048-0310, 629-048-0450, 629-048-0500

Last Date for Comment: 3-12-14, 5 p.m.

Summary: This rule and the Smoke Management Plan is administered to manage prescribed burning on private, federal and other public land to protect air quality and maintain forest productivity and health. Changes to the rule include some housekeeping measures such as updating and adding new definitions, adding reference material related to burning alternatives, and adding another rule reference for smoke management compliance; fixing some inadvertent changes made during the last review such as regulating prescribed burning outside district boundaries, including a five-year review of the entire plan, and moving back burn plan deadlines to the day of the burn; and minor changes such as adding monitoring to large tonnage burns and clarifying fees for multiple burn types.

   Review of this proposed rulemaking package may be accessed on the Department’s web page at: http://www.oregon.gov/ODF/Pages/lawsrules.aspx#Proposed_Rules or at the office of the State Forester, and are available upon request.

   Written comments must be received by 5:00 p.m., March 12, 2014. Submissions should be addressed to Sabrina Perez, Rules Coordinator, Oregon Department of Forestry, 2600 State Street, Salem, OR 97310, sent via email to sabrina.perez@state.or.us, or via fax to 503-945-7212.

Rules Coordinator: Sabrina Perez

Address: Department of Forestry, 2600 State St., Salem, OR 97310

Telephone: (503) 945-7210


Department of Human Services, Self-Sufficiency Programs, Chapter 461

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

Date:   Time:   Location:

3-5-14    10 a.m.   500 Summer St. NE, Rm. 254      Salem, OR

Hearing Officer: Annette Tesch

Stat. Auth.: ORS 409.050, 411.060, 411.070, 411.095, 411.101, 411.103, 411.404, 411.408, 411.660, 411.706, 411.816, 411.892, 412.006, 412.014, 412.049, 412.124, 414.231, HB 2089 (2013, Sec. 10)

Other Auth.: 7 CFR 273.16(e), 42 CFR 441.102, P.L. 92-336, Federal Affordable Care Act (ACA)

Stats. Implemented: ORS 183.417, 409.010, 409.610, 411.060, 411.070, 411.095, 411.101, 411.103, 411.111, 411.117, 411.404, 411.408, 411.439, 411.443, 411.445, 411.620, 411.630, 411.635, 411.640, 411.660, 411.706, 411.690, 411.816, 411.840, 411.892, 412.001, 412.006, 412.009, 412.014, 412.049, 412.069, 412.124, 414.231, 414.426, 414.440, 416.350

Proposed Amendments: 461-001-0000, 461-025-0310, 461-025-0316, 461-135-0505, 461-135-0750, 461-135-0950, 461-145-0280, 461-155-0150, 461-155-0290, 461-155-0291, 461-155-0295, 461-175-0230, 461-195-0501, 461-195-0521, 461-195-0541, 461-195-0561

Proposed Repeals: 461-001-0000(T), 461-135-0505(T), 461-145-0280(T), 461-195-0501(T), 461-195-0521(T), 461-195-0541(T), 461-195-0561(T)

Last Date for Comment: 3-6-14, 5 p.m.

Summary: OAR 461-001-0000 about definitions used in various DHS program rules is being amended to revise the definitions of “legally married”, “marriage”, “parent”, and “spouse” so that the Department recognizes as being legally married those same-sex couples who have been united in marriage according to the law of the state or country in which the marriage occurred. The definitions of “legally married” and “spouse” are also being updated and clarified for the ERDC and SNAP programs to prevent unnecessary training in the context of this change.

   OAR 461-025-0310 about hearing requests is being amended as part of the implementation of the federal Affordable Care Act and HB 2859 to address the statutory changes to the definition of “public assistance”, and align the time periods for DHS medical programs with OHA OCCS medical programs, establishing 90 days to request a hearing, a good cause window, and allowing oral hearing requests. This amendment makes permanent a temporary rule change effective October 2, 2013.

   OAR 461-025-0316 about Intentional Program Violation (IPV) Hearings for the SNAP Program is being amended to state that if the signature on the hearing waiver was obtained by fraud, the individual may obtain an IPV hearing on the merits. This rule is also being amended to state that the hearing may be conducted without the individual if the notice of hearing was sent using first class and returned as undeliverable; and to revise the policy about when an individual who misses the IPV hearing may obtain a hearing on the merits.

   OAR 461-135-0505 about categorical eligibility for the Supplemental Nutrition Assistance Program (SNAP) is being amended make permanent a temporary rule change effective January 1, 2014 that implemented a $25,000 liquid asset test for some households to be determined categorically eligible. Liquid assets are assets that are easily accessible like a bank account or cash on hand. The asset test does not include currently excluded resources for the SNAP program such as a person’s home, retirement accounts, or earned income tax refunds. The intent of the policy change is to identify individuals with large windfalls such as a lottery winning that exceeds $25,000 in order to exclude them from receiving SNAP benefits and focus benefits on individuals who need them.

   OAR 461-135-0750 about the eligibility of individuals in long-term care or home and community-based care for the OSIPM program is being amended to indicate that individuals in a psychiatric institution do not need to qualify for DHS APD long term care services to qualify for Medicaid reimbursement while they are in the State Hospital. This rule is also being amended to clarify current policy which applies this rule to individuals applying for and receiving long-term care services.

   OAR 461-135-0950 about eligibility for inmates and residents of state hospitals is being amended to correctly state the requirements to determine eligibility for an individual in the State Hospital by expanding Medicaid eligibility.

   OAR 461-145-0280 about the treatment of in-kind income in determining eligibility for several DHS programs is being amended to make permanent temporary rule changes effective January 1, 2014 that remove the rule’s coverage of the EXT, MAA, MAF, OHP, and SAC programs. The policies about financial eligibility for medical assistance have been moved from OAR 461 (DHS) into the OAR 410-200 (under OHA), and as part of the implementation efforts for the federal Affordable Care Act (ACA). For applications for medical assistance starting on October 1, 2013, financial eligibility policies are set out in OAR 410-200.

   OAR 461-155-0150 about the child care eligibility standard, payment rates, and copayments is being amended to make permanent temporary rule changes effective October 1, 2013 and November 1, 2013 that increased child care provider rates and updated child age categories definitions. These amendments updated references to the Child Care Division to state the office’s new name as the Oregon Office of Child Care; updated the Infant age category for licensed providers and the provider rates for Registered Family and Certified Family care providers as determined by the Final Memorandum of Agreement with the AFSCME provider union; updated the provider rates for Standard and Enhanced Family care providers as determined through SEIU provider bargaining agreements; supported provider rate increases for Standard, Enhanced and Certified child care centers; and stated that providers are not reimbursed more than they charge.

   OAR 461-155-0290 about income standards for QMB-BAS, OAR 461-155-0291 about income standards for QMB-DW, and OAR 461-155-0295 about income standards for QMB-SMB and QMB-SMF are being amended to adjust these standards to reflect the annual updates to the federal poverty level that will occur March of 2014. These amendments keep Oregon aligned with current federal standards for Department Medicaid programs and changes in the federal poverty level.

   OAR 461-175-0230 about notices sent to clients in nonstandard living situations is being amended to set the policy for the type of notice needed when ending Medicaid benefits for a person who has been committed to an institution. This amendment establishes that a basic decision notice is sent to terminate, suspend, or reduce Medicaid benefits in this situation

   OAR 461-195-0501, 461-195, 0521, 461-195-0541, 461-195-0561 about overpayment definitions, calculations, liability, and compromise of claims are being amended to align with the October 1, 2013 rule changes to the OCCS Medical programs for the Oregon Health Authority. OAR 461-195 0501 is also being amended to state the Department’s overpayment minimum threshold practices below which the Department does not pursue overpayments. This rule amendment supersedes prior statements on this topic in the Family Services Manual and states that there are no minimums in the SNAP program, if the overpayment was identified in a quality control review; in all programs, if the overpayment was caused by a client’s receipt of continuing benefits in a contested case; and in all programs, if the overpayment caused by possible fraud by a client or provider.

   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 6, 2014 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–Self-Sufficiency Programs, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The Department provides the same consideration to written comment as it does to any oral or written testimony provided at the public hearing.

Rules Coordinator: Annette Tesch

Address: Department of Human Services, Self-Sufficiency Programs, 500 Summer St. NE, E-48, Salem, OR 97301

Telephone: (503) 945-6067


Department of Justice, Chapter 137

Rule Caption: Updating cite references and correcting errors in miscellaneous rules.

Stat. Auth.: ORS 25.080, 25.729, 180.345 & 416.455

Stats. Implemented: ORS 18.228, 25.020, 25.080, 25.164, 25.167, 110.327, 110.333, 416.407, 416.416, 416.422, 416.425 & 416.440

Proposed Amendments: 137-055-1100, 137-055-3300, 137-055-3360, 137-055-3435, 137-055-3500, 137-055-3660, 137-055- 5510, 137-055-6120, 137-055-7180

Last Date for Comment: 3-21-14, 5 p.m.

Summary: The following rules are being amended to update cite references and correct typos and grammatical errors: OAR 137-055-1100, OAR 137-055-3360, OAR 137-055-3500, OAR 137-055-3660, OAR 137-055-5510 and OAR 137-055-6120

   OAR 137-055-3300 is being amended to clarify that an incarcerated obligor is not precluded from requesting either periodic review or change of circumstance modification at any time.

   OAR 137-055-3435 is being amended to clarify that a parent may contest whether there has been a change in physical custody and the time during which the change occurred, as provided in the other parent’s change of custody affidavit.

   OAR 137-055-7180 is being amended to clarify that a Determination of Controlling Order must be filed in court within 30 days of its issuance.

   Please submit written comments by 5:00 p.m. Friday, March 21, 2014, to Lori Woltring, Policy Analyst, Division of Child Support, 1162 Court St. NE Salem, Oregon 97301. Questions may be directed to that address or you may call (503) 947-4367

Rules Coordinator: Carol Riches

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

Telephone: (503) 947-4700


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

Rule Caption: Updates and clarifies rules regarding the acceptance and verification of information submitted by electronic means

Stat. Auth.: ORS 184.616, 184.619, 802.010, 802.012, 803.460 & 2013 OL Ch. 647,

Stats. Implemented: ORS 802.012, 802.560, 803.200, 803.220, 803.360, 803.370, 803.450, 803.460, 807.420, 807.560 & 2013 OL Ch. 647

Proposed Amendments: 735-018-0010, 735-018-0020, 735-018-0050, 735-018-0070, 735-018-0080

Last Date for Comment: 2-21-14, Close of Business

Summary: The Oregon Attorney General encourages state agencies to periodically review all agency rules. The review should ensure the rules have the intended effect, continue to be necessary, if the agency correctly estimated the fiscal impact and if subsequent law changes require a change in the rule.

   DMV recently completed a review of OAR chapter 735, Division 18 (Acceptance and Verification of Information Submitted by Electronic Means). DMV concluded the rules comply with the factors described above. However, DMV is updating the rules to add definitions and to make other non-substantive changes to make terms consistent and improve readability.

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

Rules Coordinator: Lauri Kunze

Address: Department of Transportation, Driver and Motor Vehicle Services Division, 355 Capitol St. NE, MS 51, Salem, OR 97301

Telephone: (503) 986-3171


Employment Department, Chapter 471

Rule Caption: Automated Job Listings

Stat. Auth.: ORS 657.610

Stats. Implemented: ORS 657

Proposed Amendments: 471-020-0010, 471-020-0035

Last Date for Comment: 2-25-14, 5 p.m.

Summary: Update restrictions on Employment Department job listings to provide a richer job listing service to customers, while working in conjunction with partner staff and staying in compliance with all applicable state and federal regulations.

Rules Coordinator: Courtney Brooks

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

Telephone: (503) 947-1724


Oregon Business Development Department, Chapter 123

Rule Caption: These rule amendments relate to the methodology used to determine distressed areas.

Stat. Auth.: ORS 285A.075

Stats. Implemented: ORS 285A.075, ORS 285A.020, 285B.062, 285B.065

Proposed Amendments: Rules in 123-024

Last Date for Comment: 2-21-14, Close of Business

Summary: Amendments have been made to the Distressed Areas methodology as it pertains to determining whether or not a city in a non-distressed county ought to be considered distressed. The four variables in 123-024-0031(2) remain unchanged, but the way that thresholds for all four variables are calculated will change from a method based on quartiles to a simpler method based on statewide averages. This change is being done because the existing methodology based on quartiles was resulting in thresholds that were too low to be considered distressed. The changes also make the methodology more simple and easy to understand.

   In 123-024-0031(1)(a), is amended to fix a mistake in the wording of the Distressed Areas methodology as it pertains to determining whether or not a county ought to be considered distressed. This will have no effect on how counties are determined to be distressed.

Rules Coordinator: Mindee Sublette

Address: Oregon Business Development Department, 775 Summer St. NE, Suite 200, Salem, OR 97301

Telephone: (503) 986-0036


Rule Caption: This rule amendment relates to the procedures for contracts entered into with the department.

Stat. Auth.: ORS 285A.075

Stats. Implemented: ORS 285A.075 & 279A.070

Proposed Amendments: 123-006-0035

Last Date for Comment: 2-21-14, Close of Business

Summary: The 2013 Legislature passed HB 2212 which amended the small business threshold to $10,000 and permitting amendments to $12,500. The amendment to 123-006-0035 reflects these changes.

Rules Coordinator: Mindee Sublette

Address: Oregon Business Development Department, 775 Summer St. NE, Suite 200, Salem, OR 97301

Telephone: (503) 986-0036


Rule Caption: This rule amendments relates to the Port Planning and Marketing Fund.

Stat. Auth.: ORS 285A.075(5)

Stats. Implemented: ORS 285A.654–285A.660

Proposed Amendments: 123-025

Last Date for Comment: 2-21-14, Close of Business

Summary: Before final payment can be disbursed for a grant award from the Port Planning and Marketing Fund, the Peer Review Committee reviews the project deliverables. Currently ten percent of the grant award is withheld until the committee makes their final recommendations. The department is changing the language from ten percent being withheld to the final disbursement will be withheld.

Rules Coordinator: Mindee Sublette

Address: Oregon Business Development Department, 775 Summer St. NE, Suite 200, Salem, OR 97301

Telephone: (503) 986-0036


Oregon Health Authority, Chapter 943

Rule Caption: Standards for Race Ethnicity Preferred Spoken Signed and Written Language and Disability Status Data Collection

Date:   Time:   Location:

2-24-14    9 a.m.   421 SW Oak St., Suite 750      Lincoln Building       1st Floor, Pine Rm.      Portland, OR 97204

Hearing Officer: Keely West

Stat. Auth.: ORS 413.042 & 413.161

Stats. Implemented: ORS 413.161

Proposed Adoptions: 943-070-0000, 943-070-0010, 943-070-0020, 943-070-0030, 943-070-0040, 943-070-0050, 943-070-0060, 943-070-0070

Last Date for Comment: 2-26-14, 5 p.m.

Summary: The Oregon Health Authority (Authority), Office of Equity and Inclusion is proposing to adopt Oregon Administrative Rules in chapter 943, division 70 relating to the standardization of demographic data categories collected by the Authority, the Department of Human Services, and agency contractors.

   In HB 2134, the Legislature required the Authority to convene an advisory group and develop rules to standardize the collection of demographic information related to race, ethnicity, written, signed or spoken language and disability status.

   The proposed rules provide for the standardization of response options when demographic data is being collected and the creation of implementing policies, procedures and training within the agencies.

   Implementation of the rules will improve the ability of the Authority, Department, community stakeholders, elected officials, and other decision makers to recognize, address, target and eliminate inequities experienced by distinct racial, cultural, and linguistic communities, and by people with disabilities. Based on local, state, and national best practices, these standards allow the Authority and Department to meet federal reporting expectations; compare Oregon’s progress with national trends; improve quality service delivery; and ensure equitable allocation of resources.

Rules Coordinator: Keely L. West

Address: Oregon Health Authority, 500 Summer St. NE, E-20, Salem, OR 97301

Telephone: (503) 945-6292


Oregon Health Authority, Division of Medical Assistance Programs, Chapter 410

Rule Caption: Immunization, Vaccines for Children and Immune Glogulins Rule Rewritten Clarifying Language and Removing Table

Date:   Time:   Location:

2-18-14    10:30 a.m.   500 Summer St. NE,       Conference Rm.137B      Salem, OR 97301

Hearing Officer: Sandy Cafourek

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 414.025 & 414.065

Proposed Amendments: 410-130-0255

Last Date for Comment: 2-20-14, 5 p.m.

Summary: Immunizations and immune glogulins are covered by OHP. This rule explains how providers are reimbursed for administering these services. It addresses billing for providers that are participating in the state’s Vaccines for Children (VFC) program, a program that provides vaccine serum at no cost to the medical professional. Providers that participate in the VFC program are reimbursed for their time. Providers not participating in the program are reimbursed for both their time and the expense of obtaining serums. The current revision is to improve readability and the phrase “religious exemption” needed to be replaced with “non-medical exemption” to conform to recent statutory changes. Additionally a table of medical codes included in the rule was problematic because it needed frequent updating. Having the codes in rule necessitated formal rule changes for even minor change to the medical code set. The revised rule will remove the table and instead include a link to the code set that will be easier to maintain.

Rules Coordinator: Sandy Cafourek

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

Telephone: (503) 945-6430


Rule Caption: Eligibility Requirements for the Authority’s Office of Client and Community Services Medical Programs

Date:   Time:   Location:

2-18-14    10:30 a.m.   500 Summer St. NE, Rm. 137B      Salem, OR 97301

Hearing Officer: Sandy Cafourek

Stat. Auth.: ORS 411.402, 411.404, 413.042 & 414.534

Other Auth.: 42 CFR: 435.110, 435.112, 435.115, 435.116, 435.118, 435.403, 435.940, 435.1200, 457.80, 457.340, 458.350, 435.3, 435.4, 435.406, 435.407, 435.940, 435.952, 435.956, 435.1008, 457.320, 457.380, 435.940, 435.956, 435.406, 457.380, 435.117, 435.170, 435.190, 435.916, 435.917, 435.926, 435.952, 435.1200, 435.1205, 447.56, 457.340, 457.350, 457.360, 457.805, 433.145, 433.147, 433.148, 433.146, 435.610, 435.115, 435.403, 435.1200, 457.80, 457.340, 458.350, 435.119, 435.222, 435.118, 433.138, 433.147, 433.148,435.602 & 435.608

Stats. Implemented: ORS 411.060, 411.095, 411.400, 411.402, 411.404, 411.406, 411.439, 411.443, 413.032, 413.038, 414.025, 414.231, 414.440, 414.534, 414.536 & 414.706

Proposed Adoptions: 410-200-0010, 410-200-0015, 410-200-0100, 410-200-0105, 410-200-0110, 410-200-0111, 410-200-0115, 410-200-0120, 410-200-0125, 410-200-0130, 410-200-0135, 410-200-0140, 410-200-0145, 410-200-0146, 410-200-0200, 410-200-0205, 410-200-0210, 410-200-0215, 410-200-0220, 410-200-0225, 410-200-0230, 410-200-0235, 410-200-0240, 410-200-0305, 410-200-0310, 410-200-0315, 410-200-0400, 410-200-0405, 410-200-0410, 410-200-0415, 410-200-0420, 410-200-0425, 410-200-0435, 410-200-0440, 410-200-0500, 410-200-0505, 410-200-0510

Proposed Repeals: 410-200-0515(T), 410-200-0406(T)

Last Date for Comment: 2-20-14, 5 p.m.

Summary: With passage of the Affordable Care Act (ACA), Medicaid and CHIP eligibility methodologies are mandated to be changed January 1, 2014 to use Modified Adjusted Gross Income (MAGI) methodologies. Oregon was approved for early implementation of the MAGI income and eligibility methodologies, an option provided by CMS to the states. These rules were adopted and effective on October 1, 2013 to explain the new household groups, whose income must be counted, and what income is considered in determining medical eligibility, time frames for determining medical eligibility, hearing processes, and processes for coordination when an individual must be referred to Cover Oregon.

   Additional provisions of the ACA require that the above referenced rules be updated to reflect new policy effective January 1, 2014.

Rules Coordinator: Sandy Cafourek

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

Telephone: (503) 945-6430


Rule Caption: Amends Modifications Based on Client Circumstances to Medical Transportation for Recipients of Medical Assistance Programs

Date:   Time:   Location:

2-18-14    10:30 a.m.   500 Summer St. NE, Rm. 137B      Salem, OR 97301

Hearing Officer: Sandy Cafourek

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 413.042

Proposed Amendments: 410-136-3260

Last Date for Comment: 2-20-14, 5 p.m.

Summary: The temporary rule will align Oregon rules with federal regulations regarding providing non-emergent medical transportation.

Rules Coordinator: Sandy Cafourek

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

Telephone: (503) 945-6430


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

Rule Caption: Amendment of Ambulatory Surgical Reporting relating to fee collection

Date:   Time:   Location:

2-19-14    1 p.m.   General Services Bldg.      1225 Ferry St. SE       Silver Butte Rm.      Salem, OR 97301

Hearing Officer: Zarie Haverkate

Stat. Auth.: ORS 442.120

Stats. Implemented: ORS 442.120

Proposed Amendments: 409-022-0050

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

Summary: The proposed rule is being amended to allow health care facilities that report ambulatory surgical data per ORS 442.120 to calculate costs and submit fees on a biannual, rather than quarterly, basis.

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: Repeal of Safety Net Capacity Grant Program Rule

Stat. Auth.: ORS 413.225

Stats. Implemented: ORS 413.225 & 414.231

Proposed Repeals: 409-110-0000, 409-110-0005, 409-110-0010, 409-110-0015, 409-110-0020

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

Summary: The Office for Oregon Health Policy and Research is seeking to repeal rules relating to the Safety Net Capacity Grant Program as the grant program has ended.

   A copy of the rule is available on OHPR’s website at: http://www.oregon.gov/OHA/OHPR/pages/rulemaking/index.aspx

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: Criteria for eligibility of school-based health center funding and grant awards

Date:   Time:   Location:

3-12-14    10 a.m.   Portland State Office Bldg.      800 NE Oregon St., Rm. 810      Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 413.225

Stats. Implemented: 2013 OL Ch. 683 & 413.225

Proposed Adoptions: 333-028-0260, 333-028-0270, 333-028-0280

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

Summary: The Oregon Health Authority, Public Health Division is proposing to adopt permanent rules pertaining to the criteria for continuation funding for certified school-based health centers (SBHCs), awarding grants to communities planning for certified SBHCs, and incentive funding to: (1) increase the number of SBHCs as patient-centered primary care homes; (2) improve the coordination of care of patients served by coordinated care organizations and school-based health centers; and (3) improve the effectiveness of the delivery of health services through school-based health centers to children who qualify for medical assistance as mandated by the passage of House Bill 2445 by the 2013 Legislature. The proposed rules are intended to fulfill the mandates by prescribing the criteria for eligibility of funding and grant awards.

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: Update newborn screening program rules and fees including addition of severe combined immunodeficiencies (SCID)

Stat. Auth.: ORS 431.180, 431.310, 433.285 & 433.290

Stats. Implemented: ORS 431.310, 433.285, 433.290 & 433.295

Proposed Amendments: 333-024-0205, 333-024-0210, 333-024-0215, 333-024-0220, 333-024-0225, 333-024-0230, 333-024-0231, 333-024-0232, 333-024-0235, 333-024-0240

Last Date for Comment: 3-10-14, 5 p.m.

Summary: The Oregon Health Authority, Public Health Division, Oregon State Public Health Laboratory is proposing to permanently amend administrative rules in chapter 333, division 24. The proposed amendments will: update newborn screening program rules regarding definitions, congenital disorders tested for and methods of testing, timing of specimen collection and requirements for fee exemption; add severe combined immunodeficiencies (SCID) to the screening panel no later than May 1, 2014; and increase the newborn screening kit fee effective May 1, 2014.

Rules Coordinator: Brittany Sande

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

Telephone: (971) 673-1291


Oregon Liquor Control Commission, Chapter 845

Rule Caption: Creates distinct licensing qualification and operating standards for outdoor areas not abutting a licensed premises.

Date:   Time:   Location:

2-27-14    10 a.m.   9079 SE McLoughlin Blvd.      Portland, OR 97222

Hearing Officer: Annabelle Henry

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

Stats. Implemented: ORS 471.001, 471.030(1), 471.313(1) & 471.315(1)(d)

Proposed Adoptions: 845-005-0329, 845-006-0309

Proposed Amendments: 845-005-0331

Last Date for Comment: 3-13-14, 5 p.m.

Summary: Proposed new rule OAR 845-005-0329 establishes licensing qualification standards for outdoor areas that do not abut applicant’s or licensee’s previously licensed building or other similarly enclosed structure (i.e., food carts). This rule is designed to operate in conjunction with proposed new rule OAR 845-006-0309, which establishes operating requirements for outdoor areas that do not abut applicant’s or licensee’s previously licensed building or other similarly enclosed structure (i.e., food carts).

   Existing rule OAR 845-005-0331 currently establishes licensing qualification standards that apply to all exterior areas. The proposed amendments clarify that going forward, this rule will only apply to outdoor areas that abut an applicant’s or licensee’s previously licensed building (i.e., patios and sidewalk cafes). The proposed amendments do not substantively change the qualification or operating standards that currently apply to these outdoor areas (i.e., patios and sidewalk cafes).

Rules Coordinator: Annabelle Henry

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

Telephone: (503) 872-5004


Oregon Medical Board, Chapter 847

Rule Caption: Authorizes Executive Director and Medical Director to approve Consent Agreements for re-entry

Stat. Auth.: ORS 677.265 & 677.235

Stats. Implemented: ORS 677.100, 677.175, 677.265, 677.512, 677.759 & 677.825

Proposed Adoptions: 847-001-0045

Proposed Amendments: 847-008-0003, 847-020-0183, 847-050-0043, 847-070-0045, 847-080-0021

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

Summary: The proposed new rule and amendments delegate authority to the Executive Director and Medical Director to review and approve the terms and conditions in a Consent Agreement for re-entry to practice. The Applicant may be granted a license once the Consent Agreement is signed by the Executive Director or Medical Director.

Rules Coordinator: Kimberly Fisher

Address: Oregon Medical Board, 1500 SW 1st Ave., Suite 620, Portland, OR 97201

Telephone: (971) 673-2667


Rule Caption: Decreases Data Order fees, changes license name, and deletes references to license no longer offered

Stat. Auth.: ORS 181.534, 431.972, 676.410, 677.265 & 677.290

Stats. Implemented: ORS 181.534, 192.440, 431.972, 676.410, 677.265 & 677.290

Proposed Amendments: 847-005-0005

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

Summary: The proposed rule amendment decreases the Data Order Charges fees to accurately reflect the current costs in fulfilling the request. The proposed rule amendment also deletes references to Limited License, Special as this license is no longer available and updates the title of Limited License, Postgraduate to Limited License, Pending Examination for Division 50 (Physician Assistants) and Division 70 (Acupuncturists).

Rules Coordinator: Kimberly Fisher

Address: Oregon Medical Board, 1500 SW 1st Ave., Suite 620, Portland, OR 97201

Telephone: (971) 673-2667


Oregon Patient Safety Commission, Chapter 325

Rule Caption: Updates the Oregon Patient Safety Commission’s 2013–2015 biennial budget by amending OAR 325-005-0015.

Date:   Time:   Location:

3-12-14    10 a.m.   2501 SW 1st Ave. Suite 200      Portland, OR 97201

Hearing Officer: Shannon O’Fallon

Stat. Auth.: ORS 442.820–442.835

Other Auth.: 2003 OL Ch. 686, Sec. 9

Stats. Implemented: ORS 182.462(1) & 182.462(2)

Proposed Amendments: 325-005-0015

Last Date for Comment: 3-12-14, Close of Business

Summary: In accordance with the rules governing semi-independent state agencies, this action updates the Oregon Patient Safety Commission 2013-2015 biennial budget from $2,844,268 to $3,242,464 by amending OAR 325-005-0015.

Rules Coordinator: Bethany A. Walmsley

Address: Oregon Patient Safety Commission, PO Box 285, Portland, OR 97204

Telephone: (503) 224-9226


Oregon University System, Chapter 580

Rule Caption: Increase the amount of vacation payout to 260 hours for a set period of time

Stat. Auth.: ORS 240 & 351.070

Other Auth.: ORS 351

Stats. Implemented: ORS 351.070

Proposed Amendments: 580-021-0030

Last Date for Comment: 2-28-14, Close of Business

Summary: With the passage of Senate Bill 270 (2013) and the substantial change in the governance of Oregon’s public universities, it is vital that the OSBHE and the Chancellor’s Office make every reasonable effort to ensure that adequate staff are retained in order to make transition to Oregon State University, Portland State University, and the University of Oregon, as well as any possible change to the governance of the remaining OUS institutions, as seamless as possible. Under current administrative rules, as a general matter, full-time unclassified OUS employees accrue 15 hours of vacation each month; however, these employees may not accrue more than 260 hours of vacation leave and, upon separation of service, may not cash out more than 180 hours of vacation leave. In order to incent Chancellor’s Office employees to remain at OUS during the critical period of transition facing public higher education in the state over the next 18 months and, after consulting other public sector vacation leave schemes in Oregon, including those for state employees under the purview of DAS, the OSBHE approved that payment for accrued vacation leave be increased for a specific period of time for unclassified employees in the Office of the Chancellor.

Rules Coordinator: Marcia M. Stuart

Address: Oregon University System, PO Box 3175, Eugene, OR 97403-0175

Telephone: (541) 346-5749


Oregon Watershed Enhancement Board, Chapter 695

Rule Caption: Revisions to Watershed Council Support grant rules to implement Outcome-based Watershed Council Capacity grant-making

Date:   Time:   Location:

3-4-14 12:30 p.m. Sunridge Inn 1 Sunridge Ln. Baker City, OR

3-5-14 12:30 p.m. Pendleton Center for the Arts 214 N Main St. Pendleton, OR

3-7-14 12:30 p.m. Riverbend Community Center 799 SW Columbia Bend, OR

3-10-14 12:30 p.m. Department of State Lands Land Board Rm. 775 Summer St. NE Salem, OR

3-12-14 12:30 p.m. ODOT 100 Antelope Rd. White City, OR

3-14-14 12:30 p.m. Bay City Hall 5525 B St, Bay City, OR

Hearing Officer: Courtney Shaff

Stat. Auth.: ORS 541.906

Stats. Implemented: ORS 541.918, 541.926(1)(e), 541.923 & 541.910

Proposed Adoptions: 695-040-0090, 695-040-0100, 695-040-0110, 695-040-0120, 695-040-0130, 695-040-0140, 695-040-0150

Proposed Amendments: 695-040-0010, 695-040-0020, 695-040-0030

Proposed Repeals: 695-040-0040, 695-040-0050, 695-040-0060, 695-040-0070, 695-040-0080

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

Summary: OWEB is proposing rule amendments and rulemaking related to the administration of the council support grant program. The purpose is to develop an outcome-based council capacity grant program that includes a streamlined review and award process and increases standards for eligibility to apply and merit evaluation criteria. Regarding changes to the rules, first, the name of the grants has been amended from Watershed Council Support to Watershed Council Outcome-Based Operating Capacity Grants. The purpose [695-040-0010], definitions [695-040-0020], and eligibility criteria [695-040-0030] have been amended. Rules outlining the previous Application Requirements [695-040-0040], Evaluation Criteria [695-040-0050], Grant Evaluation Process [695-040-0060], Grant Agreement Conditions [695-040-0070], and Waiver of Rules [695-040-0080] will be repealed. The repealed rules will be replaced by newly adopted rules describing the following components and requirements of the streamlined outcome-based council capacity grant program: Eligibility Determination [695-040-0090]; Application Requirements [695-040-0100]; Merit Evaluation [695-040-0110]; Board Action on Eligible Applications [695-040-0120]; Use of Funds [695-040-0130] Grant Agreement Conditions [695-040-0140]; and Waiver of Rules [695-040-0150].

   Public comment will be accepted on the proposed rules from February 24, 2014 through 5:00pm on March 14, 2014. Copies of the proposed amendments will be available February 24, 2014 on OWEB’s website (http://www.oregon.gov/OWEB/pages/admin_rules_statutes.aspx).

Rules Coordinator: Renee Davis-Born

Address: Oregon Watershed Enhancement Board, 775 Summer St. NE, Suite 360, Salem, OR 97301

Telephone: (503) 986-0029


Psychiatric Security Review Board, Chapter 859

Rule Caption: Program rules and guidelines regarding Civil Commitments for Extremely Dangerous Persons with Mental Illness

Date:   Time:   Location:

2-25-14    11 a.m.   610 SW Alder St., Suite 420      Portland, OR 97205

Hearing Officer: Lucy Heil

Stat. Auth.: 2013 OL Ch. 715 (SB 421) & ORS 161.387

Stats. Implemented: 2013 OL Ch. 715 (SB 421)

Proposed Adoptions: 859-200-0005, 859-200-0010, 859-200-0015, 859-200-0020, 859-200-0025, 859-200-0030, 859-200-0035, 859-200-0040, 859-200-0045, 859-200-0050, 859-200-0055, 859-200-0060, 859-200-0065, 859-200-0070, 859-200-0075, 859-200-0080, 859-200-0085, 859-200-0090, 859-200-0095, 859-200-0100, 859-200-0105, 859-200-0110, 859-200-0115, 859-200-0120, 859-200-0125, 859-200-0130, 859-200-0135, 859-200-0140, 859-200-0145, 859-200-0150, 859-200-0200, 859-200-0205, 859-200-0210, 859-200-0215, 859-200-0220, 859-200-0225, 859-200-0230, 859-200-0235, 859-200-0300, 859-200-0305, 859-200-0310

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

Summary: SB 421 (2013) created a new type of civil commitment and authorizes courts to place these individuals under the Psychiatric Security Review Board’s jurisdiction for monitoring, treatment and supervision. These rules establish procedures and guidelines for the Psychiatric Security Review Board to supervise, monitor, determine appropriate placement and conduct hearings for these civilly committed persons placed under its jurisdiction.

Rules Coordinator: Lucy Heil

Address: Psychiatric Security Review Board, 610 SW Alder St., Suite 420, Portland, OR 97205

Telephone: (503) 229-5596


Secretary of State, Business Services Division, Chapter 167

Rule Caption: Revising Secretary of State’s procurement rules.

Date:   Time:   Location:

2-24-14    9 a.m.   255 Capitol St. NE, Suite 180       BSD Conference Rm.      Salem, OR

Hearing Officer: Sarah Roth

Stat. Auth.: ORS 279A.050, 279A.065 & 279A.070

Stats. Implemented: ORS 279A.050, 279A.065 & 279A.070

Proposed Amendments: 167-001-0007, 167-001-0020, 167-001-0030, 167-001-0081, 167-001-0300, 167-001-0360, 167-001-0600, 167-001-0620, 167-001-0635

Proposed Repeals: 167-001-0040, 167-001-0050, 167-001-0060, 167-001-0065, 167-001-0070, 167-001-0085, 167-001-0625

Last Date for Comment: 2-24-14, 2 p.m.

Summary: The Secretary of State is amending current procurement rules for clarification and repealing several rules that are duplicated in the Department of Justice model rules.

Rules Coordinator: Sarah Roth

Address: Secretary of State, Business Services Division, 255 Capitol St. NE, Salem, OR 97310

Telephone: (503) 986-2357


Secretary of State, Corporation Division, Chapter 160

Rule Caption: Notary Public

Stat. Auth.: 2013 OL Ch. 219, Sec. 26

Stats. Implemented: 2013 OL Ch. 219

Proposed Amendments: 160-100-0000

Last Date for Comment: 2-21-14, 12 p.m.

Summary: Clarifies what constitutes “practice in this state” for non-resident notary public commission applicants.

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, 2013.

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

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

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