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Oregon Bulletin

April 1, 2011

NOTICES OF PROPOSED RULEMAKING AND
PROPOSED RULEMAKING HEARINGS


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

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

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

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

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


 

Board of Architect Examiners
Chapter 806

Rule Caption: Board’s Biennial Budget.

Date:                         Time:                        Location:

4-28-11                  9 a.m.                       205 Liberty St. NE, #A
                                                                           OBAE Conference Rm.
                                                                           Salem, OR 97301

Hearing Officer: Patrick Bickler

Stat. Auth.: ORS 671.125 & 182.462

Stats. Implemented: ORS 671.125 & 182.462

Proposed Amendments: 806-001-0003

Last Date for Comment: 4-28-11, Close of Hearing

Summary: To adopt the Board’s 2011–13 biennial budget, with an expenditure limit of $821,000. A copy of the proposed budget and/or rule amendment is available on the Boar’s website of www.orbae.com or by contracting the agency rules coordinator.

Rules Coordinator: Carol Moeller

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

Telephone: (503) 763-0662

 

Rule Caption: Disallowed CPE.

Date:                         Time:                        Location:

4-28-11                  9:30 a.m.                205 Liberty St. NE, #A
                                                                           OBAE Conference Rm.
                                                                           Salem, OR 97301

Hearing Officer: Patrick Bickler

Stat. Auth.: ORS 671.125, 671.080 & 671.085

Other Auth.: OAR 806-010-0145

Stats. Implemented: ORS 671.125, 671.080 & 671.085

Proposed Amendments: 806-010-0105

Last Date for Comment: 4-28-11, Close of Hearing

Summary: Each year, the Board reviews/audits a random selection of license renewal applications to verify the continuing professional education (CPE) reported on those forms by licensees. Licensees report CPE on an honor system during the renewal cycle, but must be in conformance with the requirements outlined in rule. After its review of the reported CPE, the Board has the right to disallow any of the CPE reported if it does not meet the rule requirements. The rules require licensees to have and maintain documentation to verify the CPE they report for a period of two renewal cycles in case they are selected for Board review of the CPE reported on their license renewal application form. The most common reasons the Board disallows CPE is for lack of verification. Other reasons have been because it is not an allowed CPE activity or because it is not a health, safety, and welfare subject. These requirements are outlined in rule and are within the control of the licensee who obtains/reports CPE for license renewal. If the Board disallows CPE, licensees are given a period of time to make up the disallowed CPE, and the time period frequently overlaps with the next renewal cycle and takes extra administrative efforts to monitor and verify and assure the timelines are met and prepare for the Board to consider action when/if the requirements are not ultimately met. This rule amendment assesses a $100 fee for reporting CPE on license renewals that the Board disallows only if this means that the licensee has insufficient CPE to
otherwise qualify for license renewal and is given additional period of time to obtain CPE to make up for the disallowed CPE.

Rules Coordinator: Carol Moeller

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

Telephone: (503) 763-0662

Board of Examiners for Engineering and Land Surveying
Chapter 820

Rule Caption: Clarify CPD requirements, adopt the 2011–2013 budget, and housekeeping.

Date:                         Time:                        Location:

5-10-11                  1:30 p.m.               670 Hawthorne Ave. SE
                                                                           Suite 220
                                                                           Salem, OR 97301

Hearing Officer: Grant Davis

Stat. Auth.: ORS 182.462, 670.310, 672.153, 672.155, & 672.255

Stats. Implemented: ORS 672.002–672.325

Proposed Amendments: 820-010-0305, 820-010-0325, 820-010-0635

Last Date for Comment: 5-10-11, Close of Hearing

Summary: OAR 820-010-0305 — Fees: The proposed amendment deletes the fee for the “inactive” status. The Board does not charge a fee to maintain the inactive status.

      OAR 820-010-0325 — Budget: To adopt the budget approved by the Board for the 2011–2013 biennium.

      OAR 820-010-0635 — Continuing Professional Development: Clarifies the continuing professional development (CPD) requirements as a condition of renewing a registration.

Rules Coordinator: Mari Lopez

Address: 670 Hawthorne Ave. SE, Suite 220, Salem OR 97301

Telephone: (503) 362-2666

Board of Massage Therapists
Chapter 334

Rule Caption: Adopt 2011–2013 biennial budget, remove definition of “agency.”

Date:                         Time:                  Location:

5-13-11                  9 a.m.                 Central Oregon Community College
                                                                     Boyle Education Center
                                                                     2600 NW College Way
                                                                     Bend, OR 97701

Hearing Officer: Kathy Calise

Stat. Auth.: ORS 182.460, 687.011 & 687.121

Stats. Implemented: ORS 182.460, 687.011 & 687.121

Proposed Amendments: 334-001-0012, 334-001-0060

Last Date for Comment: 5-13-11, Close of Hearing

Summary: The Oregon Board of Massage Therapists (Board) is permanently amending the 2011–2013 biennium budget, to address the financial operations of the agency.

      The Board is permanently amending the definitions to remove the word “agency” as the current definition is erroneous and the word is referenced in common terms.

Rules Coordinator: Diana Nott

Address: 748 Hawthorne Ave. NE, Salem, Oregon 97301

Telephone: (503) 365-8657 ext. 1

Construction Contractors Board
Chapter 812

Rule Caption: Housekeeping, fees for duplicate licenses and record changes, independent contractor status changes, and license/certification cards.

Date:                         Time:                        Location:

4-26-11                  11 a.m.                    West Salem Roth’s IGA
                                                                           Santiam Rm.
                                                                           1130 Wallace Rd.
                                                                           Salem, OR

Hearing Officer: Rob Hernandez

Stat. Auth.: ORS 87.093, 670.310, 701.235, 701.238, 701.325, 701.330, 701.350, 701.355 & 701.530

Stats. Implemented: ORS 87.007, 87.058, 87.093, 192.440(4)(a), 279C.460, 646.605, 670.310, 701, 701.035, 701.056, 701.063, 701.068, 701.073, 701.088, 701.105, 701.117, 701.119, 701.131, 701.235, 701.238, 701.325, 701.330, 701.350, 701.355, 701.485, 701.515 & 701.530

Proposed Adoptions: 812-003-0321, 812-007-0031, 812-007-0032, 812-008-0065, 812-008-0077, 812-025-0032, 812-030-0223, 812-030-0235

Proposed Amendments: 812-001-0200, 812-002-0640, 812-002-0700, 812-003-0310, 812-003-0320, 812-008-0209

Last Date for Comment: 4-26-11, Close of Hearing

Summary: • 812-001-0200 is amended to reference a revised form of notice. Key revisions are in the section “A license requires the contractor to maintain a surety bond and liability insurance.” The revised notice advises that the surety bond is not intended as a safety net for consumer damages. Consumers with large projects may wish to look into performance bonds.

      • 812-002-0640 is amended because language is no longer necessary due to another rule amendment (812-003-0290) February 2011.

      • 812-002-0700 is amended to correct the statute reference.

      • 812-003-0310 is amended adds a $10 fee to replace a license and pocket card.

      • 812-003-0320 is amended to allow contractors to electronically change independent contractor class without charge and rewrites for clarity. CCB will still charge contractors $20 to submit a paper change form.

      • 812-007-0031, 812-008-0077, 812-025-0032, 812-030-0223 are adopted to establish a $10 fee to replace a license and pocket card.

      • 812-003-0321 is adopted to recognize that the exempt-nonexempt status of a contractor may change from time to time. The rule requires the licensed contractor to notify CCB within 30 days of the change.

      • 812-007-0032 is adopted to require LBP licensees to notify the Board of any mailing or e-mail address change. Notification needs to occur within 10 days of the change. There is no charge for making the change to the Board’s records.

      • 812-008-0209 is amended to comply with ORS 105.838(1) that becomes effective 4/1/11; which requires before a person can sell a home, the home must be equipped with one or more properly functioning carbon monoxide detectors.

      • 812-008-0065 is adopted to require certified home inspectors to notify the board of any mailing or e-mail address change. Notification needs to occur within 10 days of the change. There is no charge for making the change to the board’s records.

      • 812-030-0235 is adopted to require certified locksmiths to notify the board of any mailing or e-mail address change. Notification needs to occur within 10 days of the change. There is no charge for making the change to the board’s records.

Rules Coordinator: Catherine Dixon

Address: Construction Contractors Board, 700 Summer St. NE, Suite 300, Salem, OR 97310

Telephone: (503) 378-4621, ext. 4077

County Fair Commission
Chapter 621

Rule Caption: Specifies what a County Fair Board must do to comply with a policy related to professional development.

Date:                         Time:                        Location:

4-16-11                  9 a.m.                       Benton County Fairgrounds
                                                                           110 SW 53rd St.
                                                                           Corvallis, OR

Hearing Officer: Les Carlsen

Stat. Auth.: ORS 565.405–565.455

Stats. Implemented: ORS 565.405–565.455

Proposed Amendments: 621-001-0005

Last Date for Comment: 4-16-11, Close of Hearing

Summary: The proposed rule outlines what a county fair must do to comply with the required policy related to professional development. Specifically the rule requires that a county fair must have at least one representative participate in the following activities: (1) Oregon Fairs Association annual convention; (2) Oregon Fairs Association annual spring leadership conference; and (3) and area meeting of the Oregon Fairs Association.

Rules Coordinator: John McCulley

Address: County Fair Commission, P.O. Box 2042, Salem, OR 97308

Telephone: (503) 370-7019

Department of Agriculture
Chapter 603

Rule Caption: Changes fee reimbursing the Department for statutorily required commission oversight functions; changes fee appointment.

Date:                         Time:                        Location:

4-26-11                  3 p.m.                       635 Capitol St. NE
                                                                           Hearings Room
                                                                           Salem, OR 97301

Hearing Officer: Jim Cramer

Stat. Auth.: ORS 561.190, 576.066(1)(e)

Stats. Implemented: ORS 573.320(3)

Proposed Amendments: 603-042-0020

Last Date for Comment: 4-27-11, 5 p.m.

Summary: Revises rule to ensure the Oregon Department of Agriculture is reimbursed for all costs of supervisory and administrative functions that the Department is required by law to perform with regard to commodity commissions. For the first time in 10 years, the fee paid by all 25 commodity commissions will be increased to a total of $250,000 to cover all program costs. The rule revision also modifies the formula for apportioning the fee among the commissions. The revised formula uses an initial charge of 2.3% of an individual commission’s annual assessment income, with adjustments to pick up the difference between the first charge and the total $250,000 fee. The revised formula sets a maximum fee per commission of $35,000. A minimum flat fee of $750 is set for commissions with $30,000 or less annual assessment income.

Rules Coordinator: Sue Gooch

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

Telephone: (503) 986-4583

Department of Agriculture,
Oregon Processed Vegetable Commission
Chapter 647

Rule Caption: Amend rules related to assessment rates.

Date:                         Time:                        Location:

4-20-11                  7:30 p.m.               3415 Commercial St. SE
                                                                           Salem, OR

Hearing Officer: Gary Hull

Stat. Auth.: ORS 576.051–576.595

Stats. Implemented: ORS 576.051–576.595

Proposed Amendments: 647-010-0010

Last Date for Comment: 4-20-11, Close of Hearing

Summary: The proposed rule amendments set the assessment rates for the six processed vegetable crops governed by the commission.

Rules Coordinator: John McCulley

Address: Department of Agriculture, Processed Vegetable Commission, PO Box 2042, Salem, OR 97308-2042

Telephone: (503) 370-7019

Department of Agriculture,
Oregon Salmon Commission
Chapter 646

Rule Caption: Amend per diem rate for Oregon Salmon Commission commissioners from $30.00 to $50.00.

Date:                         Time:                        Location:

4-22-11                  9 a.m.                       U.S. Fish & Wildlife Service
                                                                           2127 SE Marine Science Dr.
                                                                           Newport, OR

Hearing Officer: Nancy Fitzpatrick

Stat. Auth.: ORS 675.304

Other Auth.: Motion made by OR Salmon Commission Board at 5-25-10 mtg. in Newport, OR.

Stats. Implemented: ORS 292.495, 576.206(7) & 576.265

Proposed Amendments: 646-040-0000

Last Date for Comment: 4-22-11, Close of Hearing

Summary: Sets per diem for commissioners at $50.00. The 2009 Oregon Legislature approved HB 2458 which amended ORS 576.265 to exempt commodity commissions from the per diem limits set in ORS 292.495.

Rules Coordinator: Nancy Fitzpatrick

Address: Department of Agriculture, Salmon Commission, PO Box 983, Lincoln City, OR 97367

Telephone: (541) 994-2647

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

Rule Caption: Reporting and remittance of workers’ compensation premium assessment.

Date:                         Time:                        Location:

4-20-11                  1:30 p.m.*            Labor & Industries Bldg., Rm. F
                                                                           350 Winter St. NE
                                                                           Salem, OR

Hearing Officer: Fred Bruyns

Stat. Auth.: ORS 656.726(4), 656.612 & 656.614

Stats. Implemented: ORS 656.612 & 656.614

Proposed Amendments: Rules in 463-085

Last Date for Comment: 4-25-11

Summary: *NOTE: The hearing will begin at 1:30 p.m. and end when all present who wish to testify have done so. Written testimony will be accepted through April 25, 2011.

      The agency proposes to amend OAR chapter 436, division 085, “Premium Assessment.” These proposed rules:

      • Clarify some of the reporting and remittance requirements through the use of plain language and removal of obsolete information.

      • Define “exempted earned premium” and “self-insured employer group.”

      • List key criteria for annual reporting eligibility.

      Address questions or requests for paper copies of the rules to: Fred Bruyns, Rules Coordinator; phone 503-947-7717; fax 503-947-7514; e-mail fred.h.bruyns@state.or.us. Proposed rules are available on the Workers’ Compensation Division’s website: http://wcd.oregon.gov/policy/rules/rules.html#proprules

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 Corrections
Chapter 291

Rule Caption: Transfer of Offenders Between Community Corrections Agencies.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Proposed Amendments: 291-019-0110, 291-019-0130, 291-019-0150

Proposed Repeals: 291-019-0047

Last Date for Comment: 4-25-11

Summary: Modification of these rules is necessary for to include low risk offenders in a practice that previously only addressed limited risk offenders. Other changes are necessary for housekeeping purposes.

Rules Coordinator: Janet R. Worley

Address: Department of Corrections, 2575 Center St. NE, Salem, OR 97301-4667

Telephone: (503) 945-0933

 

Rule Caption: Mail for inmates that contains clippings or copies in which the subject is nude or partially nude.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075

Proposed Amendments: 291-131-0020, 291-131-0025, 291-131-0035, 291-131-0037

Last Date for Comment: 4-25-11

Summary: These rule amendments are necessary to clearly establish department policy that incoming and outgoing mail to inmates that contains clippings or copies in which a subject is nude or partially nude is prohibited.

Rules Coordinator: Janet R. Worley

Address: Department of Corrections, 2575 Center St. NE, Salem, OR 97301-4667

Telephone: (503) 945-0933

 

Rule Caption: Interstate Compact for Adult Offenders.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Proposed Adoptions: 291-180-0251, 291-180-0261

Proposed Repeals: 291-180-0115, 291-180-0125, 291-180-0135, 291-180-0145, 291-180-0155, 291-180-0165, 291-180-0175, 291-180-0185, 291-180-0195, 291-180-0205, 291-180-0215, 291-180-0225, 291-180-0235, 291-180-0245, 291-180-0255, 291-180-0285, 291-180-0295, 291-180-0305, 291-180-0315, 291-180-0325, 291-180-0335, 291-180-0345, 291-180-0355, 291-180-0365, 291-180-0375, 291-180-0385, 291-180-0395, 291-180-0405, 291-180-0415, 291-180-0425, 291-180-0435, 291-180-0445, 291-180-0455, 291-180-0465, 291-180-0475, 291-180-0485, 291-180-0495, 291-180-0505, 291-180-0515, 291-180-0525, 291-180-0535, 291-180-0545, 291-180-0555, 291-180-0565, 291-180-0575, 291-180-0585, 291-180-0595, 291-180-0605, 291-180-0615, 291-180-0625, 291-180-0635, 291-180-0645, 291-180-0655, 291-180-0665

Last Date for Comment: 4-25-11

Summary: The Department of Corrections fully participates in the Interstate Compact for Adult Offender Supervision (ICAOS). These rule modifications are necessary so that the department may adopt by reference the most current rules published by the Interstate Compact for Adult Offender Supervision (ICAOS).

Rules Coordinator: Janet R. Worley

Address: Department of Corrections, 2575 Center St. NE, Salem, OR 97301-4667

Telephone: (503) 945-0933

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

Rule Caption: Disability Determination Services Rates of Payment — Medical.

Date:                         Time:                        Location:

4-19-11                  4 p.m.                       Human Services Bldg.
                                                                           500 Summer St. NE
                                                                           Rooms 137AB
                                                                           Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 410.070

Stats. Implemented: ORS 410.070

Proposed Adoptions: 411-200-0035

Proposed Amendments: 411-200-0010, 411-200-0020, 411-200-0030, 411-200-0040

Last Date for Comment: 4-22-11, 5 p.m.

Summary: The Department of Human Services (DHS), Seniors and People with Disabilities Division (SPD), Disability Determination Services (DDS) is proposing to amend the rules relating to rates of payment in OAR chapter 411, division 200 to:

      • Revise the statutory authority to accurately reflect the position of DDS within SPD;

      • Clarify language and definitions for consistency and uniformity to align with DHS standards;

      • Reorganize and create subsections to clarify specific medical components;

      • Clarify wording for maximum fees permitted;

      • Clarify entities eligible for authorized reimbursements;

      • Make a distinction between vendors, consultants, and contractors;

      • Add electronic documents as a kind of medical evidence where appropriate;

      • Reiterate the limits and extent of medical fees for consultants and contractors;

      • Clarify reimbursements for general and Office of Disability Adjudication Review file reviews;

      • Clarify reimbursement limits for certain scheduled services; and

      • Include rules specific to certified translators.

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: Support Services for Adults with Developmental Disabilities.

Date:                         Time:                        Location:

4-19-11                  2:30 p.m.               Human Services Bldg.
                                                                           500 Summer St. NE
                                                                           Rooms 137AB
                                                                           Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 409.050 & 410.070

Other Auth.: ORS 291.261

Stats. Implemented: ORS 427.005, 427.007 & 430.610–430.695

Proposed Amendments: 411-340-0030, 411-340-0040, 411-340-0120

Proposed Repeals: 411-340-0030(T), 411-340-0040(T), 411-340-0060(T), 411-340-0120(T)

Last Date for Comment: 4-21-11, 5 p.m.

Summary: In response to legislatively required budget reductions effective October 1, 2010, the Department of Human Services (DHS), Seniors and People with Disabilities Division (SPD) is proposing to permanently amend various support services rules in OAR chapter 411, division 340 to change:

      The certification period for support services brokerages and provider organizations; and

      The specific internal brokerage operations around the routing of written incident reports, the approval of revisions to the Individual Support Plan (ISP), and the required review of ISPs.

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 public record request procedures and fees.

Stat. Auth.: ORS 181.640 & 192.440

Stats. Implemented: ORS 181.640 & 192.440

Proposed Amendments: 259-025-0000

Last Date for Comment: 4-21-11, Close of Business

Summary: This proposed rule update removes language referring to obsolete practice and establishes a more comprehensive fee schedule, taking into consideration the labor and materials needed to fulfill a request. Language is also added that allows DPSST to withhold records until payment is received.

Rules Coordinator: Linsay Bassler

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

Telephone: (503) 378-2431

Department of Transportation,
Highway Division
Chapter 734

Rule Caption: ODOT intends to adopt and amend rules relating to pilot cars and general permit provisions.

Stat. Auth.: ORS 184.616, 184.619, 810.050 & 810.060 & 823.011

Stats. Implemented: ORS 816.350, 818.030, 818.170, 818.200, 818.225, & 818.230

Proposed Adoptions: 734-075-0085

Proposed Amendments: 734-070-0005, 734-070-0010, 734-070-0025, 734-071-0010, 734-072-0010, 734-072-0015, 734-072-0020, 734-072-0022, 734-072-0023, 734-072-0030, 734-073-0050, 734-073-0056, 734-073-0065, 734-074-0020, 734-074-0023, 734-074-0051, 734-075-0035, 734-076-0005, 734-076-0015, 734-076-0075, 734-076-0115, 734-076-0165, 734-076-0175, 734-077-0010, 734-078-0020, 734-079-0005, 734-079-0015, 734-082-0035, 734-082-0040, 734-082-0070, 734-082-0080

Proposed Repeals: 734-075-0065, 734-075-0075, 734-075-0080

Last Date for Comment: 4-21-11

Summary: These rules describe variance permit conditions and requirements. Corrective revisions conform the rules to Secretary of State standards. Other changes are needed to ensure motor carriers understand the ultimate liability for damage caused during an oversize movement resides solely with the motor carrier, even if the carrier followed the Departments suggested route as listed on the variance permit. The proposed amendments clarify that the motor carrier is responsible for determining adequate clearance and would require pilot cars to use over-height poles for loads exceeding 14 feet 6 inches high when the permittee chooses not to sign a declaration of liability with the department for all damages. The rules are needed to provide the carrier with a reasonable industry approach to check load height and clearly designate liability for damages that may occur during the movement of the permitted load.

      The new rule will add the current general permit provisions written for variance permits issued for non-divisible loads and Road Use Assessment Fees in OAR 734-082 and apply the provisions to the movement of over-dimension mobile home and modular building units in OAR 734-075. The rule is needed to strengthen existing rules by adding bond and insurance requirements along with all other permit provisions.

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

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171

Department of Transportation,
Motor Carrier Transportation Division
Chapter 740

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

Stat. Auth.: ORS 153.022, 183.616, 183.619, 823.011, 825.232, 825.252 & 825.258

Stats. Implemented: ORS 153.018, 823.011, 825.210, 825.250, 825.252, 825.258 & 825.260

Proposed Amendments: 740-100-0010, 740-100-0020, 740-100-0065, 740-100-0070, 740-100-0080, 740-100-0085 740-100-0090, 740-100-0100, 740-110-0010

Last Date for Comment: 4-21-11

Summary: These rules cover 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. Amendments to the adoption of CFR 49 Part 391 regarding driver qualifications for intrastate motor carriers are necessary to ensure compatibility with federal regulations. Oregon stands to lose approximately $2.4 million of Motor Carrier Safety Assistance Program (MCSAP) funds if it fails to amend and maintain compatible rules.

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

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171

Land Conservation and Development Department
Chapter 660

Rule Caption: Metropolitan Greenhouse Gas Reduction Targets.

Date:                         Time:                        Location:

4-21-11                  9 a.m.                       635 Capitol St. NE
                                                                           Basement Hearing Rm.
                                                                           Salem, OR

Hearing Officer: LCDC

Stat. Auth.: ORS 197.040, 2009 OL Ch. 865, §37(6) (HB 2001), 2010 OL Ch. 85, §5 (SB 1059)

Stats. Implemented: 2009 OL Ch. 865, §37(6) (HB 2001), 2010 OL Ch. 85, §5 (SB 1059)

Proposed Adoptions: 660-044-0000, 660-044-0005, 660-044-0010, 660-044-0020, 660-044-0025, 660-044-0030, 660-044-0035

Last Date for Comment: 4-21-11

Summary: These rules set targets for reducing greenhouse gas emissions from light vehicle travel for each of the state’s metropolitan areas for the year 2035 to aid in meeting the state goal in ORS 468A.205 to reduce the state’s greenhouse gas emissions in 2050 to 75 percent below 1990 levels.

      The targets provide guidance to local governments in metropolitan areas on the level of reduction in greenhouse gas emissions to plan for as they conduct land use and transportation scenario planning. Land use and transportation scenario planning to meet the targets is required of the Portland metropolitan area and is encouraged, but not required, in other metropolitan areas.

      Land use and transportation scenario planning is intended to be a means for local governments in metropolitan areas to explore ways that urban development patterns and transportation systems would need to be changed to achieve significant reductions in greenhouse gas emissions from light vehicle travel. Scenario planning is a means to address benefits and costs of different actions to accomplish reductions in ways that allow communities to assess how communities meet other important needs, including accommodating economic development and housing needs, expanding transportation options, and reducing transportation costs.

Rules Coordinator: Casaria Tuttle

Address: Land Conservation and Development Department, 635 Capitol St. NE, Suite 150, Salem, OR 97301

Telephone: (503) 373-0050, ext. 322

Landscape Architect Board
Chapter 804

Rule Caption: Adoption of the biennial budget for 2011–13 with a spending limitation of $341,035.

Date:                         Time:                        Location:

5-6-11                     10 a.m.                    707 13th St.
                                                                           Conference Rm.
                                                                           Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 671.415, 182.462 & 670.310

Stats. Implemented: ORS 671.415 & 182.462

Proposed Amendments: 804-001-0002

Last Date for Comment: 5-6-11, 5 p.m.

Summary: The Administrative Rule revision will adopt the 2011–13 biennial budget for the Board with a spending limit of $341,035. Individuals may request a copy of the budget by contacting Board staff.

Rules Coordinator: Marilou Arrobang

Address: Landscape Architect Board, 707 13th St. SE, Suite 261, Salem, OR 97301

Telephone: (503) 589-0093

Landscape Contractors Board
Chapter 808

Rule Caption: Removes requirement to submit pay stub with Verification Form.

Stat. Auth.: ORS 670.310 & 671.670

Stats. Implemented: ORS 671.565

Proposed Amendments: 808-003-0018

Last Date for Comment: 4-22-11, 5 p.m.

Summary: Removes requirement to submit pay stub with Verification Form.

Rules Coordinator: Kim Gladwill-Rowley

Address: 2111 Front St. NE, Suite 2-101, Salem, OR 97301

Telephone: (503) 378-5909 ext. 223

Oregon Department of Education
Chapter 581

Rule Caption: Modifies appeals procedure relating to special education complaint investigations.

Stat. Auth.: ORS 343.041

Stats. Implemented: ORS 343.041

Proposed Amendments: 581-001-0005, 581-015-2030

Last Date for Comment: 4-21-11, 5 p.m.

Summary: Generally the Superintendent of Public Instruction allows a person entitled to judicial review of a final order to request reconsideration of a final order issued by the Superintendent. However, the Department recently was notified by the federal Office of Special Education Programs that for those orders relating to special education complaint investigations this allowance violates the federal Individuals with Disabilities Act. The rule amendments will bring Oregon into compliance with federal law.

Rules Coordinator: Diane Roth

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

Telephone: (503) 947-5791

Oregon Health Authority,
Addictions and Mental Health Division: Mental Health Services
Chapter 309

Rule Caption: Informed Consent and Significant Procedures in State Institutions.

Date:                         Time:                        Location:

4-15-11                  10:30 a.m.             500 Summer St. NE
                                                                           Room 137A
                                                                           Salem, OR 97301

Hearing Officer: Richard Luthe

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 179.321, 183.458, 426.070 & 426.385

Proposed Adoptions: 309-114-0012, 309-114-0040, 309-114-0050, 309-114-0060, 309-114-0070

Proposed Amendments: 309-114-0000, 309-114-0005, 309-114-0010, 309-114-0015, 309-114-0020, 309-114-0025, 309-114-0030

Proposed Repeals: 309-114-0005(T), 309-114-0020(T), 309-114-0025(T), 309-114-0030(T), 309-114-0040(T), 309-114-0050(T), 309-114-0060(T), 309-114-0070(T)

Last Date for Comment: 4-22-11

Summary: These rules relate to the administration of significant procedures to individuals in state institutions operated by the Addictions and Mental Health Division of the Oregon Health Authority, under the following circumstances:

      With informed consent;

      Without informed consent in emergencies; and

      • Involuntarily for good cause.

      These rules also address the processes of independent evaluations and contested case hearings related to significant procedures.

Rules Coordinator: Richard Luthe

Address: Oregon Health Authority, Addictions and Mental Health Division: Mental Health Services, 500 Summer St. NE, E-86, Salem, OR 97301

Telephone: (503) 945-7652

Oregon Health Authority,
Office of Private Health Partnerships
Chapter 442

Rule Caption: Amend FHIAP self-employment rules.

Stat. Auth.: ORS 735.724, 735.734 & 735.720–735.740

Stats. Implemented: ORS 735.720–735.740

Proposed Amendments: 442-005-0030, 442-005-0070, 442-005-0240

Last Date for Comment: 4-21-11

Summary: 442-005-0030 — to enable approved FHIAP members to enroll in health insurance more quickly.

      442-005-0070 — to streamline and clarify income determination.

      442-005-0240 — to clarify pend status.

Rules Coordinator: Margaret Moran

Address: Oregon Health Authority, Office of Private Health Partnerships, 250 Church St. SE, Suite 200, Salem, OR 97301

Telephone: (503) 378-5664

Oregon Health Authority,
Oregon Educators Benefit Board
Chapter 111

Rule Caption: Revise definition of eligible employee and correct language related to the term benefit plan.

Date:                         Time:                        Location:

4-21-11                  10 a.m.                    PEBB/OEBB Boardroom
                                                                           1225 Ferry St. SE
                                                                           Salem, OR 97301

Hearing Officer: OEBB Staff

Stat. Auth.: ORS 243.860–243.886

Stats. Implemented: ORS 243.864(1)(a)

Proposed Amendments: 111-010-0015

Last Date for Comment: 4-29-11, 5 p.m.

Summary: At the December Board meeting, the OEBB Board approved a request to expand eligibility to certain part-time employees. This revision to OAR 111-010-0015 includes a revised definition of eligible employee to include this group. In addition, we are correcting terminology used in the definition of “benefit plan” to use the statutory phrase.

Rules Coordinator: April Kelly

Address: 1225 Ferry St. SE, Salem, OR 97301

Telephone: (503) 378-6588

 

Rule Caption: Amends OEBB’s qualified status change rule.

Date:                         Time:                        Location:

4-21-11                  10 a.m.                    PEBB/OEBB 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: 111-040-0040

Last Date for Comment: 4-29-11, 5 p.m.

Summary: OAR 111-040-0040 is amended to include a qualified status change which allows an OEBB member to make a change to their benefit selections outside of the annual open enrollment when their spouse/domestic partner’s annual open enrollment or plan year is different from OEBB’s.

Rules Coordinator: April Kelly

Address: 1225 Ferry St. SE, Salem, OR 97301

Telephone: (503) 378-6588

 

Rule Caption: Amends OEBB’s Eligibility and Policy Term Violation rules.

Date:                         Time:                        Location:

4-21-11                  10 a.m.                    PEBB/OEBB Boardroom
                                                                           1225 Ferry St. SE
                                                                           Salem, OR 97301

Hearing Officer: OEBB Staff

Stat. Auth.: ORS 243.860–243.886

Stats. Implemented: ORS 243.864(1)(a)

Proposed Amendments: 111-080-0040, 111-080-0045, 111-080-0050

Last Date for Comment: 4-29-11, 5 p.m.

Summary: Amendments to 111-080-0040, 0045 and 0050 include the addition of new terminology used by OEBB to define an intentional and unintentional violation, as well as the consequences of each should they occur.

Rules Coordinator: April Kelly

Address: 1225 Ferry St. SE, Salem, OR 97301

Telephone: (503) 378-6588

Oregon Housing and Community Services Department
Chapter 813

Rule Caption: Allows the Department to appoint a representative for contested case hearings on assessed civil penalties.

Date:                         Time:                        Location:

4-27-11                  10 a.m.                    725 Summer St. NE,
                                                                           Room 124A
                                                                           Salem, OR 97301

Hearing Officer: Theresa Wingard

Stat. Auth.: ORS 183.452

Stats. Implemented: ORS 183.452 & 2005 OL Ch. 619, Sec 4

Proposed Adoptions: 813-001-0060

Last Date for Comment: 5-9-11, 5 p.m.

Summary: 813-001-0060 — Allows an employee to appear on behalf of the Department in contested case hearings conducted by the Department, by the Office of Administrative Hearings or by another agency on civil penalties assessed by the Department against a landlord or owner of a manufactured dwelling park. Establishes actions employee may be involved in during the hearing.

Rules Coordinator: Sandy McDonnell

Address: 725 Summer Street NE, Suite B, Salem Oregon 97301-1266

Telephone: (503) 986-2012

Oregon State Lottery
Chapter 177

Rule Caption: Amendments clarify that smoking includes non-tobacco substances.

Date:                   Time:                              Location:

4-19-11            10:30–11 a.m.          Oregon Lottery
                                                                           500 Airport Rd. SE
                                                                           Salem, OR

Hearing Officer: Larry Trott

Stat. Auth.: ORS 461

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

Stats. Implemented: ORS 461.200 & 461.300

Proposed Amendments: 177-040-0005, 177-045-0000, 177-045-0010

Last Date for Comment: 4-19-11, 11 a.m.

Summary: The Oregon State Lottery has initiated permanent rulemaking to amend the above referenced administrative rules.

      Substantive amendments are being made to clarify that Lottery tickets and shares may not be sold in an environment where Lottery employees, representatives, or agents are exposed to secondhand smoke from the smoking of any substance, and not just from the smoking of tobacco.

Rules Coordinator: Mark W. Hohlt

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

Telephone: (503) 540-1417

Oregon University System,
Western Oregon University
Chapter 574

Rule Caption: Revisions to special course fees and general service fees.

Stat. Auth.: ORS 351.070 & 351.072

Stats. Implemented: ORS 351.070 & 351.072

Proposed Amendments: 574-050-0005

Last Date for Comment: 4-21-11

Summary: Amendments will allow for increases, additions, and revisions of special course fees and general service fees.

Rules Coordinator: Debra L. Charlton

Address: Oregon University System, Western Oregon University, 345 N Monmouth Ave., Monmouth, OR 97361

Telephone: (503) 838-8597

Public Utility Commission
Chapter 860

Rule Caption: In the Matter of a Rulemaking to Adopt Federal Pipeline Safety Regulation Amendments.

Stat. Auth.: ORS 183, 756.040 & 757.039

Stats. Implemented: ORS 757.039

Proposed Amendments: 860-024-0020, 860-024-0021

Last Date for Comment: 4-22-11, 5 p.m.

Summary: The proposed rules adopt published US Department of Transportation (USDOT) amendments associated with the construction, operation and maintenance of intrastate gas pipelines and liquefied natural gas facilities. The amendments being adopted are from the Code of Federal Regulations, CFR Title 49, Part 192 (7 amendments) and Part 193 (3 amendments).

      Pursuant to ORS 757.039(3), the Commission has agreements with USDOT to enforce federal pipeline safety regulations pertaining to pipeline facilities in Oregon. As a condition of those agreements, the Commission must annually certify to USDOT that the Commission adopted or is in the process of adopting all current federal pipeline safety regulations applicable to intrastate gas pipelines and liquefied natural gas facilities. This rulemaking is necessary to update the Commission’s gas safety rules to be current with federal gas pipeline safety regulations.

      The Commission encourages participants to file written comments as early as practicable in the proceeding so that other participants have the opportunity to consider and respond to the comments before the deadline. Please reference Docket No. AR 549 on comments and file them by e-mail to the Commission’s Filing Center at PUC.FilingCenter@state.or.us and also send a signed hard copy to the Filing Center at PO Box 2148, Salem, Oregon 97308-2418. For more information about the Commission’s Filing Center, please see http://www.puc.state.or.us/PUC/eFiling/fcindex.shtml. Interested persons may review all filings online at http://apps.puc.state.or.us/edockets/docket.asp?DocketID=16665

Rules Coordinator: Diane Davis

Address: Public Utility Commission of Oregon, PO Box 2148, Salem, OR 97308

Telephone: (503) 378-4372

Racing Commission
Chapter 462

Rule Caption: Proposed rulemaking will edit OARs to provide more detailed direction to licensees regarding regulatory expectations.

Date:                 Time:                                              Location:

4-21-11           10:30 a.m.–12:30 p.m.       800 NE Oregon St.,
                                                                                          Room 221
                                                                                          Portland, OR 97232

Hearing Officer: Charles Williamson

Stat. Auth.: ORS 462.270(3), 462.700 & 462.725

Stats. Implemented: ORS 462.142 & ORS 462.725

Proposed Amendments: 462-210-0030, 462-210-0040, 462-220-0030

Last Date for Comment: 4-21-11, Close of Hearing

Summary: AMEND: Amendment #1: 462-210-0030 (Establishing an Account): Remove language pertaining to player account balance requirements.

      Amendment #2: 462-210-0040(3)(a)(A) (Operation of an Account): Amends the section to state, “Cash deposit made at an approved outlet, or other deposit mechanisms as approved by the commission; or”

      Amendment #3: 462-210-0040(13) (Operation of an Account): Amends section to read, “Upon request the account wagering center shall provide on an annual basis, at no cost, a written statement of an individual’s account activity. Unless written notice to the contrary is received by the account wagering center within fourteen (14) days of the date that any statement is sent to an account holder, the statement will be deemed accepted as correct.”

      Amendment #4: 462-220-0030(1) (Approval of the License for a Hub Operation): Adds (1)(a) and (1)(a)(A) which state: (1)(a) “A license may range from one to three years and should be so noted in the application submitted” and, (1)(a)(A) “ The daily licensing fee is to be remitted no later than June 30 of each year licensing is being requested or has been granted for.”

      Amendment #5: 462-220-0030(6)(a) (Approval of the License for a Hub Operation): Removes “with an FDIC insured bank” and replaces it with, “into an insured account”

      Amendment #6: 462-220-0030(9) and (9)(a) (Approval of the License for a Hub Operation): Amends (9) and (9)(a) to read as follows:

      (9) An applicant must provide the following to the commission:

      (a) Access to customer call monitoring, account holder detail, and electronic wagering data;

      Amendment #7: 462-220-0030(10) (Approval of the License for a Hub Operation): Adds new sub-section (10) which reads: “An applicant must maintain all customer account related documentation for a period of not less than one year, audio recording for a period of not less than three months.

Rules Coordinator: Nancy A. Artmann

Address: 800 NE Oregon St., Suite 310, Portland, OR 97232

Telephone: (971) 673-0211

Secretary of State,
Corporation Division
Chapter 160

Rule Caption: Updates current name availability rules.

Stat. Auth.: ORS 56.022, 58, 60, 62, 63, 65, 68, 70, 128, 183, 554 & 648

Stats. Implemented: ORS 58.085, 60.094, 62.131, 63.094, 65.094, 68.735, 70.010, 128.580, 554.005 & 648.051

Proposed Amendments: 160-010-0010, 160-010-0013, 160-010-0014

Last Date for Comment: 4-21-11

Summary: These rules detail the criteria used to determine if business names may be registered with the Corporation Division. The statutory standard is that names names may only be registered if they are distinguishable on record. These rules define what does and what does not make a name distinguishable.

Rules Coordinator: Karen Hutchinson

Address: Secretary of State, Corporation Division, 255 Capitol St. NE, Suite 151, Salem, OR 97310

Telephone: (503) 986-2364

Teacher Standards and Practices Commission
Chapter 584

Rule Caption: Amends licensure fees, adopts Licensed Conditional Assignment (LCA), and clarifies eligibility for Social Worker license for out-of-state applicants.

Date:                         Time:                        Location:

4-22-11                  1–3 p.m.                 TSPC Office
                                                                           465 Commercial St. NE
                                                                           Salem, OR 97301

Hearing Officer: Lynn Beaton

Stat. Auth.: ORS 342

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

Proposed Amendments: 584-020-0040, 584-036-0055, 584-070-0431

Last Date for Comment: 5-12-11, 12 p.m.

Summary: 584-020-0040 — Grounds for Disciplinary Action — Adds he citation for the specific statue referring to an educator’s privilege relating to confidentiality of student information.

      584-036-0055 — Fees — Reduces proposed fee for potential License of Conditional Assignment (LCA) to $25. Adds Initial Social Worker License Fee [$100].

      584-070-0431 — Transitional School Social Worker License for First Time Out-of-State Applicants — Clarifies that applicant must not have previously held an Oregon social worker or school social worker license. Eligibility includes qualified applicant must hold an unrestricted school social worker license in any other state or jurisdiction.

Rules Coordinator: Lynn Beaton

Address: Teacher Standards and Practices Commission, 465 Commercial St. NE, Salem, OR 97301

Telephone: (503) 373-0981

Veterinary Medical Examining Board
Chapter 875

Rule Caption: Allows veterinarians to waive physical exams for animals presented for vaccines only.

Date:                         Time:                        Location:

4-14-11                  6:30–8 p.m.         800 NE Oregon St.
                                                                           Room 1A
                                                                           Portland, OR 97232

Hearing Officer: Lori Makinen

Stat. Auth.: ORS 686.210

Stats. Implemented: ORS 686.130

Proposed Amendments: 875-015-0030

Last Date for Comment: 4-30-11

Summary: Allows a veterinarian to waive the physical examination of an apparently healthy animal presented for vaccination only. Administration of vaccine without a physical examination will not establish a Veterinary-Client-Patient-Relationship (VCPR).

Rules Coordinator: Lori V. Makinen

Address: Veterinary Medical Examining Board, 800 NE Oregon St., Suite 407, Portland, OR 97232

Telephone: (971) 673-0224

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

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

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

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