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Oregon Bulletin

March 1, 2011

NOTICES OF PROPOSED RULEMAKING AND
PROPOSED RULEMAKING HEARINGS


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

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

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

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

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


 

 

Board of Chiropractic Examiners
Chapter 811

Rule Caption: Establishes minimum educational and other requirements for chiropractic dry needling.

Date:                         Time:                        Location:

5-19-11                  2 p.m.                       OBCE Offices
                                                                           3218 Pringle Rd. SE, #150
                                                                           Salem, OR

Hearing Officer: Dave McTeague

Stat. Auth.: ORS 684

Stats. Implemented: ORS 684.155(b)

Proposed Adoptions: 811-015-0036

Proposed Amendments: 811-020-0006

Last Date for Comment: 5-19-11, Close of Hearing

Summary: Establishes minimum educational and other requirements for chiropractic dry needling.

Rules Coordinator: Donna Dougan

Address: 3218 Pringle Rd. SE, Suite 150, Salem OR 97302

Telephone: (503) 373-1579

Department of Agriculture,
Oregon Dairy Products Commission
Chapter 617

Rule Caption: Amend Administrative Rule OAR 617-030-0010 for Commissioner term limits.

Stat. Auth.: ORS 576.304

Other Auth.: Motion made by Oregon Dairy Products Commission board at 12-17-10 board meeting, Tillamook, OR

Stats. Implemented: ORS 576.206(5) & 576.304(14)

Proposed Amendments: 617-030-0010

Last Date for Comment: 3-31-11, Close of Business

Summary: Amends Administrative Rule for Commissioner term limits to four (4) consecutive three-year terms. A person who serves four (4) consecutive terms is not eligible for appointment to another term on the board until at least one year after the expiration of the fourth consecutive term.

Rules Coordinator: Pete Kent

Address: 10505 SW Barbur Blvd., Portland, OR 97219

Telephone: (503) 229-5033

 

Rule Caption: Amends Administrative Rule OAR 617-030-0020 to include Lake County in Eastern Oregon Commissioner district.

Stat. Auth.: ORS 576.304

Other Auth.: Motion made by Oregon Dairy Products Commission board at 12-17-10 board meeting, Tillamook, OR

Stats. Implemented: ORS 576.206 & 576.304

Proposed Amendments: 617-030-0020

Last Date for Comment: 3-31-11, Close of Business

Summary: Amends Administrative Rule for Commissioner districts to include Lake County in Eastern Oregon district.

Rules Coordinator: Pete Kent

Address: 10505 SW Barbur Blvd., Portland, OR 97219

Telephone: (503) 229-5033

Department of Community Colleges
and Workforce Development
Chapter 589

Rule Caption: Distribution of Community College Support Fund.

Date:                   Time:                              Location:

3-24-11            11 a.m.–2 p.m.        255 Capitol St. NE
                                                                           3rd Floor, Rm. 300A
                                                                           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:

Proposed Amendments: 589-002-0100

Last Date for Comment: 3-24-11, 5 p.m.

Summary: This rule adds a Biennial Growth Management Component to the Community College State Fund (CCSF) distribution formula rules. The calculation ties growth of the actual number of Full Time Equivalent students (FTE) allowed to be used in the formula, to the CCSF’s Current Service Level budget and to projected Total Public Resources.

      Beginning with the 2011–13 biennium, a Biennial Growth management Component which is applied annually, will be added to the calculation of the three-year Total Weighted Reimbursable Full-Time-Equivalent students (FTE). The purpose of the Biennial Growth Management Component is to manage the level of Total Public resource available per FTE within the Total Public Resources available. The Biennial Growth Management component is comprised of two subcomponents, the Base Growth Management Component and the State Board of Education Quality Growth Factor which are described below:

      (1) The Base Biennial Growth Management Component is the percentage of actual FTE enrollments that would maintain Total Public resources per FTE to the same level as the previous biennium plus inflation allowed in the CCSF Current service Level budget.

      (2) The State Board of Education (SBE) has the authority to, on a biennial basis, set the “quality growth factor” that may increase or decrease the number of FTE that will be counted for funding purposes above or below the Base Biennial Growth Management Component.

      The net of the two numbers above determines the Biennial Growth Management Component. This component is applied annually; therefore it is divided in half and then applied to each individual college’s actual FTE. The result determines the funded FTE that will be used to calculate the three-year Total Weighted reimbursable FTE. If a community college’s enrollment declines in any given year, the Annual Growth Management Component ay be applied to the previous years FTE if it is higher.

      To begin the calculations, Total Public Resources per FTE is based on Fiscal Year 2009–10. The start-up Funded Annual Base FTE used for weighting is based on Fiscal Year 2010–11 FTE to which a start-up growth management component has been applied. The State Board of Education will decide what the Quality Growth Factor will be for calculating Fiscal year 2010–11 start-up growth management component as well as a Quality Growth Factor for the 2011–13 biennium.

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,
Building Codes Division
Chapter 918

Rule Caption: Establishes specialized inspector training and certifications as required by House Bill 3462 (2009).

Date:                         Time:                        Location:

3-15-11                  9 a.m.                       1535 Edgewater St. NW
                                                                           Salem, OR 97304

Hearing Officer: Trevor Johnson

Stat. Auth.: ORS 455.720, 455.730 & 455.735

Other Auth.: 2009 OL Ch. 593

Stats. Implemented: ORS 455.720, 455.730 & 455.735

Proposed Adoptions: 918-098-1510, 918-098-1520, 918-098-1530

Last Date for Comment: 3-18-11, 5 p.m.

Summary: HB 3462 (2009) authorized the Building Codes Division to create a program for training, qualifying and certifying individuals as specialized building inspectors authorized to perform inspections and enforce portions of Oregon’s specialty codes. These new inspector certifications will cover limited commercial and other multidisciplinary inspections that presently are not independently authorized by the Division’s existing inspector certifications.

Rules Coordinator: Stephanie Snyder

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

Telephone: (503) 373-7438

 

Rule Caption: Revises hours requirement for indirect supervision apprentice license.

Stat. Auth.: ORS 479.730

Other Auth.: ORS 660.126 & 2010 OL Ch. 15

Stats. Implemented: ORS 479.730

Proposed Amendments: 918-282-0270

Last Date for Comment: 3-22-11, 5 p.m.

Summary: Chapter 15, Section 1, 2010 Oregon Laws amended ORS 660.126 to allow electrical apprentices enrolled in a 6,000 hour program and who had completed 5,000 hours, to work under indirect supervision. OAR 918-282-0270 is being amended to be consistent with this statutory change.

Rules Coordinator: Stephanie Snyder

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

Telephone: (503) 373-7438

Department of Energy
Chapter 330

Rule Caption: Modifies Program requirements to align with industry standards and provide flexibility.

Date:                         Time:                        Location:

3-22-11                  9:30 a.m.                625 Marion St. NE
                                                                           Salem, OR 97301

Hearing Officer: Jo Morgan

Stat. Auth.: ORS 276.900–276.915

Stats. Implemented: ORS 276.900–276.915

Proposed Adoptions: 330-130-0025

Proposed Amendments: 330-130-0010, 330-130-0020, 330-130-0030, 330-130-0040, 330-130-0050, 330-130-0055, 330-130-0060, 330-130-0070, 330-130-0080, 330-130-0090, 330-130-0100

Last Date for Comment: 3-23-11, 5 p.m.

Summary: The rule amendments provide additional clarity and flexibility in the State Energy Efficient Design (SEED) program. They include new definitions for “Highly efficient facility” and Leadership in Energy Efficient Design (LEED) certification, The process for SEED rules is streamlined to allow LEED Silver or higher, Oregon Reach Code or other substantially equivalent efficiency standards have been achieved.

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: This rulemaking increases water quality permit fees by 2% to address increasing permit program costs, and creates a construction stormwater permit fee for sites less than one acre.

Date:                         Time:                        Location:

3-24-11                  6 p.m.                       DEQ Bend
                                                                           475 NE Bellevue,
                                                                           Suite 110, Conference Rm.
                                                                           Bend, OR

3-28-11                   6 p.m.                       DEQ Medford
                                                                           221 Stewart Ave.,
                                                                           Suite 201, Large Conference Rm.
                                                                           Medford, OR

3-29-11                   6 p.m.                       DEQ Portland
                                                                           811 SW Sixth Ave.,
                                                                           10th Floor,  Rm. EQC A
                                                                           Portland, OR

Hearing Officer: DEQ Staff

Stat. Auth.: ORS 468.020 & 468.065

Stats. Implemented: ORS 454.625, 454.745, 468.065, 468B.035, 468B.050 & 468B.051

Proposed Amendments: 340-045-0075, 340-071-0140

Last Date for Comment: 4-1-11, 5 p.m.

Summary: This proposal to amend the Oregon Administrative Rules would increase water quality permit fees. DEQ proposes to increase fees for all National Pollution Discharge Elimination System (NPDES) and Water Pollution Control Facility (WPCF) permits by 2 percent to address increased water quality permit program costs. WPCF-Onsite septic system permits are included in the proposed fee increase. Suction dredge permits covered by General Permit 700-PM are not included in the proposed fee increase.

      DEQ also proposes a $230 fee for construction stormwater permits covering sites less than one acre, but part of a common plan of development that disturbs one or more acres. Federal regulations and DEQ’s construction stormwater permit (general NPDES 1200-C) include a requirement that these sites obtain permit coverage. In the past DEQ has not issued permits for individual lots that are part of a common plan of development because of concerns about the fees associated with issuing permits to individual lot owners. DEQ explored numerous options for addressing this legal obligation and now intends to implement this requirement by issuing separate permits for these lots. These individual lots are shorter-term projects representing less environmental impact when compared to larger-scale development projects. DEQ believes that the existing application fee ($767) and annual fee ($788) are too high for individual lots, and is instead proposing a one-time fee of $230 for these permits.

      To submit comments or request additional information, please contact Chris Clipper at the Department of Environmental Quality (DEQ) by mail at 811 SW Sixth Ave., Portland, OR 97204, by email at waterpermitfee@deq.state.or.us, by phone at (503) 229-5656; toll free in Oregon at 800-452-4011 ext. 5656; by fax at (503) 229-6037, or visit DEQ’s website at http://www.deq.state.or.us/regulations/proposedrules.htm

Rules Coordinator: Maggie Vandehey

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

Telephone: (503) 229-6878

Department of Fish and Wildlife
Chapter 635

Rule Caption: Salmon Seasons for Commercial and Sport Fisheries in the Pacific Ocean.

Date:                         Time:                        Location:

4-22-11                  8 a.m.                       Dept. of Fish & Wildlife
                                                                           3406 Cherry Ave.
                                                                           Salem, OR 97303

Hearing Officer: Fish & Wildlife Commission

Stat. Auth.: ORS 496.138, 496.146, 506.036, 506.119, 506.129 & 506.750 et Seq.

Other Auth.: Magnusson-Stevens Sustainable Fisheries Act

Stats. Implemented: ORS 496.162, 506.036, 506.109, 506.129 & 506.750 et Seq.

Proposed Adoptions: Rules in 635-003, 635-013

Proposed Amendments: Rules in 635-003, 635-013

Proposed Repeals: Rules in 635-003, 635-013

Last Date for Comment: 4-22-11

Summary: Amend rules related to commercial and sport salmon fishing in the Pacific ocean. 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

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

Rule Caption: Continuing Care Retirement Communities.

Date:                         Time:                        Location:

3-15-11                  11 a.m.                    Human Services Bldg.
                                                                           500 Summer St. NE,
                                                                           Rooms 137BC
                                                                           Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 101.150 & 410.090

Other Auth.: HB 2138 (2009) & 2009 OL Ch. 201

Stats. Implemented: ORS 101.010–101.160

Proposed Adoptions: 411-067-0065, 411-067-0086

Proposed Amendments: 411-067-0000, 411-067-0010, 411-067-0020, 411-067-0050, 411-067-0055, 411-067-0060, 411-067-0070, 411-067-0080, 411-067-0083, 411-067-0090, 411-067-0100

Proposed Repeals: 411-067-0030, 411-067-0087

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

Summary: The Department of Human Services (DHS), Seniors and People with Disabilities Division (SPD) is proposing to permanently update the continuing care retirement community rules (CCRC) in OAR chapter 411, division 067 to:

      • Prescribe new requirements for registration of CCRCs;

      • Specify information that must be included in a CCRC’s annual disclosure statement;

      • Provide for increased disclosure of operating expenses, fees, financial status, and Medicare and Medicaid provider status;

      • Clarify issues of financial reserves, escrow, and withdrawal of reserves and specify how a provider should calculate the CCRC’s liquid reserve requirements;

      • Provide for the rights of CCRC residents including the right to:

      - Establish a residents’ council;

      - Have a representative serving on the CCRC’s governing board;

      - Refuse medications, treatment, or care; and

      - Submit grievances without fear of restraint, interference,
coercion, discrimination, or reprisal; and

      • Outline a provider’s obligation to:

      - Not discriminate against a resident, a prospective resident, or a resident’s visitor;

      - Make reasonable accommodations for residents with disabilities; and

      - Treat each resident with respect and dignity at all times.

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: To modify the Child Abuse Multidisciplinary Team and regional Service Provider OARs to align with ORS changes from 09–11 biennium and alignment of language to current terminology.

Date:                         Time:                        Location:

3-21-11                  2–3 p.m.                 4035 12th St. SE
                                                                           Salem, OR

Hearing Officer: Karen Heywood

Stat. Auth.: ORS 418.746–418.794

Stats. Implemented: ORS 418.746–418.794

Proposed Amendments: 137-082-0210, 137-082-0220, 137-082-0230, 137-082-0240, 137-082-0250, 137-082-0260, 137-082-0270, 137-082-0280, 137-083-0000, 137-083-0010, 137-083-0020, 137-083-0040, 137-083-0050

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

Summary: • Align with ORS changes from the 09–11 biennium;

      • Change Child Abuse Centers to Child Abuse “Intervention” centers;

      • Change Regional training and Consultation Center to Regional “Service Providers”;

      • Include moving application and reporting to web-based CVSD E-grant system; and

      • Modifying reporting requirements to minimize and consolidate reporting.

Rules Coordinator: Carol Riches

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

Telephone: (503) 947-4700

Department of Oregon State Police,
Office of State Fire Marshal
Chapter 837

Rule Caption: Correlate 2010 Oregon Fire Code to 2010 Oregon Structural Specialty Code for the installation of Carbon Monoxide alarms.

Stat. Auth.: ORS 476.030

Stats. Implemented: ORS 476.030

Proposed Amendments: 837-040-0020

Last Date for Comment: 3-22-11, 5 p.m.

Summary: The rule change is necessary to correlate the 2010
Oregon Fire Code (OFC) to the 2010 Oregon Structural Specialty Code (OSSC) for the installation of Carbon Monoxide alarms per 2009 Legislative House Bill 3450, Lofgren and Zander Memorial Act, for new construction.

Rules Coordinator: Pat Carroll

Address: Department of Oregon State Police, Office of State Fire Marshal, 4760 Portland Rd. NE, Salem, OR 97305

Telephone: (503) 934-8276

Department of Public Safety Standards and Training
Chapter 259

Rule Caption: Update rule to remain consistent and current with 2008 Edition of NFPA 1006 standards.

Stat. Auth.: ORS 181.640

Stats. Implemented: ORS 181.640

Proposed Amendments: 259-009-0005, 259-009-0062

Last Date for Comment: 3-21-11, Close of Business

Summary: Adopts 2008 Edition of NFPA standards, including technical changes to titles, definitions, and standards of Technical Rescuer that are not currently in rule.

Rules Coordinator: Linsay Bassler

Address: 4190 Aumsville Hwy SE, Salem, OR 97317

Telephone: (503) 378-2431

 

Rule Caption: Update course hours/titles for DOC Basic Corrections Course curriculum; Implement plain language
standards.

Stat. Auth.: ORS 181.640

Stats. Implemented: ORS 181.640

Proposed Amendments: 259-008-0025

Last Date for Comment: 3-21-11, Close of Business

Summary: The Department of Public Safety Standards and Training updated its Basic Corrections curriculum and subject/hour breakdown in May 2010. This proposed rule adjusts the minimum course hours for the Department of Corrections Basic Corrections Course to reflect those updates. Plain language standards and housekeeping changes were also made for clarity and consistency.

Rules Coordinator: Linsay Bassler

Address: 4190 Aumsville Hwy SE, Salem, OR 97317

Telephone: (503) 378-2431

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

Rule Caption: Clarifies Requirements for Surety Bond Upon Initial Application or Renewal of Vehicle Dealer Certificate.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 802.012, 822.020, 822.025, 822.027 & 822.040

Stats. Implemented: ORS 802.012, 822.020, 822.025, 822.027, 822.030 & 822.040

Proposed Amendments: 735-150-0015

Last Date for Comment: 3-21-11

Summary: Pursuant to ORS 822.030, a surety bond is required for a person to qualify for a vehicle dealer certificate (ORS 822.020), or for the renewal of a certificate (ORS 822.040).

      Currently, OAR 735-150-0015 states that an applicant for a vehicle dealer certificate must submit a DMV Surety Bond form to DMV upon initial application and again at renewal. However, for the purpose of renewing a certificate, an applicant should not be required to submit a DMV Surety Bond form if prior bond coverage is still valid. The proposed amendment revises rule language to specify that an applicant for renewal is required to submit a DMV Surety Bond form if the applicant is submitting a new surety bond with the renewal application. If the applicant is not submitting a new bond, the applicant is only required to provide proof acceptable to DMV that the required bond is in effect at the time of renewal.

      To improve readability, the requirements for initial applications and renewal applications are now in separate sections (1) and (2), respectively.

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

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171

Department of Transportation,
Highway Division
Chapter 734

Rule Caption: Procedures for Trial Alternative Method of Establishment of Speed Zones on Certain Public Roads.

Stat. Auth.: ORS 184.616, 184.619, 810.010 & 810.180

Stats. Implemented: ORS 810.180

Proposed Amendments: 734-020-0010, 734-020-0014, 734-020-0015, 734-020-0016, 734-020-0017

Last Date for Comment: 3-21-11

Summary: ORS 810.180 authorizes the Department of Transportation to conduct speed zone investigations and set speeds on most public roads, including interstate highways. As amended, 734-020-0010 clarifies the required length of an annual review submittal, which is required after the establishment of any speed limit on interstate highways. As amended, 734-020-0014 provides additional definitions pertaining to speed zoning. As amended, 734-020-0015 gives additional authority to the State Traffic Engineer when extending or shortening existing speed zones on most public roads. It also gives authority to the State Traffic Engineer to approve an experimental alternative speed zone investigation method for the City of Portland. As amended, 734-020-0015, 734-020-0016 and 734-020-0017 gives authority to the State Traffic Engineer to approve rescissions of speed zone orders to allow statutory speeds to supersede.

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

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171

 

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

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

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

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

Last Date for Comment: 3-21-11

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

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

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171

Department of Veterans’ Affairs
Chapter 274

Rule Caption: Veterans Service Officer Certification Program.

Date:                         Time:                        Location:

3-16-11                  10–11 a.m.           700 Summer St. NE
                                                                           Salem, OR 97301

Hearing Officer: Brice Craig

Stat. Auth.: ORS 406.005, 406.030 & 406.452

Other Auth.: 38 CFR Part 14, Sec. 14.628 & 14.629

Stats. Implemented: ORS 406.452 & 408.095

Proposed Adoptions: 274-031-0001, 274-031-0002, 274-031-0003, 274-031-0004, 274-031-0005, 274-031-0006, 274-031-0007, 274-031-0008, 274-031-0009

Last Date for Comment: 3-21-11

Summary: OAR 274, division 31 is established to administer and enforce ORS 406.052 and 408.095, which authorizes the department of Veterans’ Affairs (“ODVA”) to establish an administer a Veteran Service Officer (“VSO”) Certification Program the “Program”). The essential objectives of the Program include assuring that each certified VSO receives appropriate initial and ongoing training, education, and experience sufficient to achieve and maintain competency in applying for applicable federal and state benefits on behalf of Oregon veterans.

Rules Coordinator: Bruce Craig

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

Telephone: (503) 373-2327

Employment Department,
Child Care Division
Chapter 414

Rule Caption: Update cardio-pulmonary resuscitation (CPR) training requirements.

Stat. Auth.: ORS 657.610

Stats. Implemented:

Proposed Amendments: 414-300-0110, 414-350-0110

Last Date for Comment: 3-22-11, 5 p.m.

Summary: Updates training requirements for teacher aides and assistants to be consistent with those for principle child care providers.

      Amends training requirements for cardio-pulmonary resuscitation (CPR).

Rules Coordinator: Courtney Brooks

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

Telephone: (503) 947-1724

Landscape Contractors Board
Chapter 808

Rule Caption: Amend charges for exam resources based on the cost of the item; removes charge for vehicle stickers no longer provided.

Stat. Auth.: ORS 671.670 & 670.301

Stats. Implemented: ORS 183, 293 & 671

Proposed Amendments: 808-001-0020

Last Date for Comment: 3-21-11

Summary: Amends charges for examination resources (Plant CD and Owner/Managing Employee Study Guide) to be based on the current cost of the item and a fee for the cost of shipping and processing the order. This amendment also removes the charge for vehicle stickers that are no longer being provided by the board.

Rules Coordinator: Kim Gladwill-Rowley

Address: Landscape Contractors Board, 2111 Front Street NE, Suite 2-101, Salem, OR 97301

Telephone: (503) 378-5909, ext. 223

Oregon Board of Naturopathic Medicine
Chapter 850

Rule Caption: Rule on reapplication of license when license has been disciplined.

Stat. Auth.: ORS 685.125

Stats. Implemented: ORS 685.110

Proposed Adoptions: 850-050-0200

Last Date for Comment: 3-28-11

Summary: Rule to clarify reapplication guidelines.

Rules Coordinator: Anne Walsh

Address: Oregon Board of Naturopathic Medicine, 800 NE Oregon St., Suite 407, Portland, OR 97232

Telephone: (971) 673-0193

 

Rule Caption: Rule removes the reference to the AHFS 2009 which is no longer relevant.

Stat. Auth.: ORS 685.125

Stats. Implemented: ORS 685.145

Proposed Amendments: 850-060-0225, 850-060-0226

Last Date for Comment: 3-28-11

Summary: Rule removes reference to AFHS, which was used as a guideline to establish formulary classifications.

Rules Coordinator: Anne Walsh

Address: Oregon Board of Naturopathic Medicine, 800 NE Oregon St., Suite 407, Portland, OR 97232

Telephone: (971) 673-0193

Oregon Department of Education
Chapter 581

Rule Caption: Reduces day of instruction required to be provided to YCEP and JDEP students.

Date:                         Time:                        Location:

3-23-11                  1 p.m.                       255 Capitol St. NE, Rm. 251A
                                                                           Salem, OR 97310

Hearing Officer: Cindy Hunt

Stat. Auth.: ORS 326.051

Stats. Implemented: ORS 326.695–326.712

Proposed Amendments: 581-015-2590

Last Date for Comment: 3-23-11, 5 p.m.

Summary: The Oregon Department of Education contracts with school districts and education service districts to provide educational services to juveniles in youth corrections and juvenile corrections facilities. The rule amendment would reduce the minimum number of instructional days required to be provided to these students from 220 days to 176 days. This aligns with minimum instructional hours required for other Oregon students.

Rules Coordinator: Diane Roth

Address: 255 Capitol St. NE, Salem, OR 97310

Telephone: (503) 947-5791

Oregon Health Authority,
Division of Medical Assistance Programs
Chapter 410

Rule Caption: CAREAssist rules and provider payments.

Date:                         Time:                        Location:

3-16-11                  10 a.m.                    800 NE Oregon St., Rm. 1C
                                                                           Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 431.830

Stats. Implemented: ORS 431.830

Proposed Repeals: 333-012-0250(T)

Proposed Ren. & Amends: 333-012-0250 to 410-121-3000

Last Date for Comment: 3-18-11, 5 p.m.

Summary: The Oregon Health Authority is proposing to permanently amend OAR 333-012-0250 and renumber it to OAR 410-121-3000 pertaining to the AIDS Drugs Assistance Program (ADAP) or CAREAssist. The rules is being amended to include a section regarding provider and pharmacy payments. The rule is being renumbered from chapter 333 (Public Health Division) to chapter 410 (Division of Medical Assistance Programs) so that all pharmacy rules (Medicaid and Non-Medicaid) for the Oregon Health Authority are found in the same location.

Rules Coordinator: Brittany Sande

Address:Address: 800 NE Oregon St., Suite 930, Portland, OR 97232

Telephone: (971) 673-1291

 

Rule Caption: Establishing and maintaining a prescription drug monitoring program.

Date:                         Time:                        Location:

3-23-11                  1 p.m.                       Portland State Office Bldg.
                                                                           800 NE Oregon St., Rm. 918
                                                                           Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 431.962 & 431.964

Stats. Implemented: ORS 431.962–431.978 & 431.992

Proposed Adoptions: 410-121-4000, 410-121-4005, 410-121-4010, 410-121-4015, 410-121-4020

Last Date for Comment: 3-25-11, 5 p.m.

Summary: The Oregon Health Authority, Division of Medical Assistance Programs is proposing to permanently adopt administrative rules in chapter 410, division 121 to clarify the purpose of a prescription drug monitoring program; to establish definition terms; to clarify program reporting requirements; and to clarify access to information in the electronic system.

Rules Coordinator: Brittany Sande

Address:Address: 800 NE Oregon St., Suite 930, Portland, OR 97232

Telephone: (971) 673-1291

 

Rule Caption: April 2011 Technical Changes to the January 1, 2011–December 31, 2012 Health Services Commission’s Prioritized List of Health Services.

Stat. Auth.: ORS 409.010, 409.050, 409.110 & 414.065

Stats. Implemented: ORS 414.065

Proposed Amendments: 410-141-0520

Last Date for Comment: 3-11-11

Summary: The Oregon Health Plan (Managed Care) Program administrative rules govern Division of Medical Assistance Programs’ (Division) payments for services provided to clients. The Division will amend 410-141-0520 to reference the January 1, 2011–December 31,2012 health Services Commission’s Prioritized List with interim modifications and technical changes effective April 1, 2011, this included application of 2009 national code to the HSC lines and HSC guideline refinements.

Rules Coordinator: Darlene Nelson

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

Telephone: (503) 945-6927

Oregon Health Authority,
Public Health Division
Chapter 333

Rule Caption: Revision of rules related to lead-based paint activities and renovation, repair and painting.

Date:                         Time:                        Location:

3-22-11                  1 p.m.                       800 NE Oregon St., Rm. 1B
                                                                           Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 431.920, 431.922, 431.992 & 701.992

Other Auth.: 40 CFR Part 745.80 Subpart E, 40 CFR Part 745.225, 40 CFR Part 745.226

Stats. Implemented: ORS 431.918, 431.920, 431.922, 431.992 & 701.992

Proposed Amendments: 333-068-0005, 333-068-0015, 333-068-0020, 333-068-0025, 333-068-0030, 333-068-0035, 333-068-0040, 333-068-0045, 333-068-0050, 333-068-0055, 333-068-0060, 333-068-0065, 333-069-0005, 333-069-0015, 333-069-0020, 333-069-0030, 333-069-0040, 333-069-0050, 333-069-0060, 333-069-0070, 333-069-0080, 333-069-0085, 333-069-0090, 333-070-0075, 333-070-0085, 333-070-0090, 333-070-0095, 333-070-0100, 333-070-0105, 333-070-0110, 333-070-0115, 333-070-0120, 333-070-0125, 333-070-0130, 333-070-0135, 333-070-0140, 333-070-0145, 333-070-0160

Proposed Repeals: 333-069-0005(T), 333-069-0015(T), 333-069-0020(T), 333-069-0040(T), 333-069-0050(T), 333-069-0060(T), 333-069-0075, 333-069-0085(T), 333-069-0090(T), 333-070-0075(T), 333-070-0155

Last Date for Comment: 3-24-11, 5 p.m.

Summary: The Oregon Health Authority, Public Health Division is proposing to permanently amend Oregon Administrative Rules in chapter 333, divisions 68, 69 and 70 relating to regulating lead-based paint activities, accreditation of training providers and renovation, repair and painting activities involving lead-based paint. The proposed amendments make the following general changes to the rules: (1) Housekeeping changes, including removal of unnecessary definitions, rewording of other definitions, and standardization of terms; (2) Creation of a mechanism for training programs, individuals and firms to become accredited/certified in Oregon if they are currently accredited/certified by EPA or another authorized state; (3) Removes annual certification/accreditation requirements from OAR 333-068 and OAR 333-069; (4) Raises the maximum heat gun temperature in the Work Practice Standards sections of OAR 333-069 and OAR 333-070 to 1100°F; (5) Eliminate all references to the “opt out” provision; and (6) Eliminate all “paint permit” requirements and fees from OAR 333-069.

Rules Coordinator: Brittany Sande

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

Telephone: (971) 673-1291

 

Rule Caption: Amendment of rules that govern accreditation of environmental testing laboratories.

Stat. Auth.: ORS 438.605, 438.610, 438.615, 438,620, 448.131, 448.150 & 448.280 (1)(b) & (2)

Stats. Implemented: ORS 438.605, 438.610, 438.615, 438.620, 448.150, 448.131 & 448.280 (1)(b) & (2)

Proposed Amendments: 333-064-0025, 333-064-0030, 333-064-0040, 333-064-0050, 333-064-0055, 333-064-0060

Proposed Repeals: 333-064-0070

Last Date for Comment: 3-22-11, 5 p.m.

Summary: The Oregon Health Authority, Public Health Division, Oregon State Public Health Laboratory (OSPHL) is proposing to permanently amend Oregon Administrative Rules in chapter 333, division 64 will. The proposed amendments will (1) Change from charging assessment fees based on programs to matrices, which matches how laboratories are actually accredited to national standards; (2) Add language concerning the accreditation mobile laboratories as required by the National Environmental Laboratory Accreditation Program (NELAP); (3) Change how labs report results to the
Oregon Drinking Water Program to conform to OAR 333-061-0030; (4) Increase fees to out-of-state laboratories requesting accreditation by Oregon in order to help cover the costs of the program; and
(5) Add clarifying language to help avoid misinterpretation.

      In addition, the OSPHL is proposing to repeal OAR 333-064-0070 which was added to correct a problem with the rulemaking process in 2002 and is no longer applicable.

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 Licensing Agency,
Board of Cosmetology
Chapter 817

Rule Caption: Align rules with current statutory authority, industry, agency and rulemaking standards.

Date:                         Time:                        Location:

3-28-11                  9 a.m.                       700 Summer St. NE, Suite 320
                                                                           Rhoades Conference Rm.
                                                                           Salem, OR

Hearing Officer: Bert Krages

Stat. Auth.: ORS 676.615 & 690.165

Other Auth.: ORS 345, 341, 346 & OAR 437-002-0360(31)

Stats. Implemented: ORS 676.606, 676.615, 676.617, 676.992, 690.005, 690.035, 690.046, 690.047, 690.055, 690.057, 690.085, 690.095, 690.123 & 690.205

Proposed Adoptions: 817-030-0071, 817-060-0050

Proposed Amendments: 817-005-0005, 817-010-0065, 817-020-0006, 817-030-0005, 817-030-0030, 817-030-0065, 817-035-0010, 817-035-0050, 817-035-0070, 817-035-0110, 817-040-0003, 817-090-0025, 817-090-0035, 817-090-0045, 817-090-0050, 817-090-0055, 817-090-0065, 817-090-0070, 817-090-0075, 817-090-0080, 817-090-0085, 817-090-0090, 817-090-0095, 817-090-0100, 817-090-0105, 817-090-0110, 817-090-0115

Proposed Repeals: 817-010-0090, 817-030-0015, 817-030-0018, 817-030-0020, 817-030-0040, 817-030-0045, 817-030-0055, 817-035-0030, 817-060-0050(T), 817-035-0050(T)

Last Date for Comment: 3-28-11

Summary: Rule changes are necessary to allow for general amendments to administrative rules in order to align with current industry, agency and statewide rulemaking standards and principles.

      Amend to streamline definitions in order to meet rulemaking protocols and define relevant terms where utilized within the rule for efficiency.

      Amend all requirements for facilities, independent contractors and freelance authorization holders to have a current business registration as required by Secretary of State Corporations Division pursuant to ORS 648.007.

      Amend to clarify and streamline application requirements and processes including authorization to accept official transcripts from all school types. The agency as a whole is moving to an improved model for certification that requires all application requirements be met before receiving a certificate, which includes the following:

      • Graduate from an Oregon school: receipt of official transcript, proof of having passed a board approved written and practical examination within two years before the date of application. or

      • Individual coming through reciprocity: affidavit of licensure, proof of having passed a board approved written examination within two years before the date of application.

      Currently, the Board of Cosmetology (board) does not have the authority to waive educational requirements; however the board can request that the Department of Education waive the educational requirements and refer the individual to a school for assessment under ORS 345. The agency is proposing to remove current Pathway Two to align with statutory authority of the board.

      Amendments also denote that individuals seeking certification in an additional field of practice must obtain 150 hours of safety and sanitation and 100 hours in career development if they have been certified for more than two years.

      Amend examination requirements to include all information related to examinations be streamlined into one administrative rule.

      Adopt retake examination requirements to rule that had previously been set by board policy. This includes waiting seven days after the first failed examination attempt, waiting seven days after the second failed examination attempt, and waiting 30 days and receiving additional training after the third failed examination attempt. This process repeats itself for the fourth, fifth and sixth failed attempt.

      Adopt practical examination evaluation requirements to ensure that the practical examination sanctioned and approved by the board pursuant to ORS 690.046 meets the standards set by the Department of Education under ORS 345. This includes correction protocols and options for students to take another practical examination administered at another school.

      Amendments made to align renewals with agency standards and protocols, including current renewal, late renewal up to three years, and after three years reapplication under one of three pathways. Added requirements for renewal include a current registration as required by Secretary of State Corporations Division pursuant to ORS 648.007.

      Amendments to freelance authorization in order to align with statutory requirements regarding where services can be provided including but not limited to churches, offices, and home of clients. The current rule prohibits a freelance authorization from performing services unless it is in a client’s home or place of business, hindering a freelance authorization holder from performing services in other locations.

      Amend posting requirements for authorizations and inspection certificates to align with other program standards.

      Reduce fees for initial certification.

      • Practitioner certificate application from $25 to $20.

      • Oregon laws and rules exam from $50 to $35.

      • Field of practice (FOP) exam from $50 to $35 for each FOP.

      • Initial practitioner certificate from $40 to $25 for each FOP.

      • Delinquency fee for up to three years to align with statutory authority.

      • Adopt fee for safety and infection control training at $25 and reactivation of an authorization at $50.

      Adopt Use of Formaldehyde Products rule permanently. This rule became effective temporarily on November 15, 2010.

      Align civil penalty schedule with agency protocols and standards.

Rules Coordinator: Samantha Patnode

Address: Oregon Health Licensing Agency, Board of Cosmotology, 700 Summer St. NE, Suite 320, Salem, OR 97301-1287

Telephone: (503) 373-1917

Oregon Health Licensing Agency,
Environmental Health Registration Board
Chapter 338

Rule Caption: Change to one year renewal cycle, standardization with other professions regulated by OHLA.

Date:                         Time:                        Location:

3-28-11                  11 a.m.                    700 Summer St. NE, Suite 320
                                                                           Rhoades Conference Rm.
                                                                           Salem, OR

Hearing Officer: Bert Krages

Stat. Auth.: ORS 676.605, 676.606, 676.615, 700.53 & 700.080

Stats. Implemented: ORS 676.605, 676.606, 676.615 & 700.080

Proposed Adoptions: 338-010-0065

Proposed Amendments: 338-005-0020, 338-005-0030, 338-010-0015, 338-010-0030, 338-010-0033, 338-010-0035, 338-010-0038, 338-010-0050, 338-020-0030, 338-020-0050, 338-030-0020

Proposed Repeals: 338-010-0017, 338-010-0025, 338-020-0000, 338-020-0060

Last Date for Comment: 3-28-11

Summary: The Oregon Health Licensing Agency and Environmental Health Registration Board (EHRB) are proposing to amend the EHRB administrative rules Chapter 338 Divisions 005-030. Rule changes are necessary to allow for general amendments to align with current industry, agency and statewide rulemaking standards and principles.

      Amend to streamline definitions in order to meet rulemaking protocols and define relevant terms where utilized within the rule for efficiency.

      Amen in order to change from a two-year registration cycle to a one-year registration cycle in an effort to reduce the financial burden to registrants.

      Amend to align with statutory provisions pursuant to ORS 687.435, by establishing a reactivation fee and number of years a registrant can renew late up to three years to align with renewal requirements and agency protocol.

      Amendments made to align renewals with agency standards and protocols, including current renewal, late renewal up to three years, and after three years reapplication through one of two pathways.

      • Conventional Qualification: receipt of official transcript, proof of any work experience, proof of any work experience as a trainee, and proof of having passed a board approved written examination within three years before the date of application. or

      • Reciprocity: receipt of affidavit of licensure and proof of any work experience.

      Amend examination requirements to include all information related to examinations be streamlined into one administrative rule.

      Amend to trainee registration requirements in order to add clarity and provide the trainee with processes on number of hours required and how to apply for an extension as well as the limitations to the trainee registration.

      Adopt OAR 338-010-0065 “Supervisor Qualifications” in order to outline minimum qualifications a supervisor must meet in order to qualify to train environmental health specialist trainees.

      Repeal OAR 338-020-0000 “Continued Competency” and OAR 335-020-0060 “Continuing Education Credit Criteria” due to redundancy.

      Amend continuing education auditing requirements in order to streamline with agency protocols and documentation requirements. Also includes disciplinary authority for failing to meet continuing education requirements.

Rules Coordinator: Samantha Patnode

Address: Oregon Health Licensing Agency, Environmental Health Registration Board, 700 Summer St. NE, Suite 320, Salem, OR 97301-1287

Telephone: (503) 373-1917

Oregon Medical Board
Chapter 847

Rule Caption: Adopts model rules for contested cases, authority of Executive Director, and confidentiality requirements in investigations.

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 183.335, 183.341, 677.275 & 677.425

Proposed Adoptions: 847-001-0022

Proposed Amendments: 847-001-0005, 847-001-0015

Last Date for Comment: 3-22-11

Summary: The proposed rule changes adopt the Attorney General’s 2008 rules for contested cases, delegate to the Executive Director the authority to take dispositions and respond to requests to depose witnesses, and require licensees or applicants to protect the confidentiality of information obtained by the Board in the course of an investigation.

Rules Coordinator: Malar Ratnathicam

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

Telephone: (971) 673-2713

 

Rule Caption: Implements new fees beginning in the 2011–2013 biennium.

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.265

Proposed Amendments: 847-005-0005

Last Date for Comment: 3-22-11

Summary: The proposed rule implements increased fees effective July 1, 2011, for license renewals and passes the expenses of the healthcare workforce data base fee on to licensees and the criminal background search fee on to applicants for licensure and reactivation of licensure. The amendment also includes reorganization of the fees, and specific license types were added as descriptors of the general headings.

Rules Coordinator: Malar Ratnathicam

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

Telephone: (971) 673-2713

 

Rule Caption: Clarifies ongoing educational requirements for all licensees and method of audit and discipline for noncompliance.

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.265

Proposed Amendments: 847-008-0070

Last Date for Comment: 3-22-11

Summary: The amendment clarifies the ongoing educational requirements for all licensees, the method of audit, and the discipline to which a licensee will be subject if he or she fails to complete the required number of educational hours in a registration renewal period.

Rules Coordinator: Malar Ratnathicam

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

Telephone: (971) 673-2713

 

Rule Caption: Implements Health Professionals’ Services Program for licensees with substance abuse use or mental disorders.

Stat. Auth.: ORS 676.200 & 677.265

Stats. Implemented: ORS 676.185–676.200

Proposed Adoptions: 847-065-0070

Proposed Amendments: 847-065-0010, 847-065-0015, 847-065-0020, 847-065-0025, 847-065-0030, 847-065-0035, 847-035-0040, 847-065-0045, 847-065-0050, 847-065-0055, 847-065-0060, 847-065-0065

Last Date for Comment: 3-22-11

Summary: The proposed rule implements the Health Professionals’ Services Program (HPSP), pursuant to ORS 676.185–676.200, for licensees with substance abuse use or mental disorders and contains clarifying language for positive toxicology test results, safe practice investigation, disclosure of written evaluation and agreement, approval of independent third-party evaluator, and substantial non-compliance report. The rule amendment adds a requirement to enroll in HPSP for licensees with primary residence or work site outside of Oregon. The rule amendment also makes grammatical corrections.

Rules Coordinator: Malar Ratnathicam

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

Telephone: (971) 673-2713

 

Rule Caption: Repeal rules that are redundant restatements of established requirements on individual license types.

Stat. Auth.: ORS 676.265

Stats. Implemented: ORS 676.265

Proposed Repeals: 847-050-0031, 847-050-0032, 847-070-0018, 847-070-0042, 847-080-0019, 847-080-0020, 847-080-0025

Last Date for Comment: 3-22-11

Summary: The proposed repeal wold eliminate rules for individual license types (PA, LAc, DPM) that are covered by the same to similar language in rules that apply to all licensees under division 008.

Rules Coordinator: Malar Ratnathicam

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

Telephone: (971) 673-2713

Oregon Public Employees Retirement System
Chapter 459

Rule Caption: Eligibility and costs to members for requesting retirement estimates and verification of retirement data.

Date:                         Time:                        Location:

4-26-11                  2 p.m.                       PERS Boardroom
                                                                           11410 SW 68th Pkwy.

                                                                           Tigard, OR

Hearing Officer: Daniel Rivas

Stat. Auth.: ORS 238.610 & 238.650

Stats. Implemented: ORS 238.610

Proposed Amendments: 459-005-0250

Last Date for Comment: 5-4-11

Summary: Currently the OAR covering the administration fee for estimates requests exceeding PERS current limitations allows any member within two years of eligibility for service retirement to request two estimate in a calendar year at no cost. The proposed changes allow only one fee estimate per year and only within one year of retirement eligibility. The proposed changes are needed to reduce workload increases for staff in order to complete all member requests in a timely manner.

      This rule is also being amended due to Senate Bill 897, which allows members to required a verification of retirement data at no cost. The proposed rule changes establish procedures for identifying and recovering administrative costs for providing additional
verifications of retirement data after the member has received one free verification request.

      Copies of the proposed rules are available to any person upon request. The rules are also available at http:www.oregon.gov/PERS/about_us.shtml

      Public comment may be mailed to the above address or sent via email to Daniel.Rivas@state.or.us

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713

 

Rule Caption: Updates limitations on contributions to a member OPSRP IAP account.

Date:                         Time:                        Location:

4-26-11                  2 p.m.                       PERS Boardroom
                                                                           11410 SW 68th Pkwy.,
                                                                           Tigard, OR

Hearing Officer: Daniel Rivas

Stat. Auth.: 2003 OL Ch. 733

Stats. Implemented: 2003 OL Ch. 733

Proposed Amendments: 459-080-0500

Last Date for Comment: 5-4-11

Summary: The proposed modifications index (for inflation) the annual addition to a member account for any calendar year.

      Copies of the proposed rules are available to any person upon request. The rules are also available at http:www.oregon.gov/
PERS/about_us.shtml

      Public comment may be mailed to the above address or sent via email to Daniel.Rivas@state.or.us

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713

Oregon State Marine Board
Chapter 250

Rule Caption: Establishes an in-construction zone on Willamette River.

Date:                         Time:                        Location:

3-30-11                  7–9 p.m.                 The Portland Bldg. Auditorium
                                                                           1120 SW Fifth Ave.
                                                                           Portland, OR

Hearing Officer: Randy Henry

Stat. Auth.: ORS 830.110, 830.175, & 830.195

Stats. Implemented: ORS 830.110 & 830.195

Proposed Amendments: 250-020-0280

Last Date for Comment: 3-31-11, 5 p.m.

Summary: In conjunction with the Portland-Milwaukie Light Rail Project construction on a new bridge over the Willamette River (river mile 13.7), Kiewit (design/build contractor) is requesting a bank-to-bank, slow-no-wake zone for 500 feet on either side of the bridge project effective June 2011 through December 2012 and an exclusion zone under the work trestles and within a safety zone under the swing of the cranes for as long as work is being done.

Rules Coordinator: June LeTarte

Address: 435 Commercial St. NE,  #400, PO Box 14145, Salem OR 97309-5065

Telephone: (503) 378-2617

Oregon State Treasury
Chapter 170

Rule Caption: Requirement for financial advisors to be registered with the Securities and Exchange Commission (SEC) and MSRB.

Stat. Auth.: ORS 287A.365

Stats. Implemented: ORS 287A.360–287A.380

Proposed Amendments: 170-062-0000

Last Date for Comment: 3-25-11, 5 p.m.

Summary: New federal regulations require municipal financial advisors to register with the SEC (17 CFR § 240.15Ba2-6T) and prohibit a municipal financial advisor from serving as an underwriter in the same negotiated bond sale (Municipal Securities Rulemaking Board (MSRB) Rule G-23).

Rules Coordinator: Sally Wood

Address: 350 Winter St. NE, #100, Salem, OR 97301

Telephone: (503) 378-4990

Oregon University System
Chapter 580

Rule Caption: To amend OAR 580-040-0040 and supersede all prior Academic Year fee book rules.

Date:                         Time:                        Location:

5-12-11                  10–11 a.m.           Kerr Admin. Bldg., Rm. B214
                                                                           Oregon State University
                                                                           Corvallis, OR

5-13-11                   10–11 a.m.           Susan Campbell Hall, Rm. 358
                                                                           University of Oregon
                                                                           Eugene, OR

Hearing Officer: Lynette Hawthorne, Marcia Stuart

Stat. Auth.: ORS 351.070

Stats. Implemented: ORS 351.070

Proposed Amendments: 580-040-0040

Last Date for Comment: 5-17-11, 5 p.m.

Summary: To establish Tuition and Fees for the Academic Year 2011-12, including Room and Board rates. Supersedes all prior Academic Year fee book rules.

Rules Coordinator: Lynette Hawthorne

Address: P.O. Box 488, Corvallis, OR 97339-0488

Telephone: (541) 737-0920

Oregon University System,
University of Oregon
Chapter 571

Rule Caption: Amend special fees, fines, penalties and services charges — including Family Housing Rental Rates.

Date:                         Time:                        Location:

4-5-11                     2:30 p.m.               Board Room, EMU
                                                                           University of Oregon
                                                                           Eugene, OR

Hearing Officer: Deb Donning

Stat. Auth.: ORS 351.070 & 352

Stats. Implemented: ORS 351.070

Proposed Amendments: 571-060-0005

Last Date for Comment: 4-6-11, 12 p.m.

Summary: The University administration has determined that the adoption of the amendments to the fee list will be necessary in order to provide the basis for funding to cover the expenses of the services rendered and to maintain a current schedule of fees, fines, and penalties.

      Copies of proposed amendments to Family Housing Rental Rates may be obtained from Deb Donning, Rules Coordinator, at djm@uoregon.edu or 541-346-3013.

      Other proposed amendments can be found at the following
website: http://brp.uoregon.edu/fees.

Rules Coordinator: Deb Donning

Address: Oregon University System, University of Oregon, 1226 University of Oregon, Eugene, OR 97403

Telephone: (541) 346-3082

Secretary of State,
Elections Division
Chapter 165

Rule Caption: Adopting and Amending Rules Involving Contested Case Hearings.

Stat. Auth.: ORS 246.150

Stats. Implemented: ORS 260.232 & 260.995

Proposed Adoptions: 165-001-0009, 165-001-0016, 165-001-0034, 165-001-0036

Proposed Amendments: 165-001-0015, 165-001-0040

Last Date for Comment: 3-24-11

Summary: OAR 165-001-0009 is proposed for adoption to incorporate into rule definitions of “Charging Document” and “Agency” when used in Division 1.

      OAR 165-001-0015 is proposed for amendment to clarify and make uniform the rule language.

      OAR 165-001-0016 is proposed for adoption to require an individual requesting a contested case hearing in person or by telephone to submit to the Secretary of State Elections Division a written response to the allegations in the charging document.

      OAR 165-001-0034 is proposed for adoption to require an individual submitting notarized testimony in lieu of a contested case hearing to submit to the Secretary of State Elections Division a written response to the allegations in the charging document.

      OAR 165-001-0036 is proposed for adoption to allow an Elections Division employee to represent the agency in certain contested case hearings.

      OAR 165-001-0040 is proposed for amendment to prohibit any evidence from being presented at a contested case hearing that was not raised in the charging document or in the written response to the charging document.

Rules Coordinator: Brenda Bayes

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

Telephone: (503) 986-1518

 

Rule Caption: Amendment of the 2010 Campaign Finance Manual.

Stat. Auth.: ORS 246.120, 246.150, 246.160 & 260.200

Stats. Implemented: ORS 260.005, 260.007, 260.035, 260.037, 260.038, 260.039, 260.041, 260.042, 260.043, 260.044, 260.045, 260.046, 260.049, 260.054, 260.055, 260.056, 260.057, 260.076, 260.078, 260.083, 260.085, 260.102, 260.112, 260.118, 260.156, & 260.232

Proposed Amendments: 165-012-0005

Last Date for Comment: 3-24-11

Summary: This proposed amendment revises the 2010 Campaign Finance Manual by updating the hearing procedures used for a late or insufficient filing to require an individual requesting a contested case hearing in person or by telephone to submit to the Secretary of State Elections Division a written response to the allegations in the charging document. Additionally the hearing procedures are proposed for amendment to require an individual submitting notarized testimony in lieu of a contested case hearing to submit to the Secretary of State Elections Division a written response to the allegations in the charging document.

Rules Coordinator: Brenda Bayes

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

Telephone: (503) 986-1518

 

Rule Caption: Amendment to Penalty Matrix for Other Campaign Finance Violations.

Stat. Auth.: ORS 246.150 & 260.200

Stats. Implemented: ORS 260.200, 260.215, 260.232 & 260.995

Proposed Amendments: 165-013-0010

Last Date for Comment: 3-24-11

Summary: This rule is proposed for amendment to update the Penalty Matrix for Campaign Finance Civil Penalty Election Law Violations to reflect that the maximum penalties allowed under ORS 260.995 will be assessed for violations contained in the penalty matrix. The proposed amendment also provides for a 50% reduction in penalty assessed if omitted or insufficient information for a violation of ORS 260.039(4), ORS 260.042(4) or ORS 260.118(3) is submitted.

Rules Coordinator: Brenda Bayes

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

Telephone: (503) 986-1518

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

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

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

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