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Oregon Bulletin

May 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 Chiropractic Examiners
Chapter 811

  • Rule Caption: Establishes minimum educational and other requirements for dry needling.
  • Date:                         Time:                        Location:
    • 5-17-11                  1:30 p.m.               OBCE Offices
                                                                                 3218 Pringle Rd. SE, Suite 150
                                                                                 Salem, OR 97302
  • Hearing Officer: Dave McTeague
  • Stat. Auth.: ORS 684
  • Stats. Implemented: ORS 684.155(b)
  • Proposed Adoptions: 811-015-0036
  • Last Date for Comment: 5-17-11, Close of Hearing
  • Summary: Establishes minimum educational and other requirements for dry needling.
  •       The May 17, 2011 Administrative Rule Hearing date in this notice supersedes the previously announced hearing date of May 19, 2011 as published in the March 2011 Oregon Bulletin.
  • Rules Coordinator: Donna Dougan
  • Address: 3218 Pringle Rd. SE Suite 150, Salem, OR 97302
  • Telephone: (503) 373-1579

Board of Geologist Examiners
Chapter 809

  • Rule Caption: Adoption of the Board’s 2011–2013 Operating Budget.
  • Date:                         Time:                        Location:
  • 5-19-11                  9–10 a.m.              Conference Room A
                                                                               707 13th St. SE, Suite 260
                                                                               Salem, OR 97301
  • Hearing Officer: Christine Valentine
  • Stat. Auth.: ORS 182.462, 182.466 & 672.505–672.705
  • Stats. Implemented: ORS 182.462 & 672.615
  • Proposed Amendments: 809-010-0025
  • Last Date for Comment: 5-19-11
  • Summary: This Administrative Rule revision will adopt the 2011-2013 biennial budget of the Board with a spending limit of $459,653. The Board deliberated on this budget during December 2010 and March 2011 Board meetings and approved the 2011-2013 budget on March 29, 2011. The Board is now presenting the budget for review by its registrants and other interested parties. Individuals may view a copy of the budget rule on the Board’s web page or may request a copy of the budget by contacting the Board’s administrative office.
  • Rules Coordinator: Christine Valentine
  • Address: Board of Geologist Examiners, 707 13th St. SE, Suite 260, Salem, OR 97301
  • Telephone: (503) 566-2837

  • Rule Caption:
    Adopt Signature Requirements, Update Qualifications for Fundamentals Exam/Geologist-in-Training, Update Board Fees.
  • Stat. Auth.: ORS 182.451–182.472 & 672.505–672.705
  • Stats. Implemented: ORS 182.466, 672.525, 672.555, 672.585 & 672.605
  • Proposed Adoptions: 809-050-0005
  • Proposed Amendments: 809-010-0001, 809-030-0025
  • Last Date for Comment: 5-19-11
  • Summary: New proposed rule OAR 809-050-0005: Signature specifies procedures for signature of documents prepared by a registered geologist or registered engineering geologist. The rule also provides for electronic or digital signatures and sets specifications for the authorized use of such signatures on documents prepared by a registered geologist or registered engineering geologist.
  •       Amended proposed rule OAR 809-030-0025: Qualifications for Geologist Fundamentals Examination and Certification as a Geologist-in-Training updates and clarifies the geology coursework requirements that must be addressed by an applicant for the geologist fundamentals examination. The rule also clarifies the need for documentation via official transcripts of the applicant.
  •       Amended proposed rule OAR 809-010-0001: Fees updates the fee charged by the Board for the Practice Section of the national examination for geologist certification, reflecting a fee increase made by the national association providing standardized written examinations for determining qualifications of applicants seeking licensure as professional geologists. This proposed rule also proposes reinstatement of two fees that were removed inadvertently during a past rulemaking. The two fees are designed to cover administrative costs associated with maintenance of examination files for passing examinees who do not register in Oregon and for providing a detailed list of registrants above and beyond the version routinely available via the Board’s website.
  • Rules Coordinator: Christine Valentine
  • Address: Board of Geologist Examiners, 707 13th St. SE, Suite 260, Salem, OR 97301
  • Telephone: (503) 566-2837

Board of Nursing
Chapter 851

  • Rule Caption: Rules to clarify nurse prescriber authority related to off label, compounded, and grandfathered drugs.
  • Date:                         Time:                        Location:
  • 6-23-11                  9 a.m.                       17938 SW Upper Boones
                                                                               Ferry Rd.
                                                                               Portland, OR 97224
  • Hearing Officer: Pat Markesino, Board President
  • Stat. Auth.: ORS 678.385 & 678.390
  • Stats. Implemented: ORS 678.370, 678.372, 678.375, 678.380 & 678.390
  • Proposed Amendments: 851-056-0000, 851-056-0010, 851-056-0012, 851-056-0016
  • Last Date for Comment: 6-21-11, 5 p.m.
  • Summary: These rules cover the authority of the Clinical Nurse Specialist and Nurse Practitioner to prescribe and dispense drugs. These rule amendments clarify their ability to prescribe off label, compounded, and grandfathered drugs.
  • Rules Coordinator: Peggy A. Lightfoot
  • Address: Board of Nursing, 17938 SW Upper Bones Ferry Rd., Portland, OR 97224
  • Telephone: (971) 673-0638

  • Rule Caption: Rule amendments for Nursing Assistant, Medication Aide, and CNA2 training programs.
  • Date:                         Time:                        Location:
  • 6-23-11                  9 a.m.                       17938 SW Upper Boones
                                                                               Ferry Rd.
                                                                               Portland, OR 97224
  • Hearing Officer: Pat Markesino, Board President
  • Stat. Auth.: ORS 678.440 & 678.444
  • Stats. Implemented: ORS 678.440 & 678.444
  • Proposed Adoptions: 851-061-0075
  • Proposed Amendments: 851-061-0020, 851-061-0030, 851-061-0040, 851-061-0050, 851-061-0080, 851-061-0090, 851-061-0110, 851-061-0130
  • Last Date for Comment: 6-21-11, 5 p.m.
  • Summary: These rules cover the standards for training programs for Nursing Assistants (NA) and Medication Aides (MA). This rule amendment includes language to permit on-line training for CNA2s and Medication Aides, removes barriers in the director/instructor/ preceptor qualifications for MA training programs, increases the classroom/lab hours for MA training programs, and adds student protection for NA and MA training programs.
  • Rules Coordinator: Peggy A. Lightfoot
  • Address: Board of Nursing, 17938 SW Upper Bones Ferry Rd., Portland, OR 97224
  • Telephone: (971) 673-0638

Board of Optometry
Chapter 852

  • Rule Caption: Implementation of criminal records checks for new, renewing, reinstating, and reactivating licensees.
  • Date:                         Time:                        Location:
  • 6-10-11                  9 a.m.                       1900 Hines St. SE
                                                                               2nd Floor Conference Rm.
                                                                               Salem, OR 97302
  • Hearing Officer: Robert Mans, OD, President
  • Stat. Auth.: ORS 182, 676 & 683
  • Stats. Implemented: ORS 683.140, 683.270, 676.175, 676.303,  181.534
  • Proposed Adoptions: 852-050-0025
  • Last Date for Comment: 6-10-11
  • Summary: 852-050-0025 – Implementation of criminal records checks for new, renewing, reinstating, and reactivating licensees.
  • Rules Coordinator: Kelly Paige
  • Address: Board of Optometry, PO Box 13967, Salem, OR 97309
  • Telephone: (503) 399-0662, ext. 23

  • Rule Caption:
    Expand and revise definitions related to licensing, practice and regulation of optometry.
  • Date:                         Time:                        Location:
  • 6-10-11 6-10-11                  9 a.m.                      
                                                                               2nd Floor Conference Rm.
                                                                               Salem, OR 97302
  • Hearing Officer: Robert Mans, OD, President
  • Stat. Auth.: ORS 182 & 683
  • Stats. Implemented: ORS 182.468, 182.466, 683.010 & 683.335
  • Proposed Amendments: 852-001-0002
  • Last Date for Comment: 6-10-11
  • Summary: 852-001-0002 – Expand and revise definitions related to licensing, practice and regulation of optometry.
  • Rules Coordinator: Kelly Paige
  • Address: Board of Optometry, PO Box 13967, Salem, OR 97309
  • Telephone: (503) 399-0662, ext. 23

  • Rule Caption: Proposes the 2011–2013 biennial budget for the operation of the Board.
  • Date:                         Time:                        Location:
  • 6-10-11                  9  a.m.                      1900 Hines St. SE
                                                                               2nd Floor Conference Rm.
                                                                               Salem, OR 97302
  • Hearing Officer: Robert Mans, OD, President
  • Stat. Auth.: ORS 182 & 683
  • Stats. Implemented: ORS 182.462(1)(2)
  • Proposed Amendments: 852-005-0005
  • Last Date for Comment: 6-10-11
  • Summary: 852-005-0005 – Proposes the 2011–2013 biennial budget for the operation of the Board.
  • Rules Coordinator: Kelly Paige
  • Address: Board of Optometry, PO Box 13967, Salem, OR 97309
  • Telephone: (503) 399-0662, ext. 23

  • Rule Caption:
    Reorganize and Revise Board Schedule of Fees.
  • Date:                         Time:                        Location:
  • 6-10-11                  9 a.m.                       1900 Hines St. SE
                                                                               2nd Floor Conference Rm.
                                                                               Salem, OR 97302
  • Hearing Officer: Robert Mans, OD, President
  • Stat. Auth.: ORS 182, 683 & 431
  • Stats. Implemented: ORS 182.466, 431.972 & 683.270
  • Proposed Amendments: 852-010-0080
  • Last Date for Comment: 6-10-11
  • Summary: 852-010-0080 – Reorganize and revise Board Schedule of Fees.
  • Rules Coordinator: Kelly Paige
  • Address: Board of Optometry, PO Box 13967, Salem, OR 97309
  • Telephone: (503) 399-0662, ext. 23

  • Rule Caption:
    Extension of compliance date for requirements for business entity organization.
  • Date:                         Time:                        Location:
  • 6-10-11                  9 a.m.                       1900 Hines St. SE
                                                                               2nd Floor Conference Rm.
                                                                               Salem, OR 97302
  • Hearing Officer: Robert Mans, OD, President
  • Stat. Auth.: ORS 58, 63 & 683
  • Stats. Implemented: ORS 58.367, 63.074 & 683.270(11)
  • Proposed Amendments: 852-020-0045
  • Last Date for Comment: 6-10-11
  • Summary: 852-020-0045 – Extension of compliance date for requirements for business entity organization.
  • Rules Coordinator: Kelly Paige
  • Address: Board of Optometry, PO Box 13967, Salem, OR 97309
  • Telephone: (503) 399-0662, ext. 23

  • Rule Caption:
    Eliminates requirement to purchase wall certificate; adds and amends language regarding display of license.
  • Date:                         Time:                        Location:
  • 6-10-11                  9 a.m.                       1900 Hines St. SE
                                                                               2nd Floor Conference Rm.
                                                                               Salem, OR 97302
  • Hearing Officer: Robert Mans, OD, President
  • Stat. Auth.: ORS 182, 683 & 431
  • Stats. Implemented: ORS 683.070, 683.100, 683.120, 683.270 & 182.466
  • Proposed Amendments: 852-050-0005
  • Last Date for Comment: 6-10-11
  • Summary: 852-050-0005 – Eliminates requirement to purchase wall certificate; adds and amends language regarding display of license.
  • Rules Coordinator: Kelly Paige
  • Address: Board of Optometry, PO Box 13967, Salem, OR 97309
  • Telephone: (503) 399-0662, ext. 23

  • Rule Caption:
    Amends language; clarifies manner of 30-day notice; delineates late Continuing Education fee.
  • Date:                         Time:                        Location:
  • 6-10-11                  9 a.m.                       1900 Hines St. SE
                                                                               2nd Floor Conference Rm.
                                                                               Salem, OR 97302
  • Hearing Officer: Robert Mans, OD, President
  • Stat. Auth.: ORS 182, 431 & 683
  • Stats. Implemented: ORS 683.070, 683.100, 683.120, 683.270, 182.466 & 431.972
  • Proposed Amendments: 852-050-0006
  • Last Date for Comment: 6-10-11
  • Summary: 852-050-0006 – Amends language; clarifies manner of 30-day notice; delineates late Continuing Education fee.
  • Rules Coordinator: Kelly Paige
  • Address: Board of Optometry, PO Box 13967, Salem, OR 97309
  • Telephone: (503) 399-0662, ext. 23

  • Rule Caption:
    Decrease late renewal fee for Inactive License renewal; amend other language
  • Date:                         Time:                        Location:
  • 6-10-11                  9 a.m.                       1900 Hines St. SE
                                                                               2nd Floor Conference Rm.
                                                                               Salem, OR 97302
  • Hearing Officer: Robert Mans, OD, President
  • Stat. Auth.: ORS 182 & 683
  • Stats. Implemented: ORS 683.070, 683.100, 683.120, 683.270 & 182.466
  • Proposed Amendments: 852-050-0012
  • Last Date for Comment: 6-10-11
  • Summary: 852-050-0012 – Decrease late renewal fee for Inactive License renewal; amend other language.
  • Rules Coordinator: Kelly Paige
  • Address: Board of Optometry, PO Box 13967, Salem, OR 97309
  • Telephone: (503) 399-0662, ext. 23

Board of Parole and Post-Prison Supervision
Chapter 255

  • Rule Caption: Amends division 36 to update procedures to comply with statutory changes relating to extended deferral.
  • Stat. Auth.: ORS 144.226 & 144.228
  • Stats. Implemented: ORS 144.096, 144.098, 144.101, 144.102, 144.106, 144.107, 144.108 & 144.346
  • Proposed Amendments: 255-036-0005, 255-036-0010, 255-036-0020, 255-036-0025, 255-036-0030
  • Last Date for Comment: 6-6-11
  • Summary: Division 36 establishes the procedures and rules that apply to Dangerous Offenders whose crimes occurred prior to November 1, 1989. Amendments are necessary to establish procedures that comply with changes to ORS 144.228(2009), relating to the authority of the Board to defer an inmate’s parole consideration date for longer than two years (up to ten years). OAR 255-036-005(7) is amended to conform the rule to the Board’s statutory authority.
  • Rules Coordinator: Michelle Mooney
  • Address: Board of Parole and Post-Prison Supervision, 2575 Center St. NE, Salem, OR 97301
  • Telephone: (503) 945-0914

Board of Psychologist Examiners
Chapter 858

  • Rule Caption: Rule corrections and updates; requires licensees provide Board with address, phone, and name changes.
  • Stat. Auth.: ORS 675.010–675.150
  • Stats. Implemented: ORS 675.110(17)
  • Proposed Adoptions: 858-010-0061
  • Proposed Amendments: 858-010-0010, 858-010-0016, 858-010-0017, 858-010-0036, 858-010-0065, 858-020-0085
  • Last Date for Comment: 5-22-11, Close of Business
  • Summary: Adds requirement that licensees notify the Board in writing within 30 days of address, phone, and name changes. Removes requirement that supervised work experience consist of at least 50% face-to-face client contact. Other minor housekeeping items.
  • Rules Coordinator: Debra Orman McHugh
  • Address: 3218 Pringle Road SE, Suite 130, Salem, OR 97302
  • Telephone: (503) 378-4154

Department of Agriculture
Chapter 603

  • Rule Caption: Updating federal food safety laws adopted by Oregon.
  • Date:                         Time:                        Location:
  • 5-16-11                  1:30 p.m.               635 Capitol St. NE
                                                                               Salem, OR 97301
  • Hearing Officer: Bybee
  • Stat. Auth.: ORS 651 & 621
  • Stats. Implemented:
  • Proposed Amendments: 603-024-0211
  • Last Date for Comment: 5-23-11
  • Summary: OAR 603-024-0211 adopts the Grade A Pasteurized Milk Ordinance (PMO), applicable to the Oregon Dairy Industry. Without adherence to the PMO, Oregon fluid milk and milk products could not enter interstate commerce.
  • Rules Coordinator: Sue Gooch
  • Address: Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301
  • Telephone: (503) 986-4583

  • Rule Caption:
    Establishing criteria for exemptions to food establishment provisions.
  • Date:                         Time:                        Location:
  • 5-16-11                  1:30 p.m.               635 Capitol St. NE
                                                                               Salem, OR 97301
  • Hearing Officer: Bybee
  • Stat. Auth.: ORS 651, 616 & 619
  • Stats. Implemented: ORS 616.700
  • Proposed Amendments: 603-025-0030
  • Last Date for Comment: 5-23-11
  • Summary: OAR 603-025-0030(2)(c) was meant to provide an exemption for establishments from food establishments requirements where the Department determines that public health principal would not be compromised. Currently, due to a scriveners’ error, the rule provides for an exemption where public health principals would be compromised. The amendment corrects this error.
  • Rules Coordinator: Sue Gooch
  • Address: Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301
  • Telephone: (503) 986-4583

  • Rule Caption:
    Updating federal food safety laws related to shellfish.
  • Date:                         Time:                        Location:
  • 5-16-11                  1:30 p.m.               635 Capitol St. NE
                                                                               Salem, OR 97301
  • Hearing Officer: Bybee
  • Stat. Auth.: ORS 651.190 & 622.180
  • Stats. Implemented: OS 622.180
  • Proposed Amendments: 603-100-0010
  • Last Date for Comment: 5-23-11
  • Summary: OAR 603-100-0010 adopts the 2007 revision of the National Shellfish Sanitation Program, Guide for the Control of Molluscan Shellfish (NSSP). The provisions of the NSSP govern growing area survey and classification, controlled relaying, patrol of harvest areas, control of harvesting, aquaculture, laboratory and administrative procedures. In addition, the rules cover the harvesting, handling and shipping of shellfish, wet storage, shucking and packing shellfish, shellfish shipping, heat shock, depuration and application of Hazardous Analysis Critical Control Point (HACCP). Without adherence to those provisions, shellfish raised and processed in Oregon would be prohibited from entering interstate commerce.
  • Rules Coordinator: Sue Gooch
  • Address: Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301
  • Telephone: (503) 986-4583

  • Rule Caption:
    Requirements and limitations relating to the Interstate Certified Shellfish Shippers List.
  • Date:                         Time:                        Location:
  • 5-16-11                  1:30 p.m.               635 Capitol St. NE
                                                                               Salem, OR 97301
  • Hearing Officer: Bybee
  • Stat. Auth.: ORS 651.109 & 622.180
  • Stats. Implemented: ORS 622.180
  • Proposed Adoptions: 603-100-0050
  • Last Date for Comment: 5-23-11
  • Summary: OAR 603-100-0050 limits the distribution of shellfish from dealers not on the Interstate Certified Shellfish Shippers List to Oregon only.
  • Rules Coordinator: Sue Gooch
  • Address: Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301
  • Telephone: (503) 986-4583

  • Rule Caption:
    Updating scientific names, corrects typos, add Sherman county to cherry fruit fly control area.
  • Stat. Auth.: ORS 561 & 570.405
  • Stats. Implemented: ORS 561.190, 570.305 & 570.405
  • Proposed Amendments: 603-052-0030, 603-052-0150, 603-052-0153, 603-052-0160, 603-052-0187, 603-052-0265
  • Last Date for Comment: 5-26-11
  • Summary: Housekeeping changes are proposed to update scientific names in the following areas: Wasco County Control Area Apple Maggot, San Jose Scale, and Codling Moth; Jackson County Control Area Pear, and Apple Insects; Josephine Control Area Apple Maggot; and Hood River County Control Area and Eradication of Insects and Diseases in Pear, Quince, Apple, Peach, and Apricot trees and Orchards. Corrects typos in plum curculio quarantine. Add Sherman County to Cherry Fruit Fly control area due to expansion of cherry industry into Sherman County. This change would facilitate marketing Sherman County cherries to California.
  • Rules Coordinator: Sue Gooch
  • Address: Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301
  • Telephone: (503) 986-4583

Department of Consumer and Business Services,
Insurance Division
Chapter 836

  • Rule Caption: Adoption of Oregon Companion Guide for Health Care Eligibility Benefit Inquiry and Response.
  • Date:                         Time:                        Location:
  • 5-25-11                  1:30 p.m.*            Labor & Industries Bldg.,
                                                                               Conference Room F
                                                                               350 Winter St. NE
                                                                               Salem, OR
  • Hearing Officer: Jeannette Holman
  • Stat. Auth.: 2009 OL Ch. 595, Sec. 1192
  • Other Auth.: ORS 731.244
  • Stats. Implemented: 2009 OL Ch. 595, Sec. 1192 & 1193
  • Proposed Adoptions: 836-100-0100, 836-100-0105, 836-100-0110, 836-100-0115, 836-100-0120
  • Last Date for Comment: 6-15-11
  • Summary: *Note: The hearing will begin at 1:30 p.m. and end when all present who wish to testify have done so.
  •       This rule will adopt the uniform standards for administrative simplification of health insurance developed by the Office of Oregon Health Policy and Research pursuant to the provisions of Section 1193, Chapter 595, Oregon Laws 2009. Section 1192, Chapter 595, Oregon Laws 2009 requires the Department of Consumer and Business Services to adopt these standards by rule.
  •       NOTE: If Senate Bill 94 becomes law before the public hearing, the rules will be amended to encompass any changes necessary to reflect the provisions of SB 94. The alternate version of the proposed rules is available on the Insurance Division website.
  • Rules Coordinator: Sue Munson
  • Address: Department of Consumer and Business Services, Insurance Division, 350 Winter St. NE, Rm. 440, Salem, OR 97301
  • Telephone: (503) 947-7272

Department of Corrections
Chapter 291

  • Rule Caption: Research Proposals.
  • Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
  • Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
  • Proposed Adoptions: 291-035-0011
  • Proposed Amendments: 291-035-0005, 291-035-0010, 291-035-0015
  • Last Date for Comment: 6-22-11
  • Summary: Modification and adoption of these rules is necessary to establish procedures for submitting research proposals to the department and update the process that such proposals are reviewed and approved. These rules have not been modified since 1994; and the department is updating the rules to align with current practices.
  • Rules Coordinator: Janet R. Worley
  • Address: Department of Corrections, 2575 Center St. NE, Salem, OR 97301-4667
  • Telephone: (503) 945-0933

Department of Fish and Wildlife
Chapter 635

  • Rule Caption: Oregon Ocean Commercial, Terminal Area, and Coastal Zone Sport Salmon Fisheries.
  • Date:                         Time:                        Location:
  • 6-3-11                     8 a.m.                       Dept. of Fish & Wildlife
                                                                               3406 Cherry Ave. NE
                                                                               Commission Rm.
                                                                               Salem, OR 97303
  • Hearing Officer: Fish & Wildlife Commission
  • Stat. Auth.: ORS 496.138, 496.146, 506.036, 506.119, 506.129 & 506.750, et. Seq.
  • Other Auth.: Magnusson-Stevens Sustainable Fisheries Act
  • Stats. Implemented: ORS 496.162, 506.036, 506.109, 506.129 & 506.750, et. Seq.
  • Proposed Adoptions: Rules in 635-003, 635-013, 635-014, 635-016
  • Proposed Amendments: Rules in 635-003, 635-013, 635-014, 635-016
  • Proposed Repeals: Rules in 635-003, 635-013, 635-014, 635-016
  • Last Date for Comment: 6-3-11
  • Summary: Amend rules relating to commercial and sport salmon fishing in the Oregon ocean terminal areas; and in the Marine, Northwest and Southwest zones consistent with guidelines established by the Oregon Fish and Wildlife Commission and Pacific Fishery Management Council; and enacted Federal Regulations.
  •       Housekeeping and technical corrections to the regulations may occur to ensure rule consistency.
  • Rules Coordinator: Therese Kucera
  • Address: Department of Fish and Wildlife, 3406 Cherry Ave. NE, Salem, OR 97303
  • Telephone: (503) 947-6033

  • Rule Caption:
    Marine Reserves: Change in Rules Effective Date for Otter Rock and Redfish Rocks.
  • Date:                         Time:                        Location:
  • 6-3-11                     8 a.m.                       Dept. of Fish & Wildlife
                                                                               3406 Cherry Ave. NE
                                                                               Commission Rm.
                                                                               Salem, OR 97303
  • Hearing Officer: Fish & Wildlife Commission
  • Stat. Auth.: ORS 496.138, 496.146, 506.036, 506.109, 506.119 & 506.129
  • Stats. Implemented: ORS 196.540–196.555, 496.162 & 506.129
  • Proposed Adoptions: Rules in 635-012
  • Proposed Amendments: Rules in 635-012
  • Proposed Repeals: Rules in 635-012
  • Last Date for Comment: 6-3-11
  • Summary: Change the rules effective date, from June 30, 2011 to January 1, 2012, for the marine reserve at Otter Rock and marine reserve and marine protected area at Redfish Rocks to provide for an additional full field season of baseline data collection.
  • Rules Coordinator: Therese Kucera
  • Address: Department of Fish and Wildlife, 3406 Cherry Ave. NE, Salem, OR 97303
  • Telephone: (503) 947-6033

  • Rule Caption:
    Rules for Oregon’s Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead.
  • Date:                         Time:                        Location:
  • 6-3-11                     8 a.m.                       Dept. of Fish & Wildlife
                                                                               3406 Cherry Ave. NE
                                                                               Commission Rm.
                                                                               Salem, OR 97303
  • Hearing Officer: Fish & Wildlife Commission
  • Stat. Auth.: ORS 496.138, 496.146 & 506.119
  • Other Auth.: Native Fish Conservation Policy (OAR 635-007-0502 – 0509) & Federal Endangered Species Act
  • Stats. Implemented: ORS 496.138, 496.146 & 506.119
  • Proposed Adoptions: Rules in 635-500
  • Proposed Amendments: Rules in 635-500
  • Proposed Repeals: Rules in 635-500
  • Last Date for Comment: 6-3-11
  • Summary: Adopt or amend rules, as necessary, relating to the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead.
  •       Housekeeping and technical corrections to the regulations may occur to ensure rule consistency.
  • Rules Coordinator: Therese Kucera
  • Address: Department of Fish and Wildlife, 3406 Cherry Ave. NE, Salem, OR 97303
  • Telephone: (503) 947-6033

  • Rule Caption:
    2012 annual changes to game mammal hunting regulations, plus 2011 controlled hunt tag numbers.
  • Date:                         Time:                        Location:
  • 6-2-11                     1 p.m.                       3406 Cherry Ave. NE
                                                                               Salem, OR 97303
  • Hearing Officer: Fish & Wildlife Commission
  • Stat. Auth.: ORS 496.012, 496.138, 496.146 & 496.162
  • Stats. Implemented: ORS 496.012, 496.138, 496.146 & 496.162
  • Proposed Amendments: Rules in 635-002, 635-045, 635-049, 635-060, 635-065, 635-066, 635-067, 635-068, 635-069, 635-070, 635-071, 635-072, 635-073, 635-075, 635-078, 635-080
  • Last Date for Comment: 6-2-11
  • Summary: Establish 2011 controlled hunt tag numbers and/or season regulations for the hunting of pronghorn antelope, bighorn sheep, Rocky Mountain goat, deer and elk.
  •       Propose 2012 hunting regulations for game mammals, including season dates, bag limits, open areas, location of cooperative travel management areas, and controlled hunting regulations. Propose quotas for 2012 cougar seasons and spring bear limited, first-come first-serve and controlled hunt tag numbers for 2012. These proposals will be presented in principle to the Oregon Fish and Wildlife Commission in June 2011 and again for adoption in October 2011.
  •       Amend rules to allow fallow deer that leave Oregon temporarily for educational or display purposes to return to Oregon.
  •       Amend Rules to clarify the decision standards for suspension and revocation from the LOP program.
  •       Amend the rules that ban the importation of certain cervid parts from states that have confirmed the presence of Chronic Wasting Disease. This amendment includes but is not limited to Maryland.
  • Rules Coordinator: Therese Kucera
  • Address: Department of Fish and Wildlife, 3406 Cherry Ave. NE, Salem, OR 97303
  • Telephone: (503) 947-6033

  • Rule Caption:
    Adoption of rules relating to the naming of the Tami Wagner Wildlife Area.
  • Date:                         Time:                        Location:
  • 6-2-11                     1 p.m.                       3406 Cherry Ave. NE
                                                                               Salem, OR 97303
  • Hearing Officer: Fish & Wildlife Commission
  • Stat. Auth.: ORS 496.012, 496.138, 496.146 & 496.162
  • Stats. Implemented: ORS 496.012, 496.138, 496.146 & 496.162
  • Proposed Adoptions: 635-008-0163
  • Last Date for Comment: 6-2-11
  • Summary: Amend Rules to name property already owned by the Department the “Tami Wagner Wildlife Area.”
  • Rules Coordinator: Therese Kucera
  • Address: Department of Fish and Wildlife, 3406 Cherry Ave. NE, Salem, OR 97303
  • Telephone: (503) 947-6033

  • Rule Caption:
    Amend rules relating to use of aircraft to hunt or locate game mammals or birds.
  • Date:                         Time:                        Location:
  • 6-2-11                     1 p.m.                       3406 Cherry Ave. NE
                                                                               Salem, OR 97303
  • Hearing Officer: Fish & Wildlife Commission
  • Stat. Auth.: ORS 496.012, 496.138 & 498.126
  • Stats. Implemented: ORS 496.012, 496.138 & 498.126
  • Proposed Amendments: Rules in 635-043
  • Last Date for Comment: 6-2-11
  • Summary: This rule implements ORS 498.126(4)(b), which requires definition of “emergency situation” and “necessary” in relation to use of aircraft by the Department or its agents in hunting or locating game mammals and game birds.
  • Rules Coordinator: Therese Kucera
  • Address: Department of Fish and Wildlife, 3406 Cherry Ave. NE, Salem, OR 97303
  • Telephone: (503) 947-6033

  • Rule Caption:
    Amend Rules Relating to Competitive Trials, Commercial and Individual Training for Hunting Dogs and Raptors.
  • Date:                         Time:                        Location:
  • 6-2-11                     1 p.m.                       3406 Cherry Ave. NE
                                                                               Salem, OR 97303
  • Hearing Officer: Fish & Wildlife Commission
  • Stat. Auth.: ORS 496.012, 496.138, 496.146, 498.006 & 498.106
  • Stats. Implemented: ORS 496.012, 496.138, 496.146, 498.006 & 498.106
  • Proposed Amendments: Rules in 635-043, 635-046, 635-050
  • Last Date for Comment: 6-2-11
  • Summary: The purpose of this rule is to carry out the provisions of ORS 498.106 which relates to competitive field trials for hunting dogs and to provide the conditions under which wildlife may be used to train hunting dogs and raptors.
  • Rules Coordinator: Therese Kucera
  • Address: Department of Fish and Wildlife, 3406 Cherry Ave. NE, Salem, OR 97303
  • Telephone: (503) 947-6033

  • Rule Caption:
    Amend Rules Relating to Wildlife Rehabilitation permits.
  • Date:                         Time:                        Location:
  • 6-2-11                     1 p.m.                       3406 Cherry Ave. NE
                                                                               Salem, OR 97303
  • Hearing Officer: Fish & Wildlife Commission
  • Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498. 222 & 498.242
  • Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498. 222 & 498.242
  • Proposed Amendments: Rules in 635-044, 635-056, 635-435
  • Last Date for Comment: 6-2-11
  • Summary: Review, update and amend rules relating to wildlife
    rehabilitation. Specific rule changes include but are not limited to: definition of terms; requirements and conditions; restricted species; department notification; disposition of wildlife; Federal Rehabilitation Permit; facility requirements; record keeping and reporting requirements; and cancellation or non renewal of permit.
  • Rules Coordinator: Therese Kucera
  • Address: Department of Fish and Wildlife, 3406 Cherry Ave. NE, Salem, OR 97303
  • Telephone: (503) 947-6033

Department of Human Services,
Children, Adults and Families Division: Child Welfare Programs
Chapter 413

  • Rule Caption: Changing OARs affecting Child Welfare programs.
  • Date:                         Time:                        Location:
  • 5-25-11                  8:30 a.m.                500 Summer St. NE, Rm. 254
                                                                               Salem, OR
  • Hearing Officer: Annette Tesch
  • Stat. Auth.: ORS 418.005 & 419B.369
  • Stats. Implemented: ORS 418.005, 419B.192 & 419B.369
  • Proposed Adoptions: 413-070-0651, 413-070-0655, 413-070-0660, 413-070-0665, 413-070-0670
  • Last Date for Comment: 5-27-11, 5 p.m.
  • Summary: OAR 413-070-0651 regarding the purpose of the rules about guardianship as a permanency plan, OAR 413-070-0655 regarding definitions of certain terms used in these rules, OAR 413-070-0660 regarding consideration of guardianship as a permanency plan, OAR 413-070-0665 regarding consideration of a substitute caregiver as a prospective guardian, and OAR 413-070-0670 regarding approval and implementation of a guardianship permanency plan are being adopted because the Department does not have a policy that adequately and fully describes the responsibilities of the Department to determine the appropriate use of guardianship as a permanency plan unless the child is eligible for guardianship assistance. The new rules describe the responsibilities of the Department in determining the appropriateness of guardianship as a permanency plan for a child regardless of the child’s eligibility for guardianship assistance. The goal of a permanency plan is to develop safe and permanent family resources with the parents, relatives, or other people who will assume legal responsibility for the child during the remaining years of dependency and be accessible and supportive to the child in adulthood. Most of these rule changes make permanent rules adopted as temporary rules on December 29, 2010.
  •       In addition, the above rules may also be changed to reflect new Department terminology and to correct formatting and punctuation.
  •       Written comments may be submitted until May 27, 2011 at 5:00 p.m. Written comments may be submitted via e-mail to Annette.Tesch@state.or.us, faxed to 503-373-7032, or mailed to Annette Tesch, Rules Coordinator, DHS - Children, Adults, and Families Division, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The Department provides the same consideration to written comment as it does to any oral or written testimony provided at the public hearing.
  • Rules Coordinator: Annette Tesch
  • Address: Department of Human Services, Children, Adults and Families Division: Child Welfare Programs, 500 Summer St. NE, E-48, Salem, OR 97301-1066
  • Telephone: (503) 945-6067

Department of Human Services,
Children, Adults and Families Division: Self-Sufficiency Programs
Chapter 461

  • Rule Caption: Changing OARs affecting public assistance, medical assistance, or Supplemental Nutrition Assistance Program clients.
  • Date:                         Time:                        Location:
  • 5-24-11                  10 a.m.                    500 Summer St. NE, Rm. 255
                                                                               Salem, OR
  • Hearing Officer: Annette Tesch
  • Stat. Auth.: ORS 409.050, 411.060, 411.070, 411.081, 411.083, 411.122, 411.404, 411.408, 411.431, 411.432, 411.660, 411.706, 411.816, 411.877, 411.892, 412.001, 412.006, 412.009, 412.014, 412.049, 412.124 & 414.231
  • Other Auth.: The Education Jobs and Medicaid Assistance Act of 2010 (Pub. Law 111-226); Oregon Medicaid/State Children’s Health Insurance Program (SCHIP) Health Insurance Flexibility and Accountability (HIFA) Section 1115 Demonstration; American Recovery and Reinvestment Act of 2009 (Pub. Law 111-5); 42 USC. 1396d(p); 42 USC 1396p(f); Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, Sec. 728 (Pub. Law 111-312); 20 CFR 416.2099; 42 CFR 435.610; 45 CFR 260.30, 260.31; ORS 291.261; 2010 Or. Laws ch. 95, 2009 Or. Laws ch. 732; Oregon Legislature Emergency Board Minutes, September 23, 2010 (available at: http://www.leg.state.or.us/comm/lfo/092310_minutes.pdf)
  • Stats. Implemented: ORS 183.415, 183.417, 409.010, 409.050, 409.610, 411.010, 411.060, 411.070, 411.081, 411.083, 411.117, 411.122, 411.141, 411.400, 411.404, 411.408, 411.431, 411.432, 411.620, 411.630, 411.635, 411.640, 411.660, 411.690, 411.704, 411.706, 411.816, 411.877, 411.892, 412.001, 412.006, 412.009, 412.014, 412.049, 412.124, 414.025, 414.065, 414.231, 414.826, 414.831, 418.485 & 2009 OL Ch. 827
  • Proposed Adoptions: 461-155-0575
  • Proposed Amendments: 461-115-0530, 461-120-0315, 461-135-0400, 461-135-1120, 461-145-0140, 461-145-0220, 461-145-0530, 461-155-0150, 461-155-0180, 461-155-0290, 461-155-0291, 461-155-0295, 461-155-0528, 461-155-0693, 461-160-0800, 461-165-0160, 461-165-0171, 461-175-0200, 461-190-0416, 461-195-0501, 461-195-0521
  • Proposed Repeals: 461-115-0530(T), 461-135-0400(T), 461-135-1120(T), 461-145-0143, 461-145-0530(T), 461-155-0180(T), 461-155-0290(T), 461-155-0291(T), 461-155-0295(T), 461-155-0528(T), 461-155-0575(T), 461-155-0693(T), 461-190-0416(T)
  • Last Date for Comment: 5-26-11, 5 p.m.
  • Summary: OAR 461-115-0530 about Oregon Health Plan (OHP) program certification periods is being amended to lengthen Oregon Health Plan - Adults (OHP-OPU) program certification period (the period for which a client is certified eligible for a program). This rule also is being amended to make permanent the temporary changes adopted March 1, 2011.
  •       OAR 461-120-0315 about the assignment of the right to reimbursement for health care costs for clients in the Department medical programs is being amended to state that a Program for All-Inclusive Care for the Elderly (PACE) client in a nursing facility who is receiving long-term care insurance payments may meet the requirement to assign rights for medical care reimbursements to the Department by assigning them to the long-term care facility or immediately turning them over to the long-term care facility if received directly.
  •       OAR 461-135-0400 about the specific eligibility requirements for child care payments and the Employment Related Day Care (ERDC) program is being amended to remove the requirement that new applicants (and any ERDC program client with a break in ERDC benefits of more than 30 days) must have received benefits in the Refugee Assistance (REF), State Family Pre-SSI/SSDI (SFPSS), or Temporary Assistance to Needy Families (TANF) programs within at least one of the prior three months. In addition, this rule is being amended to remove provisions related to the Child Care Reservation List. This rule also is being amended to make permanent the temporary changes adopted March 22, 2011.
  •       OAR 461-135-1120 about when an Oregon Health Plan - Adult (OHP-OPU) program benefit group (the individuals who receive benefits) must pay a monthly premium to receive program benefits is being amended to restate how the Department determines when a premium payment is paid on time or past due, and to state when a premium payment is in arrears. This rule also is being amended to cross-reference other administrative rules for the definitions of terms used in this rule and to italicize the defined terms throughout the rule. This rule also is being amended to make permanent the temporary changes adopted March 1, 2011.
  •       OAR 461-145-0140 about how the Department treats tax credits received by a client when making eligibility and benefit level determinations is being amended to restate how the Making Work Pay (MWP) tax credit under the American Recovery and Reinvestment Act of 2009 (Pub. Law 11-5) is received by a client. This rule also is being amended to remove the earned income exclusion for General Assistance (GA), General Assistance Medical (GAM), Healthy KidsConnect (HKC), Medical Assistance Assumed (MAA), Medical Assistance to Families (MAF), Oregon Health Plan (OHP), Oregon Supplemental Income Program Medical (OSIPM), or Qualified Medicare Beneficiaries (QMB) program clients who received an MWP tax credit as the option to receive an MWP tax credit on a monthly basis expired December 31, 2010. This rule also is being amended to make permanent the temporary changes adopted January 1, 2011.
  •       OAR 461-145-0143 about how the Department treats Making Work Pay and American Recovery and Reinvestment Act of 2009 (Pub. Law 111-5) economic recovery payments when determining a client’s eligibility for Department program benefits is being repealed as the federal provisions authorizing these payments expired December 31, 2010. This rule also is being repealed to make permanent the temporary suspension adopted January 1, 2011.
  •       OAR 461-145-0220 about the treatment of a client’s home when the Department is determining a client’s assets for individuals receiving long-term care services is being amended to revise the policy about when the equity value of the home is excluded from the client’s assets. This rule also is being amended to make permanent the temporary changes adopted January 1, 2011.
  •       OAR 461-145-0530 about how the Department treats tax refunds when determining a client’s assets (income and resources) is being amended to restate how the Department treats federal income tax refunds in compliance with recent federal legislation Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (Pub. Law 111-312). This rule also is being amended to make permanent the temporary changes adopted February 4, 2011.
  •       OAR 461-155-0150 about the eligibility standards, payment rates, and copayments that apply to child care benefits under the Employment Related Day Care (ERDC), Job Opportunity and Basic Skills (JOBS), JOBS Plus, and Temporary Assistance for Needy Families (TANF) programs is being amended in response to an Oregon Legislature Emergency Board directive (September 23, 2010) to restate which child care providers the Department may pay at a part-time monthly rate. This rule also is being amended to state when the Department may pay more than one child care provider at a part-time monthly rate for the same child for the same month.
  •       OAR 461-155-0180 about poverty-related income standards is being amended to reflect the annual increase in the federal poverty guidelines. This rule also is being amended to make permanent the temporary changes adopted January 20, 2011.
  •       OAR 461-155-0290 about the income standards in the Qualified Medicare Beneficiaries - Basic (QMB-BAS) program, OAR 461-155-0291 about the income standards in the Qualified Medicare Beneficiaries - Disabled Worker (QMB-DW) program, and OAR 461-155-0295 about the income standards in the Qualified Medicare Beneficiaries - Specified Limited Medicare Beneficiary (QMB-SMB), and Qualified Medicare Beneficiaries - Qualified Individuals (QMB-SMF) programs are being amended to reflect the annual changes in the income standards based on changes to the federal poverty level. OAR 461-155-0295 also is being amended to clarify the income standards being applied. These rules also are being amended to make permanent the temporary changes adopted March 1, 2011.
  •       OAR 461-155-0528 about emergency assistance in the Oregon Supplemental Income Program Medical (OSIPM) program is being amended to restate which OSIPM program clients receiving Supplemental Security Income (SSI) payments are eligible for emergency assistance payments. This rule also is being amended to increase the amount of the authorized maximum emergency assistance payment. This rule also is being amended to make permanent the temporary changes adopted February 1, 2011.
  •       OAR 461-155-0575 is being adopted to set out the policy for providing special need in-home supplementary payments to certain Oregon Supplemental Income Program Medical (OSIPM) clients who receive specified in-home services. This rule also is being adopted to make permanent the temporary rule adopted April 1, 2011.
  •       OAR 461-155-0693 about transportation services payments in the Oregon Supplemental Income Program Medical (OSIPM) program is being amended to increase the amount of the authorized maximum monthly payment. This rule also is being amended to make permanent the temporary changes adopted February 1, 2011.
  •       OAR 461-160-0800 about how the Department calculates the participant fee for Oregon Supplemental Income Program - Employed Persons with Disabilities (OSIP-EPD) and Oregon Supplemental Income Program Medical - Employed Persons with Disabilities (OSIPM-EPD) program clients is being amended to restate the cross-referenced Oregon Administrative Rule used to determine the Federal Poverty Level (FPL) used in calculating the participant fees.
  •       OAR 461-165-0160 about how the Department makes payments to child care providers is being amended in response to an Oregon Legislature Emergency Board directive (September 23, 2010) to indicate that in the Job Opportunity and Basic Skills (JOBS), JOBS Plus, and Temporary Assistance for Needy Families (TANF) programs (in addition to ERDC which the rule already covers) the Department will not authorize a child care provider payment unless the client has designated a primary provider.
  •       OAR 461-165-0171 about the methods Employment Related Day Care (ERDC), Job Opportunity and Basic Skills (JOBS), and Temporary Assistance for Needy Families (TANF) program child care providers are required to follow to receive payments from the Department is being amended in response to an Oregon Legislature Emergency Board directive (September 23, 2010) to state the requirements the providers using the Department’s Child Care Billing and Attendance Tracking system must meet to receive payments from the Department.
  •       OAR 461-175-0200 which provides general information about the decision notices (written notices of decisions by the Department regarding an individual’s eligibility for benefits in a program) the Department sends to clients is being amended to restate which type of decision notice is sent to a Supplemental Nutrition Assistance Program (SNAP) client.
  •       OAR 461-190-0416 about how the Department determines eligibility for and calculates the amount of a Temporary Assistance for Needy Families (TANF) or Supplemental Nutrition Assistance Program (SNAP) program supplemental payment made to a client when the client’s Job Opportunity and Basic Skills (JOBS) Plus income reduces the client’s TANF or SNAP program benefits is being amended to restate how the Department determines a client’s full benefit equivalency income and minimum benefit equivalency income (the income amounts used to determine eligibility for and the amount of the supplemental payment under this rule). This rule also is being amended in response to recently enacted federal legislation (The Education Jobs and Medicaid Assistance Act of 2010 (Pub. Law 111-226)) to state how, effective January 1, 2011, the Department determines eligibility for and calculates the amount of a supplemental payment under this rule. This rule also is being amended to make permanent the temporary changes adopted February 14, 2011.
  •       OAR 461-195-0501 about how the Department defines and categorizes overpayments (benefits paid to a client in error, that the Department generally attempts to recover from the client) for programs administered under chapters 410, 411, and 461 of the Oregon Administrative Rules is being amended in response to an Oregon Legislature Emergency Board directive (September 23, 2010) to expand what constitutes a child care overpayment and a client error overpayment.
  •       OAR 461-195-0521 about how the Department calculates the amount of a client or provider’s overpayment liability is being amended to restate how the Department calculates the amount of Oregon Supplemental Income Program (OSIP), Oregon Supplemental Income Program Medical (OSIPM), Oregon Supplemental Income Program - Employed Persons with Disabilities (OSIP-EPD), and Oregon Supplemental Income Program Medical - Employed Persons with Disabilities (OSIPM-EPD) program overpayments.
  •       In addition, the above rules may also be changed to reflect new Department terminology and to correct formatting and punctuation.
  •       Written comments may be submitted until May 26, 2011 at 5:00 p.m. Written comments may be e-mailed to Annette.Tesch@state.or.us, faxed to 503-373-7032, or mailed to Annette Tesch, Rules Coordinator, DHS - Children, Adults, and Families Division, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The Department provides the same consideration to written comment as it does to any oral or written testimony provided at the public hearing.
  • Rules Coordinator: Annette Tesch
  • Address: Department of Human Services, Children, Adults and Families Division: Self-Sufficiency Programs, 500 Summer St. NE, E-48, Salem, OR 97301
  • Telephone: (503) 945-6067

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

  • Rule Caption: Community Development Disability Programs.
  • Date:                         Time:                        Location:
  • 5-16-11                  1:30 p.m.               Human Services Bldg.
                                                                               500 Summer St. NE, Rms. 137CD
                                                                               Salem, OR 97301
  • Hearing Officer: Staff
  • Stat. Auth.: ORS 409.050, 410.070 & 430.640
  • Other Auth.: ORS 291.261
  • Stats. Implemented: ORS 427.005, 427.007 & 430.610–430.695
  • Proposed Amendments: 411-320-0030, 411-320-0045, 411-320-0130
  • Proposed Repeals: 411-320-0030(T), 411-320-0045(T), 411-320-0130(T), 411-320-170(T)
  • Last Date for Comment: 5-23-11, 5 p.m.
  • Summary: In response to legislatively required budget reductions to the Department of Human Services (DHS), Seniors and People with Disabilities Division (SPD) and community development disability programs (CDDPs), SPD is proposing to permanently amend various CDDP rules in OAR chapter 411, division 320 to:
  •       • Eliminate the position requirements for Quality Assurance (QA) to reflect the reduction of the financial resources for this position; and
  •       • Revise the site visit and monitoring of services requirements at DHS licensed and certified programs.
  • 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 Justice
Chapter 137

  • Rule Caption: Intergovernmental child support services, alternative support payments, child support guidelines self-support reserve amount.
  • Stat. Auth.: ORS 18.005, 18.225, 25.020, 25.080, 25.260, 25.275, 25.280, 25.396, 25.427, 25.625, 25.729, 180.345, 180.380 & 416.455
  • Stats. Implemented: ORS 18.180–18.194, 18.225–18.238, 18.400, 25.015–25.085, 25.167, 25.260, 25.275, 25.280, 25.287, 25.321–25.343, 25.372–25.427, 25.625, 25.729, 25.790, 82.010, 107.135, 110.303–110.452, 416.422–416.429, 656.234, 657.780 & 657.855
  • Proposed Amendments: 137-050-0745, 137-055-1020, 137-055-1090, 137-055-1120, 137-055-1145, 137-055-3220, 137-055-3240, 137-055-3400, 137-055-3420, 137-055-4040, 137-055-4060, 137-055-4080, 137-055-4455, 137-055-4540, 137-055-5060, 137-055-5080, 137-055-5220, 137-055-5240, 137-055-6023, 137-055-6120, 137-055-7020, 137-055-7040, 137-055-7060, 137-055-7100, 137-055-7120, 137-055-7140, 137-055-7160, 137-055-7180, 137-055-7190
  • Proposed Repeals: 137-055-4100, 137-055-4110, 137-055-4120, 137-055-4180, 137-055-5020, 137-055-7080
  • Last Date for Comment: 6-17-11, Close of Business
  • Summary: OAR 137-050-0745 is being amended to update the self-support reserve amount.
  •       OAR 137-055-1020, 137-055-1090, 137-055-1120, 137-055-1145, 137-055-3220, 137-055-3240, 137-055-3400, 137-055-3420, 137-055-4040, 137-055-4455, 137-055-4540, 137-055-5080, 137-055-5220, 137-055-5240, 137-055-6120, and 137-055-7020 through 137-055-7190 are being amended (OAR 137-055-7080 is being repealed) to reflect changes in federal regulations concerning intergovernmental case processing. Additionally, language in existing rules is simplified for clarity.
  •       OAR 137-055-4060 through 137-055-4120, 137-055-4180, 137-055-5020, 137-055-5060 and 137-055-6023 are being amended or repealed to allow flexibility in the manner in which the Child Support Program accepts payments and to remove provisions that are in statute.
  • Rules Coordinator: Vicki Tungate
  • Address: 494 State Street, Suite 300, Salem, OR 97301
  • Telephone: (503) 986-6086

Department of Revenue
Chapter 150

  • Rule Caption: Defining “obtained the credit” for taxpayers that purchase business energy credits.
  • Date:                   Time:                                       Location:
  • 5-23-11            10:30 a.m.–12 p.m.*    955 Center St., Rm. 467
                                                                                         Salem, OR
  • Hearing Officer: Jason Barbee
  • Stat. Auth.: ORS 305.100
  • Stats. Implemented: ORS 315.354
  • Proposed Adoptions: 150-315.354
  • Last Date for Comment: 5-23-11, 5 p.m.
  • Summary: *Sign-in beginning at 10:15 a.m. If no person appears to testify, the hearing will adjourn at 10:45 a.m.
  •       This rule makes permanent a temporary rule adopted on December 17, 2010. The rule gives guidance to taxpayers that purchase a business energy tax credit. The guidance helps taxpayers correctly identify the tax year which the purchased tax credit may first be claimed.
  • Rules Coordinator: Debra L. Buchanan
  • Address: 955 Center St. NE, Salem, OR 97301
  • Telephone: (503) 945-8653

Department of Transportation,
Driver and Motor Vehicle Services Division
Chapter 735

  • Rule Caption: Collection of Biometric Data for Driver License, Driver Permit or Identification Card.
  • Stat. Auth.: ORS 184.616, 184.619, 802.010 & 807.024
  • Stats. Implemented: ORS 807.024, 807.110, 807.400, 809.310 & 809.411
  • Proposed Amendments: 735-062-0016
  • Last Date for Comment: 5-23-11
  • Summary: ORS 807.024 requires each person who applies for a driver license, driver permit or identification card to submit to the collection of biometric data. ORS 801.163 defines biometric data as the physical characteristics of a person’s face that can be used to authenticate a person’s identity. A person submits to the collection of biometric data by having his or her photograph taken. DMV uses facial recognition technology to determine if the person photographed is the same person who was issued previously under that identity and if the person has ever been issued under another identity. The facial recognition technology requires a clear view of the person’s iris and pupil of each eye as well as the structure of the face. DMV recently updated this rule to require the removal of eye glasses or face covering, but more recent occurrences in field offices have shown that the rule needs to more clearly state what is not allowed in order to collect the biometric date with the photograph. Therefore DMV proposes to amend the rule to include language that disallows face paint, novelty contact lenses and other products designed to distort a person’s appearance.
  •       Text of proposed and recently adopted ODOT rules can be found at website: http://www.oregon.gov/ODOT/CS/RULES/
  • Rules Coordinator: Lauri Kunze
  • Address: Department of Transportation, Driver and Motor Vehicle Services Division, 3930 Fairview Industrial Dr. SE, Salem, OR 97302
  • Telephone: (503) 986-3171

  • Rule Caption:
    Medical Standards, Certificates and Waivers for Drivers of Commercial Motor Vehicles.
  • Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.040 & 809.419
  • Other Auth.: Title 49, CFR Parts 391.41–391.49
  • Stats. Implemented: ORS 807.040, 807.100, 807.340 & 809.419
  • Proposed Amendments: 735-063-0000, 735-063-0050, 735-063-0060, 735-063-0065, 735-063-0070
  • Last Date for Comment: 5-23-11
  • Summary: There are federal medical standards that a person must meet to qualify for a commercial driver license (CDL) and to operate a commercial motor vehicle (CMV). The Oregon Department of Transportation, Driver and Motor Vehicle Services Division (DMV) currently may issue a waiver of physical disqualification to a driver who operates a CMV in Oregon intrastate commerce but does not meet all federal physical qualification standards required for a CDL. Certain drivers employed by for-hire carriers are not required to have a CDL but they are required to have a medical certificate or a waiver of physical disqualification in order to operate a CMV in Oregon. DMV proposes to amend OAR 735-063-0070 to specify that DMV may issue such drivers a waiver of physical disqualification if they qualify.
  •       Other drivers, exempted under certain Federal Motor Carrier Safety Regulations from physical qualification requirements while operating in interstate commerce, but not exempt from the requirement to have a CDL, are required to have a medical certificate or a waiver of physical disqualification in order to operate a CMV in Oregon. This operation is not limited only to Oregon intrastate commerce and DMV proposes to amend OAR 735-063-0070 to clarify this requirement.
  •       Other amendments to these rules are proposed to correct references to federal regulations or for clarity.
  •       Text of proposed and recently adopted ODOT rules can be found at website: http://www.oregon.gov/ODOT/CS/RULES/
  • Rules Coordinator: Lauri Kunze
  • Address: Department of Transportation, Driver and Motor Vehicle Services Division, 3930 Fairview Industrial Dr. SE, Salem, OR 97302
  • Telephone: (503) 986-3171

  • Rule Caption:
    Issuing Restricted Driving Privileges for Taking Lessons when Privileges are Suspended under At-Risk Program.
  • Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.120, 807.310, 807.340 & 809.419
  • Stats. Implemented: ORS 807.120, 807.310 & 807.340
  • Proposed Amendments: 735-074-0210, 735-071-0212, 735-076-0050, 735-076-0052
  • Last Date for Comment: 5-23-11
  • Summary: The At-Risk Driver Program includes the mandatory reporting program outlined in OAR Chapter 735 Division 74 and the voluntary reporting program outlined in OAR Chapter 735 Division 76. A person whose driving privileges are suspended under OAR Chapter 735 Division 74 has been suspended due to a physician or health care provider reporting a severe cognitive or functional impairment affecting a person’s ability to safely operate a motor vehicle. The person’s driving privileges or right to apply for driving privileges will remain suspended until the person has passed the DMV vision, knowledge and drive tests. A person reported for a cognitive impairment must receive a determination of medical eligibility by DMV’s Medical Determination Officer prior to being eligible to take a DMV drive test.
  •        A person whose driving privileges are suspended under OAR Chapter 735 Division 76 has been reported by a police officer, family member or other voluntary reporter. The voluntary reports may include descriptions of dangerous driving behavior or medical impairment or a combination of both. To regain driving privileges, the person may be required to receive a determination of medical eligibility by DMV’s Medical Determination Officer and/or pass the DMV vision, knowledge and drive tests. The person’s driving privileges or right to apply for driving privileges will remain suspended until the person has met all requirements.
  •       A person whose driving privileges are suspended under the At-Risk Driver Program may wish to take driving lessons prior to taking a DMV drive test. It may be that the person has recovered from a medical issue, but due to that medical issue has not driven in several months or even a few years. The person may feel a need to refresh driving skills prior to taking a drive test. DMV may issue either a restricted license or restricted applicant temporary permit for the express purpose of taking driving lessons. DMV may issue a restricted license (under OAR 735-074-0210 or 735-076-0050) pursuant to ORS 807.120 when the person has driving privileges that are suspended. DMV may issue a restricted applicant temporary permit (under OAR 735-074-0212 or 735-076-0052) pursuant to ORS 807.310 when the person does not have driving privileges to restrict. The person’s driving privileges may have expired, been surrendered, cancelled under OAR 735-062-0073 Denial of Further Testing, or the person may never have been granted Oregon driving privileges.
  •       DMV has determined that the current rule requirements place an undue burden on persons who want to take driving lessons in order to obtain valid driving privileges under the At-Risk Driver Program. Therefore, DMV proposes to amend OAR 735-074-0210(2) and 735-076-0050(2) to remove the requirement that all applicants provide documentation from a medical provider or rehabilitation specialist before a restricted license or permit will be issued and to remove the requirement that a person who completes driving lessons must prove they should be allowed to take a DMV drive test. It is only when a person is denied a drive test under OAR 735-062-0073 that the person must provide such proof.
  •       DMV proposes to amend OAR 735-074-0212 and 735-076-0052 to clarify when a person whose right to apply for driving privileges has been suspended and is eligible for a restricted applicant temporary permit and the requirements for issuance. These rule amendments also clarify that the suspension will be rescinded for 60 days but will be re-imposed without further notice or hearing if the person does not pass a drive test within that time period or is not otherwise eligible for driving privileges when the permit expires.
  •       Other amendments are made for clarity.
  •       Text of proposed and recently adopted ODOT rules can be found at website: http://www.oregon.gov/ODOT/CS/RULES/
  • Rules Coordinator: Lauri Kunze
  • Address: Department of Transportation, Driver and Motor Vehicle Services Division, 3930 Fairview Industrial Dr. SE, Salem, OR 97302
  • Telephone: (503) 986-3171

Department of Transportation,
Highway Division
Chapter 734

  • Rule Caption: Describes maximum allowed tow length for mobile homes traveling on U.S. Route 95.
  • Stat. Auth.: ORS 184.616, 184.619, 810.060 & 823.011
  • Stats. Implemented: ORS 810.050, 818.200 & 818.220
  • Proposed Amendments: 734-075-0010
  • Last Date for Comment: 5-23-11
  • Summary: These rules describe the transportation of mobile homes and modular building units on highways under the authority of the Oregon Department of Transportation. A petition for permanent rulemaking was received from the Oregon Manufactured Housing Association, requesting a revision to OAR 734-075-0010 to make a temporary allowance become permanent. With authorization from the Chief Engineer, ODOT temporarily allowed mobile homes up to 80 feet in length including the tongue, not otherwise authorized on US Route 95 due to length, to travel between Idaho and Nevada on US Route 95. The temporary allowance was needed because of temporary road restrictions on the primary and secondary routes motor carriers transporting 80 feet mobile homes from Idaho to Nevada are normally directed to take. OAR 734-075-0010 currently limits mobile home length to 75 feet, including the tongue. The Oregon Manufactured Housing Association has requested that the temporary route of U.S. Route 95 be made permanent for the movement of 80 foot long (including the tongue) mobile homes when traveling from Idaho to Nevada. During the temporary allowance, towed 80 foot long mobile homes traveling on U.S. Route 95 were observed in order to evaluate safety issues and road damage. There were no safety problems reported and the highway was not adversely affected by the movement of the 80 foot long mobile homes. The Oregon Manufactured Housing Association has stated that the ability to use U.S. Route 95 to travel between Idaho and Nevada saved the carrier approximately 200 miles of out-of-route travel per trip, along with fuel savings and other associated costs.
  •       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:
    ODOT intends to amend rules relating to modular building unit trailer lengths.
  • Stat. Auth.: ORS 184.616, 184.619, 810.060 & 823.011
  • Stats. Implemented: ORS 810.050, 818.200 & 818.220
  • Proposed Amendments: 734-075-0025
  • Last Date for Comment: 5-23-11
  • Summary: These rules describe the requirements that apply to hauling vehicles for modular buildings units. The proposed amendment would provide an exception to allow an over-dimensional permit to authorize modular building trailers in lengths up to 75 feet that are fixed in length to be used for unladen (empty) return trips. The industry has modified trailers that are fixed in length to transport modular buildings units. The rule is necessary to accommodate modified trailers needed to transport increasingly larger modular buildings.
  •       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:
    ODOT intends to amend rules governing permits for vehicles that exceed the legal vehicle height.
  • Stat. Auth.: ORS 184.616 & 184.619
  • Stats. Implemented: ORS 818.220 & 818.225
  • Proposed Amendments: 734-082-0025
  • Last Date for Comment: 5-23-11
  • Summary: These rules describe allowances and limitations for vehicles and combinations of vehicles, including any load which exceeds 14 feet in height. The proposed amendment specifies the Department of Transportation Bridge Section as the responsible group for providing accurate vertical clearance measurements under all structures. Department policy for vertical clearance is to provide a 4 inch buffer zone between the structure and the load for cautionary purposes. In addition, the proposed amendment allows the Chief Engineer to authorize the Administrator of the Motor Carrier Transportation Division to approve routes and issue permits for loads that encroach the normally prescribed 4 inch buffer on a case by case exception basis taking into account the measurements provided by the Department of Transportation Bridge Section. The rules are needed to assign responsibility to the MCTD Administrator to research and approve over height permits for the rare cases where the load will encroach on the 4 inch buffer and an alternative route is either not desirable or readily available.
  •       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

Employment Department,
Child Care Division
Chapter 414

  • Rule Caption: Update cardio-pulmonary resuscitation (CPR) training requirements.
  • Stat. Auth.: ORS 657.610
  • Stats. Implemented:
  • Proposed Amendments: 414-300-0110, 414-350-0110
  • Last Date for Comment: 5-23-11, 5 p.m.
  • Summary: Updates training requirements for teacher aides and assistants to be consistent with those for principle child care providers. Amends training requirements for cardio-pulmonary resuscitation (CPR).
  • Rules Coordinator: Courtney Brooks
  • Address: Employment Department, Child Care Division, 875 Union St. NE, Salem, OR 97311
  • Telephone: (503) 947-1724

Landscape Contractors Board
Chapter 808

  • Rule Caption: Adopt 2011–2013 Budget.
  • Date:                         Time:                        Location:
  • 5-20-11                  10 a.m.                    Roth’s IGA
                                                                               1130 Wallace Rd. NW
                                                                               Salem, OR 97304
  • Hearing Officer: Lisa Walter Sedlacek
  • Stat. Auth.: ORS 670.310 & 671.670
  • Stats. Implemented: ORS 182.462
  • Proposed Amendments: 808-001-0008
  • Last Date for Comment: 5-31-11
  • Summary: 808-001-0008 – Adopts 2011–2013 budget.
  • Rules Coordinator: Kim Gladwill-Rowley
  • Address: Landscape Contractors Board, 2111 Front St. NE, Suite 2-101, Salem, OR 97301
  • Telephone: (503) 378-5909, ext. 223

  • Rule Caption:
    Adds requirement to show intention to subcontract work to contract standards.
  • Date:                         Time:                        Location:
  • 5-20-11                  10 a.m.                    Roth’s IGA
                                                                               1130 Wallace Rd. NW
                                                                               Salem, OR
  • Hearing Officer: Lisa Walter Sedlacek
  • Stat. Auth.: ORS 670.310 & 671.670
  • Stats. Implemented: ORS 671.625
  • Proposed Amendments: 808-002-0020
  • Last Date for Comment: 5-23-11
  • Summary: 808-002-0020 – Adds requirement to show intention to subcontract work to contract standards.
  • Rules Coordinator: Kim Gladwill-Rowley
  • Address: Landscape Contractors Board, 2111 Front St. NE, Suite 2-101, Salem, OR 97301
  • Telephone: (503) 378-5909, ext. 223

  • Rule Caption:
    Clarifies planting in outdoor pots and containers when they can be moved without the assistance of power equipment as landscape maintenance.
  • Date:                         Time:                        Location:
  • 5-20-11                  10 a.m.                    Roth’s IGA
                                                                               1130 Wallace Rd. NW
                                                                               Salem, OR
  • Hearing Officer: Lisa Walter Sedlacek
  • Stat. Auth.: ORS 670.310 & 671.670
  • Stats. Implemented: ORS 671.520 & 671.540
  • Proposed Amendments: 808-002-0200, 808-002-0620
  • Last Date for Comment: 5-23-11
  • Summary: 808-002-0200 – Adds planting in outdoor pots and containers that are part of a structure or require power equipment to move when empty to the definition of casual, minor or inconsequential.
  •       808-002-0620 – Adds planting in outdoor pots and containers when the pots and containers can be moved without the assistance of power equipment when empty to landscape maintenance.
  • Rules Coordinator: Kim Gladwill-Rowley
  • Address: Landscape Contractors Board, 2111 Front St. NE, Suite 2-101, Salem, OR 97301
  • Telephone: (503) 378-5909, ext. 223

  • Rule Caption:
    Clarifies a landscape contracting business license is required for planting on structures and adds requirements, and clarifies landscaping work is outdoors.
  • Date:                         Time:                        Location:
  • 5-20-11                  10 a.m.                    Roth’s IGA
                                                                               1130 Wallace Rd. NW
                                                                               Salem, OR
  • Hearing Officer: Lisa Walter Sedlacek
  • Stat. Auth.: ORS 670.310 & 671.670
  • Stats. Implemented: ORS 671.520, 671.540, 671.570 671.660(5) & 671.690
  • Proposed Amendments: 808-002-0455, 808-002-0500
  • Last Date for Comment: 5-23-11
  • Summary: 808-002-0455 – Clarifies the definition of install is for nursery stock installed outdoors and landscaping work on structures must be approved by the structural engineer, architect, or building code official.
  •       808-002-0500 – Clarifies the definition of landscaping work to include nursery stock installed outdoors and the installation of root penetration preventions materials and other planting media.
  • Rules Coordinator: Kim Gladwill-Rowley
  • Address: Landscape Contractors Board, 2111 Front St. NE, Suite 2-101, Salem, OR 97301
  • Telephone: (503) 378-5909, ext. 223

  • Rule Caption:
    Removes outdated requirements; clarifies managing employee requirements; requires verification form; adds penalty for violation of agency’s rules.
  • Date:                         Time:                        Location:
  • 5-20-11                  10 a.m.                    Roth’s IGA
                                                                               1130 Wallace Rd. NW
                                                                               Salem, OR
  • Hearing Officer: Lisa Walter Sedlacek
  • Stat. Auth.: ORS 183.310–183.500, 670.310 & 671.670
  • Stats. Implemented: ORS 671.560, 671.595 & 671.997
  • Proposed Adoptions: 808-030-0015, 808-030-0018
  • Proposed Amendments: 808-003-0015, 808-030-0010, 808-005-0020
  • Last Date for Comment: 5-23-11
  • Summary: 808-003-0015 – Requires verification form from designated managing employee who is not an owner of the business.
  •       808-030-0010 – Removes outdates requirements.
  •       808-030-0015 – Clarifies managing employee requirements.
  •       808-030-0018 – Clarifies managing owner requirements.
  •       808-005-0020 – Adds penalty for failure to comply with agency’s administrative rules and failure of managing employee to notify the board when the managing employee ceases to act in the role of managing employee.
  • Rules Coordinator: Kim Gladwill-Rowley
  • Address: Landscape Contractors Board, 2111 Front St. NE, Suite 2-101, Salem, OR 97301
  • Telephone: (503) 378-5909, ext. 223

  • Rule Caption:
    Adds criteria for allowing continuing education hours for preparation and research for teaching or presenting.
  • Date:                         Time:                        Location:
  • 5-20-11                  10 a.m.                    Roth’s IGA
                                                                               1130 Wallace Rd. NW
                                                                               Salem, OR
  • Hearing Officer: Lisa Walter Sedlacek
  • Stat. Auth.: ORS 670.310 & 671.670
  • Stats. Implemented: ORS 671.676
  • Proposed Amendments: 808-040-0025, 808-040-0040
  • Last Date for Comment: 5-23-11
  • Summary: 808-040-0025 – Adds preparation and research for teaching or presenting criteria for determining the number of continuing education hours allowed.
  •       808-040-0040 – Adds preparation and research for teaching or presenting as acceptable subject matter for continuing education hours.
  • Rules Coordinator: Kim Gladwill-Rowley
  • Address: Landscape Contractors Board, 2111 Front Street NE, Suite 2-101, Salem, OR 97301
  • Telephone: (503) 378-5909, ext. 223

Occupational Therapy Licensing Board
Chapter 339

  • Rule Caption: New rule for fingerprinting, contact info, reporting crimes, education records kept 7 years, technical change for rules and hearings.
  • Stat. Auth.: ORS 675.280, 675.290, 675.320 & 675.332
  • Other Auth.: Board review
  • Stats. Implemented:
  • Proposed Adoptions: 339-010-0012, 339-010-0018
  • Proposed Amendments: 339-001-0005, 339-001-0006, 339-005-0000, 339-010-0020, 339-010-0050
  • Last Date for Comment: 5-31-11, Close of Business
  • Summary: Technical amendments made to 339-001-0005 Model Rules of Practice and Procedure to update effective date and rule making statutes.
  •       Technical amendment made to 339-001-0006 update Time for Requesting a Contacted Case Hearing from 21 to 30 days.
  •       Changes in fees in 339-005-0000 to include cost for background checks, including fingerprinting and assessing costs of conducting workforce data surveys.
  •       New rules for fingerprinting in 339-010-0012.
  •       New rule in 339-010-0018 on requirement to keep name, address, telephone contact information current and reported within 30 days to Board.
  •       Adding to 339-010-0020 new language on reporting crimes for unprofessional conduct.
  •       Adding requirement to 339-010-0050 that educational records are kept for seven years.
  • Rules Coordinator: Felicia Holgate
  • Address: Occupational Therapy Licensing Board, 800 NE Oregon St., Suite 407, Portland, OR 97232
  • Telephone: (971) 673-0198

Oregon Board of Naturopathic Medicine
Chapter 850

  • Rule Caption: Rule removes the Mifepristine from Formulary Compendium.
  • Stat. Auth.: ORS 685.125
  • Stats. Implemented: ORS 685.145
  • Proposed Amendments: 850-060-0226
  • Last Date for Comment: 5-31-11
  • Summary: Rule removes Mifepristine from classification (21)
    Oxytocics.
  • Rules Coordinator: Anne Walsh
  • Address: Oregon Board of Naturopathic Medicine, 800 NE Oregon St., Suite 407, Portland, OR 97232
  • Telephone: (971) 673-0193

  • Rule Caption:
    Clarify the certification process for Natural Childbirth.
  • Stat. Auth.: ORS 685.125
  • Stats. Implemented: ORS 685.135
  • Proposed Amendments: 850-035-0230
  • Last Date for Comment: 5-30-11
  • Summary: Clarify the certification process for Natural Childbirth.
  • Rules Coordinator: Anne Walsh
  • Address: Oregon Board of Naturopathic Medicine, 800 NE Oregon St., Suite 407, Portland, OR 97232
  • Telephone: (971) 673-0193

Oregon Department of Education
Chapter 581

  • Rule Caption: Modifies requirements relating to local assessment options.
  • Date:                         Time:                        Location:
  • 5-25-11                  1 p.m.                       255 Capitol St. NE, Rm. 251A
                                                                               Salem, OR 97310
  • Hearing Officer: Cindy Hunt
  • Stat. Auth.: ORS 329.451
  • Stats. Implemented: ORS 329.045, 329.075, 329.451 & 329.485
  • Proposed Amendments: 581-022-0615
  • Last Date for Comment: 5-25-11, 5 p.m.
  • Summary: The proposed revision to OAR 581-22-0615 (Assessment of Essential Skills) serves a twofold purpose:
  •       - Eliminates the requirement for the Assessment of Essential Skills Review Panel (AESRP) to recommend criteria for the local assessment option; and
  •       - Requires school districts to make public certain documentation, should they elect to utilize the local assessment option.
  • Rules Coordinator: Diane Roth
  • Address: 255 Capitol St. NE, Salem, OR 97310
  • Telephone: (503) 947-5791
  • Rule Caption: Updates minimum standards for retrofit of school buses.
  • Date:                         Time:                        Location:
  • 5-25-11                  1 p.m.                       255 Capitol St. NE, Rm. 251A
                                                                               Salem, OR 97310
  • Hearing Officer: Cindy Hunt
  • Stat. Auth.: ORS 820.100–820.120
  • Stats. Implemented: ORS 820.100–820.120
  • Proposed Adoptions: 581-053-0516
  • Proposed Amendments: 581-053-0512
  • Proposed Repeals: 581-053-0517
  • Last Date for Comment: 5-25-11, 5 p.m.
  • Summary: Updates minimum standards for school buses that are used for the first time in Oregon and combines chassis and body requirements into one rule. Repeals separate rule regarding minimum standards for school bus bodies. Creates separate minimum standards that apply to all buses regardless of purchase or manufacture date.
  •       Oregon Revised Statute 820.100 directs the State Board of Education to adopt vehicle standards for school buses consistent with national standards. National standards are updated every five years at the National Congress on School Transportation. Oregon is an active participant in this congress. Updates in this rule ensure that our standards are in line with national standards.
  •       In the past, school bus bodies were purchased separately from chassis that were normally made by a truck manufacture. Because of this process, rules were adopted for both parts of the school bus separately. School bus manufacturing has become more streamlined and most school buses are built from the ground up by one company and all school buses use chassis that are purpose built for the school bus industry.
  •       Currently retrofit standards are part of OAR 581-053-0512 “Minimum Standards for School Bus Chassis” and OAR 581-053-0517 “Minimum Standards for School Bus Bodies.” In order to make our rules more understandable, both of these OARs have been combined. Removing the retrofit standards out of the minimum standards for new school buses into their own rule, will further clarify the Department’s intent in rule.
  • Rules Coordinator: Diane Roth
  • Address: 255 Capitol St. NE, Salem, OR 97310
  • Telephone: (503) 947-5791

Oregon Health Authority
Chapter 943

  • Rule Caption: Allows the Oregon Health Authority to receive reimbursement for providing public records.
  • Stat. Auth.: ORS 192.430 & 413.042
  • Stats. Implemented: ORS 192.430, 192.440 &192.450
  • Proposed Adoptions: 943-003-0000, 943-003-0010
  • Last Date for Comment: 5-22-11, 5 p.m.
  • Summary: Allows the Authority, in order to comply with request for public records, to establish fees, in policy, to reimburse Authority costs of providing public records. Limits amount of fee to $25 that the Authority may charge to comply with request unless the Authority provides the requestor with notification of estimated amount of fee and requestor confirms that requestor wants the Authority to proceed with making records available.
  •       Proposed rules will soon be available on the DHS Website: http://www.oregon.gov/DHS/admin/dwssrules/index.shtml
  •       For hardcopy requests, call: (503) 945-6302.
  • Rules Coordinator: Kym Gasper
  • Address: 500 Summer St. NE, Salem, OR 97301
  • Telephone: (503) 945-6302

  • Rule Caption:
    Establishment of process for restricting an individual’s access to Authority premises, employees, and visitors.
  • Stat. Auth.: ORS 413.042
  • Stats. Implemented: ORS 413.042 & 654.010
  • Proposed Adoptions: 943-012-0005, 943-012-0010, 943-012-0015, 943-012-0020, 943-012-0025
  • Last Date for Comment: 5-22-11, 5 p.m.
  • Summary: Allows the Authority to protect Authority employees, visitors, and its premises from threats or acts of violence. Defines prohibited conduct and establishes criteria for restricting an individual’s access to Authority employees, visitors, and its premises when an individual has engaged in prohibited conduct.
  •       Proposed rules will soon be available on the DHS Website: http://www.oregon.gov/DHS/admin/dwssrules/index.shtml
  •       For hardcopy requests, call: (503) 945-6302.
  • Rules Coordinator: Kym Gasper
  • Address: 500 Summer St. NE, Salem, OR 97301
  • Telephone: (503) 945-6302

  • Rule Caption:
    Rulemaking procedures and delegation of rule-making authority for Oregon Health Authority.
  • Stat. Auth.: ORS 183.341 & 413.042
  • Stats. Implemented: ORS 183.330, 183.335 & 183.341
  • Proposed Adoptions: 943-001-0005, 943-001-0007
  • Last Date for Comment: 5-22-11, 5 p.m.
  • Summary: The Authority needs to adopt these rules to bring the agency into compliance with current statutes related to rulemaking filings and delegation of rulemaking authority requirements. The Authority proposes to adopt these rules in Chapter 943 which applies to administrative rules for the Authority agency-wide. The Authority is proposing to adopt these rules to conform with Notice of Proposed Rulemaking and temporary rule filing requirements concerning rulemaking and delegation of rulemaking authority requirements in ORS 183.
  •       Proposed rules will soon be available on the DHS Website: http://www.oregon.gov/DHS/admin/dwssrules/index.shtml
  •       For hardcopy requests, call: (503) 945-6302.
  • Rules Coordinator: Kym Gasper
  • Address: 500 Summer St. NE Salem, OR 97301
  • Telephone: (503) 945-6302

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:
  • 5-16-11                  1 p.m.                       500 Summer St. NE, Rm. 137A
                                                                               Salem, OR 97301
  • Hearing Officer: Richard Luthe
  • Stat. Auth.: ORS 179.040 & 413.042
  • Stats. Implemented: ORS 179.321, 183.458, 426.070 & 426.385
  • Proposed Amendments: 309-114-0005, 309-114-0020
  • Proposed Repeals: 309-114-0005(T), 309-114-0020(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: 5-17-11
  • 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) 947-1186

Oregon Health Authority,
Division of Medical Assistance Programs
Chapter 410

  • Rule Caption: July 2011 – stainless steel crowns, pulpal regeneration, prefabricated post and core services, other clarifications.
  • Date:                         Time:                        Location:
  • 5-17-11                  10:30 a.m.             Human Services Bldg., Rm. 137C
                                                                               500 Summer St. NE
                                                                               Salem, OR 97301
  • Hearing Officer: Darlene Nelson
  • Stat. Auth.: ORS 413.042, 414.065 & 414.707
  • Stats. Implemented: ORS 414.025, 414.065 & 414.707
  • Proposed Adoptions: 410-123-1220, 410-123-1260
  • Last Date for Comment: 5-19-11
  • Summary: The Dental Services Program administrative rules govern Division payment for services to certain clients. The Division will amend rules 410-123-1220 and 410-123-1260 as follows:
  •       • To cover stainless steel crowns on anterior primary teeth in addition to posterior primary and permanent teeth for clients under age 21 or who are pregnant; to list coverage of a newly created dental code for pulpal regeneration that is limited to clients under age 21 or who are pregnant; to clarify that prefabricated post and core services are covered only for clients under 21 or pregnant; to reference the updated “Covered and Non-Covered Services document” and other minor clarifications.
  •       • To clarify current policies and procedures to ensure these rules are not open to interpretation by the provider or outside parties and to help eliminate confusion possibly resulting in non-compliance and help facilitate provider compliance with eligibility, service coverage and limitations, and billing requirements.
  •       • To reflect the Oregon Health Authority name change and updated statutory reference.
  •       • Other text may be revised to improve readability and to take care of necessary “housekeeping” corrections.
  •       Proposed rules are available on the DMAP website: http://www.dhs.state.or.us/policy/healthplan/rules/notices.html
  •       For hardcopy requests, call: (503) 947-5081
  • Rules Coordinator: Darlene Nelson
  • Address: Oregon Health Authority, Division of Medical Assistance Programs, 500 Summer St. NE, E-35, Salem, OR 97301
  • Telephone: (503) 945-6927

  • Rule Caption:
    July 2011 – update criteria for definitions, exceptional needs, client materials and payment.
  • Date:                         Time:                        Location:
  • 5-17-11                  10:30 a.m.             Human Services Bldg., Rm. 137C
                                                                               500 Summer St. NE
                                                                               Salem, OR 97301
  • Hearing Officer: Darlene Nelson
  • Stat. Auth.: ORS 413.042
  • Stats. Implemented: 414.025, 414.065 & 409.010
  • Proposed Amendments: 410-141-0300, 410-141-0420
  • Proposed Repeals: 410-141-0110, 410-141-0115
  • Last Date for Comment: 5-19-11
  • Summary: The Oregon Health Plan (Managed Care) program administrative rules govern Division payments for services to clients. The Division needs to amend as follows:
  •       • OAR 410-141-0300 to update client materials requirements and OHA stat line
  •       • OAR 410-141-0420 to update provider enrollment criteria and OHA stat line
  •       The Division will repeal as follows:
  •       • OAR 410-141-0110 to remove PHP survey criteria; obsolete
  •       • OAR 410-141-0115 to remove PCM survey criteria; obsolete
  •       • All above rules will reflect the Oregon Health Authority name change and updated statutory reference.
  •       • Other text may be revised to improve readability and to take care of necessary “housekeeping” corrections.
  •       Proposed rules are available on the Division website: http://www.dhs.state.or.us/policy/healthplan/rules/notices.html
  •       For hardcopy requests, call: (503) 947-5081
  • Rules Coordinator: Darlene Nelson
  • Address: Oregon Health Authority, Division of Medical Assistance Programs, 500 Summer St. NE, E-35, Salem, OR 97301
  • Telephone: (503) 945-6927

  • Rule Caption:
    July ‘11 – Clarify rule regarding individual practitioner enrollment, amend rule to ensure is consistent with general rules
  • Date:                         Time:                        Location:
  • 5-17-11                  10:30 a.m.             Human Services Bldg., Rm. 137C
                                                                               500 Summer St. NE
                                                                               Salem, OR 97301
  • Hearing Officer: Darlene Nelson
  • Stat. Auth.: ORS 413.042 & 414.065
  • Stats. Implemented: ORS 414.065
  • Proposed Amendments: 410-146-0440, 410-146-0460
  • Last Date for Comment: 5-19-11
  • Summary: The American Indian/Alaska Native Services Program rules govern the Division of Medical Assistance Programs’ (Division) payments for services provided to certain clients. The Division will amend 410-146-0440 and 410-146-0460 as follows:
  •       • Eliminate barriers to AI/AN providers enrolling individual practitioners employed by the health center, and to reference OAR 410-120-0045 and not an outreach agreement administered by the Division.
  •       • Reflect the Oregon Health Authority name change and updated statutory reference.
  •       • Other text may be revised to improve readability and to take care of necessary “housekeeping” corrections.
  •       Proposed rules are available on the DMAP website: http://www.dhs.state.or.us/policy/healthplan/rules/notices.html
  •       For hardcopy requests, call: (503) 947-5081
  • Rules Coordinator: Darlene Nelson
  • Address: Oregon Health Authority, Division of Medical Assistance Programs, 500 Summer St. NE, E-35, Salem, OR 97301
  • Telephone: (503) 945-6927

  • Rule Caption:
    July ‘11 – Clarify rule regarding individual practitioner enrollment, amend rule to ensure is consistent with general rules.
  • Date:                         Time:                        Location:
  • 5-17-11                  10:30 a.m.             Human Services Bldg., Rm. 137C
                                                                               500 Summer St. NE
                                                                               Salem, OR 97301
  • Hearing Officer: Darlene Nelson
  • Stat. Auth.: ORS 413.042 & 414.065
  • Stats. Implemented: ORS 414.065
  • Proposed Amendments: 410-147-0340, 410-147-0400
  • Last Date for Comment: 5-19-11
  • Summary: The Federally Qualified Health Centers and Rural Health Clinics (FQHC/RHC) Program rules govern the Division of Medical Assistance Programs’ (Division) payments for services provided to certain clients. The Division will amend 410-147-0340 and 410-147-0400 as follows:
  •       • To eliminate barriers to FQHC/RHC’s enrolling individual practitioners employed by the health center, and to reference OAR 410-120-0045 and not an outreach agreement administered by the Division.
  •       • All above rules will reflect the Oregon Health Authority name change and updated statutory reference.
  •       • Other text may be revised to improve readability and to take care of necessary “housekeeping” corrections.
  •       Proposed rules are available on the DMAP website: http://www.dhs.state.or.us/policy/healthplan/rules/notices.html
  •       For hardcopy requests, call: (503) 947-5081
  • Rules Coordinator: Darlene Nelson
  • Address: Oregon Health Authority, Division of Medical Assistance Programs, 500 Summer St. NE, E-35, Salem, OR 97301
  • Telephone: (503) 945-6927

  • Rule Caption:
    Move Law Enforcement Medical Liability Program from chapter 461 to 410.
  • Date:                         Time:                        Location:
  • 5-17-11                  10:30 a.m.             Human Services Bldg., Rm. 137C
                                                                               500 Summer St. NE
                                                                               Salem, OR 97301
  • Hearing Officer: Darlene Nelson
  • Stat. Auth.: ORS 413.042
  • Stats. Implemented: ORS 414.805 & 414.815
  • Proposed Ren. & Amends: 461-012-0100 to 410-160-0000, 461-012-0150 to 410-160-0100
  • Last Date for Comment: 5-19-11
  • Summary: The Law Enforcement Medical Liability program administrative rules govern Division payments for services to certain clients. The Law Enforcement Medical Liability Account Program is an existing program that is being moved from chapter 461 (Children, Adult and Families) to chapter 410 (Division of Medical Assistance Programs). The Division needs to renumber and update the rules with current information, name changes, codification, punctuation and formatting consistent with other Division rules.
  •       Other text may be revised to improve readability and to take care of necessary “housekeeping” corrections.
  •       Proposed rules are available on the Division webpage: http://www.dhs.state.or.us/policy/healthplan/rules/notices.html
  •       For hardcopy requests, call: (503) 947-5081
  • Rules Coordinator: Darlene Nelson
  • Address: Oregon Health Authority, Division of Medical Assistance Programs, 500 Summer St. NE, E-35, Salem, OR 97301
  • Telephone: (503) 945-6927

Oregon Health Authority,
Office of Private Health Partnerships
Chapter 442

  • Rule Caption: Expand program income levels.
  • Stat. Auth.: ORS 414.839–414.864
  • Stats. Implemented: ORS 414.844
  • Proposed Amendments: 442-005-0000
  • Last Date for Comment: 5-21-11
  • Summary: FHIAP is expanding program levels from 185 percent up through 200 percent to make insurance affordable to more children, adults and families.
  • 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,
Public Health Division
Chapter 333

  • Rule Caption: New Definitions and New Disease Reporting Requirements.
  • Date:                         Time:                        Location:
  • 6-8-11                     3 p.m.                       Portland State Office Bldg.
                                                                               800 NE Oregon St., Rm. 1A
                                                                               Portland, OR 97232
  • Hearing Officer: Jana Fusell
  • Stat. Auth.: ORS 431.001, 431.110, 431.120, 432.060, 433.001–433.035, 433.045–433.080, 433.110–433.220, 433.340, 433.350, 437.010, 437.030, 438.450, 616.010, 616.745, 624.005 & 624.080
  • Stats. Implemented: ORS 431.001, 431.110, 431.150, 431.155, 431.170, 433.001–433.035, 433.065, 433.106, 433.110 –433.220, 433.260, 433.273, 433.345, 433.350, 433.360, 433.407, 433.411, 433.419, 437.010, 437.030, 438.310, 616.745 & 624.380
  • Proposed Adoptions: 333-019-0003
  • Proposed Amendments: 333-017-0000, 333-017-0005, 333-018-0000, 333-018-0005, 333-018-0010, 333-018-0013, 333-018-0015, 333-018-0018, 333-018-0020, 333-018-0035, 333-019-0000, 333-019-0002, 333-019-0005, 333-019-0010, 333-019-0014, 333-019-0024, 333-019-0031, 333-019-0039, 333-019-0041, 333-019-0046
  • Proposed Repeals: 333-018-0030
  • Last Date for Comment: 6-10-11, 5 p.m.
  • Summary: The Oregon Health Authority, Public Health Division, Acute and Communicable Disease Prevention program is proposing to permanently amend rules in chapter 333, divisions 17, 18 and 19 concerning reportable diseases in order to add new definitions and new disease requirements.
  • Rules Coordinator: Brittany Sande
  • Address: Oregon Health Authority, Public Health Division, 800 NE Oregon St., Suite 930, Portland, OR 97232
  • Telephone: (971) 673-1291

Oregon Liquor Control Commission
Chapter 845

  • Rule Caption: Amend two distilled spirits tasting rules allowing mixing with nonalcoholic beverages.
  • Date:                         Time:                        Location:
  • 5-24-11                  10 a.m.                    9079 SE McLoughlin Blvd.
                                                                               Portland, OR 97222
  • Hearing Officer: Jennifer Huntsman
  • Stat. Auth.: ORS 471, including 471.030, 471.040 & 471.730(1) & (5)
  • Stats. Implemented: ORS 471.398 & 471.750
  • Proposed Amendments: 845-005-0428, 845-015-0155
  • Last Date for Comment: 6-7-11
  • Summary: There are two rules in this package: OAR 845-005-0428 Retail On-Premises Distilled Spirits Sampling Involving Distillery Representative and OAR 845-015-0155 Consumption in a Retail Liquor Store. Both of these rules describe the conditions under which distilled spirits tastings for the public involving distilled spirits representatives are allowed. The first rule governs distilled spirits tastings at a Full On-Premises location and the second governs tastings in a retail liquor store. In November 2009 the Commission adopted new tastings rules for tastings at a Distillery licensee’s premises and then in September 2010 the Commission adopted the new Special Event Distillery rule which included the parameters for allowable distilled spirits tastings at these events. The proposed rule amendments in this package would allow the mixing of distilled spirits with nonalcoholic beverages in tastings which would parallel what is now allowed at the Distillery premises and at their special events. Under the proposal the maximum one-quarter ounce distilled spirits per taste and one-half ounce total distilled spirits per customer per day would remain the same. The proposed amendments would allow, at both a Full On-Premises location and at a retail liquor store, the ability to use a nonalcoholic mixer to enhance the taste for consumers and set the maximum total ounces of liquid in each taste (including mixer) at two ounces.
  • Rules Coordinator: Jennifer Huntsman
  • Address: Oregon Liquor Control Commission, 9079 SE McLoughlin Blvd., Portland, OR 97222
  • Telephone: (503) 872-5004

  • Rule Caption:
    Requires licensees with evidence of serious compliance problems to submit and follow a compliance plan.
  • Date:                         Time:                        Location:
  • 5-26-11                  10 a.m.                    9079 SE McLoughlin Blvd.
                                                                               Portland, OR 97222
  • Hearing Officer: Jennifer Huntsman
  • Stat. Auth.: ORS 471, 471.030, 471.040 & 471.730(1) & (5)
  • Stats. Implemented: ORS 471.030
  • Proposed Adoptions: 845-006-0497
  • Last Date for Comment: 6-9-11
  • Summary: Currently compliance plans are voluntary and are usually developed at the time of an intervention meeting between regulatory staff and a licensee. Staff proposes adoption of a new rule which will give the Commission authority to require such plans when there is evidence of compliance problems that are or are likely to become serious. The compliance plan will set out specific actions the licensee will take to address the problems and must be approved by the Commission. The new proposed rule will also give the Commission the authority to sanction a licensee if a required compliance plan is not submitted or is not being followed.
  • Rules Coordinator: Jennifer Huntsman
  • Address: Oregon Liquor Control Commission, 9079 SE McLoughlin Blvd., Portland, OR 97222
  • Telephone: (503) 872-5004

Oregon Public Employees Retirement System
Chapter 459

  • Rule Caption: Clarify member’s ability to make retirement credit purchases.
  • Date:                         Time:                        Location:
  • 5-17-11                  1 p.m.                       PERS, Boardroom
                                                                               11410 SW 68th Pkwy.
                                                                               Tigard, OR
  • Hearing Officer: Daniel Rivas
  • Stat. Auth.: ORS 238.650
  • Stats. Implemented: ORS 238.115, 238.125, 238.135, 238.145, 238.148, 238.156, 238.157, 238.160, 238.162, 238.165, 238.175, 526.052 & 1999 OL Ch. 971, Sec. 2
  • Proposed Adoptions: 459-011-0150
  • Last Date for Comment: 5-18-11
  • Summary: Senate Bill 399 (2009), codified as ORS 238.222, allows eligible members to restore forfeited creditable service or purchase retirement credit with pre-tax dollars transferred from certain other retirement plans. The bill has an operative date of September 1, 2011. Previously, staff noticed rulemaking to address the parameters for eligibility to fund a purchase with a trustee-to-trustee transfer, guidance on how PERS will treat excess dollars transferred to PERS, and the relevant timelines. Conforming modifications were proposed to other administrative rules to reflect this new purchase funding method. As these rules were developed further, staff concluded that putting these transfers in a broader context made sense, as these new rules addressed aspects of service credit purchases that were of general application, but no general rule addressed purchases.
  •       Copies of the proposed rules are available to any person upon request. The rules are also available at http://www.oregon.gov/
    PERS/about_us.shtml. Public comment may be mailed to the above address or sent via email to Daniel.Rivas@state.or.us
  • Rules Coordinator: Daniel Rivas
  • Address: Oregon Public Employees Retirement System, PO Box 23700, Tigard, OR 97281
  • Telephone: (503) 603-7713

  • Rule Caption:
    Clarify Social Security administration and repeal obsolete rules.
  • Date:                         Time:                        Location:
  • 6-28-11                  2 p.m.                       PERS, Boardroom
                                                                               11410 SW 68th Pkwy.
                                                                               Tigard, OR
  • Hearing Officer: Daniel Rivas
  • Stat. Auth.: ORS 237.470
  • Stats. Implemented: ORS 237.410, 237.480, 237.500 & IRC 3121(d)(2)
  • Proposed Amendments: 459-020-0015, 459-020-0030, 459-020-0040, 459-020-0050
  • Proposed Repeals: 459-020-0005, 459-020-0010, 459-020-0012, 459-020-0020, 459-020-0025, 459-020-0035, 459-020-0045, 459-020-0055
  • Last Date for Comment: 7-1-11
  • Summary: The primary need for this rulemaking is to align the Chapter 459, Division 020, Old-Age and Survivors Insurance rules with current practice, and to repeal obsolete rules.
  •       Copies of the proposed rules are available to any person upon request. The rules are also available at http://www.oregon.gov/
    PERS/about_us.shtml. Public comment may be mailed to the above address or sent via email to Daniel.Rivas@state.or.us
  • Rules Coordinator: Daniel Rivas
  • Address: Oregon Public Employees Retirement System, PO Box 23700, Tigard, OR 97281
  • Telephone: (503) 603-7713

  • Rule Caption:
    Establishes requirements and Limitations for Self-Directed Brokerage Option of Oregon Savings Growth Plan.
  • Date:                         Time:                        Location:
  • 6-28-11                  2 p.m.                       PERS, Boardroom
                                                                               11410 SW 68th Pkwy.
                                                                               Tigard, OR
  • Hearing Officer: Daniel Rivas
  • Stat. Auth.: ORS 243.470
  • Stats. Implemented: ORS 243.401–243.507
  • Proposed Adoptions: 459-050-0120
  • Proposed Amendments: 459-050-0037, 459-050-0077, 459-050-0150, 459-050-0300
  • Last Date for Comment: 7-1-11
  • Summary: The Oregon Investment Council approved the Oregon State Treasury adding a Self-Directed Brokerage Option (SDBO) to the Oregon Savings Growth Plan (OSGP).
  •       The proposed rule and rule modifications establish requirements for participation in the SDBO, limitations on transactions involving the SDBO, and clarify the interaction of the SDBO with certain other OSGP rules and requirements.
  •       The proposed modifications to OAR 459-050-0150 also eliminate the requirement that the unforeseeable emergency occur within a defined period before or after application for the emergency withdrawal.
  •       Copies of the proposed rules are available to any person upon request. The rules are also available at http://www.oregon.gov/
    PERS/about_us.shtml. Public comment may be mailed to the above address or sent via email to Daniel.Rivas@state.or.us
  • Rules Coordinator: Daniel Rivas
  • Address: Oregon Public Employees Retirement System, PO Box 23700, Tigard, OR 97281
  • Telephone: (503) 603-7713

  • Rule Caption:
    Clarify administration of combined and concurrent service membership and retirement benefits.
  • Date:                         Time:                        Location:
  • 6-28-11                  2 p.m.                       PERS, Boardroom
                                                                               11410 SW 68th Pkwy.
                                                                               Tigard, OR
  • Hearing Officer: Daniel Rivas
  • Stat. Auth.: ORS 238.650, 238A.120 & 238A.450
  • Stats. Implemented: ORS 238.280, 238.300, 238.320–238.345, 238.435, 238A.140 & 238A.235
  • Proposed Adoptions: 459-010-0019, 459-013-0050
  • Proposed Repeals: 459-010-0165, 459-010-0170
  • Last Date for Comment: 7-1-11
  • Summary: These rule changes will clarify the administration of police officer or firefighter and other than police officer or firefighter membership and retirement benefits.
  •       Copies of the proposed rules are available to any person upon request. The rules are also available at http://www.oregon.gov/PERS/about_us.shtml. Public comment may be mailed to the above address or sent via email to Daniel.Rivas@state.or.us
  • Rules Coordinator: Daniel Rivas
  • Address: Oregon Public Employees Retirement System, PO Box 23700, Tigard, OR 97281
  • Telephone: (503) 603-7713

Oregon University System,
Eastern Oregon University
Chapter 579

  • Rule Caption: Amend special student and course fees.
  • Stat. Auth.: ORS 351.070
  • Stats. Implemented: ORS 351.070
  • Proposed Amendments: 579-020-0006
  • Last Date for Comment: 5-23-11
  • Summary: Amend fees charged to students for special uses of facilities, services or supplies at Eastern Oregon University.
  • Rules Coordinator: Teresa Carson-Mastrude
  • Address: Oregon University System, Eastern Oregon University, One University Blvd., Inlow Hall 202A, La Grande, OR 97850
  • Telephone: (541) 962-3773

  • Rule Caption:
    Repeal of the EOU Dogs on Campus policy.
  • Stat. Auth.: ORS 351.060
  • Stats. Implemented: ORS 351.060
  • Proposed Repeals: 579-050-0005
  • Last Date for Comment: 5-23-11
  • Summary: The proposed repeal of the Dogs on Campus policy is to accommodate institutional and federal ADA regulations and to establish appropriate policy related to Animal Control on the Eastern Oregon University Campus.
  • Rules Coordinator: Teresa Carson-Mastrude
  • Address: Oregon University System, Eastern Oregon University, One University Blvd., Inlow Hall 202A, La Grande, OR 97850
  • Telephone: (541) 962-3773

Oregon University System,
Oregon Institute of Technology
Chapter 578

  • Rule Caption: To amend the Schedule of Special Institutional Fees and Charges.
  • Date:                         Time:                        Location:
  • 5-27-11                  3 p.m.                       Snell Hall, Rm. 215
                                                                               3201 Campus Dr.
                                                                               Klamath Falls, OR 97601
  • Hearing Officer: Mary Ann Zemke
  • Stat. Auth.: ORS 351.070
  • Stats. Implemented: ORS 351.070
  • Proposed Amendments: 578-041-0030
  • Last Date for Comment: 5-27-11
  • Summary: 578-041-0030 Amends the Schedule of Special Institution Fees and Charges. Amendments allow for increases, revisions, additions or deletions of special course fees and general service fees for fiscal year 2011–2012. The schedule of subject fees may be obtained from the Oregon Institute of technology Office.
  • Rules Coordinator: Leticia Hill
  • Address: Oregon University System, Oregon Institute of Technology, 3201 Campus Drive, Klamath Falls, OR 97601-8801
  • Telephone: (541) 885-1133

Oregon University System,
Oregon State University
Chapter 576

  • Rule Caption: Amends Oregon State University’s Alcoholic Beverage Policy.
  • Date:                         Time:                        Location:
  • 5-31-11                  1 p.m.                       Memorial Union, Rm. 206
                                                                               (OSU Campus)
                                                                               Corvallis, OR
  • Hearing Officer: Barbara Melton
  • Stat. Auth.: ORS 351.070
  • Stats. Implemented: ORS 351.070
  • Proposed Amendments: 576-060-0010, 576-060-0015, 576-060-0020, 576-060-0025, 576-060-0031, 576-060-0038
  • Last Date for Comment: 6-3-11, 5 p.m.
  • Summary: These amendments eliminate references to OARs that no longer exist, update name changes of various departments, add the baseball stadium complex and provide clarity in definitions.
  • Rules Coordinator: Barbara Melton
  • Address: Office of the General Counsel, 638 Kerr Administration Bldg., Oregon State University, Corvallis, OR 97331-2128
  • Telephone: (541) 737-6262

  • Rule Caption:
    Disbursement by Electronic Funds Transfer (EFT).
  • Date:                         Time:                        Location:
  • 5-31-11                  1 p.m.                       Memorial Union, Rm. 206
                                                                               (OSU Campus)
                                                                               Corvallis, OR
  • Hearing Officer: Barbara Melton
  • Stat. Auth.: ORS 351 & 293.525
  • Stats. Implemented: ORS 351 & 293.525
  • Proposed Adoptions: 576-010-0006
  • Last Date for Comment: 6-3-11, 5 p.m.
  • Summary: Provides for Oregon State University to make disbursements primarily by Electronic Funds Transfers.
  • Rules Coordinator: Barbara Melton
  • Address: Office of the General Counsel, 638 Kerr Administration Bldg., Oregon State University, Corvallis, OR 97331-2128
  • Telephone: (541) 737-6262

  • Rule Caption:
    Sets fees/charges at Oregon State University, fiscal year 2011–2012.
  • Date:                         Time:                        Location:
  • 5-31-11                  1 p.m.                       Memorial Union, Rm. 206
                                                                               (OSU Campus)
                                                                               Corvallis, OR
  • Hearing Officer: Barbara Melton
  • Stat. Auth.: ORS 351.070 & 352.360
  • Other Auth.: OAR 580-040-0010
  • Stats. Implemented: ORS 351.070 & 352.360
  • Proposed Amendments: 576-010-0000
  • Last Date for Comment: 6-3-11, 5 p.m.
  • Summary: The proposed amendment will set fees and charges for designated services at Oregon State University for fiscal year 2011–2012. The rule states: “The University hereby adopts by reference a list of fees and charges for fiscal year 2011–2012. The list of fees and charges is available at Oregon State University’s Valley Library, and is hereby incorporated by reference in the rule.”
  • Rules Coordinator: Barbara Melton
  • Address: Office of the General Counsel, 638 Kerr Administration Bldg., Corvallis, OR 97331-2128
  • Telephone: (541) 737-6262

  • Rule Caption:
    Amends Oregon State University’s Student Conduct Code.
  • Date:                         Time:                        Location:
  • 5-31-11                  1 p.m.                       Memorial Union, Rm. 206
                                                                               (OSU Campus)
                                                                               Corvallis, OR
  • Hearing Officer: Barbara Melton
  • Stat. Auth.: ORS 351.070
  • Stats. Implemented: ORS 351.070
  • Proposed Amendments: 576-015-0020, 576-015-0050
  • Last Date for Comment: 6-3-11, 5 p.m.
  • Summary: This rule makes numbering corrections to OSU’s Student Conduct Code, and deletes one unnecessary and redundant paragraph.
  • Rules Coordinator: Barbara Melton
  • Address: Office of the General Counsel, 638 Kerr Administration Bldg., Oregon State University, Corvallis, OR 97331-2128
  • Telephone: (541) 737-6262

  • Rule Caption:
    Revision of rules relating to university owned and operated housing.
  • Date:                         Time:                        Location:
  • 5-31-11                  1 p.m.                       Memorial Union, Rm. 206
                                                                               (OSU Campus)
                                                                               Corvallis, OR
  • Hearing Officer: Barbara Melton
  • Stat. Auth.: ORS 351.070
  • Stats. Implemented: ORS 351.070
  • Proposed Amendments: 576-017-0005
  • Proposed Repeals: 576-017-0010, 576-017-0015, 576-017-0020
  • Last Date for Comment: 6-3-11, 5 p.m.
  • Summary: This rule change clarifies Oregon State University’s housing rules to bring them in line with current university policies, and repeal administrative rules that are unnecessary in light of those policies.
  • Rules Coordinator: Barbara Melton
  • Address: Office of the General Counsel, 638 Kerr Administration Bldg., Oregon State University, Corvallis, OR 97331-2128
  • Telephone: (541) 737-6262

  • Rule Caption:
    Amendment of rules regarding OSU’s College of Veterinary Medicine’s Discounted Fee Program.
  • Date:                         Time:                        Location:
  • 5-31-11                  1 p.m.                       Memorial Union, Rm. 206
                                                                                (OSU Campus)
                                                                               Corvallis, OR
  • Hearing Officer: Barbara Melton
  • Stat. Auth.: ORS 351.070
  • Other Auth.: OAR 580-040-0010
  • Stats. Implemented: ORS 351.070
  • Proposed Amendments: 576-010-0031, 576-010-0036, 576-010-0041
  • Last Date for Comment: 6-3-11, 5 p.m.
  • Summary: This amendment adds veterinarians to Oregon State University’s College of Veterinary Medicine’s discounted fee program.
  • Rules Coordinator: Barbara Melton
  • Address: Office of the General Counsel, 638 Kerr Administration Bldg., Oregon State University, Corvallis, OR 97331-2128
  • Telephone: (541) 737-6262

Oregon University System,
Southern Oregon University
Chapter 573

  • Rule Caption: Special Fees.
  • Date:                         Time:                        Location:
  • 5-31-11                  10 a.m.                    Churchill Hall, Rm. 220
                                                                               Southern Oregon University
                                                                               1250 Siskiyou Blvd.
                                                                               Ashland, OR 97520
  • Hearing Officer: Linda Cannon
  • Stat. Auth.: ORS 351.070
  • Stats. Implemented: ORS 351.070
  • Proposed Amendments: 573-040-0005
  • Last Date for Comment: 5-31-11
  • Summary: The proposed rule amendments eliminate fees that are no longer necessary and establish, increase, or decrease fees to more accurately reflect the actual costs of instruction for certain sources and special services not otherwise funded through the institution’s operating budget.
  • Rules Coordinator: Treasa Sprague
  • Address: Oregon University System, Southern Oregon University, 1250 Siskiyou Blvd., Ashland, OR 97520
  • Telephone: (541) 552-6319

  • Rule Caption:
    Amend Code of Student Conduct.
  • Stat. Auth.: ORS 351.070
  • Stats. Implemented: ORS 351.070
  • Proposed Amendments: 573-076-0000, 573-076-0020, 573-076-0050, 573-076-0060, 573-076-0070, 573-076-0080, 573-076-0130
  • Last Date for Comment: 5-31-11
  • Summary: SOU’s Code of student Conduct outlining SOU’s philosophy, expectations, policies, and procedures for students.
  • Rules Coordinator: Treasa Sprague
  • Address: Oregon University System, Southern Oregon University, 1250 Siskiyou Blvd., Ashland, OR 97520
  • Telephone: (541) 552-6319

  • Rule Caption:
    Parking Enforcement and Appeals.
  • Stat. Auth.: ORS 351.070
  • Stats. Implemented: ORS 352.360
  • Proposed Adoptions: 573-050-0016
  • Proposed Amendments: 573-050-0005, 573-050-0015, 573-050-0020, 573-050-0025, 573-050-0040
  • Last Date for Comment: 5-27-11
  • Summary: This amendment in division 50 edits language to correct subsections of the rule and adopt one new rule.
  • Rules Coordinator: Treasa Sprague
  • Address: Oregon University System, Southern Oregon University, 1250 Siskiyou Blvd., Ashland, OR 97520
  • Telephone: (541) 552-6319

Parks and Recreation Department
Chapter 736

  • Rule Caption: Implement changes to improve public safety during the State Fair and other events. Make editorial changes to clarify rule if needed.
  • Date:                         Time:                        Location:
  • 5-19-11                  1 p.m.                       Oregon State Fair and
                                                                               Exposition Center, Cascade Hall
                                                                               2330 17th St. NE
                                                                               Salem, OR
  • Hearing Officer: Staff
  • Stat. Auth.: ORS 565.060
  • Stats. Implemented: ORS 565
  • Proposed Amendments: Rules in 736-201
  • Last Date for Comment: 5-31-11
  • Summary: Amend OAR 736-201-0065 to define items prohibited on Oregon Exposition Center (OEC) property, outline the process for searches that occur at the OEC gates and inside the gates, and better organize the rule to provide clearer notice to the public for inspections during the Oregon State Fair and other events at OEC. Amend OAR 736-201-0040 to provide grater detail on the advertising, canvassing and soliciting permit process, as well as the rules of conduct and conditions for revoking a permit for those allowed to advertise, canvass or solicit at OEC. Amend other rules in OAR 736-201 if necessary to improve clarify and organization and thus provide better notice to the public for the chapter pertaining to the Oregon State Fair and Exposition Center.
  • Rules Coordinator: Vanessa DeMoe
  • Address: Parks and Recreation Department, 725 Summer St. NE, Suite C, Salem, OR 97301
  • Telephone: (503) 986-0719

  • Rule Caption:
    Implements new ADA regulations, allows pets in designated facilities and requires campsites be occupied.
  • Stat. Auth.: ORS 390.124
  • Stats. Implemented: ORS 390.111, 390.121 & 390.124
  • Proposed Amendments: 736-010-0015, 736-010-0025, 736-010-0026, 736-010-0030, 736-010-0050
  • Last Date for Comment: 5-31-11
  • Summary: New federal regulations implementing the American with Disabilities Act of 1990 (42 USC 12181) (ADA) expand the types of mobility devices that may be used for access. This broadening of the range of devices that may not be used requires changes to OAR 736, division 10, to allow such devices for the purposes of ADA access. The new ADA regulations also define “Service Animal” which is being incorporated into division 10 rule, and require that miniature horses be allowed in specific facilities subject to certain considerations.
  •       Rules prohibiting pets in yurts and cabins are being amended to allow pets in those facilities that have been designated as pet friendly.
  •       The rule on campsite occupancy is being amended to clarify that a site must be occupied the first night after any belongings are left in the site and must remain occupied each night during the length of the stay.
  • Rules Coordinator: Vanessa DeMoe
  • Address: Parks and Recreation Department, 725 Summer St. NE, Suite C, Salem, OR 97301
  • Telephone: (503) 986-0719

  • Rule Caption:
    Defines Foster and Veterans waiver eligibility; reservation cancellation; no show; reservation process for ADA facilities.
  • Stat. Auth.: ORS 390.124
  • Stats. Implemented: ORS 390.111, 390.121 & 390.124
  • Proposed Amendments: 736-015-0006, 736-015-0015, 736-015-0035
  • Last Date for Comment: 5-31-11
  • Summary: Division 15 rules are being amended to: establish the requirements for proof of eligibility for Veterans and Foster Family fee waiver programs; clearly define what a reservation cancellation entails; establish procedures for releasing a reservation when the camper does not claim in on the first night; and bring the reservation process for accessible facilities in compliance with federal ADA regulations.
  • Rules Coordinator: Vanessa DeMoe
  • Address: Parks and Recreation Department, 725 Summer St. NE, Suite C, Salem, OR 97301
  • Telephone: (503) 986-0719

Physical Therapist Licensing Board
Chapter 848

  • Rule Caption: Amend current rule expense budget figure to reflect 2011–2013 Board approved expense budget.
  • Date:                         Time:                        Location:
  • 6-10-11                  8:30 a.m.                PSOB
                                                                               800 NE Oregon St., 1-D
                                                                               Portland, OR
  • Hearing Officer: James D. Heider
  • Stat. Auth.: ORS 182.462
  • Stats. Implemented: ORS 182.462
  • Proposed Amendments: 848-005-0010
  • Last Date for Comment: 6-9-11, 4:30 p.m.
  • Summary: The Physical Therapist Licensing Board hereby adopts by reference the Physical Therapist Licensing Board 2011-2013 Biennium Budget of $988,900 covering the period from July 1, 2011 through June 30, 2013. The Executive Director of the Board will amend budgeted accounts as necessary within the approved budget of $988,900 for the effective operation of the Board. The Board will not exceed the approved 2011–2013 Biennium Budget without amending this rule, notifying holders of licenses, and holding a public hearing thereon as required by ORS Chapter 182.462(1) and (2). Copies of the budget are available on the Board website or by contacting the Board’s office.
  •       Last day for consideration of written testimony, 4:30 p.m. on Thursday June 9, 2011, all oral testimony will be considered at the public hearing Friday, June 10, 2011 at 8:30 a.m.
  • Rules Coordinator: James Heider
  • Address: Physical Therapist Licensing Board, 800 NE Oregon St, Suite 407, Portland, OR 97232
  • Telephone: (971) 673-0203

Public Utility Commission
Chapter 860

  • Rule Caption: In the Matter of Revising Net Metering Rules Regarding Aggregation of Meters on Different Rate Schedules.
  • Date:                         Time:                        Location:
  • 5-16-11                  9:30 a.m.                Public Utility Commission
                                                                               Main Hearing Rm.
                                                                               550 Capitol St. NE
                                                                               Salem, OR
  • Hearing Officer: Patrick Power
  • Stat. Auth.: ORS 183, 756.040 & 757.300
  • Stats. Implemented: ORS 756.040 & 757.300
  • Proposed Amendments: 860-039-0005, 860-039-0010, 860-039-0065
  • Last Date for Comment: 5-24-11, Close of Business
  • Summary: A current provision in the net metering rules regarding aggregation of meters (OAR 860-039-0065) requires that aggregated meters be on the same rate schedule. The proposed rule changes eliminate that provision and make additional changes to facilitate customer-generators participating in the net-metering program to aggregate meters on different rate schedules under certain conditions.
  •       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 548 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://apps.puc.state.or.us/edockets/center.htm. Interested persons may review all filings online at http://apps.puc.state.or.us/edockets/docket.asp?DocketID=16594. A copy of the Commission Staff’s proposed rules are available online at http://edocs.puc.state.or.us/efdocs/HCB/ar548hcb125359.pdf (attached to the prior notice).
  •       Participants wishing to monitor the hearing by telephone (listen only) must contact Diane Davis at diane.davis@state.or.us or (503) 378-4372 by close of business May 11, 2011, to request a dial-in number. To present oral comment at the hearing, participants must attend in person.
  • Rules Coordinator: Diane Davis
  • Address: Public Utility Commission of Oregon, PO Box 2148, Salem, OR 97308
  • Telephone: (503) 378-4372

  • Rule Caption:
    In the Matter of Amending Division 38 Rules to Include New Utility-Owned Resources in Revenue Requirement at Cost and to Clarify Language.
  • Date:                         Time:                        Location:
  • 6-2-11                     9:30 a.m.                PUC Main Hearing Rm., 1st Floor
                                                                               550 Capitol St. NE
                                                                               Salem, OR 97301
  • Hearing Officer: Michael Grant
  • Stat. Auth.: ORS 183, 756.040, & 757.600–757.667
  • Stats. Implemented: ORS 757.600–757.667
  • Proposed Amendments: 860-038-0080, 860-038-0480
  • Last Date for Comment: 6-2-11, 5 p.m.
  • Summary: As a result of the Commission’s investigation to re-examine and update resource planning acquisition policies (UM 1066), the Commission ordered that a rulemaking be opened to amend OAR 860-038-0080(1)(b) to require that new utility-owned resources be included in revenue requirement at cost. See Order No. 11-007. This rule amendment makes the change ordered by the Commission and will eliminate the need for utilities to file waiver requests and for the Commission to process the waiver requests.
  •       Also, OAR 860-038-0480(12) requires an amendment to clarify that self-directing customer credits are applied to specific accounts.
  •       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 550 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://apps.puc.state.or.us/edockets/center.htm. Interested persons may review all filings online at http://apps.puc.state.or.us/
    edockets/docket.asp?DocketID=16725.
  •       Participants wishing to monitor the hearing by telephone (listen only) must contact Diane Davis at diane.davis@state.or.us or (503) 378-4372 by close of business May 31, 2011, to request a dial-in number. To present oral comment at the hearing, participants must attend in person.
  • Rules Coordinator: Diane Davis
  • Address: Public Utility Commission of Oregon, PO Box 2148, Salem, OR 97308
  • Telephone: (503) 378-4372

Secretary of State,
Elections Division
Chapter 165

  • Rule Caption: Amending Rules Involving Contested Case Hearings.
  • Stat. Auth.: ORS 246.150
  • Stats. Implemented: ORS 260.232 & 260.995
  • Proposed Amendments: 165-001-0015, 165-001-0050
  • Last Date for Comment: 5-24-11
  • Summary: OAR 165-001-0015 is proposed for amendment to remove reference to a political committee being represented by any individual identified as the candidate, treasurer, alternate transaction filer, person designated as the correspondence recipient or director in the most recent statement of organization filed with the filing officer in contested case hearings.
  •       OAR 165-001-0050 is proposed for amendment to clarify and make uniform the rule language.
  • Rules Coordinator: Brenda Bayes
  • Address: Secretary of State, Elections Division, 255 Capitol St. NE, Suite 501, Salem, OR 97310
  • Telephone: (503) 986-1518

  • Rule Caption:
    Updating NVRA Agency Designations and Compiling and Reporting Requirements.
  • Stat. Auth.: ORS 246.150 & 247.208
  • Stats. Implemented: ORS 247.208
  • Proposed Amendments: 165-005-0055, 165-005-0065
  • Last Date for Comment: 5-24-11
  • Summary: These rules are proposed for amendment to update the designated NVRA agencies to their correct names, and to provide clarification to how counties must track voter registration cards for reporting purposes.
  • Rules Coordinator: Brenda Bayes
  • Address: Secretary of State, Elections Division, 255 Capitol St. NE, Suite 501, Salem, OR 97310
  • Telephone: (503) 986-1518

  • Rule Caption:
    Amendment of the 2010 Campaign Finance Manual.
  • Stat. Auth.: ORS 246.120, 246.150, 260.156 & 260.200
  • Stats. Implemented: ORS 260.005, 260.007, 260.035, 260.037, 260.038, 260.039, 260.41, 260.042, 260.043, 260.044, 260.045, 260.046, 260.049, 260.054, 260.055, 260.056, 260.057, 260.076, 260.078, 260.083, 260.085, 260.102, 260.112, 260.118, 260.156 & 260.232
  • Proposed Amendments: 165-012-0005
  • Last Date for Comment: 5-24-1
  • Summary: This proposed amendment revises the 2010 Campaign Finance Manual by updating the maximum penalty assessed for late filings of contributions received during a legislative session.
  • Rules Coordinator: Brenda Bayes
  • Address: Secretary of State, Elections Division, 255 Capitol St. NE, Suite 501, Salem, OR 97310
  • Telephone: (503) 986-1518

  • Rule Caption:
    Updating the Statistical Sampling Procedures for State and Local Initiative, Referendum and Recall Petitions.
  • Stat. Auth.: ORS 246150, 250.105, 250.215, 250.315 & 255.175
  • Stats. Implemented: ORS 250.105, 250.215, 250.315, 255.175 & 260.567
  • Proposed Amendments: 165-014-0030, 165-014-0110, 165-014-0275
  • Proposed Repeals: 165-014-0032
  • Last Date for Comment: 5-24-11
  • Summary: OAR 165-014-0030 and 165-014-0110 are proposed for amendment to modify the criteria for which the Secretary of State’s staff or local elections officials will remove cover and signature sheets prior to signature verification. Technical updates are proposed to the rule to incorporate the procedures from OAR 165-014-0032 into OAR 165-014-0030 as well as clarification to the appendices which contain the sampling formulas for state and local petitions.
  •       OAR 165-014-0032 is proposed for repeal because the procedures contained within the rules are proposed for incorporation to OAR 165-014-0030 to streamline the state initiative signature verification process.
  •       OAR 165-014-0275 is proposed for amendment to update specific standards that an Elections Official will review a petition sheet for to determine if there has been a violation of ORS 260.567.
  • Rules Coordinator: Brenda Bayes
  • Address: Secretary of State, Elections Division, 255 Capitol St. NE, Suite 501, Salem, OR 97310
  • Telephone: (503) 986-1518

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

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

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