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.
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.
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