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.
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 |