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Oregon Bulletin

March 1, 2013

 

NOTICES OF PROPOSED RULEMAKING AND
PROPOSED RULEMAKING HEARINGS

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

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

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

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

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


 

Board of Architect Examiners, Chapter 806

Rule Caption: Board of Architect Examiners 2013–15 Budget

Date: Time: Location:

3-19-13  9:30 a.m. 205 Liberty St. NE  Salem, OR 97301

3-20-13 4 p.m. 205 Liberty St. NE  Salem, OR 97301

Hearing Officer: James Denno

Stat. Auth.: ORS 671.125 & 182.462

Stats. Implemented: ORS 671.125 & 182.462

Proposed Amendments: 806-001-0003

Last Date for Comment: 3-22-13, 4:30 p.m.

Summary: Adopts the Board of Architect Examiners 2013–15 Budget of $1,144,449.

Rules Coordinator: Jim Denno

Address: Oregon Board of Architect Examiners, 205 Liberty St. NE, Suite A, Salem, OR 97301

Telephone: (503) 763-0662


Board of Chiropractic Examiners, Chapter 811

Rule Caption: Pre-Paid Treatment Plan amendments

Date: Time: Location:

3-21-13  10 a.m. OBCE Administrative Offices  3218 Pringle Rd. SE., Suite 150  Salem OR 97302

Hearing Officer: Dave McTeague

Stat. Auth.: ORS 684

Other Auth.: ORS 684.100

Stats. Implemented: ORS 684.155 (1)(b)

Proposed Amendments: 811-015-0002

Last Date for Comment: 3-21-13, 10 a.m.

Summary: Pre-Paid Treatment Plan amendments.

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: Update Instructor Guidelines for Limited X-Ray School Programs.

Date: Time: Location:

3-15-13  3 p.m. 800 NE Oregon St., Rm. 445  Portland, OR

Hearing Officer: Ed Conlow

Stat. Auth.: ORS 688.515

Stats. Implemented: ORS 688.515

Proposed Amendments: 337-010-0030

Last Date for Comment: 3-29-13, 4:30 p.m.

Summary: This rule change will authorize the use of an updated version of the Board’s official document that provides course content, program requirements and course objectives for schools that provide instruction in limited x-ray machine operation.

Rules Coordinator: Ed Conlow

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

Telephone: (971) 673-0216


Department of Agriculture, Chapter 603

Rule Caption: Adopts Grade “A” Pasteurized Milk Ordinance, 2011 Revision and corrects clerical errors.

Date: Time: Location:

3-21-13  2 p.m. Oregon Dept. of Agriculture  635 Capitol St. NE, Conf. Rm. D  Salem, OR

Hearing Officer: Eric Edmunds

Stat. Auth.: ORS 561.020, 561.190, 616.230 & 621

Stats. Implemented: ORS 621.058, 621.060 & 621.261

Proposed Amendments: 603-024-0017, 603-024-0019, 603-024-0041, 603-024-0211, 603-024-0589, 603-024-0605, 603-024-0613, 603-024-0640

Last Date for Comment: 3-22-13, 5 p.m.

Summary: The Grade “A” Pasteurized Milk Ordinance (PMO) is designed to promote national uniformity and ensure a high level of excellence of milk sanitation practice in the United States. The PMO was most recently revised in 2011. The Oregon Administrative Rules (OARs) that regulate dairy practices in Oregon currently refer to the 2009 version of the PMO. Adopting the 2011 PMO and related documents by reference maintains consistency with federal standards.

Rules Coordinator: Sue Gooch

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

Telephone: (503) 986-4583


Department of Community Colleges and Workforce Development, Chapter 589

Rule Caption: Updates the Adult High School Diploma Program Administrative Rule

Date: Time: Location:

3-22-13  9 a.m. Public Service Bldg.  255 Capitol St. NE  Basement Rm. C  Salem OR 97310

Hearing Officer: Linda Hutchins

Stat. Auth.: ORS 326.051

Stats. Implemented: ORS 341.425

Proposed Amendments: 589-007-0600

Last Date for Comment: 3-22-13, 5 p.m.

Summary: The agency proposes to amend the Adult High School Diploma (AHSD) administrative rule to clarify the program’s target population and accountability requirements, and align AHSD requirements with state high school graduation requirements.

Rules Coordinator: Linda Hutchins

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

Telephone: (503) 947-2456


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

Rule Caption: Employer-at-Injury program wage subsidies

Date: Time: Location:

3-25-13  10 a.m. 350 Winter St. NE, Rm. F  Salem, OR

Hearing Officer: Fred Bruyns

Stat. Auth.: ORS 656.622, 656.726(4)

Stats. Implemented: ORS 656.622

Proposed Amendments: 436-105-0003, 436-105-0520

Last Date for Comment: 3-27-13, Close of Business

Summary: The agency proposes to amend OAR chapter 436, division 105, “Employer-at-Injury Program” to:

 -Reduce the percentage of wage subsidy paid by the Workers’ Benefit Fund from 50 percent to 45 percent of gross wages.

 -Limit the applicability of OAR 436-105 to:

 --Individual Employer-at-Injury programs that start on or after the effective date of the rules;

 --Wage subsidy reimbursement requests where the wage subsidy period starts on or after the effective date of the rules; and

 --Reimbursement requests for worksite modification or program purchases received on or after the effective date of the rules, no matter when the purchase was made.

Rules Coordinator: Fred Bruyns

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

Telephone: (503) 947-7717


Department of Fish and Wildlife, Chapter 635

Rule Caption: Amend rule to authorize citing registered owner for unattended vehicle parked in violation of rules.

Date: Time: Location:

4-26-13  8 a.m. 3406 Cherry Ave NE  Salem, OR 97306

Hearing Officer: Fish and 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: 635-008-0151

Last Date for Comment: 4-25-13, 8 a.m.

Summary: Rule amendment will give law enforcement the authority to cite the registered owner of an unattended vehicle parked in violation of certain Commission rules.

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:

4-26-13  8 a.m. 3406 Cherry Ave NE  Salem, OR 97306

Hearing Officer: Fish and 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: 4-26-13, 8 a.m.

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: Amend Rules for Sport and Commercial Halibut, Sardine, Prawn, and Groundfish Fisheries

Date: Time: Location:

4-26-13  8 a.m. 3406 Cherry Ave NE  Salem, OR 97306

Hearing Officer: Fish and Wildlife Commission

Stat. Auth.: ORS 496.138, 496.146, 496.162, 497.121, 506.036, 506.109, 506.119 & 506.129

Stats. Implemented: ORS 496.004, 496.009, 496.162, 506.109, 506.129, 508.306 & 508.535

Proposed Adoptions: Rules in 635-004, 635-005, 635-006, 635-039

Proposed Amendments: Rules in 635-004, 635-005, 635-006, 635-039

Proposed Repeals: Rules in 635-004, 635-005, 635-006, 635-039

Last Date for Comment: 4-26-13, 8 a.m.

Summary: Amendments to Oregon’s regulations for sport and commercial halibut, sardine and groundfish fisheries will bring the State of Oregon concurrent with federally adopted regulations. Modifications establish 2013 seasons and/or quotas for these halibut and sardine fisheries, and allow a landing of groundfish under the federal Trawl Rationalization Program to be split between Washington and Oregon or California and Oregon wholesale fish dealers. Amendments to regulations for commercial prawn fisheries will disallow landing of prawns taken off Washington into Oregon if the vessel does not have the appropriate Washington State licenses and permits, and disallow targeted fishing of prawns using shrimp trawl or groundfish trawl gears. 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: Homecare Workers Enrolled in the Consumer-Employed Provider Program

Date: Time: Location:

3-20-13  2:30 p.m. 500 Summer St. NE, Rm. 160  Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 409.050, 410.070 & 410.090

Stats. Implemented: ORS 410.010, 410.020, 410.070, 410.612, 410.614, 411.802 & 411.803

Proposed Amendments: 411-030-0080, 411-031-0020, 411-031-0030, 411-031-0040, 411-031-0050

Proposed Repeals: 411-030-0080(T), 411-031-0020(T), 411-031-0040(T)

Last Date for Comment: 3-22-13, 5 p.m.

Summary: The Department of Human Services (Department) is proposing to permanently update OAR 411-030-0080 (Spousal Pay Program) and the rules in OAR chapter 411, division 031 for homecare workers enrolled in the Consumer-Employed Provider Program.

 The proposed rules --

 • Permanently implement the 2011-2013 Collective Bargaining Agreement between the Home Care Commission and the Service Employee’s International Union (SEIU), Local 503, Oregon Public Employees’ Union (OPEU);

 • Maintain consistency for spousal pay providers with the rules for homecare workers in OAR chapter 411, division 031;

 • Expand homecare worker enrollment standards and the criteria to deny a homecare worker’s enrollment application based on a homecare worker’s inability to present a valid social security or tax identification number;

 • Clarify the definition of “Adult Protective Services” to include reference to the rules that govern adult protective services for individuals with developmental disabilities and mental or emotional disorders;

 • Expand the criteria to inactivate a homecare worker’s provider enrollment when payments have been suspended, as required by federal law under 42 CFR section 455.23;

 • Change references from the “Client-Employed Provider Program” to the “Consumer-Employed Provider Program” and references from “client” to “consumer; and

 • Include general housekeeping changes to reflect current practices, improve readability, and establish consistency with other Department rules.

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: Contested Case Hearings

Date: Time: Location:

3-20-13  3 p.m. Human Services Bldg.  500 Summer St. NE, Rm. 160  Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 409.050, 410.070, 411.103 & 430.662

Stats. Implemented: ORS 183.452, 409.010, 411.103, 427.007 & 430.662

Proposed Adoptions: 411-001-0500, 411-001-0510, 411-001-0520

Proposed Amendments: 411-320-0175

Proposed Repeals: 411-001-0500(T)

Last Date for Comment: 3-22-13, 5 p.m.

Summary: The Department of Human Services (Department) is proposing to --

 • Adopt OAR 411-001-0500 about contested case hearings to clarify which rules apply to contested case hearings concerning the Department’s Aging and People with Disabilities’ and Developmental Disabilities’ programs. OAR 411-001-0500 will also make permanent certain changes adopted by temporary rule effective October 5, 2012 that indicate when the Department may not disclose contact information for witnesses in contested cases and the extent to which contested case hearings are open to the public;

 • Adopt OAR 411-001-0510 about lay representation in contested case hearings to make permanent certain changes adopted by temporary rule effective October 5, 2012 that were made to implement ORS 183.452 authorizing the Department’s use of an officer or employee of the Department as a lay representative that may appear on behalf of the Department during contested case hearings. OAR 411-001-0510 also sets out requirements for lay representatives and the restrictions that apply to interrogatories and requests for admission when the Department has a lay representative;

 • Adopt OAR 411-001-0520 about late hearing requests in contested cases to implement ORS 411.103 and set out how the Department treats late hearing requests (when not covered by other conflicting rules), the time period under which a late hearing request will be considered, and the criteria that apply to determine if a late hearing request will be considered timely; and

 • Amend OAR 411-320-0175 about hearings for developmental disability services eligibility determination to remove the criteria for consideration of late hearing requests. The criteria for consideration of late hearing requests in OAR 411-001-0520 will apply to these hearing requests. The Department is making this amendment to treat late hearing requests for Developmental Disabilities similarly to late hearing requests for Aging and People with Disabilities.

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: Nursing Assistant Training and Competency Evaluation and Training Program (NATCEP) — Request for Reimbursement

Date: Time: Location:

3-21-13  10:30 a.m. Human Service Bldg.  500 Summer St. NE, Rm. 160  Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 410.070

Stats. Implemented: ORS 410.070

Proposed Amendments: 411-070-0470

Proposed Repeals: 411-070-0470(T)

Last Date for Comment: 3-25-13, 5 p.m.

Summary: The Department of Human Services (Department) is proposing to permanently amend OAR 411-070-0470 to make permanent the changes adopted by temporary rule effective January 1, 2013 that implemented the online reimbursement requests system for the Nursing Assistant Training and Competency Evaluation and Training Program (NATCEP). The current paper process used by Medicaid nursing facilities to request reimbursement for NATCEP was eliminated effective January 1, 2013 and replaced by the more sufficient online NATCEP reimbursement request system.

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: Updates discretionary disqualifying crimes and presumptive categories (HB 2712)

Stat. Auth.: ORS 181.640, 181.661, 181.662, 181.664 & 183.341

Stats. Implemented: ORS 181.640, 181.661, 181.662 & 181.664

Proposed Amendments: 259-009-0070

Last Date for Comment: 3-21-13, Close of Business

Summary: HB 2712 updated and simplified the current statutory revenue and distribution structure related to criminal fines, assessments and other financial penalties imposed on convictions for felonies, misdemeanors and violations other than parking infractions. The passage of this bill brought to light a number of misdemeanor and felony crimes previously unknown to the fire service. These crimes were reviewed by DPSST staff and a workgroup comprised of various members of the Fire Policy Committee. Based on their recommendations, a number of crimes were added to the discretionary disqualifying crimes list with presumptive categories.

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 NFPA 1041 standard for professional qualifications for Fire Service Instructor

Stat. Auth.: ORS 181.640 & 181.650

Stats. Implemented: ORS 181.640 & 181.650

Proposed Amendments: 259-009-0005, 259-009-0062, 259-009-0080

Last Date for Comment: 3-21-13, Close of Business

Summary: This proposed rule adopts the NFPA 1041 standards for Fire Service Instructor Professional Qualifications, 2012 edition.

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, Driver and Motor Vehicle Services Division, Chapter 735

Rule Caption: Provisional Driver Improvement; Process for Expanding Restricted Driving Privileges

Stat. Auth.: ORS 184.616, 184.619, 802.010 & 809.480

Stats. Implemented: ORS 809.480

Proposed Amendments: 735-072-0020, 735-072-0023

Last Date for Comment: 3-21-13, Close of Business

Summary: ORS 809.480(2) authorizes DMV to establish a driver improvement program for provisional drivers (drivers under 18 years of age) that is separate from the driver improvement program for adults. The Provisional Driver Improvement Program is established in OAR 735-072-0023. Through the Provisional Driver Improvement Program a provisional driver’s driving privileges may be restricted for 90 days. The restrictions allow the provisional driver to drive only to and from work, for work purposes, and to drive with no passengers in the vehicle other than a parent, stepparent or guardian.

 Currently OAR 735-072-0023 allows the person receiving a restriction under the Provisional Driver Improvement Program to request an interview with a DMV employee to re-evaluate the person’s driving after the incident that caused the restriction to be imposed. The interviews are conducted in DMV field offices throughout the state. To improve efficiency and to insure consistency in application of the provisional driver improvement program, DMV is proposing to amend OAR 735-072-0023 to have the re-evaluation conducted by employees at DMV Headquarters through a written process rather than through an interview.

 DMV also proposes to amend OAR 735-072-0020 to remove the definition for “Driver Improvement Course” because the term will no longer be used in these Division 72 administrative rules.

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

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171


 

Rule Caption: Update of farm rules

Stat. Auth.: ORS 184.616, 184.619 & 823.011

Stats. Implemented: ORS 802.010, 805.300, 805.310, 805.320, 805.322, 805.340, 805.350, 805.360, 805.370, 805.380, 805.390, 805.400 & 805.410

Proposed Amendments: 735-048-0000, 735-048-0020, 735-048-0030, 735-048-0040, 735-048-0050, 735-048-0060, 735-048-0070, 735-048-0080

Last Date for Comment: 3-21-13, Close of Business

Summary: Division 48 rules specify the qualifications a farmer needs to certify their farm with the Department. In addition, the rules describe the definitions, permitted uses, application and annual requalification and cancellation of farm plates. The proposed rule amendment is the outcome of an annual rule review resulting in minor changes to the rule language and reflects the current business practices. Minor changes were made to the language of the rules to be in compliance with Secretary of State standards. Corrections were made to the Statutory Authority and Statutes Implemented in the administrative rules.

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

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171


Department of Transportation, Motor Carrier Transportation Division, Chapter 740

Rule Caption: Amendment of Federal safety and hazardous materials transportation regulations affecting motor carriers

Stat. Auth.: ORS 184.616, 184.619, 823.011, 825.232, 825.252 & 825.258

Stats. Implemented: ORS 823.061, 825.210, 825.250, 825.252 & 825.258

Proposed Amendments: 740-100-0010, 740-100-0065, 740-100-0070, 740-100-0080, 740-100-0085, 740-100-0090, 740-110-0010

Last Date for Comment: 3-21-13, Close of Business

Summary: These rules contain the annual adoption of federal motor carrier safety and hazardous materials transportation regulations. In addition, these rules cover the adoption of international standards related to driver, vehicle and hazardous materials out-of-service violations. The changes are necessary to ensure Oregon’s motor carrier safety; hazardous materials; and driver, vehicle and hazardous materials out-of-service requirements are current with national and international standards. Failure to adopt these rules could result in a major negative economic impact to state agencies by jeopardizing Oregon’s continued receipt of $2.6 million in MCSAP funds per year if it fails to amend and maintain compatible rules.

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

Rules Coordinator: Lauri Kunze

Address: Department of Transportation, Motor Carrier Transportation Division, 355 Capitol St. NE, MS 51, Salem, OR 97301

Telephone: (503) 986-3171


Oregon Board of Naturopathic Medicine, Chapter 850

Rule Caption: Bring language for a Hearing request and answers current and clarified

Stat. Auth.: ORS 183 & 685

Stats. Implemented: ORS 183 & 685

Proposed Amendments: 850-001-0015

Last Date for Comment: 3-25-13, 3 p.m.

Summary: Will make language on hearing request and answer current and in compliance with ORS 183.

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: Amend the fee rule to include an inactive natural childbirth certificate fee

Stat. Auth.: ORS 685.125

Stats. Implemented: ORS 685.100

Proposed Amendments: 850-030-0035

Last Date for Comment: 3-25-13, 3 p.m.

Summary: Will update the fee rule and include a fee for an inactive status for those currently holding an active certificate in natural childbirth

Rules Coordinator: Anne Walsh

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

Telephone: (971) 673-0193


Oregon Business Development Department, Chapter 123

Rule Caption: Minor housekeeping changes have been made.

Stat. Auth.: ORS 285A.075

Stats. Implemented: ORS 285A.020, 285A.075, 285A.062, 286B.065

Proposed Amendments: 123-024-0001 – 123-024-0046

Last Date for Comment: 2-22-13, Close of Business

Summary: Minor housekeeping changes have been made to these rules. The context of the rules have not changed.

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: April 1, 2013 Dental Services rule changes for clarification and new CDT codes

Date: Time: Location:

3-15-13  10:30 a.m. 500 Summer St. NE, Rm. 137C  Salem, OR 97301

Hearing Officer: Cheryl Peters

Stat. Auth.: ORS 413.042, 414.065, & 414.707

Stats. Implemented: ORS 414.065 & 414.707

Proposed Amendments: 410-123-1060, 410-123-1160, 410-123-1200, 410-123-1220, 410-123-1240, 410-123-1260, 410-123-1490, 410-123-1620

Last Date for Comment: 3-19-13, 5 p.m.

Summary: Revisions to rules based on the American Dental Association’s Current Dental Terminology 2013 changes. Adds coverage detail for newly-created procedures, removes language for codes no longer valid, revises language based on Health Evidence Review Commission’s Prioritized List changes for April 1, 2013. Clarifies coverage of services to avoid ambiguity in the interpretation. Housekeeping changes as necessary.

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, Office for Oregon Health Policy and Research, Chapter 409

Rule Caption: Repeal of Temporary Rule and Amendment to Patient-Centered Primary Care Home Rule

Stat. Auth.: ORS 413.042, 414.655 & 442.210

Stats. Implemented: ORS 413.042, 414.655 & 442.210

Proposed Amendments: 409-055-0030

Proposed Repeals: 409-055-0030(T)

Last Date for Comment: 3-21-13, 5 p.m.

Summary: The Oregon Health Authority, Office for Oregon Health Policy and Research is proposing to repeal temporary rule OAR 409-055-0030(T) and make permanent the discretionary 30-day grace period relating to the annual renewal recognition process and criteria for the Primary Care Home (PCPCH) Program.

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

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

Rules Coordinator: Zarie Haverkate

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

Telephone: (503) 373-1574


Oregon Health Insurance Exchange, Chapter 945

Rule Caption: Certification of Health Insurance Producers

Date: Time: Location:

4-4-13  10 a.m. Cover Oregon  16760 SW Upper Boones Ferry Rd.   Suite 200  Durham, OR 97224

Hearing Officer: Gregory Jolivette

Stat. Auth.: ORS 741.002

Stats. Implemented: ORS 741.310

Proposed Adoptions: 945-050-0010, 945-050-0020

Last Date for Comment: 4-11-13, 5 p.m.

Summary: Establishes the process and requirements for certifying insurance producers to facilitate the transaction of business through the Exchange.

Rules Coordinator: Gregory Jolivette

Address: Oregon Health Insurance Exchange, 16760 SW Upper Boones Ferry Rd., Suite 200, Durham, OR 97224

Telephone: (503) 373-9406


Oregon Liquor Control Commission, Chapter 845

Rule Caption: Sets licensing qualifications and operating standards for exterior areas.

Date: Time: Location:

3-21-13  10 a.m. 9079 SE McLoughlin Blvd  Portland, OR 97222

Hearing Officer: Jesse Sweet

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

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

Proposed Adoptions: 845-005-0329, 845-006-0309, 845-006-0310

Proposed Amendments: 845-005-0331

Last Date for Comment: 4-4-13, 5 p.m.

Summary: This package of rule changes clarifies licensing qualifications and operating standards for exterior areas. It distinguishes between premises that consist exclusively of exterior areas and those exterior areas that abut an annually licensed structure.

 Two of the new rules included for adoption are OAR 845-005-0329, which describes the licensing criteria for exclusively exterior areas and OAR 845-006-0309, which describes compliance requirements and limitations for these exclusively exterior licensed premises.

 The package also amends the current licensing criteria rule for exterior areas, OAR 845-005-0331, which pertains to exterior areas abutting a licensed structure, to provide additional clarity in the language of the rule. Along with the existing licensing criteria rule, staff proposes adoption of OAR 845-006-0310, which describes the compliance requirements for exterior areas abutting a licensed structure.

Rules Coordinator: Jesse Sweet

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

Telephone: (503) 872-5250


Oregon State Lottery, Chapter 177

Rule Caption: Amends rules for Lottery second chance drawings, promotions, giveaways, player loyalty programs, housekeeping changes

Date: Time: Location:

3-22-13  2 p.m. Oregon State Lottery  500 Airport Rd. SE  Salem, OR 97301

Hearing Officer: Larry Trott, Esq.

Stat. Auth.: ORS 461

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

Stats. Implemented: ORS 461.200, 461.300, 461.220 & 461.250

Proposed Amendments: 177-010-0003, 177-040-0050, 177-040-0200, 177-046-0015, 177-046-0080, 177-046-0100, 177-046-0110, 177-046-0140 , 177-050-0002, 177-050-0024, 177-050-0025, 177-050-0100, 177-051-0000, 177-051-0010, 177-051-0030, 177-051-0035, 177-051-0040, 177-051-0120, 177-051-0130, 177-052-0000, 177-052-0010 , 177-052-0020, 177-052-0030, 177-052-0040, 177-052-0050, 177-052-0060, 177-052-0070, 177-070-0005

Last Date for Comment: 3-22-13, 2:30 p.m.

Summary: The Oregon State Lottery has initiated permanent rule making to amend the above referenced administrative rules related to Lottery second chance drawings, promotions, giveaways, and player loyalty programs.

 The amendments will add a definition of second chance drawing; amend the definition of prize; require a retailer to return non-winning tickets to the player; prohibit Lottery retailers from conducting second chance drawings using non-winning Lottery tickets; clarify that the Lottery or its authorized drawing agent may conduct drawings; prohibit multiple ownership of non-winning Lottery tickets submitted for second chance drawings; restrict who may claim a prize in a second chance drawing to the person who submitted the entry; authorize Lottery second chance drawings using Scratch-it tickets; require retailers to return unsold Scratch-it tickets within six weeks after activations have ended for that game in order to receive credit for unsold, activated tickets; make general housekeeping updates to Division 51 Promotions; remove an unneeded reference to the awarding of points and the use of a multiplier by the Lottery for player loyalty programs; specify that a person may have only one registered membership at a time; clarify that unclaimed second chance prizes are forfeited and remain the property of the Lottery Commission; and make various housekeeping changes to the rules and correct cross references.

Rules Coordinator: Mark W. Hohlt

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

Telephone: (503) 540-1417


Oregon State Treasury, Chapter 170

Rule Caption: Update Administrative Rule for changes in ORS 295 effective January 1, 2013.

Stat. Auth.: ORS 293.525 & 295.001 to 295.108

Stats. Implemented: ORS 293 & 295

Proposed Amendments: 170-040-0020 – 170-040-0110

Last Date for Comment: 3-15-13, 5 p.m.

Summary: Effective January 1, 2013, ORS 295.001 to 295.108 was amended to allow for the inclusion of credit unions as qualified depositories for public funds. The changes proposed for Administrative Rule 170-040 update the language and ORS references within the rule to conform to these changes.

Rules Coordinator: Curtis Hartinger

Address: Oregon State Treasury, 350 Winter St. NE, Suite 100, Salem, OR 97301

Telephone: (503) 378-3150


Teacher Standards and Practices Commission, Chapter 584

Rule Caption: Repeals obsolete professional development rules; repeals obsolete accreditation rules; removes obsolete language from admission rule.

Stat. Auth.: ORS 342

Stats. Implemented: ORS 342.120–342.430, 342.455–342.495 & 342.553

Proposed Amendments: 584-017-1028

Proposed Repeals: 584-017-0005, 584-017-0010, 584-017-0020, 584-017-0025, 584-017-0030, 584-017-0035, 584-017-0040, 584-017-0042, 584-017-0045, 584-017-0050, 584-017-0055, 584-017-0057, 584-017-0060, 584-017-0070, 584-017-0075, 584-017-0080, 584-017-0085, 584-017-0090, 584-017-0100, 584-017-0115, 584-017-0120, 584-017-0130, 584-017-0140, 584-017-0150, 584-017-0160, 584-017-0170, 584-017-0175, 584-017-0180, 584-017-0182, 584-017-0185, 584-017-0190, 584-017-0200, 584-017-0201, 584-017-0210, 584-017-0220, 584-017-0230, 584-017-0240, 584-017-0251, 584-017-0261, 584-017-0270, 584-017-0280, 584-017-0282, 584-017-0290, 584-017-0300, 584-017-0310, 584-017-0320, 584-017-0330, 584-017-0340, 584-017-0351, 584-017-0355, 584-017-0360, 584-017-0370, 584-017-0380, 584-017-0390, 584-017-0400, 584-017-0410, 584-017-0420, 584-017-0430, 584-017-0441, 584-017-0451, 584-017-0455, 584-017-0460, 584-017-0462, 584-017-0465, 584-017-0470, 584-017-0480, 584-017-0500, 584-017-0510, 584-017-0520, 584-017-0530, 584-017-0541, 584-017-0551, 584-017-0555, 584-017-0560, 584-017-0570, 584-017-0580, 584-090-0001, 584-090-0005, 584-090-0010, 584-090-0020, 584-090-0030, 584-090-0040, 584-090-0060

Last Date for Comment: 4-25-13, 2 p.m.

Summary: 584-017-1028 — Selection, Recruitment, Admission and Retention of Candidates — removes obsolete reference to waiver language; 584-017-0010 through 584-017-0580 — Repeals accreditation standards effective 1998 through 2012; 584-090-0001 through 584-090-0060 — repeals professional development rules effective 1998 through 2012.

Rules Coordinator: Victoria Chamberlain

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

Telephone: (503) 378-6813

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, 2012.

2.) Copyright 2013 Oregon Secretary of State: Terms and Conditions of Use

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

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