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Oregon Bulletin

March 1, 2012

NOTICES OF PROPOSED RULEMAKING AND
PROPOSED RULEMAKING HEARINGS

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

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

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

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

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


Board of Chiropractic Examiners, Chapter 811

Rule Caption: Changes chiropractic assistant application fees to non-refundable and establishes a retention schedule for inactive applications.

Date: Time: Location:

5-17-12  2 p.m. OBCE Administrative Office  3218 Pringle Rd. SE, Suite 150  Salem, OR 97302

Hearing Officer: Dave McTeague

Stat. Auth.: ORS 684

Stats. Implemented: ORS 684.054 (3) & 684.155(c)(A)

Proposed Amendments: 811-010-0110

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

Summary: Changes chiropractic assistant application fees to non-refundable and establishes a retention schedule for inactive applications.

 (4) The Board shall maintain an incomplete application file for one year from the date the application was received; afterward, applicants will need to re-apply.

Rules Coordinator: Donna Dougan

Address: Board of Chiropractic Examiners, 3218 Pringle Rd. SE, Suite 150, Salem, OR 97302

Telephone: (503) 373-1579


Board of Medical Imaging, Chapter 337

Rule Caption: Specifies limit on temporary license renewal and the process for issuance before graduation.

Date: Time: Location:

3-22-12  4 p.m. Portland State Office Bldg.   Rm. 445  800 NE Oregon St.  Portland, OR

Hearing Officer: Ed Conlow

Stat. Auth.: ORS 688.405–688.605

Stats. Implemented: ORS 688.520

Proposed Amendments: 337-010-0045

Last Date for Comment: 3-30-12, 4:30 p.m.

Summary: This rules amendment completes two actions:

 1. Specifies that a medical imaging student may be approved by the board to utilize a temporary license to work in the practice of medical imaging beginning three months prior to graduation, if a letter is submitted by the director of the student’s school to the board of medical imaging to indicate that 1) the student is in good standing; 2) the student is in the process of meeting educational requirements for graduation on a date specified; and 3) the student is competent to work under supervision.

 2. Specifies that the board may renew a six-month temporary license one time only.

Rules Coordinator: Ed Conlow

Address: Board of Medical Imaging, 800 NE Oregon St., Suite 1160A, Portland, OR 97232

Telephone: (971) 673-0216


Board of Pharmacy, Chapter 855

Rule Caption: Adopt/amend rules related to Drug Outlet conduct, Pharmacy Depots, Technician Checking Validation Programs etc.

Date: Time: Location:

3-22-12  9:30 a.m. 800 NE Oregon St.  Conf. Rm. 1A  Portland, OR 97232

Hearing Officer: Courtney Frank

Stat. Auth.: ORS 689.151, 689.155(2), 689.205 & 689.225(4)

Stats. Implemented: ORS 689.151, 689.155, 689.205 & 689.225

Proposed Adoptions: 855-041-0016, 855-041-5100, 855-041-5120, 855-041-5130, 855-041-5140, 855-041-5150, 855-041-5160, 855-041-5170

Proposed Amendments: 855-041-0095

Proposed Repeals: 855-041-0110

Proposed Ren. & Amends: 855-041-0105 to 855-041-5005, 855-041-0115 to 855-041-5015

Last Date for Comment: 3-22-12, 4:30 p.m.

Summary: The Board amends, adopts, repeals and renumbers a variety of rules in Division 041. The Div. 041 Pharmacy Depot Rules previously amended in December 2011 are amended to further clarify where a patient may designate delivery of a prescription. The Div. 041 Residential Drug Outlet rules are renumbered, amended and repealed to update rules that have not been updated since 1990. The Div 041 Drug Outlet conduct rules are new rules that define the Grounds for Discipline for outlets that fail to provide a working environment that protects the health, safety and welfare of patients. The Div 041 Technician Checking Validation Program (TCVP) rules will allow hospitals to implement TCVP’s to allow the redirection of a pharmacist from a distributive task to a cognitive task.

Rules Coordinator: Karen MacLean

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

Telephone: (971) 673-0001


Board of Psychologist Examiners, Chapter 858

Rule Caption: Modifies educational requirements for licensure and application procedures; adds licensure by endorsement; modifies investigation procedures.

Date: Time: Location:

3-30-12  9 a.m. 3218 Pringle Rd. SE  Salem, OR 97302

Hearing Officer: Debra McHugh

Stat. Auth.: ORS 675.010–675.150

Stats. Implemented: ORS 675.030, 675.065 & 675.110

Proposed Amendments: 858-010-0001, 858-010-0010, 858-010-0011, 858-010-0012, 858-010-0013, 858-010-0015, 858-010-0016, 858-010-0017, 858-010-0020, 858-010-0025, 858-010-0030, 858-010-0036, 858-010-0037, 858-010-0038, 858-010-0039, 858-020-0045, 858-030-0005

Proposed Repeals: 858-020-0065, 858-020-0095

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

Summary: Defines “practicum.” Modifies the educational requirements for licensure for applicants who possess a doctoral degree from a program accredited by the American Psychological Association or the Canadian Psychological Association. Removes requirement that doctoral degree program must have authorization to operate in Oregon by the Office of Degree Authorization. Modifies and makes corrections to the standard application procedure. Removes the “non-standard” application procedure and replaces it with “Licensure by Endorsement.” Creates new application procedures for applicants licensed as a psychologist in another jurisdiction. Removes incorrect references to “clinical” titles. Establishes that complete applications will be archives two years after approval. Establishes that a third failed Examination for Professional Practice (EPPP) in Psychology will result in application denial. Adds provision for refund of the jurisprudence exam fee in extraordinary circumstances. Removes the requirement that the respondent be notified when a complaint is filed. repeals the complaint disposition procedures of 858-020-0065 and 858-020-0095. Also includes various minor housekeeping items.

Rules Coordinator: Debra Orman McHugh

Address: Board of Psychologist Examiners, 3218 Pringle Rd. SE, Suite 130, Salem, OR 97302

Telephone: (503) 378-4154


Department of Agriculture, Chapter 603

Rule Caption: Establishes treatment and labeling requirements for firewood imported from outside the Pacific Northwest.

Date: Time: Location:

3-15-12  11 a.m. OR Dept. of Agriculture  Hearing Rm.  635 Capitol St. NE  Salem, OR

Hearing Officer: Jim Johnson

Stat. Auth.: ORS 561.305, 561.510 & 570.720

Other Auth.: ORS 561.190

Stats. Implemented: ORS 570.720

Proposed Adoptions: 603-052-1080, 603-052-1090

Last Date for Comment: 3-31-12

Summary: The purpose of this proposed rule is to prevent the introduction of wood boring pests and plant diseases in imported firewood. invasive species including emerald ash borer, Asian longhorned beetle, and sudden oak death can by vectored by firewood. The rule would require that firewood imported from outside the Pacific Northwest (OR, WA, ID) be heat-treated and labeled. The required treatment would be 56C (133 F) for 30 minutes. Firewood treated in this manner could be labeled as “Approved Pest-Free.” Violators would be subjected to civil penalties, ranging from a Notice of Violation to a $10,000 fine, depending on the severity of the infraction.

Rules Coordinator: Sue Gooch

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

Telephone: (503) 986-4583


 

Rule Caption: Amends OAR 603-024-0211 to adopt 2009 revision of Grade A Pasteurized Milk Ordinance.

Date: Time: Location:

3-23-12  9 a.m. Dept. of Agriculture  635 Capitol St. NE  Salem, OR 97301

Hearing Officer: Eric Edmunds

Stat. Auth.: ORS 561.020 & 621.060

Stats. Implemented: ORS 621.058

Proposed Amendments: 603-024-0211

Last Date for Comment: 3-27-12, 5 p.m.

Summary: The administrative rule currently refers to the 2003 version of the Pasteurized Milk Ordinance (PMO) and related documents. The amendment updates the rule by referring to the 2009 version of the PMO and related documents to maintain consistency with federal standards.

Rules Coordinator: Sue Gooch

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

Telephone: (503) 986-4583


 

Rule Caption: Licensing exemptions for slaughter of 1,000 poultry or fewer per year while meeting other conditions.

Date: Time: Location:

3-21-12  3 p.m. Dept. of Agriculture  635 Capitol St. NE  Salem, OR 97301

Hearing Officer: Eric Edmunds

Stat. Auth.: ORS 561.020, 561.190, 616.835 & 619.046

Other Auth.: Enrolled HB 2872

Stats. Implemented: ORS 561.020, 603.085, 616.835, 619.046 & Enrolled HB 2872

Proposed Adoptions: 603-028-0710, 603-028-0715, 603-028-0720, 603-028-0725, 603-028-0730, 603-028-0735, 603-028-0740

Last Date for Comment: 3-22-12, 5 p.m.

Summary: The proposed rule create exemption from food establishment license requirements for a person that slaughters no more than 1,000 poultry per year. The person must raise the poultry from two weeks of age or younger, and the poultry must be free from disease and used as human food. The person must slaughter the poultry at a slaughter facility on his or her premises, and the poultry is subject to interstate commerce restrictions.

 The rules implement HB 2872 by providing an exemption with sanitation standards for poultry businesses that sell poultry from the farm and at farmers markets, and also provide an exemption which clarifies the required sanitation standards for poultry businesses that limit themselves to on-farm sales. All exempted poultry business must maintain sanitation and sales records that will be made available to the Department of Agriculture upon request.

Rules Coordinator: Sue Gooch

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

Telephone: (503) 986-4583


Department of Agriculture, Oregon Strawberry Commission, Chapter 668

Rule Caption: Amend 668-030-0020 “Two members will be handlers” to “One member will be a handler.”

Date: Time: Location:

3-16-12  1:30 p.m. 4845 B SW Dresden Ave.  Corvallis, OR 97333

Hearing Officer: Philip Gutt

Stat. Auth.: ORS 576

Stats. Implemented: ORS 576

Proposed Amendments: 668-030-0020

Last Date for Comment: 3-16-12, 5 p.m.

Summary: Amend OAR 668-030-0020 (2c) “Two members will be handlers” to state “One member will be a handler”.

 This proposed rule will allow the Oregon Strawberry Commission to consist of seven commissioners to be appointed by the Oregon Department of Agriculture with the commission consisting of a majority of the members being producers, one member being a public member, and one member being a handler.

Rules Coordinator: Rachel Denue

Address: Department of Agriculture, Oregon Strawberry Commission, 4845 B SW Dresden Ave., Corvallis, OR 97333

Telephone: (541) 758-4043


 

Rule Caption: Amend 668-010-0015 to change the assessment reporting months for the current reporting deadline dates.

Date: Time: Location:

3-16-12  2 p.m. 4845 B SW Dresden Ave.  Corvallis, OR 97333

Hearing Officer: Philip Gutt

Stat. Auth.: ORS 576

Stats. Implemented: ORS 576.325, 576.335, 576.345

Proposed Amendments: 668-010-0015

Last Date for Comment: 3-16-12, 5 p.m.

Summary: Amend OAR 668-010-0015 (a) “January, February, March, April reported by May 15th” to state “December, January, February, March reported by May 15th”.

 Amend OAR 668-010-0015 (b) “May, June, July, August reported by September 15th” to state “April, May, June, July reported by September 15th”.

 Amend OAR 668-010-0015 (c) “September, October, November, December reported by January 15th” to state “August, September, October, November reported by January 15th”.

 This proposed rule change will allow the commodity commission to collect complete and signed assessment reports on approved forms by first purchasers and handlers for the four months prior to the reporting deadline and give the first purchasers and handlers adequate time to submit their assessment reports for each deadline of the four month reporting periods.

Rules Coordinator: Rachel Denue

Address: Department of Agriculture, Oregon Strawberry Commission, 4845 B SW Dresden Ave., Corvallis, OR 97333

Telephone: (541) 758-4043


Department of Consumer and Business Services, Insurance Division, Chapter 836

Rule Caption: Annual Update of Rule Relating to Health Insurance Coverage of Prosthetic and Orthotic Devices.

Stat. Auth.: ORS 731.244 & 743A.144

Stats. Implemented: ORS 743A.144

Proposed Amendments: 836-052-1000

Last Date for Comment: 3-28-12, Close of Business

Summary: This rulemaking adopts the annual update to the Insurance Division rule listing the prosthetic and orthotic devices that must be covered by group and individual health insurance policies. The rulemaking implements ORS 743A.144, which requires all such policies that provide coverage for hospital, medical or surgical expenses to include coverage for prosthetic and orthotic devices.

Rules Coordinator: Sue Munson

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

Telephone: (503) 947-7272


Department of Energy, Energy Facility Siting Council, Chapter 345

Rule Caption: Rules implementing the Council’s regulatory authority for siting energy facilities and other matters.

Date: Time: Location:

4-25-12  9 a.m. Oregon Dept. of Energy  625 Marion St. NE  Salem, OR

Hearing Officer: Jo Morgan

Stat. Auth.: ORS 469.470 & 469.992

Other Auth.: OAR 345-001-0000

Stats. Implemented: ORS 469.300–469.619 & 469.992

Proposed Amendments: 345-001-0005, 345-001-0010, 345-001-0030, 345-001-0050, 345-011-0020, 345-011-0050, 345-015-0014, 345-015-0085, 345-015-0110, 345-015-0120, 345-015-0160, 345-015-0180, 345-015-0190, 345-015-0220, 345-015-0230, 345-015-0240, 345-015-0300, 345-015-0310, 345-020-0011, 345-020-0016, 345-020-0040, 345-021-0000 , 345-021-0010, 345-021-0050, 345-021-0055, 345-021-0090, 345-022-0020, 345-022-0080, 345-023-0005, 345-023-0030, 345-023-0040, 345-024-0015, 345-024-0550, 345-024-0560, 345-024-0570, 345-024-0590, 345-024-0600, 345-024-0610, 345-024-0620, 345-024-0630, 345-024-0640, 345-024-0680, 345-024-0710, 345-024-0720, 345-026-0080, 345-026-0170, 345-027-0020, 345-027-0023, 345-027-0028, 345-027-0030, 345-027-0050, 345-027-0060, 345-027-0070, 345-027-0080, 345-027-0090, 345-027-0100, 345-027-0110, 345-027-0210, 345-027-0220, 345-027-0230

Last Date for Comment: 4-25-12, Close of Hearing

Summary: In this rulemaking, the Energy Facility Siting Council (Council) will review Chapter 345 Divisions 1, 11, 15, 20, 21, 22, 23, 24, 26 and 27. The proposed amendments are to make corrections, modify procedures to increase efficiency and make minor word changes. The Council will correct cross-references, conform the rules to changes in Oregon statutes that have occurred since the last review, and clarify procedures based on knowledge gained from recent energy facility siting experience. Amendments to accomplish these purposes would affect the rules listed above. The proposed amendments are available online for public review at www.oregon.gov/ENERGY/SITING/announce.shtml

 A public hearing will be held on April 25, 2012 at 9:00 AM. The deadline for submission of written comments is the close of the hearing as determined by the hearing officer. In addition, the Council will accept oral public comments, but no further written comments, at a later Council meeting when the Council takes final action on the proposed amendments.

Rules Coordinator: Kathy Stuttaford

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

Telephone: (503) 378-4128


Department of Environmental Quality, Chapter 340

Rule Caption: Title V operating permit fee increases authorized in statute.

Date: Time: Location:

3-21-12  4 p.m. 811 SW 6th Ave.  Portland, OR 97204

Hearing Officer: DEQ Staff

Stat. Auth.: ORS 468.020, 468.065, 468A.025, 468A.040, 468A.050, 468A.310 & 468A.315

Other Auth.: 42 U.S.C. § 766a(b)

Stats. Implemented: ORS 468 & 468A

Proposed Amendments: 340-215-0060, 340-220-0030, 340-220-0040, 340-220-0050

Last Date for Comment: 3-26-12, 5 p.m.

Summary: The proposed rulemaking would increase Title V operating permit fees by the change in the Consumer Price Index authorized by federal and state law. The fee increases are necessary to cover the reasonable costs associated with DEQ’s operation of Oregon’s Title V program.

 The proposed amendments to the Title V operating permits would increase base fees under OAR 340-220-0030, emission fees under OAR 340-220-0040 and specific activity fees under OAR 340-220-0050. If amended, the fee increases would affect the 2012 and 2013 invoice years for the 2012-13 and 2013-14 operating periods. Fees would increase by about 2.4% for the 2012 invoice year. DEQ calculated the estimated fees for the 2013 invoice year using the 2011 change in the CPI. DEQ will calculate the 2013 fee when the United States Department of Labor, Bureau of Labor Statistics publishes the 2012 CPI change in September 2012.

 The proposed amendments to make administrative corrections to OAR 340-215-0060, concerning greenhouse gas reporting fees, by correcting references to 340-215-0030 and 340-220-0050.

Rules Coordinator: Maggie Vandehey

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

Telephone: (503) 229-6878


Department of Fish and Wildlife, Chapter 635

Rule Caption: Amend Rules for Commercial Crab Fisheries.

Date: Time: Location:

4-20-12  8 a.m. 3406 Cherry Ave. NE  Salem, OR 97303

Hearing Officer: Fish & Wildlife Commission

Stat. Auth.: ORS 506.109 & 506.119

Stats. Implemented: ORS 506.109, 506.129, 508.760, 508.762 & 508.921–508.941

Proposed Adoptions: Rules in 635-005, 635-006

Proposed Amendments: Rules in 635-005, 635-006

Proposed Repeals: Rules in 635-005, 635-006

Last Date for Comment: 4-20-12, Close of Hearing

Summary: These rule amendments increase the clarity and enforceability of Oregon’s commercial Dungeness crab fishery regulations. The modifications will:
(1) Require buoy tags on crab rings that are fished in the Pacific Ocean or Columbia River; (2) Allow crab permitted vessels to retain crab taken while recovering derelict gear; (3) Clarify that vessels must be either en route to or returning from participating in another state’s crab fishery to qualify as a “transiting” vessel; and
(4) Minimize the number of rule modifications needed in the temporary rule process when crab season openings are delayed in one or more fishing areas.

Rules Coordinator: Therese Kucera

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

Telephone: (503) 947-6033


 

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

Date: Time: Location:

4-20-12  8 a.m. 3406 Cherry Ave. NE  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: 4-20-12, Close of Business

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: Amendments to the Sauvie Island Wildlife Area Management Plan.

Date: Time: Location:

4-20-12  8 a.m. 3406 Cherry Ave. NE  Salem, OR 97303

Hearing Officer: Fish & Wildlife Commission

Stat. Auth.: ORS 496.012, 496.138, 496.146 & 497.071

Stats. Implemented: ORS 496.012, 496.138, 496.146 & 497.071

Proposed Amendments: 635-008-0146

Last Date for Comment: 4-20-12

Summary: Amendments to Oregon Administrative Rules for the Sauvie Island Wildlife Areas Management Plan. Amendments will guide management activities for the next 10 years.

Rules Coordinator: Therese Kucera

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

Telephone: (503) 947-6033


 

Rule Caption: Amend Division 008 and 010 to bring into compliance with new Habitat Conservation Stamp rules.

Date: Time: Location:

4-20-12  8 a.m. 3406 Cherry Ave. NE  Salem, OR 97303

Hearing Officer: Fish & Wildlife Commission

Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.071 & HB 2127 (2011) (2011 OL Ch. 50)

Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.071 & HB 2127 (2011) (2011 OL Ch. 50)

Proposed Amendments: 635-008-0151, 635-010-0170

Last Date for Comment: 4-20-12

Summary: Adopted by the 2011 Oregon State Legislature (HB 2127), the Habitat Conservation Stamp allows Oregonians to purchase an annual stamp to benefit conservation of Oregon’s native species and habitats. Stamps sell for $40 a year and include a free ODFW Wildlife Area Parking Pass (a $22 value). This will amend division 008-0151 to add the Habitat Conservation Stamp to the list of documents that include a free annual parking permit.

 Amendment of division 010-0170 allows Oregonians to purchase an annual stamp via mail order, fax or internet and will add the Habitat Conservation Stamp as a postal delivery document. These documents will also allow daily and annual ODFW Wildlife Area Parking Permits to be purchased via mail order, fax or internet.

Rules Coordinator: Therese Kucera

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

Telephone: (503) 947-6033


 

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

Date: Time: Location:

4-20-12  8 a.m. Oregon Dept. of Fish & Wildlife  3406 Cherry Ave. NE,  Salem, OR 97303

Hearing Officer: Fish & Wildlife Commission

Stat. Auth.: ORS 496.138, 496.146, 496.162, 506.036, 506.109, 506.119 & 506.129

Stats. Implemented: ORS 496.162, 506.109, 506.129 & 508.921–508.941

Proposed Adoptions: Rules in 635-004, 635-006, 635-039

Proposed Amendments: Rules in 635-004, 635-006, 635-039

Proposed Repeals: Rules in 635-004, 635-006, 635-039

Last Date for Comment: 4-20-12, Close of Hearing

Summary: Amendments to Oregon’s regulations for sport and commercial halibut and commercial sardine fisheries will bring the State concurrent with federally adopted regulations. Modifications establish 2012 seasons and/or quotas for these fisheries. Additionally, some modifications either change or remove sardine permit renewal requirements. 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: Nursing Facilities — Annual License Renewal.

Date: Time: Location:

3-19-12  1 p.m. 500 Summer St. NE, Rm. 160  Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 410.070, 441.025, & 441.060

Other Auth.: HB 2054 (2011 Regular Session), 2011 OL Ch. 35

Stats. Implemented: ORS 441.025 & 441.060

Proposed Amendments: 411-085-0010, 411-085-0015

Last Date for Comment: 3-21-12, 5 p.m.

Summary: To implement House Bill 2054 (2011 Regular Session), the Department of Human Services (Department) is proposing to amend OAR 411-085-0010 and 411-085-0015 relating to the licensing of nursing facilities to:

 • Change the nursing facility license renewal date from calendar year to annually;

 • Require substantial compliance with on-site inspections for license renewal; and

 • Authorize delay of annual facility license renewal until substantial compliance is certified following an on-site inspection.

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 Public Safety Standards and Training, Chapter 259

Rule Caption: Update all definitions to ensure consistency with statute; Update Correctional Officer, Add DPSST, Update Recall.

Stat. Auth.: ORS 181.640

Stats. Implemented: ORS 181.640

Proposed Amendments: 259-008-0005

Last Date for Comment: 3-21-12, Close of Business

Summary: The 2011 legislative session saw many changes to the Department of Public Safety Standards and Training definitions. SB 76 updated the definition of correctional officer to include supervisors and managers of correctional officers. SB 405 and SB 412 expanded the definition of law enforcement unit and police officer to include universities with police departments and tribal governments.

 All definitions have been reviewed to ensure consistency between ORS 181.610 and Oregon Administrative Rule. As a result, district attorney’s offices/investigators and animal care agencies/agent were added to the definition of law enforcement unit/police officer and certified reserve officers were added to the definition of public safety professional.

 Finally, housekeeping changes were made for clarity. The acronym “DPSST” was defined because it is used throughout the Chapter 259, Division 008 rule set. Also, the definition of “recall” was updated to include any administrative requirements that might be required to restore certification.

Rules Coordinator: Linsay Hale

Address: Department of Public Safety Standards and Training, 4190 Aumsville Hwy SE, Salem, OR 97317

Telephone: (503) 378-2431


 

Rule Caption: Clarifies the maintenance process for part-time parole and probation officers.

Stat. Auth.: ORS 181.640 & 181.653

Stats. Implemented: ORS 181.640 & 181.653

Proposed Amendments: 259-008-0066

Last Date for Comment: 3-21-12, Close of Business

Summary: This rule update clarifies the maintenance process for part-time parole and probation officers. The language and procedures are updated to mirror the language and procedures used for the maintenance cycles of police officers and telecommunicators/emergency medical dispatchers.

Rules Coordinator: Linsay Hale

Address: Department of Public Safety Standards and Training, 4190 Aumsville Hwy SE, Salem, OR 97317

Telephone: (503) 378-2431


 

Rule Caption: Allow for telecommunicators/emergency medical dispatchers to meet pre-certification hearing standards with correction.

Stat. Auth.: ORS 181.640, 181.644 & 183.341

Stats. Implemented: ORS 181.640, 181.644 & 183.341

Proposed Amendments: 259-008-0011

Last Date for Comment: 3-21-12, Close of Business

Summary: Current rule language requires telecommunicator and emergency medical dispatcher applicants to meet the National Emergency Number Association (NENA) hearing standard 54-002 for uncorrected hearing loss. There is no language in the standard allowing for applicants to re-test with correction, making it necessary to request a medical waiver when the standard could have been met with amplification devices. This rule update would allow applicants to re-test with corrective devices allowing them to meet the NENA hearing standard.

Rules Coordinator: Linsay Hale

Address: Department of Public Safety Standards and Training, 4190 Aumsville Hwy SE, Salem, OR 97317

Telephone: (503) 378-2431


 

Rule Caption: Update list of persons exempt from regulation as private security providers. (SB 635 and SB 878)

Stat. Auth.: ORS 181.873, 181.871 & 181.878

Stats. Implemented: ORS 181.873, 181.871 & 181.878

Proposed Amendments: 259-060-0015

Last Date for Comment: 3-21-12, Close of Business

Summary: SB 635 and SB 878 passed during the 2011 legislative session. Both bills update the list of persons exempt from regulation as private security providers. SB 635 adds to the exemption list persons who provide security services for non-profit organizations and students of community colleges contributing to campus security. SB 878 clarifies the definition of alarm monitor and crowd management.

Rules Coordinator: Linsay Hale

Address: Department of Public Safety Standards and Training, 4190 Aumsville Hwy SE, Salem, OR 97317

Telephone: (503) 378-2431


 

Rule Caption: Revise requirements for Fire Ground Leader certification.

Stat. Auth.: ORS 181.640

Stats. Implemented: ORS 181.640

Proposed Amendments: 259-009-0062

Last Date for Comment: 3-21-12, Close of Business

Summary: This rule change updates the Oregon-specific Fire Ground Leader standard as a result of significant changes to the NFPA Fire Officer standard which allows individuals to achieve the educational requirements for NFPA Fire Officer I within their home agencies.

Rules Coordinator: Linsay Hale

Address: Department of Public Safety Standards and Training, 4190 Aumsville Hwy SE, Salem, OR 97317

Telephone: (503) 378-2431


 

Rule Caption: Separate Wildland Interface Fire Fighter into two levels of certification (FFT1 and FFT2).

Stat. Auth.: ORS 181.640

Stats. Implemented: ORS 181.640

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

Last Date for Comment: 3-21-12, Close of Business

Summary: Since it’s adoption into administrative rule, the National Wildfire Coordinating Group (NWCG) has made changes to the Wildland Interface Fire Fighter Standards which presented difficulties for the Oregon fire service in relation to supervision component in the FFT1 task book. To remedy this, this rule update separates Wildland Interface Fire Fighter into two levels of certification: Wildland Interface Fire Fighter (FFT2) and Advanced Wildland Interface Fire Fighter (FFT1).

Rules Coordinator: Linsay Hale

Address: Department of Public Safety Standards and Training, 4190 Aumsville Hwy SE, Salem, OR 97317

Telephone: (503) 378-2431


 

Rule Caption: Clarifies the process for retired public safety professionals to receive retirement cards.

Stat. Auth.: ORS 176.260 & 181.640

Stats. Implemented: ORS 176.260 & 181.640

Proposed Amendments: 259-008-0100

Last Date for Comment: 3-21-12, Close of Business

Summary: The rule updates clarifies the process for retired public safety professionals to receive retirement cards.

Rules Coordinator: Linsay Hale

Address: Department of Public Safety Standards and Training, 4190 Aumsville Hwy SE, Salem, OR 97317

Telephone: (503) 378-2431


Department of Transportation, Motor Carrier Transportation Division, Chapter 740

Rule Caption: Provides exception to allow commercial motor carrier passenger vehicles to haul trailers.

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

Stats. Implemented: ORS 825.210 & 825.255

Proposed Amendments: 740-100-0230

Last Date for Comment: 3-21-12, Close of Business

Summary: This rule prohibits a commercial motor vehicle (CMV) that transports passengers from using a trailer unless written authorization is obtained through the Department. The rule was intended to eliminate passengers from being transported in trailers attached to busses for safety reasons; however, a literal reading of the current rule prohibits a pickup truck, which has the capability to transport passengers, from pulling a trailer without authorization. The revisions clarify the original intent of this rule to prohibit a person from using a passenger-carrying commercial motor vehicle (bus or van) to transport passengers in a trailing vehicle. Other revisions establish criteria regarding when authorization from the Department is needed for a passenger-carrying commercial motor vehicle to operate with a trailing vehicle. Authorization is not needed for a passenger-carrying CMV if the trailer does not exceed 8,000 pounds, does not exceed the manufacturer’s gross vehicle weight rating and does not transport passengers. The proposed changes are needed because there are a number of motor carriers that, for example, use passenger-carrying CMVs in combination with trailers to transport passengers in the CMV and transport equipment or supplies on a trailer to a job site. Such operations do not normally create a safety hazard and should be allowed without written authorization from the Department. An existing allowance in the rule that allows passengers to be transported in special equipment is not changed.

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171


Mortuary and Cemetery Board, Chapter 830

Rule Caption: Implements statutory requirements related to dissolution, alternative disposition facilities; updates industry practices, uses plain language.

Date: Time: Location:

3-15-12  9 a.m. 800 NE Oregon St. NE, Suite 445  Portland, OR 97232

Hearing Officer: Lynne Nelson

Stat. Auth.: ORS 692.320 & 97.931

Stats. Implemented: ORS 692.010, 692.275, 692.160 & 692.190

Proposed Amendments: 830-011-0000, 830-011-0020, 830-011-0050, 830-011-0070, 830-020-0020, 830-020-0030, 830-020-0040, 830-020-0050, 830-030-0000, 830-030-0008, 830-030-0010, 830-030-0030, 830-030-0040, 830-030-0050, 830-030-0090, 830-030-0100, 830-040-0000, 830-040-0010, 830-040-0020, 830-040-0040, 830-040-0050

Last Date for Comment: 3-15-12, 4 p.m.

Summary: The amendments implement changes to the Agency’s statutory authority from 2009 Or Laws c. 706, including changes that allow it to license and regulate alternative disposition facilities. The amendments clarify recordkeeping requirements for licensed facilities. The amendments acknowledge changes in education and technology in the industry, including amendments to the requirements for completion and supervision of apprenticeships. The amendments amend the scope of practice for an immediate disposition company. The amendments use plain language.

Rules Coordinator: Lynne Nelson

Address: Mortuary and Cemetery Board, 800 NE Oregon St., Suite 430, Portland, OR 97232

Telephone: (971) 673-1503


Oregon Business Development Department, Chapter 123

Rule Caption: The Water/Wastewater rules have been amended to reflect changes in the definitions and appeals and exceptions.

Stat. Auth.: ORS 285B.563 & 285A.075

Stats. Implemented: ORS 285B.560–285B.599

Proposed Amendments: 123-043-0010, 123-043-0025, 123-043-0115

Proposed Repeals: 123-043-0010(T), 123-043-0025(T), 123-043-0115(T)

Last Date for Comment: 3-21-12

Summary: The Water/Wastewater rules include updating the definition of “project” as well as adding language to the Appeals and Exceptions rule to allow for the director or his designee to waive non-statutory requirements.

Rules Coordinator: Mindee Sublette

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

Telephone: (503) 986-0036


 

Rule Caption: Development of new rules for the Business Retention and Expansion Program established in 2011 Legislative Session through SB 219.

Stat. Auth.: ORS 285A.075, 285B & OL 549

Other Auth.: OL Ch. 549, Sec. 1-8 & 10-11

Stats. Implemented: ORS 285B

Proposed Adoptions: 123-091-0001, 123-091-0010, 123-091-0015, 123-091-0020, 123-091-0025, 123-091-0030

Last Date for Comment: 3-21-12

Summary: The Business Retention and Expansion Program (OBEP) was established through SB 219 in the 2011 Legislative Session. Business Oregon, through OBEP, will provide forgivable loans to certified employers to allow for expanded operations and increased hiring. These rules establish criteria for eligibility of funding and describe the loan agreement.

Rules Coordinator: Mindee Sublette

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

Telephone: (503) 986-0036


 

Rule Caption: These rules are have been amended to update the limitations for unanticipated amendments.

Stat. Auth.: ORS 285A.075

Stats. Implemented: ORS 285B.75 & 279A.070

Proposed Amendments: 123-006-0035

Last Date for Comment: 3-21-12

Summary: These rules have been amended to update the limitations for unanticipated amendments for contracts as well as removing the 90 day limit to request for reinstatement of an expired contract.

Rules Coordinator: Mindee Sublette

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

Telephone: (503) 986-0036


 

Rule Caption: These new rules are being adopted to implement the Manufacturing Business Energy Tax Credit Program.

Stat. Auth.: ORS 285C.540–285C.559 & 315.341

Other Auth.: 2011 OL Ch. 474

Stats. Implemented: ORS 285C.540–285C.559 & 315.341

Proposed Adoptions: 123-600-0100, 123-600-0105, 123-600-0110, 123-600-0120, 123-600-0130, 123-600-0135, 123-600-0140, 123-600-0150, 123-600-0250

Last Date for Comment: 3-21-12

Summary: In the 2011 Legislative Session, the passage of Oregon HB 2325 transferred the duties of the Business Energy Tax Credit for renewable energy resource equipment manufacturing program from the Oregon Department of Energy to Business Oregon. These rules implement the program.

Rules Coordinator: Mindee Sublette

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

Telephone: (503) 986-0036


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

Rule Caption: Patient-Centered Primary Care Home program revisions and clarifications.

Date: Time: Location:

3-19-12  10 a.m. 500 Summer St. NE, Rm. 137C  Salem, OR 97301,

Hearing Officer: Cheryl Peters

Stat. Auth.: ORS 413.042, 414.065 & 413.032

Stats. Implemented: ORS 414.065, 413.032 & 413.042

Proposed Amendments: 410-141-0860, 410-147-0362, 410-146-0020

Proposed Repeals: 410-141-0860(T), 410-147-0362(T), 410-146-0020(T)

Last Date for Comment: 3-21-12, Close of Business

Summary: The Division will permanently amend OAR 410-141-0860 to modify the Oregon Health Plan Primary Care Manager provider qualification and enrollment criteria to include Patient Centered Primary Care Homes. The Division also will permanently amend 410-146-0020 in the American Indian/Alaska Native Program and 410-147-0362 in the Federally Qualified Health Clinics/Rural Health Clinics Program, filed in conjunction with and referencing the more detailed 410-141-0860.

Rules Coordinator: Cheryl Peters

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

Telephone: (503) 945-6527


 

Rule Caption: CHIP Prenatal care expansion program to include Umatilla county.

Date: Time: Location:

3-19-12  10 a.m. 500 Summer St. NE, Rm. 137C  Salem, OR 97301

Hearing Officer: Cheryl Peters

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 414.025 & 414.065

Proposed Amendments: 410-120-0030

Last Date for Comment: 3-21-12, Close of Business

Summary: The General Rules Program administrative rules govern Division of Medical Assistance Programs’ (Division ) payments for services provided to clients. The Division needs to amend 410-120-0030 to add an additional county to participate in the prenatal care expansion project implemented April 1, 2008. Subject to the Centers for Medicare and Medicaid Services (CMS) approval, the Division added Umatilla county providing prenatal care during pregnancy and labor and delivery services for CAWEM women, to be effective on or before April 1, 2012. Early prenatal care positively influences healthy outcomes for both mother and child to mitigate adverse outcomes of high-risk pregnancies and is an accepted standard of care. Lack of access to prenatal care may result in increased risk at birth and in infancy for children, and may result in increased costs of medical care to the state. This program is operated under an amendment to Oregon’s State Children’s Health Insurance Program (CHIP) plan. Oregon anticipates receiving federal approval for the expansion, effective on or before April 1, 2012. Text within this rule specifies effective dates for each county.

Rules Coordinator: Cheryl Peters

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

Telephone: (503) 945-6527


 

Rule Caption: Amending to update HCPCS codes, and clarify when documentation is required for authorization.

Date: Time: Location:

3-19-12  10 a.m. 500 Summer St. NE, Rm. 137C  Salem, OR 97301

Hearing Officer: Cheryl Peters

Stat. Auth.: ORS 413.042 & 414.065

Stats. Implemented: ORS 414.065

Proposed Adoptions: 410-122-0340, 410-122-0540, 410-122-0630, 410-122-0660

Last Date for Comment: 3-21-12, Close of Business

Summary: The Division needs to amend the administrative rules governing incontinence supplies to allow provision of the appropriate combination of incontinent supplies without prior authorization and to correct a reference in rule explaining when additional documentation is required. The Division needs to amend the administrative rules governing wheelchair accessories, ostomy supplies, and orthotics and prosthetics to add new HCPCS codes and to remove HCPCS codes that have been discontinued or replaced with new codes effective 1/1/12.

Rules Coordinator: Cheryl Peters

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

Telephone: (503) 945-6527


 

Rule Caption: Amending Preferred Drug List and Prior Authorization Guide — January 26, 2012 DUR/P&T Action.

Date: Time: Location:

3-19-12  10 a.m. 500 Summer St. NE, Rm. 137C  Salem, OR 97301

Hearing Officer: Cheryl Peters

Stat. Auth.: ORS 409.025, 409.040, 409.110, 413.042, 414.065, 414.325, 414.334, 414.355, 414.360, 414.365, 414.370, 414.380 & 2011 OL Ch. 720 (HB 2100)

Stats. Implemented: ORS 414.065, 2011 OL Ch. 720 (HB 2100)

Proposed Amendments: 410-121-0030, 410-121-0040

Last Date for Comment: 3-21-12, Close of Business

Summary: The Pharmaceutical Services Program administrative rules (division 121) govern Division payments for services provided to certain clients. The Division permanently amended 410-121-0030 and 410-121-0040 per the Drug Use Review (DUR) Pharmacy & Therapeutics (P&T) Committee’s recommendations made in the January 26, 2012 meeting.

Rules Coordinator: Cheryl Peters

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

Telephone: (503) 945-6527


Oregon Health Authority, Oregon Educators Benefit Board, Chapter 111

Rule Caption: Amendments to the OEBB procurement and contracting rules.

Date: Time: Location:

3-21-12  10 a.m. OEBB/PEBB Boardroom  1225 Ferry St. SE  Salem, OR 97301

Hearing Officer: OEBB Staff

Stat. Auth.: ORS 243.860–243.886

Stats. Implemented: ORS 243.864

Proposed Amendments: 111-005-0040, 111-005-0042

Last Date for Comment: 3-31-12, Close of Business

Summary: The current rule language in 111-005-0040 and 111-005-0042 does not specifically support the most judicious process for releasing the names of vendors submitting proposals for the OEBB Board’s consideration. The amendments made in 111-005-0040 and 111-005-0042 reflects the process OEBB has used since its inception and is consistent with the type of services the OEBB Board contracts for.

Rules Coordinator: April Kelly

Address: Oregon Health Authority, Oregon Educators Benefit Board, 1225 Ferry St. SE, Salem, OR 97301

Telephone: (503) 378-6588


Oregon Health Licensing Agency, Board of Direct Entry Midwifery, Chapter 332

Rule Caption: Amend date for implementing risk information packets given to clients.

Stat. Auth.: ORS 676.606, 676.607, 676.615 & 687.485

Stats. Implemented: ORS 676.607, 676.615 & 687.485

Proposed Amendments: 332-025-0120

Proposed Repeals: 332-025-0120(T)

Last Date for Comment: 3-28-12

Summary: Amend OAR 332-025-0120 to extend the implementation date for risk information packets to be given to clients by licensed direct entry midwives (LDM). Beginning on July 1, 2012 an LDM must provide risk information regarding out-of-hospital birth, malpresentation birth (breech), multiple gestations (twins), vaginal birth after cesarean (VBAC), and births exceeding 42 weeks gestation (post-dates) to clients, as prescribed by the Oregon Health licensing Agency (Agency) and published on the Agency website.

Rules Coordinator: Samantha Patnode

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

Telephone: (503) 373-1917


Oregon Housing and Community Services Department, Chapter 813

Rule Caption: Amend the Application process and Review Requirements for Participation in the Program.

Date: Time: Location:

3-21-12  8:30 a.m. 725 Summer St.NE, Rm. 124B  Salem, OR

Hearing Officer: Sandy McDonnell

Stat. Auth.: ORS 458.705–458.740

Stats. Implemented: ORS 458.705–458.740

Proposed Amendments: 813-140-0096

Last Date for Comment: 4-6-12, Close of Business

Summary: Amend the Application Process and Review Requirements for Participation in the Program.

Rules Coordinator: Sandy McDonnell

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

Telephone: (503) 986-2012


Oregon Medical Board, Chapter 847

Rule Caption: Incorporates changes in the Attorney General’s Model Rules of Procedure for Office of Administrative Hearings.

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 183.335, 183.341, 183.452, 677.265 & 677.275

Proposed Amendments: 847-001-0000, 847-001-0005, 847-001-0007, 847-001-0010, 847-001-0015, 847-001-0020, 847-001-0022, 847-001-0025, 847-001-0030

Last Date for Comment: 3-21-12

Summary: The proposed rule amendments incorporate the changes in the Attorney General’s Model Rules of Procedure for the Office of Administrative Hearings, which became effective 1/31/2012. A late request for a hearing will be considered using a “good cause” standard; agency review of certain legal actions has been omitted; the agency may consider a request for a delay of hearing on emergency suspension; discovery rules have been reorganized and now include requests for admission and written interrogatories and provides a method of denying a discovery request.

Rules Coordinator: Nicole Krishnaswami

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

Telephone: (971) 673-2667


 

Rule Caption: Implements a fine for providing false, misleading or deceptive information on a license application.

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.172, 677.190 & 677.205

Proposed Amendments: 847-008-0010

Last Date for Comment: 3-21-12

Summary: Proposed rule amendment adds a fine for violating ORS 677.190(8), providing false, misleading or deceptive information on an application for licensure. Proposed rule amendment also contains general grammar housekeeping.

Rules Coordinator: Nicole Krishnaswami

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

Telephone: (971) 673-2667


 

Rule Caption: Corrects a statutory reference in the rule for compensation of committee members.

Stat. Auth.: ORS 682.245

Stats. Implemented: ORS 682.245

Proposed Amendments: 847-035-0011

Last Date for Comment: 3-21-12

Summary: Proposed rule amendment corrects a statutory reference in the rule for compensation of committee members and contains language and grammar housekeeping.

Rules Coordinator: Nicole Krishnaswami

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

Telephone: (971) 673-2667


 

Rule Caption: Clarifies administration of medication, revises type of injuries treated, and allows tuberculosis testing.

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 183.452

Proposed Amendments: 847-035-0030

Last Date for Comment: 3-21-12

Summary: Proposed rule amendment clarifies administration of medication, replaces “soft tissue injuries” and “suspected fractures” with “musculoskeletal injuries,” adds tuberculosis skin testing for EMS agency personnel, and makes housekeeping changes.

Rules Coordinator: Nicole Krishnaswami

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

Telephone: (971) 673-2667


Oregon Patient Safety Commission, Chapter 325

Rule Caption: Updates the 2011–2013 biennial budget of the Patient Safety Commission by amending OAR 325-005-0015.

Date: Time: Location:

3-21-12  11 a.m. 1020 SW Taylor, Suite 700  Portland, OR 97205

Hearing Officer: Shannon O’Fallon

Stat. Auth.: ORS 442.820–442.835

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

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

Proposed Amendments: 325-005-0015

Last Date for Comment: 3-21-12, 5 p.m.

Summary: In accordance with the rules governing semi-independent state agencies, this action updates the 2011–2013 biennial budget of $1,933.351 for the Patient Safety Commission. This update reflects an increase in grant revenue and expenses in the biennium.

Rules Coordinator: Bethany A. Higgins

Address: Oregon Patient Safety Commission, PO Box 285, Portland, OR 97207-0285

Telephone: (503) 224-9226


Oregon Public Employees Retirement System, Chapter 459

Rule Caption: Update contested cases rules based on changes to Division 137 Office of Administrative Hearings rules.

Date: Time: Location:

4-25-12  2 p.m. PERS Boardroom  11410 SW 68th Pkwy.  Tigard, OR 97223

Hearing Officer: Daniel Rivas

Stat. Auth.: ORS 183.310–183.550, 183.600–183.690, 238.320, 238.650 & 238A.450

Stats. Implemented: ORS 183.413–183.470, 238.005–238.715 & 238A.235

Proposed Adoptions: 459-001-0037

Proposed Amendments: 459-001-0005, 459-001-0035, 459-015-0030, 459-015-0035, 459-015-0040, 459-076-0025, 459-076-0050

Proposed Repeals: 459-015-0035

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

Summary: The Department of Justice amended the Chapter 137 Attorney General’s model rules for the Office of Administrative Hearings (OAH), effective January 31, 2012. The amendments to PERS Chapter 459 rules are necessary to update the agency’s rules for contested cases. Changes include but are not limited to provisions regarding model rules of procedure, content of a hearing request, acceptance of late hearing requests, discovery methods and procedure, pre-hearing conferences, immediate review by the chief administrative law judge (ALJ), and further hearing and issuance of final orders.

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713


 

Rule Caption: Amend rules to implement Roth 457 provisions of House Bill 2113 (2011).

Date: Time: Location:

4-25-12  2 p.m. PERS Boardroom  11410 SW 68th Pkwy.  Tigard, OR 97223

Hearing Officer: Daniel Rivas

Stat. Auth.: ORS 243.470

Stats. Implemented: ORS 243.401-243.507 & 2011 OL Ch. 722

Proposed Adoptions: 459-050-0045, 459-050-0076

Proposed Amendments: 459-050-0000, 459-050-0001, 459-050-0005, 459-050-0030, 459-050-0050, 459-050-0070, 459-050-0072, 459-050-0075, 459-050-0077, 459-050-0080, 459-050-0090, 459-050-0150, 459-050-0200, 459-050-0210, 459-050-0220, 459-050-0230, 459-050-0250, 459-050-0300

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

Summary: The 2011 Oregon Legislative Assembly passed House Bill 2113 (chapter 722, Oregon Laws 2011), which became effective on August 5, 2011. The bill was amended to include the SB 950 provisions authorizing the Oregon Savings Growth Plan (OSGP) to offer a Roth 457 account to conform to a change in federal law. New and amended OSGP administrative rules are needed to implement these provisions.

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713


 

Rule Caption: Address allocation of administrative expenses based on ruling in Murray contested case.

Date: Time: Location:

4-25-12  2 p.m. PERS Boardroom  11410 SW 68th Pkwy.  Tigard, OR 97223

Hearing Officer: Daniel Rivas

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

Stats. Implemented: ORS 238 & 238A.350

Proposed Amendments: 459-007-0005

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

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

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

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

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713


 

Rule Caption: Updates connection date to federal Internal Revenue Code and other provisions of federal tax law.

Stat. Auth.: ORS 238A.450

Stats. Implemented: ORS 238A.370

Proposed Amendments: 459-080-0500

Last Date for Comment: 3-22-12, 3 p.m.

Summary: The rule was incorrectly listed as being repealed on a prior notice. The rule is being resubmitted with the correct status of “Amend.” No changes have been made to the rule since last notice. Housekeeping edits were needed to update the connection date to the federal Internal Revenue Code and other provisions of federal tax law.

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: Corrects alleged procedural irregularities related to rules prohibiting internal combustion motorboats/floatplanes on Waldo Lake.

Date: Time: Location:

4-10-12  6 p.m. Willamalane Park & Recreation   District, Willamalane Center   Ken Long Rm.  250 S 32nd St.  Springfield, OR

Hearing Officer: Randy Henry

Stat. Auth.: ORS 830.110 & 830.175

Stats. Implemented: ORS 830.110 & 830.175

Proposed Amendments: 250-020-0221, 250-030-0030

Last Date for Comment: 4-10-12, Close of Hearing

Summary: The agency proposes to re-adopt OAR 250-020-0221 and 250-030-0030 in order to correct alleged procedural irregularities related to their previous adoption. Those rules implement the Oregon Scenic Waterway Act by prohibiting internal combustion motorboats and floatplanes on Waldo Lake, a statutorily designated state scenic waterway, in order to preserve the natural setting of Waldo Lake, minimize disturbance of its natural beauty, protect its aesthetic values, and provide an unimpaired quality of recreational experience. An exception is provided in the rules for official governmental use and emergency landings of floatplanes.

 In a rule challenge pending in the Oregon Court of Appeals, Columbia Seaplane Pilots Assoc. v. State Marine Board, Oregon Court of Appeals Case No. A148192, certain procedural irregularities have been alleged, including the assertion that the fiscal impact statements for the challenged rules were inadequate. In order to provide an opportunity to correct the alleged procedural irregularities related to the previous rule adoption, the agency is initiating further rulemaking to enable the Board to take action on the basis of new fiscal impact statements and other relevant information. Such action could potentially take the form of re-adopting the rules, amending the rules to modify the prohibition of internal combustion motorboats and floatplanes on Waldo Lake, or repealing the rules.

Rules Coordinator: June LeTarte

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

Telephone: (503) 378-2617


 

Rule Caption: Restricts vessel speed and operation in the area of the Sellwood Bridge construction zone.

Date: Time: Location:

3-20-12  6 p.m. The Portland Bldg.  1120 SW Fifth Ave.  Portland, OR

Hearing Officer: Randy Henry

Stat. Auth.: ORS 830.110 & 830.175

Stats. Implemented: ORS 830.110 & 830.175

Proposed Amendments: 250-020-0280

Proposed Repeals: 250-020-0280(T)

Last Date for Comment: 3-30-12, Close of Business

Summary: The agency proposed to amend OAR 250-020-0280 restricting boat operation adjacent to the Sellwood Bridge construction project on the Willamette River in Multnomah County. The rule will close to boating the area directly beneath temporary work bridges that create unusual and significant hazards to recreational boaters. The rule will create a slow-no-wake zone through the remainder of the construction zone. The rule will sunset at the completion of construction in December 2015. The rule does not prevent commercial or recreational navigation up or down the river

Rules Coordinator: June LeTarte

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

Telephone: (503) 378-2617


 

Rule Caption: Applies existing Holgate Channel/Ross Island Lagoon speed restriction to certain commercial passenger vessels.

Date: Time: Location:

3-20-12  6 p.m. The Portland Bldg.  1120 SW Fifth Ave.  Portland, OR

Hearing Officer: Randy Henry

Stat. Auth.: ORS 830.110

Stats. Implemented: ORS 830.110 & 830.115

Proposed Amendments: 250-020-0280, 250-010-0150

Proposed Repeals: 250-020-0280(T)

Last Date for Comment: 3-30-12, Close of Business

Summary: The current rule (OAR 250-020-0280(2) limits boat operation in the Holgate Channel and Ross Island Lagoon in Multnomah County but specifically exempts commercial vessels. This designation is inconsistent with ORS 830.115(3)(a) which states that passenger vessels under 100 gross tons may not be exempted. The proposed rule clarifies the inconsistency by specifically exempting “federally documented commercial vessels required to be inspected under Federal law, including those operated for sand and gravel operations, with the exception of passenger vessels of less than 100 gross tons, which are subject to the restriction;”

Rules Coordinator: June LeTarte

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

Telephone: (503) 378-2617


Oregon Student Access Commission, Chapter 575

Rule Caption: Amending conditions of award for the Oregon Opportunity Grant to define satisfactory academic progress.

Date: Time: Location:

3-30-12  9:30 a.m. OR Student Access Commission  1500 Valley River Dr. Suite 100  Columbia Rm.  Eugene, OR 97401

Hearing Officer: Bart Howard, Commission Chair

Stat. Auth.: ORS 348

Stats. Implemented: ORS 348

Proposed Amendments: 575-031-0030

Last Date for Comment: 3-30-12, Close of Hearing

Summary: Amendment to the above rules to define satisfactory academic progress for the Oregon Opportunity Grant conditions of award.

Rules Coordinator: Lacie A. Morgan

Address: Oregon Student Access Commission, 1500 Valley River Dr., Suite 100, Eugene, OR 97401

Telephone: (541) 687-7394


Oregon Student Access Commission, Office of Degree Authorization, Chapter 583

Rule Caption: Expands limits on award of credit for non-instructional methods (proficiency and prior learning) in degree programs.

Date: Time: Location:

3-30-12  9:30 a.m. OR Student Access Commission  1500 Valley River Dr., Suite 100  Eugene, OR 97401

Hearing Officer: Bart Howard, Commission Chair

Stat. Auth.: ORS 348.606

Stats. Implemented: ORS 348.603 & 348.606

Proposed Amendments: 583-030-0035

Last Date for Comment: 3-30-12, Close of Hearing

Summary: Current rule limits the amount and level of credit that may be awarded for learning outside the traditional classroom environment. This amended rule will expand the options for awarding credit and thereby allow the Office of Degree Authorization (which will become part of the Higher Education Coordinating Commission in July 2012, per SB 242 passed in 2011):

 (1) To approve degree programs having significant experiential components, innovative educational methodologies and technology-enhanced delivery models.

 (2) To establish parameters for the evaluation of credit for prior learning and proficiency gained through military training, professional experience, and other learning opportunities that may occur outside the traditional academic setting.

Rules Coordinator: Beverly R. Boyd

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

Telephone: (541) 687-7394


Oregon Youth Authority, Chapter 416

Rule Caption: The proposed rule changes clarify OYA and DCS roles in enforcing child support obligations.

Date: Time: Location:

3-22-12  9 a.m. 530 Center St. NE, Suite 200  Salem, OR 97301

Hearing Officer: Winifred Skinner

Stat. Auth.: ORS 420A.025

Stats. Implemented: ORS 107.108 & 416.400–416.486

Proposed Amendments: 416-100-0000, 416-100-0005, 416-100-0010, 416-100-0020, 416-100-0030, 416-100-0040, 416-100-0050, 416-100-0060

Proposed Repeals: 416-100-0070

Last Date for Comment: 4-2-12, 5 p.m.

Summary: The proposed rule changes clarify OYA’s role in enforcing child support obligations of parents whose children are in OYA custody. The repeal of OAR 416-100-0070 is proposed to comply with child support law changes as reflected in Senate Bill 43 (2011).

Rules Coordinator: Winifred Skinner

Address: Oregon Youth Authority, 530 Center St. NE, Suite 200, Salem, OR 97301-3765

Telephone: (503) 373-7570


 

Rule Caption: The proposed rule changes clarify OYA volunteer service application and coordination.

Date: Time: Location:

3-22-12  10 a.m. 530 Center St. NE, Suite. 200  Salem, OR 97301

Hearing Officer: Winifred Skinner

Stat. Auth.: ORS 420A.025

Stats. Implemented: ORS 420A.010 & 420A.021

Proposed Amendments: 416-450-0000, 416-450-0010, 416-450-0020, 416-450-0030, 416-450-0040, 416-450-0050, 416-450-0060, 416-450-0070

Last Date for Comment: 4-2-12, 5 p.m.

Summary: The proposed rule changes clarify the OYA volunteer application process and establishes an agency volunteer coordinator.

Rules Coordinator: Winifred Skinner

Address: Oregon Youth Authority, 530 Center St. NE, Suite 200, Salem, OR 97301-3765

Telephone: (503) 373-7570


 

Rule Caption: OYA’s executive team structure has changed as reflected in the rule definition changes.

Stat. Auth.: ORS 420A.025

Stats. Implemented: ORS 420.011 & 420.014

Proposed Amendments: 416-410-0010

Last Date for Comment: 4-2-12, 5 p.m.

Summary: OYA’s executive team structure has changed since this rule was originally written, as reflected in definition changes. Specifically, the definitions of the Agency Case Review Committee and the agency’s Cabinet.

Rules Coordinator: Winifred Skinner

Address: Oregon Youth Authority, 530 Center St. NE, Suite 200, Salem, OR 97301-3765

Telephone: (503) 373-7570


Parks and Recreation Department, Chapter 736

Rule Caption: Amendment of OAR 736-018-0045 to adopt the Cape Lookout State Park Comprehensive Plan.

Date: Time: Location:

4-10-12  6 p.m. Netarts-Oceanside  RFD Community Hall  1235 Fifth Street Loop  Netarts, OR

Hearing Officer: Ron Campbell

Stat. Auth.: ORS 390.180

Stats. Implemented: ORS 390.180(1)

Proposed Amendments: 736-018-0045

Last Date for Comment: 5-10-12, 4 p.m.

Summary: ORS 390.180(1) authorizes the Director of the Oregon Parks and Recreation Department (OPRD) to adopt administrative rules that establish a plan for each state park. Accordingly, OPRD is adopting a new plan for Cape Lookout State Park. Plans for state parks are adopted as state rules under OAR 736-018-0045. The purpose of amending OAR 736-018-0045 is to adopt the new plan for Cape Lookout as a state rule.

 The new plan for the park responds to the most current information on park resource conditions and public recreation needs as they pertain to this park setting. The plan was formulated through OPRD’s mandated planning process involving meetings with the general public, an advisory committee, recreation user groups, environmental advocacy groups, affiliated Tribes, affected state, federal and local government agencies, and park neighbors.

Rules Coordinator: Vanessa DeMoe

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

Telephone: (503) 986-0719


 

Rule Caption: Veterans and War Memorial Grant program changes as required by SB 342.

Stat. Auth.: ORS 390.124 & 390.180

Stats. Implemented: ORS 390.180 & 2011 OL Ch. 643

Proposed Amendments: 736-017-0005, 736-017-0020, 736-017-0035

Last Date for Comment: 3-22-12, 4 p.m.

Summary: The proposed rules will redefine the grant application as being a local government entity instead of a non-profit veteran’s organization per Section 6 of Senate Bill 342 from the 76 Oregon Legislative Assembly — 2011 Regular Session.

Rules Coordinator: Vanessa DeMoe

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

Telephone: (503) 986-0719


Psychiatric Security Review Board, Chapter 859

Rule Caption: PSRB Conditional Release Plan Review of Tier Two Offenders.

Date: Time: Location:

3-22-12  10 a.m. 620 SW 5th Ave.  Fourth Floor Conference Rm.  Portland, OR 97204

Hearing Officer: Mary Claire Buckley

Stat. Auth.: 2011 OL Ch. 708 § 33(2) (SB 420) & ORS 161.387

Stats. Implemented: 2011 OL Ch. 708 (SB 420) & ORS 161.295–161.400

Proposed Adoptions: 859-070-0040

Proposed Amendments: 859-030-0005, 859-030-0010

Proposed Repeals: 859-030-0005(T), 859-030-0010(T), 859-070-0040(T)

Last Date for Comment: 3-23-12

Summary: Section 11a of SB 420 (Act) classifies individuals who have been found guilty except for insanity into tier-one offenders (i.e. Measure 11 offenders) and tier-two offenders (i.e. non-Measure 11 offenders). The Act directs that tier-two offenders who are committed to the state hospital be placed under the jurisdiction of the Oregon Health Authority (OHA), effective January 1, 2012. After OHA orders tier-two offenders to be placed on conditional release, their jurisdiction transfers to the PSRB pursuant to Section 1 of the Act. Section 5 of the Act directs OHA to notify PSRB prior to conducting a conditional release hearing. The Act also permits PSRB to provide OHA with conditions of release that PSRB determines are advisable.

 PSRB’s current rules do not describe a permanent process for PSRB to provide conditions for release to OHA as described in Section 5 of the Act. PSRB must adopt OAR 859-70-0040 to create such a process. The adoption of 859-70-0040 creates a procedure for PSRB to begin considering and providing to OHA conditions for the release of tier-two offenders when OHA notifies it under Section 5 of the Act. The amendments to 859-030-0005 and 0010 are necessary in order to update the Board’s existing administrative rules to reflect its new responsibilities as noted above as well as housekeeping changes to reflect the Oregon Health Authority’s new name.

Rules Coordinator: Mary Claire Buckley

Address: Psychiatric Security Review Board, 620 SW 5th Ave., Suite 907, Portland, OR 97204

Telephone: (503) 229-5596


Teacher Standards and Practices Commission, Chapter 584

Rule Caption: Amends charter school registration and educator licensure rules; adopts new program standards; adopts disciplinary rule.

Date: Time: Location:

3-22-12  1–2 p.m. 250 Division St. NE  Salem, OR 97301

Hearing Officer: Lynn Beaton

Stat. Auth.: ORS 342

Stats. Implemented: ORS 342.120–342.430, 342.455–342.495 & 342.533

Proposed Adoptions: 584-017-1028, 584-018-0305, 584-018-0310, 584-066-0001, 584-066-0010, 584-050-0021

Proposed Amendments: 584-023-0005, 584-023-0015, 584-060-0051(T), 584-060-0062, 584-080-0161

Last Date for Comment: 4-26-12, 2 p.m.

Summary: ADOPT: 584-017-1028, Selection, Recruitment, Admission and Retention of Candidates: Adopts standards for educator licensure program admission and retention of new candidates.

 584-018-0305, Knowledge, Skills, Abilities, Cultural Competencies and Professional Dispositions for Initial School Counselor License: Adopts new program standards for Initial School Counselor Licenses.

 584-018-0310, Knowledge, Skills, Abilities and Cultural Competencies and Professional Dispositions for Continuing School Counselor License: Adopts new program standards for Continuing School Counselor Licenses.

 584-066-0001, Purpose of Specialization on a License: Distinguishes a “specialization” from an “endorsement” or “authorization.”

 584-066-0010, Autism Spectrum Disorder (ASD) Licensed Specialist Standards and Competencies: Establishes Autism Spectrum Disorder standards to add an Autism Spectrum Disorder specialization to a teaching license.

 584-050-0021, Reinstatement of Right to Apply for a License Following Revocation of a Provisional License: Clarifies applicant’s “status” when the Commission revokes a license that cannot be reinstated.

 AMEND: 584-023-0005, Registry of Charter School Teachers and Administrators: Clarifies that the registration is not transferrable to another charter school and that the assignment of charter school teachers is up to the charter school.

 584-023-0015, Standards of [Competence] Professional Practices and Ethics for Charter School Registrants: Housekeeping language to clarify that it applies to charter school registrants not to a “registry.”

 584-060-0051, Teaching Authorization Levels: Expands high school authorization on Initial and Continuing Teaching Licenses to grades 7 and 8 in a school designated by a high school.

 584-060-0062, Adding Endorsements to Initial or Continuing Teaching Licenses: Adds Chinese as a world language for which an academic program must be completed in order to add to the license since the Commission does not currently have a Chinese language licensure test.

 584-080-0161 — Exceptional Administrator License: Clarifies that district must submit a letter of support, and that applicant is not eligible for positions requiring supervision or evaluation of teachers or working directly with children and other clarifications.

Rules Coordinator: Lynn Beaton

Address: Teacher Standards and Practices Commission, 250 Division St. NE, Salem, OR 97301

Telephone: (503) 373-0981

 

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

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

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