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Oregon Bulletin

May 1, 2014

 

NOTICES OF PROPOSED RULEMAKING AND
PROPOSED RULEMAKING HEARINGS

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

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

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

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

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


Board of Architect Examiners, Chapter 806

Rule Caption: Inactive Status and Reinstatement

Date:   Time:   Location:

5-21-14    9:30 a.m.   205 Liberty St. NE, Suite A      Salem OR 97301

Hearing Officer: James Denno

Stat. Auth.: ORS 671.125

Stats. Implemented: ORS 671.125

Proposed Amendments: 806-010-0060

Last Date for Comment: 5-21-14, 4:30 p.m.

Summary: Revises rules for Inactive Status and Reinstatement or architect registration to clarify requirements.

Rules Coordinator: Jim Denno

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

Telephone: (503) 763-0662


Board of Chiropractic Examiners, Chapter 811

Rule Caption: Draft 4 Proposed amendments to clarify minimum requirements for clinical record keeping and documentation

Date:   Time:   Location:

5-22-14    2 p.m.   University of Western States      Hampton Hall      2900 NE 132nd Ave.      Portland, OR 97230

Hearing Officer: Daniel Cote, Board Chair

Stat. Auth.: ORS 684

Stats. Implemented: ORS 684.155(1)(b), 684.150 & 684.100(1)(f)(A)

Proposed Amendments: 811-015-0005

Last Date for Comment: 5-22-14, 2 p.m.

Summary: Draft 4 Proposed amendments to clarify minimum requirements for clinical record keeping and documentation

Rules Coordinator: Kelly J. Beringer

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

Telephone: (503) 373-1573


Rule Caption: OAR 811-010-0110 Proposed amendments to clarify chiropractic assistant scope of practice (taking vitals).

Date:   Time:   Location:

5-22-14    2 p.m.   Univ. of Western States       Hampton Hall      2900 NE 132nd Ave.      Portland, OR 97230

Hearing Officer: Daniel Cote DC, Board Chair

Stat. Auth.: ORS 684

Stats. Implemented: ORS 684.150; 684.155(1)(b)

Proposed Amendments: 811-010-0110

Last Date for Comment: 5-22-14, 5 p.m.

Summary: OAR 811-010-0110 — Proposed amendments to clarify chiropractic assistant scope of practice (taking vitals).

Rules Coordinator: Kelly J. Beringer

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

Telephone: (503) 373-1573


Rule Caption: Court of Appeals determined dry needling is not within chiropractic scope; 811-015-0036 is invalid.

Stat. Auth.: ORS 684

Other Auth.: Court of Appeals Opinion 260 Or App 676 (2014)

Stats. Implemented: ORS 684.150, 684.155

Proposed Repeals: 811-015-0036

Last Date for Comment: 5-22-14, 2 p.m.

Summary: The Board of Chiropractic adopted the rule in June 2011 allowing doctors of chiropractic - once certified by the OBCE - to practice dry needling; the Oregon Court of Appeals found dry needling outside the chiropractic scope and determined the rule invalid in January 2014.

Rules Coordinator: Kelly J. Beringer

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

Telephone: (503) 373-1573


Board of Massage Therapists, Chapter 334

Rule Caption: Clarify verbiage in existing rule; and modify late fees.

Date:   Time:   Location:

5-15-14    9 a.m.   748 Hawthorne Ave. NE      Salem, OR 97301

Hearing Officer: Kate Coffey

Stat. Auth.: ORS 687.001, 687.041, 687.051, 687.121 & 687.071

Other Auth.: ORS 183 & 182.456–182.472

Stats. Implemented: ORS 687.011, 687.121, 687.031, 687.041, 687.051 & 687.071

Proposed Amendments: 334-010-0018, 334-001-0060, 334-010-0015, 334-010-0017, 334-010-0033

Last Date for Comment: 5-15-14, Close of Business

Summary: Amend maximum amount for late fees; clarify definitions and modify lapsed and inactive license renewal requirements.

Rules Coordinator: Ekaette Udosenata

Address: Board of Massage Therapists, 748 Hawthorne Ave. NE, Salem, OR 97301

Telephone: (503) 365-8657


Board of Parole and Post-Prison Supervision, Chapter 255

Rule Caption: These revisions provide clarification to the current rules and Board practices.

Stat. Auth.: ORS 144.335

Stats. Implemented: ORS 144.335

Proposed Amendments: 255-080-0008, 255-080-0011

Last Date for Comment: 5-27-14, 9:30 a.m.

Summary: This revision makes an important clarification to the rules governing administrative review of Board decisions. Those seeking review should know the limitations on filing, and what the Board will do with incoming requests. The change will give fair notice to those seeking review, and will lead to more consistent responses from the Board.

Rules Coordinator: Shawna Harnden

Address: Board of Parole and Post-Prison Supervision, 2575 Center St. NE, Salem, OR 97301

Telephone: (503) 945-0914


Board of Pharmacy, Chapter 855

Rule Caption: Amends rules in Division 19 and 80 relating to FPGEC and Schedule I Controlled Substances

Date:   Time:   Location:

5-22-14    9:30 a.m.   800 NE Oregon St.       Conference Rm. 1A      Portland, OR 97232

Hearing Officer: Courtney Wilson

Stat. Auth.: ORS 689.205

Stats. Implemented: ORS 475.035, 475.059, 475.065, 689.151, 689.255

Proposed Amendments: 855-019-0150, 855-080-0021

Last Date for Comment: 5-22-14, 4:30 p.m.

Summary: Foreign Pharmacy Graduate rules are amended to remove the minimum score requirements for the Test of English as a Foreign Language (TOEFL) and Internet Based Test (iBT). These amendments require Foreign Pharmacy Graduates applying for licensure in Oregon to provide the original Foreign Pharmacy Graduate Equivalency Committee (FPGEC) Certificate issued by the National Association of Boards of Pharmacy, Foreign Pharmacy Examination Committee. Note: TOEFL and iBT are required for FPGEC Certification.

   This filing reestablishes as Schedule I items, gamma-butyrolactone and other cannabinoid receptor agonists that are not listed in OARs 855-080-0022 through 0026 (Schedule II through V) or that are not an FDA approved drug. In addition certain exceptions are reestablished as well as Schedule I compounds in structural classes 2a-2k.

Rules Coordinator: Karen MacLean

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

Telephone: (971) 673-0001


Department of Agriculture, Chapter 603

Rule Caption: Harmonizes Malheur County Bean Control Area with Idaho’s and adds requirements for non-Phaseolus beans.

Date:   Time:   Location:

5-20-14    9 a.m.   ODA, Ontario Office      309 NE Third Ave.      Ontario, OR

Hearing Officer: Paul Blom

Stat. Auth.: ORS 561 & 570

Stats. Implemented: ORS 561.190, 561.510–561.600, 570.305, 570.405 & 570.410–570.415

Proposed Amendments: 603-052-0385

Last Date for Comment: 5-21-14, 5 p.m.

Summary: The proposed amendments to OAR 603-052-0385 would harmonize the regulatory language in Oregon’s Malheur County Bean Control Area with Idaho’s IDAPA 02.06.06 for trial ground plantings, mitigation of regulated diseases, and scientific names of the regulated diseases. The proposed amendments also add requirements for inspection of non-Phaseolus beans grown in Malheur County and for mitigation of infected non-Phaseolus beans should a regulated disease be found. Two microorganisms that infect Phaseolus and non-Phaseolus beans have been added to the list of regulated diseases. Finally, the proposed amendments add the ability to obtain a Special Permit to allow for movement of regulated commodities intra- and interstate not otherwise eligible for movement under the Control Area and add a requirement for biennial review of the rule.

Rules Coordinator: Sue Gooch

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

Telephone: (503) 986-4583


Department of Community Colleges and Workforce Development, Chapter 589

Rule Caption: Amend General Education Development (GED) policies and fees to reflect the new GED test series

Date:   Time:   Location:

5-28-14    9 a.m.   CCWD, Conf. Rm. 2      Public Service Bldg.      255 Capitol St. NE      Salem OR 97301

Hearing Officer: Linda Hutchins

Stat. Auth.: ORS 326.051 & 351.768

Stats. Implemented: ORS 326.550 & 341.425

Proposed Amendments: 589-007-0400, 589-007-0500

Last Date for Comment: 5-28-14, Close of Business

Summary: The current rules are written to support the 2002 GED test series, which no longer exist. It is necessary to make changes to the current rules to reflect the new 2014 GED test series. As of January 2, 2014, GED Testing Service (GEDTS) launched the new 2014 GED test series that assesses the knowledge and skills needed for the workplace and for higher education. The new 2014 test series is made up of four subtests, offered as computer based only, and has a new test fee. Additional changes that have occurred with the new test series affect state administration. The State will no longer provide administrative oversight of GED examiners; this will be done locally by the hiring entities. Further, potential new test centers will now only need to apply to GEDTS as opposed to applying to both GEDTS and the State. Lastly, GED records are now housed online through a third party vendor for easy access by GED candidates and companies wanting to verify GED credentials. The amendment of current rules will support the new GED test series and the new fee structure.

Rules Coordinator: Linda Hutchins

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

Telephone: (503) 947-2456


Rule Caption: Eliminate the adverse impact process for new publicly funded postsecondary programs

Date:   Time:   Location:

5-28-14    9 a.m.   CCWD      3rd Flr. Public Service Bldg.      255 Capitol St. NE      Salem, OR 97301

Hearing Officer: Linda Hutchins

Stat. Auth.: ORS 326.051

Stats. Implemented: ORS 341.425, 341.465

Proposed Amendments: 589-006-0050, 589-006-0100, 589-006-0150, 589-006-0200, 589-006-0300, 589-006-0350, 589-006-0400

Last Date for Comment: 5-28-14, Close of Business

Summary: HB 3079 and HB 3341 eliminate the adverse impact process for new publicly funded postsecondary programs and locations. This rule amendment helps community colleges develop and deliver new programs without having to go through a time consuming and rigorous process of consulting with other public and private colleges. Changes to the Community College Course Approval section will impact OAR 589-006-0050, and OAR 589-006-0150. Housekeeping to correct grammar, punctuation and definitions have been applied throughout Division 6, Chapter 589.

Rules Coordinator: Linda Hutchins

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

Telephone: (503) 947-2456


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

Rule Caption: Establishing Procedures, Fee and Application for Pharmacy Benefit Managers’ Registration and Renewal

Date:   Time:   Location:

5-27-14    1:30 p.m.   Labor & Industries Bldg., CR E      350 Winter St. NE      Salem, OR

Hearing Officer: Jeannette Holman

Stat. Auth.: ORS 731.244 & 735.532

Other Auth.: ORS 735.530–735.552

Stats. Implemented: ORS 735.530–735.552

Proposed Adoptions: 836-200-0400, 836-200-0405, 836-200-0410, 836-200-0415, 836-200-0420

Last Date for Comment: 5-30-14, Close of Business

Summary: These proposed are necessary to implement new registration requirements imposed on pharmacy benefit managers that result from legislation passed by the 2013 Legislative Assembly. Beginning January 1, 2014, individuals or business entities that contract with pharmacies on behalf of an insurer, a third-party administrator or the Oregon Prescription Drug Program (established in ORS 414.312) to process claims, pay pharmacies or negotiate rebates for prescription drugs or medical supplies, must register annually with the Department of Consumer and Business Services. These permanent rules replace temporary rules that established the initial procedures for registration and renewal of registration necessary to allow pharmacy benefit managers to comply with the requirements of the new law.

Rules Coordinator: Victor Garcia

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

Telephone: (503) 947-7260


Rule Caption: Actions by Director for Restitution or Other Equitable Relief

Date:   Time:   Location:

5-22-14    10 a.m.   Labor & Industries Bldg.       Conference Rm. E      350 Winter St. NE      Salem OR

Hearing Officer: Jeannette Holman

Stat. Auth.: ORS 731.244

Stats. Implemented: ORS 731.256

Proposed Adoptions: 836-007-0001

Last Date for Comment: 5-30-14, Close of Business

Summary: These rules clarify when and how the director may exercise the discretionary authority to seek restitution or other equitable relief on a consumer’s behalf who has suffered damages as a result of an insurer’s violation of the Insurance Code or applicable federal law or the insurer’s breach of an insurance contract or policy that the insurer has with the consumer.

   These rules will apply on and after the effective date of the rules. The department adopted temporary rules effective January 1, 2014 and these permanent rules propose to replace the temporary rules with only a minor change to the definition of “actual damages” to remove the term “monetary” from the definition.

Rules Coordinator: Victor Garcia

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

Telephone: (503) 947-7260


Department of Consumer and Business Services, Oregon Occupational Safety and Health Division, Chapter 437

Rule Caption: Adopt Hazard Communication updates to Division 4, Agriculture.

Date:   Time:   Location:

6-13-14    11 a.m.   Pine Grove Grange      2900 Van Horn Dr.      Hood River, OR 97031

6-18-14   10 a.m.   Linn County Old Armory Bldg.       Main Floor, Miller Rm. B      104 4th Avenue SW      Albany, OR 97321

Hearing Officer: Sue Joye

Stat. Auth.: ORS 654.025(2), 656.726(4)

Stats. Implemented: ORS 654.001–654.295

Proposed Amendments: 437-004-0100, 437-004-0150, 437-004-0720, 437-004-0725, 437-004-0950, 437-004-1430, 437-004-1440, 437-004-1450, 437-004-1460, 437-004-1470, 437-004-1680, 437-004-9800, 437-004-9850

Last Date for Comment: 6-30-14, Close of Business

Summary: This proposed rulemaking will improve safety and simplify compliance for agricultural workplaces by focusing on the rule requirements that pertain to users of hazardous chemicals (as opposed to those for manufacturers, importers, and distributors) and by incorporating the definitions and terminology from the globally harmonized system of chemical classification and labeling (GHS) into Oregon OSHA’s Division 4, Agriculture, OAR 437-004-9800 Hazard Communication Standard (HCS) for agricultural employers. Revisions to the Division 4 HCS will establish a uniform “downstream flow of information” about chemical hazards in all the Oregon OSHA rules.

   Several related rules, including the Division 4 “universal” definitions, and standards for flammable liquids, fire prevention, pipe labeling, and the storage of hazardous chemicals, are also being revised to simplify and clarify rule requirements and to be consistent with the GHS-modified HCS.

   Please visit our website: www.orosha.org

   Click ‘Rules’ in the left vertical column and view our proposed, adopted, and final rules.

Rules Coordinator: Sue C. Joye

Address: Department of Consumer and Business Services, Oregon Occupational Safety and Health Division, 350 Winter St. NE , Salem, OR 97301-3882

Telephone: (503) 947-7449


Department of Consumer and Business Services, Workers’ Compensation Board, Chapter 438

Rule Caption: Provide for filing/service of any other thing Board makes available for filing by website portal.

Date:   Time:   Location:

5-30-14    10 a.m.   2601 25th St. SE, Suite 150      Salem, OR 97302-1280

Hearing Officer: Debra L. Young

Stat. Auth.: ORS 656.726(5)

Stats. Implemented: ORS 656.726(5)

Proposed Amendments: 438-005-0046

Last Date for Comment: 5-30-14, 5 p.m.

Summary: As part of its comprehensive review of OAR Chapter 438 rules, the Board invited public comment, which ultimately resulted in the appointment of an Advisory Committee on Technology. After other recommendations, the Technology Committee suggested that the Board make it a priority in the future to provide for electronic filing of settlement documents. After considering this suggestion, the Board proposes to amend OAR 438-005-0046(1) and (2) to provide for website portal filing/service of “any other thing” that it makes available for filing by website portal. The Board proposes such an approach to permit website portal filing/service of additional things as the website portal system is expanded in the future, without the need to amend OAR 438-005-0046(1), (2) to explicitly list each new thing added to the website portal.

Rules Coordinator: Karen Burton

Address: Department of Consumer and Business Services, Workers’ Compensation Board, 2601 25th St. SE, Suite 150, Salem, OR 97302

Telephone: (503) 934-0123


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

Rule Caption: Amendment of rules governing electronic data interchange for reporting medical bill data

Date:   Time:   Location:

5-22-14    9 a.m.   Labor & Industries Bldg., Rm. B      350 Winter St. NE      Salem, OR

Hearing Officer: Fred Bruyns

Stat. Auth.: ORS 656.726(4)

Stats. Implemented: ORS 656.264

Proposed Amendments: Rulew in 436-160, 436-160-0004, 436-160-0410

Last Date for Comment: 5-27-14, Close of Business

Summary: The agency proposes to amend OAR 436-160, Electronic Data Interchange (EDI); Medical Bill Data:

   To adopt, by reference, the updated IAIABC EDI Implementation Guide for Medical Bill Payment Records, Release 2.0, dated Feb 1, 2014 (to supersede the Guide, also Release 2.0, dated 2/1/2013);

   To make technical corrections, including:

   Deletion of DN0586, RENDERING LINE PROVIDER FEIN, from Appendix “A”; this data element does not appear in the IAIABC v2.0 file, Medical Bill Data Reporting – Health Care Claim (ASC X12 837/005010) section;

   Correction of business and technical conditions in Appendix B, affecting DN0513, DN0514, DN0515, DN0592, DN0595, and DN0599;

   Amendment of DN0521 (H101-2 in the HI Segment - Non-Institutional Diagnosis Codes–Situational Segment) from mandatory (M) to mandatory conditional (MC);

   Amendment of DN0522 (HI02-2 through HI12-2 in the HI Segment–Institutional Bill Other Diagnosis - Situational Segment) from Applicable/Available (AR) to MC;

   Amendment of DN0544 (CAS05 through CAS08 in the Loop ID 2320 - Bill Level Adjustments and Amounts - Situational Loop) from AR to MC;

   Amendment of DN0557 (SV107-2 through SV107-4 in Loop ID 2400 - Service Line Information - Situational Loop) from AR to MC; amendment of two duplicate listings of DN0557 in Appendix B from SV107-1 to SV107-2 and -3, and addition of SV107-4;

   Amendment of DN0592 (NM109 in Loop ID 2420 - Rendering Line Provider Information - Situational Loop) from AR to MC; and

   Amendment of DN0647 (NM109 in Loop ID 2310B - Rendering Bill Provider Information - Situational Loop) from AR to MC.

Rules Coordinator: Fred Bruyns

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

Telephone: (503) 947-7717


Rule Caption: Repeal of requirement to use International Classification of Disease Tenth Revision (ICD-10) codes

Date:   Time:   Location:

5-22-14    9 a.m.   Labor & Industries Bldg., Rm. B      350 Winter St. NE      Salem, OR

Hearing Officer: Fred Bruyns

Stat. Auth.: ORS 656.252, 656.254, 656.726(4)

Stats. Implemented: ORS 656.252, 656.254

Proposed Amendments: Rules in 436-009, 436-009-0010, 436-009-0020

Last Date for Comment: 5-27-14, Close of Business

Summary: The agency proposes to repeal the requirement that medical providers use ICD-10 codes on billings for services delivered on or after Oct. 1, 2014.

Rules Coordinator: Fred Bruyns

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

Telephone: (503) 947-7717


Department of Energy, Chapter 330

Rule Caption: Establishes home energy performance score system criteria, approval process, reporting requirements and assessor training.

Date:   Time:   Location:

5-29-14    9 a.m.   625 Marion Street NE      Salem, OR 97301

Hearing Officer: Elizabeth Ross

Stat. Auth.: ORS 469.040, 469.703, 2013 OL Ch. 383 (HB 2801)

Stats. Implemented: ORS 469.703

Proposed Adoptions: 330-063-0015, 330-063-0025

Proposed Amendments: 330-063-0000, 330-063-0010, 330-063-0020, 330-063-0030, 330-063-0040

Last Date for Comment: 5-29-14, 5 p.m.

Summary: The draft rules implement Section 12 of House Bill 2801, passed by the 2013 Oregon Legislative Assembly, which required the Oregon Department of Energy to adopt by rule a home energy performance score system for use in Oregon, training requirements for home energy assessors certified by the Construction Contractors Board, and requirements, if any, for home energy assessors to report home energy performance score data to the department. The department proposes to implement these rules as amendments to existing Division 63 rules related to voluntary energy performance scores for residential and commercial buildings.

   In the draft rules, the existing rule language for energy performance scores for residential buildings is replaced with new residential-related rule language pursuant to HB 2801. The amendments include new language describing: required elements of home energy performance score systems, a process for home energy performance score systems to be reviewed by a technical panel and approved for use in Oregon by the department’s director, three home energy performance score systems that are grandfathered for use in Oregon until July 1, 2016, minimum training requirements for individuals seeking certification as home energy assessors by the Construction Contractors Board, and a requirement for home energy assessors to report home energy performance score data to the department unless the department is able to obtain the data through other means.

   Additionally, the existing rule language related to energy performance scores for commercial buildings is rearranged and updated in the draft rules in order to consolidate the commercial-related requirements into one rule section, clarify certain language, and use terminology consistent with the proposed new residential-related language.

   The draft rules will become effective July 1, 2014. Text of the proposed rules and hearing details can be found on the department website: http://www.oregon.gov/energy/pages/rulemaking-eps.aspx.

Rules Coordinator: Elizabeth Ross

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

Telephone: (503) 373-8534


Department of Fish and Wildlife, Chapter 635

Rule Caption: Amend rules related to the Coastal Multi-Species Conservation and Management Plan

Date:   Time:   Location:

6-5-14    8 a.m.   4034 Fairview Industrial Dr. SE      Salem, OR 97302

Hearing Officer: Oregon Fish and Wildlife Commission

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

Stats. Implemented: ORS 496.162, 506.109 & 506.129

Proposed Adoptions: Rules in 635-500

Proposed Amendments: Rules in 635-500

Proposed Repeals: Rules in 635-500

Last Date for Comment: 6-5-14, 8 a.m.

Summary: The rules relating to implementation of the Coastal Multi-Species Conservation and Management Plan may be adopted, amended, or repealed as determined necessary by the Oregon Fish and Wildlife Commission. Housekeeping and technical corrections to the regulations relating to hatcheries and harvest opportunities; predators; regulatory programs; water quality; and adaptive management may occur as determined necessary to ensure rule consistency.

   NOTE: Commission hearing dates for June are June 5 and 6, 2014, beginning at 8:00 a.m. Exhibits for the Fish Division are expected to be completed on June 5, 2014. However, should additional time be needed, the Commission reserves the right to carry over Fish Division exhibits on June 6, 2014.

Rules Coordinator: Therese Kucera

Address: Department of Fish and Wildlife, 4034 Fairview Industrial Dr. SE, Salem, OR 97302

Telephone: (503) 947-6033


Rule Caption: Amend Rules for Commercial Coastal Pelagic Species Fisheries

Date:   Time:   Location:

6-5-14    8 a.m.   4034 Fairview Industrial Dr. SE      Salem, OR 97302

Hearing Officer: Oregon Fish and Wildlife Commission

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

Stats. Implemented: ORS 496.162, 506.109 & 506.129

Proposed Adoptions: Rules in 635-004

Proposed Amendments: Rules in 635-004

Proposed Repeals: Rules in 635-004

Last Date for Comment: 6-5-14, 8 a.m.

Summary: Amendments to Oregon’s regulations for Coastal Pelagic Species fisheries will bring the State concurrent with federally adopted regulations. Coastal Pelagic Species include Pacific sardine, Pacific mackerel, market squid, jack mackerel, northern anchovy and krill. Modifications establish Pacific sardine and Pacific mackerel seasons and/or quotas for the period of July 1, 2014 to June 30, 2015. Housekeeping and technical corrections to the regulations may occur to ensure rule consistency.

   NOTE: Commission hearing dates for June are June 5 and 6, 2014, beginning at 8:00 a.m. Exhibits for the Fish Division are expected to be completed on June 5, 2014. However, should additional time be needed, the Commission reserves the right to carry over Fish Division exhibits on June 6, 2014.

Rules Coordinator: Therese Kucera

Address: Department of Fish and Wildlife, 4034 Fairview Industrial Dr. SE, Salem, OR 97302

Telephone: (503) 947-6033


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

Date:   Time:   Location:

6-5-14    8 a.m.   4034 Fairview Industrial Dr. SE      Salem, OR 97302

Hearing Officer: Oregon Fish and Wildlife Commission

Stat. Auth.: ORS 496.138, 496.146, 506.036, 506.119, 506.129 & 506.750 et Seq.

Other Auth.: Magnuson-Stevens Sustainable Fisheries Act.

Stats. Implemented: ORS 496.162, 506.036, 506.109, 506.129 & 506.750 et Seq.

Proposed Adoptions: Rules in 635-003, 635-013

Proposed Amendments: Rules in 635-003, 635-013

Proposed Repeals: Rules in 635-003, 635-013

Last Date for Comment: 6-5-14, 8 a.m.

Summary: Amend rules related to commercial and sport salmon fishing in the Pacific Ocean within Oregon state jurisdiction. Housekeeping and technical corrections to the regulations may occur to ensure rule consistency.

   NOTE: Commission hearing dates for June are June 5 and 6, 2014 beginning at 8:00 a.m. Exhibits for the Fish Division are expected to be completed on June 5, 2014. However, should additional time be needed, the Commission reserves the right to carry over Fish Division exhibits on June 6, 2014.

Rules Coordinator: Therese Kucera

Address: Department of Fish and Wildlife, 4034 Fairview Industrial Dr. SE, Salem, OR 97302

Telephone: (503) 947-6033


Rule Caption: Amend rules relating to Habitat Conservation Stamp Program

Date:   Time:   Location:

6-5-14    8 a.m.   4034 Fairview Industrial Dr. SE      Salem, OR 97302

6-6-14   8 a.m.   4034 Fairview Industrial Dr. SE      Salem, OR 97302

Hearing Officer: Oregon Fish and Wildlife Commission

Stat. Auth.: ORS 496.012, 496.138, 496.146, 496.303, 496.571 & 497.071

Stats. Implemented: ORS 496.012, 496.138, 496.146, 496.303, 496.571 & 497.071,

Proposed Amendments: Rules in 635-095, 635-008

Last Date for Comment: 6-5-14, 8 a.m.

Summary: Amend rules regarding the requirements for submission of artwork, amount paid to contest winner, parking permit and other program provisions.

   NOTE: Commission hearing dates for June are June 5 and 6, 2014 beginning at 8:00 a.m. Exhibits for the Wildlife Division are expected to be completed on June 5, 2014. However, should additional time be needed, the Commission reserves the right to carry over Wildlife Division exhibits on June 6, 2014

Rules Coordinator: Therese Kucera

Address: Department of Fish and Wildlife, 4034 Fairview Industrial Dr. SE, Salem, OR 97302

Telephone: (503) 947-6033


Rule Caption: Modify 2014–2016 Furbearer Trapping and Hunting Regulations

Date:   Time:   Location:

6-5-14    8 a.m.   4034 Fairview Industrial Dr. SE      Salem, OR 97302

6-6-14   8 a.m.   4034 Fairview Industrial Dr. SE      Salem, OR 97302

Hearing Officer: Oregon Fish and 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 635-008, 635-043, 635-045, 635-048, 635-050, 635-200

Last Date for Comment: 6-5-14, 8 a.m.

Summary: Amend rules regarding seasons and bag limits for the 2014-2015 and 2015-2016 furbearer harvest and pursuit seasons and general furbearer trapping and hunting regulations.

   NOTE: Commission hearing dates for June are June 5 and 6, 2014 beginning at 8:00 a.m. Exhibits for the Wildlife Division are expected to be completed on June 5, 2014. However, should additional time be needed, the Commission reserves the right to carry over Wildlife Division exhibits on June 6, 2014

Rules Coordinator: Therese Kucera

Address: Department of Fish and Wildlife, 4034 Fairview Industrial Dr. SE, Salem, OR 97302

Telephone: (503) 947-6033


Rule Caption: 2015 changes to game mammal hunting regulations; 2014 controlled hunt tag numbers and location access

Date:   Time:   Location:

6-5-14    8 a.m.   4034 Fairview Industrial Dr. SE      Salem, OR 97302

6-6-14   8 a.m.   4034 Fairview Industrial Dr. SE      Salem, OR 97302

Hearing Officer: Oregon Fish and 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, 635-008, 635-043, 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: 6-5-14, 8 a.m.

Summary: Establish 2014 controlled hunt tag numbers and /or season regulations for the hunting of pronghorn antelope, bighorn sheep, Rocky Mountain goat, deer and elk.

   Propose 2015 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 2015 cougar seasons and spring bear limited, first-come first-serve and controlled hunt tag numbers for 2015. These proposals will be presented in principle to the Oregon Fish and Wildlife Commission in June 2014 and again for adoption in October 2014.

   Establish access for certain Fish and Wildlife oriented public use locations.

   NOTE: Commission hearing dates for June are June 5 and 6, 2014 beginning at 8:00 a.m. Exhibits for the Wildlife Division are expected to be completed on June 5, 2014. However, should additional time be needed, the Commission reserves the right to carry over Wildlife Division exhibits on June 6, 2014.

Rules Coordinator: Therese Kucera

Address: Department of Fish and Wildlife, 4034 Fairview Industrial Dr. SE, Salem, OR 97302

Telephone: (503) 947-6033


Department of Human Services, Aging and People with Disabilities and Developmental Disabilities, Chapter 411

Rule Caption: Lay Representation in Contested Cases

Date:   Time:   Location:

5-19-14    3:30 p.m.   Human Services Bldg., Rm. 137C      500 Summer St. NE      Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 409.050

Stats. Implemented: ORS 183.452 & 409.010

Proposed Amendments: 411-001-0510

Last Date for Comment: 5-21-14, 5 p.m.

Summary: The Department of Human Services (Department) is proposing to amend OAR 411-001-0510 about lay representation in contested cases to comply with ORS 183.452 by improving its description of the current use of lay representatives by the Department as approved by the Oregon Department of Justice. The revised rule will indicate that it covers public assistance benefits, SNAP, intentional program violations, medical assistance, provider enrollment, provider overpayments, audits, and audit sanctions.

Rules Coordinator: Kimberly Colkitt-Hallman

Address: Department of Human Services, Aging and People with Disabilities and Developmental Disabilities, 500 Summer St. NE, E48, Salem, OR 97301

Telephone: (503) 945-6398


Rule Caption: K-State Plan

Date:   Time:   Location:

5-16-14    3:30 p.m.   Human Services Bldg., Rm. 160      500 Summer St. NE      Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 410.070

Other Auth.: 42 CFR 435.726

Stats. Implemented: ORS 409.050, 410.040, 410.090, 410.210–410.300 & 441.520

Proposed Adoptions: 411-035-0000 – 411-035-0095

Last Date for Comment: 5-21-14, 5 p.m.

Summary: The Department of Human Services is proposing to adopt new rules under 411-035-0000 to 411-035-0095 in regards to the Community First Choice Option (K-State Plan Option). The K-State Plan is a Medicaid State plan option under the Affordable Care Act that would bring additional revenue into the Department. The Department’s budget will receive an enhanced 6% federal match for home and community based services. These rules ensure individuals served through the K-State Plan are able to maximize independence, empowerment, and dignity.

Rules Coordinator: Kimberly Colkitt-Hallman

Address: Department of Human Services, Aging and People with Disabilities and Developmental Disabilities, 500 Summer St. NE, E48, Salem, OR 97301

Telephone: (503) 945-6398


Rule Caption: Medicaid Home Delivered Meals

Date:   Time:   Location:

5-19-14    9:30 a.m.   Human Resources Bldg., Rm. 160      500 Summer St. NE      Salem, OR

Hearing Officer: Staff

Stat. Auth.: ORS 410.070, 411.060 & 411.070

Stats. Implemented: ORS 410.070

Proposed Adoptions: 411-040-0010, 411-040-0020, 411-040-0030, 411-040-0035, 411-040-0036, 411-040-0037, 411-040-0040, 411-040-0050, 411-040-0060

Proposed Amendments: 411-040-0000

Last Date for Comment: 5-21-14, 5 p.m.

Summary: The Department of Human Services (Department) is proposing to update the rules in OAR 411-040 for Home Delivered Meals to: Include more detailed information around client eligibility and responsibilities, provider qualifications and responsibilities, meal requirements, service requirements, staff/volunteer requirements, provider payment, local office responsibility and oversight, and impact on client liability; and

   Incorporate pieces of the Older Americans Act Nutrition Standards.

Rules Coordinator: Kimberly Colkitt-Hallman

Address: Department of Human Services, Aging and People with Disabilities and Developmental Disabilities, 500 Summer St. NE, E48, Salem, OR 97301

Telephone: (503) 945-6398


Department of Human Services, Child Welfare Programs, Chapter 413

Rule Caption: Changing OARs affecting Child Welfare programs

Date:   Time:   Location:

5-21-14    8:30 a.m.   500 Summer St. NE, Rm. 257      Salem, OR 97301

Hearing Officer: Kris Skaro

Stat. Auth.: ORS 409.050, 418.005

Stats. Implemented: ORS 409.010, 418.005, 419B.192

Proposed Amendments: 413-010-0310, 413-070-0063, 413-070-0505, 413-070-0620, 413-070-0655, 413-070-0905, 413-120-0010, 413-120-0195, 413-120-0510, 413-120-0710

Last Date for Comment: 5-23-14, 5 p.m.

Summary: The Office of Child Welfare Programs proposes to change the definition of “relative” as it applies to the order in which the Department considers potential adoptive resources and substitute care resources for placement of children and young adults in its custody. The proposed changes are intended to clarify where in the order of preference fall birth relatives of children or parents who were adopted and prior foster parents of children who came back into care after having returned home. “Relative” is defined in ten rules in OAR chapter 413, all of which are proposed to be amended to adopt a consistent definition.

   In addition, the above rules may also be changed to reflect new Department terminology and to correct formatting and punctuation.

Rules Coordinator: Kris Skaro

Address: Department of Human Services, Child Welfare Programs, 500 Summer St. NE, E-48, Salem, OR 97301

Telephone: (503) 945-6067


Rule Caption: Changing OARs affecting Child Welfare programs

Date:   Time:   Location:

5-23-14    8:30 a.m.   500 Summer St. NE, Rm. 257      Salem, OR 97301

Hearing Officer: Kris Skaro

Stat. Auth.: ORS 409.050, 411.404, 418.005; Oregon Laws 2013, Chapter 14, Section 10 (HB 2089)

Other Auth.: Social Security Act section 1902(a)(10) (42 USC 1396a), 42 CFR 435.145, 42 CFR 435.150, 42 CFR 435.222

Stats. Implemented: ORS 409.010, 411.404, 418.005; Oregon Laws 2013, Chapter 365 (HB 2091)

Proposed Adoptions: 413-100-0432, 413-100-0435, 413-100-0451, 413-100-0457

Proposed Amendments: 413-100-0400, 413-100-0410, 413-100-0420, 413-100-0430, 413-100-0445, 413-100-0455, 413-100-0460, 413-100-0530

Proposed Repeals: 413-100-0440, 413-100-0450, 413-100-0470, 413-100-0480, 413-100-0490, 413-100-0500, 413-100-0510, 413-100-0520, 413-100-0540, 413-100-0550, 413-100-0560, 413-100-0600, 413-100-0610, 413-100-0400(T), 413-100-0410(T), 413-100-0420(T), 413-100-0430(T), 413-100-0435(T), 413-100-0445(T), 413-100-0455(T), 413-100-0457(T), 413-100-0460(T), 413-100-0530(T)

Last Date for Comment: 5-27-14, 5 p.m.

Summary: These rules about medical eligibility for Child Welfare children are being changed to permanently adopt, amend, and repeal temporary rule changes effective January 1, 2014 and February 4, 2014; to ensure compliance with federal standards, Oregon’s Medicaid State Plan, and Oregon’s 1115 Demonstration Waiver; and to clarify the rules. The Department applies these rules to determine eligibility for: medical assistance under Title XIX of the Social Security Act for children and young adults in substitute care or under an adoption assistance or guardianship assistance agreement; General Assistance medical for children and young adults not eligible for Title XIX Medicaid; the Former Foster Care Youth Medical Program; and children entering Oregon under an interstate compact agreement. In addition, the rules are rewritten and reorganized to increase clarity, and several rule titles are revised to more accurately reflect the content of the rules.

   Written comments may be submitted until May 27th, 2014 at 5:00 p.m. Written comments may be submitted via e-mail to Kris.A.Skaro@state.or.us, faxed to 503-373-7032, or mailed to Kris Skaro, Rules Coordinator, DHS - Child Welfare Programs, 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: Kris Skaro

Address: Department of Human Services, Child Welfare Programs, 500 Summer St. NE, E-48, Salem, OR 97301

Telephone: (503) 945-6067


Department of Human Services, Self-Sufficiency Programs, Chapter 461

Rule Caption: Changing OARs affecting public assistance, medical assistance, or Supplemental Nutrition Assistance Program clients

Date:   Time:   Location:

5-23-14    10:30 a.m.   500 Summer St. NE, Rm. 257      Salem, OR

Hearing Officer: Kris Skaro

Stat. Auth.: ORS 418.005, 411.060, 411.070, 411.402 & 411.404

Stats. Implemented: ORS 411.400, 411.402, 411.404, 414.025, 414.231 &414.706

Proposed Amendments: 461-101-0010, 461-115-0030, 461-115-0430, 461-120-0030, 461-120-0050, 461-120-0125, 461-120-0210, 461-120-0315, 461-120-0510, 461-135-0010, 461-135-0875, 461-135-0990, 461-155-0360

Proposed Repeals: 461-110-0340, 461-135-0150

Last Date for Comment: 5-27-14, 5 p.m.

Summary: The Department of Human Services proposes to remove references to “SAC” from OAR chapter 461. SAC refers to medical coverage for children in substitute or adoptive care. The remaining references to SAC in OAR chapter 461 are obsolete. Eligibility for coverage for out-of-state children placed in an Oregon facility is now primarily determined by the Oregon Health Authority’s Office of Client and Community Services (OCCS) for medical programs under rules moved from OAR chapter 461 to OCCS rules in OAR chapter 410 effective 10/1/13 (such as OAR 410-200-0015, 410-200-0405, 410-200-0510). Additional eligibility for medical coverage for Oregon children in substitute care and in the custody of the Department are set out in Child Welfare rules in OAR , Chapter 413-100-0410 to 413-100-0460.

   In addition, the above rules may also be changed to reflect new Department terminology and to correct formatting and punctuation.

Rules Coordinator: Kris Skaro

Address: Department of Human Services, Self-Sufficiency Programs, 500 Summer St. NE, E-48, Salem, OR 97301

Telephone: (503) 945-6067


Rule Caption: Changing OARs affecting public assistance, medical assistance, or Supplemental Nutrition Assistance Program clients

Date:   Time:   Location:

5-23-14    9:30 a.m.   500 Summer St. NE Rm. 257      Salem, OR 97301

Hearing Officer: Kris Skaro

Stat. Auth.: ORS 181.537, 409.010, 409.050, 410.075, 411.060, 411.070, 411.116, 411.404, 411.704, 411.706, 411.816, 412.006, 412.009, 412.014, 412.049, 412.064, 412.124, 413.042, 414.025, 414.042, 414.231, 414.712, 414.826, 414.831, 414.839, 416.340, 416.350, 2013 Or Laws 14 Section 10, 2013 Or Laws 722

Other Auth.: 42 USC 1396p, 42 U.S.C. 1396p(d)(4)(C), 42 U.S.C. 1396r-5(d)(3), 20 CFR 416.1123, 20 CFR 416.1202, 42 CFR 433.36, 45 CFR 98, Oregon State Plan Amendment Transmittal 13-21, approved January 3, 2014 by CMS, retroactive to October 1, 2013, Oregon Health Authority & Oregon Department of Human Services Interagency Agreement, Article V Paragraph D of June 15, 2011, State Medicaid Director Letter #14-001 issued by The Center for Medicare & Medicaid Services (http://www.medicaid.gov/Federal-Policy-Guidance/Downloads/SMD-14-001.pdf)

Stats. Implemented: ORS 93.969, 125.495, 181.537, 183.452, 409.010, 409.050, 409.610, 410.070, 410.075, 411.010, 411.060, 411.070, 411.081, 411.087, 411.116, 411.117, 411.121, 411.122, 411.135, 411.404, 411.620, 411.630, 411.704, 411.706, 411.708, 411.795, 411.816, 412.001, 412.006, 412.009, 412.014, 412.049, 412.064, 412.124, 414.025, 414.042, 414.231, 414.712, 414.826, 414.831, 414.839, 416.310, 416.340, 416.350, 657A.340, 2013 OL Ch. 14 Sec. 10 & 2013 OL Ch. 722, HB 4165 (2012)

Proposed Amendments: 461-001-0000, 461-025-0301, 461-110-0210, 461-110-0350, 461-110-0410, 461-110-0530, 461-115-0016, 461-115-0050, 461-115-0230, 461-120-0010, 461-135-0832, 461-135-0835, 461-140-0020, 461-140-0040, 461-145-0340, 461-145-0380, 461-145-0540, 461-160-0550, 461-160-0551, 461-160-0620, 461-165-0180, 461-170-0010, 461-180-0090, 461-190-0211

Proposed Repeals: 461-110-0350(T), 461-165-0180(T), 461-190-0211(T)

Last Date for Comment: 5-27-14, 5 p.m.

Summary: OAR 461-001-0000 about definitions for Chapter 461 is being amended to change the definition of “lodger” to support the proposed amendment to OAR 461-145-0340 which follows federal policy by including income from lodgers who pay only for the room, counting room rental income based on the number of rooms and other expenses, and by treating this income as unearned income. This rule is also being amended to change the definition of “Initial month” to clarify that for current long-term care clients (as distinct from new applicants), the initial month for purposes of determining the divisor should be the date the individual applied for long-term care rather than public assistance in Oregon in general.

   OAR 461-025-0301 about lay representation in contested case hearings is being amended to comply with ORS 183.452 by improving its description of the current use of lay representatives by the Department as approved by the Oregon Department of Justice. The revised rule will indicate that it covers public assistance services; medical benefits; SNAP terminations, reductions, suspensions and denials; intentional program violations; provider enrollment, provider overpayments, audits, and audit sanctions; and estate administration hardship waivers.

   OAR 461-110-0210 is being amended to expand the definition of who is considered in the household group by clarifying that a person who is absent by choice, including but not limited to caring for an emergent need of an individual related to an in illness, injury or death or anticipated to return within 90 days, is still considered part of the household group. This rule is also being amended to remove its reference to “SAC”, to medical coverage for children in substitute or adoptive care which is obsolete. Eligibility for coverage for out-of-state children placed in an Oregon facility is now primarily determined by the Oregon Health Authority’s Office of Client and Community Services (OCCS) for medical programs under rules that were moved from OAR chapter 461 to OCCS rules in OAR chapter 410 effective 10/1/13 (such as OAR 410-200-0015, 410-200-0405, 410-200-0510). Additional eligibility for medical coverage for Oregon children in substitute care and in the custody of the Department are set out in Child Welfare rules in OAR chapter 413-100-0410 to 413-100-0460.

   OAR 461-110-0350 about the filing group for the Employment Related Day Care (ERDC) program is being amended to make permanent a temporary rule change from January 8, 2014, aligning this rule with changes to OAR 461-001-0000 that revised the definition of “spouse”. The prior definition of “spouse” included exceptions for the ERDC program that were removed in order to align with other program rules and to clarify who must be considered as a “spouse”.

   OAR 461-110-0410 about filing groups is being amended to clarify how to determine filing groups in the OSIPM program. Filing groups consist of the individuals whose circumstances are considered in the eligibility determination process.

   OAR 461-110-0530 about financial groups is being amended to clarify how to determine financial groups in the OSIPM program. Generally, financial groups consist of the individuals whose income and resources the Department considers in determining eligibility.

   OAR 461-115-0016 about the application process and reservation list for the Employment Related Day Care (ERDC) program is being amended to make permanent a temporary rule change effective January 1, 2014, adding additional exemptions under which families would not be placed on the reservation list. Under this amendment; new ERDC applicants who have an open Child Welfare case or open CPS assessment will meet an exception to the ERDC reservation list, if the child care subsidy is part of a safety plan needed to prevent child removal, allow a child to return home, or allow for placement of the child with a relative or with an adult whom the child or the family of the child has an established relationship. The amendment to this rule will align with Oregon’s differential response and the federal guidelines for at risk children.

   OAR 461-115-0050 about when an application must be filed is being amended to indicate that the Department does not determine eligibility for the Oregon Supplemental Income Program Medical (OSIPM) or the Qualified Medicare Beneficiary (QMB) programs using the application that was used to determine eligibility for other Department programs the individual is currently receiving. The rule is also being amended to update terminology to clarify the scope of the rule.

   OAR 461-115-0230 about interviews is being amended to set out the Department’s policy that interviews are required in the OSIPM and QMB programs at application and redetermination.

   OAR 461-120-0010 about residency requirements is being amended to remove references to EXT (Extended Medical), HKC (Healthy Kids Connect), MAA (Medical Assistance Assumed), MAF (Medical Assistance to Families), OHP (Oregon Health Plan) and SAC (Substitute or Adoptive Care). The eligibility requirements for these programs are now under OAR 410-200, except that eligibility for medical coverage for children in substitute care and in the custody of the Department is also covered in OAR 413.

   OAR 461-135-0832 about definitions used in estate administration rules is being amended to add applicable statutory citations; add a definition of “Department” to clarify that it includes the Department of Human Services, the Oregon Health Authority, or both; replace the definition of “blind child” with “child with visual impairment”; replace the definition of “disabled child” with “child with disability”; add a definition of “domestic partner” that complies with ORS 106.310; change the definition of “estate” to identify assets that are subject to estate recovery claims for medical assistance only, and replaced reference to “assistance” with “medical assistance,” so as to implement proposed amendments to OAR 461-135-0835; remove the superfluous use of the word “surviving”; add definitions for “general assistance” and “medical assistance”; add a definition for “probate estate” to implement proposed amendments to OAR 461-135-0835 listing the types of assets that are subject to an estate recovery claim for non-medical assistance programs; and add definition for “Medicare cost sharing” to implement proposed amendments to OAR 461-135-0835.

   OAR 461-135-0835 regarding estate claims is being amended to implement a change to Oregon’s State Plan regarding estate recovery of Medicaid, a legislative change to estate recovery of the state’s monthly contribution for Medicare Part D prescription drug coverage, clarify estate recovery under each program subject to estate recovery, and include in the rule various existing policies regarding estate recovery. These amendments designate the Estate Administration Unit to administer estate recovery programs for the Oregon Health Authority and the Department of Human Services; implement a change in the Oregon State Plan limiting estate recovery of medical assistance benefits paid on or after October 1, 2103; clarify what is included in a claim for the several estate recovery programs mandated by statute; clarify when estate recovery claims are deferred or not enforced for the several estate recovery programs mandated by statute; clarify what assets or interest in assets of a deceased recipient are subject to estate recovery claims for the several estate recovery programs mandated by statute; implement a statutory change regarding estate recovery of the state’s monthly contribution to the federal government for Medicare Part D prescription coverage for individuals receiving Medicare and medical assistance; implement existing policy regarding recovery of overpayments from the estates of deceased recipients for medical assistance, GA, and OSIP; implement existing policy regarding recognition of same sex married couples and same sex registered domestic partners for estate recovery and the GA and OSIP programs, and implement existing policy regarding recognition of same sex married couples for estate recovery of medical assistance; implement existing policy regarding the set aside of transfers of assets for inadequate consideration by recipients; and implement existing policy regarding the maximum distribution from “special needs trusts”, and that distributions from the trusts are still payable if the deceased recipient is survived by a spouse, minor child, child with a disability or a child with a visual impairment.

   OAR 461-140-0020 about availability of resources is being amended to address how to treat non-liquid resources in the OSIPM and QMB medical programs, correcting an inadvertent error made during a previous amendment.

   OAR 461-140-0040 about availability of income is being amended to align with federal policy about disregarding a portion of certain income sources withheld to repay a previous overpayment of that same source of income, if double-counting will occur.

   OAR 461-145-0340 about lodger income is being amended to revise how lodger income is treated in the GA, GAM, OSIP, OSIPM, and QMB programs.

   OAR 461-145-0380 about pension and retirement plans is being amended to align with federal policy regarding the exclusion of pension and retirement plans owned by the non-applying spouse of individuals in standard living situations.

   OAR 461-145-0540 about trusts is being amended to add more requirements for certain pooled trusts to not be considered in determining eligibility for the OSIPM and QMB programs: the trust is to pay the state of Oregon upon any termination of the sub-trust and not only on the beneficiary’s death; the trustee is to be properly licensed in Oregon as a professional trustee; the non-profit association is to be properly registered as a non-profit entity in Oregon; the trust is to be properly registered with the Charitable Activities section of the Oregon Department of Justice; the master trust agreement is to identify the state of Oregon as a “qualified beneficiary”; the trust will make account records available to the Department; and any and all funds retained by the non-profit association must be retained in trust.

   OAR 461-160-0550 and 461-160-0551 about income deductions in the OSIP and OSIPM programs are being amended to clarify how to calculate adjusted income for married individuals. The proposed changes will clarify that a married applicant/recipient must be income-eligible as an individual, and that there is no need to proceed with further calculations if that is not the case.

   OAR 461-160-0620 about income deductions and liability for OSIPM clients in long-term care is being amended to reflect the federal changes in the amounts used when calculating the maintenance needs allowance and the dependent income allowance deducted from the income of an institutionalized spouse that are effective July 1, 2014.

   OAR 461-165-0180 (eligibility of child care providers) is being amended to increase child care provider standards, including making permanent temporary rule changes effective March 1 and April 1, 2014. This applies to providers that care for individuals receiving child care benefits through the Employment Related Day Care (ERDC) program or Temporary Assistance to Needy Families Jobs Opportunities and Basic Skills (TANF-JOBS) program. This amendment also indicates that halfway houses are not eligible locations for subsidized child care; modifies the scope and specifies the implementation of the new training requirements for care providers who are License Exempt or Registered Family Child Care Providers for individuals receiving child care benefits through the Employment Related Day Care (ERDC) program or Temporary Assistance to Needy Families Jobs Opportunities and Basic Skills (TANF-JOBS) program; and requires providers registered or licensed by the Child Care Division to complete and submit a new listing form every two years, or sooner at the request of the Department, so that the Department may review the provider’s eligibility.

   OAR 461-170-0010 about client reports concerning changes in circumstances is being amended to clarify that when multiple changes in circumstances are reported at the same time, all actions must be taken at the time of reporting and given the same effective date.

   OAR 461-180-0090 about effective dates for initial month medical benefits is being amended to remove an obsolete reference to Healthy KidsConnect (HKC) medical. Starting January 1, 2014, HKC clients were moved into the MAGI CHIP program.

   OAR 461-190-0211 about case plan activities and standards for support services is being amended to make permanent a temporary rule change effective March 5, 2014, allowing the department to issue support services to an individual who has become over-income for the Temporary Assistance for Needy Families (TANF) program due to earnings in a TANF/Job Opportunity and Basic Skills (JOBS) program on-the-job training activity. Under this rule amendment, the Department may issue support services to such individuals for no more than three months, unless circumstances unique to the situation are identified and warrant the Department to approve a limited number of additional months, and only while the individual continues to participate in the on-the-job training activity.

   In addition, the above rules may also be changed to reflect new Department terminology and to correct formatting and punctuation.

Rules Coordinator: Kris Skaro

Address: Department of Human Services, Self-Sufficiency Programs, 500 Summer St. NE, E-48, Salem, OR 97301

Telephone: (503) 945-6067


Department of Justice, Chapter 137

Rule Caption: Child support calculations; spousal only closure; lay representatives; modifications; multiple case distribution

Stat. Auth.: ORS 25.020, 25.270-25.290, 180.345, 416.455

Stats. Implemented: ORS 18.645, 25.020, 25.080, 25.270–25.290, 25.321-25.343, 25.381, 25.387, 25.414, 25.610, 107.135, 180.452, 416.425

Proposed Amendments: 137-050-0710, 137-050-0735, 137-050-0740, 137-050-0745, 137-050-0755, 137-055-2045, 137-055-2170, 137-055-3240, 137-055-6024

Proposed Repeals: 137-055-2170(T), 137-055-3420(T)

Last Date for Comment: 5-14-14, 5 p.m.

Summary: Unexpired temporary rules OAR 137-055-2170 and 137-055-3420 are being repealed and replaced with permanent rule making.

   OAR 137-050-0710 is being amended to reflect the changes pursuant to proposed 137-050-0740 and 137-050-0755.

   OAR 137-050-0735 is being amended to update the maximum allowable child care costs for 2014 as provided in 461-155-0150.

   OAR 137-050-0740 is being amended to emphasize the dollar for dollar reduction in support for Social Security or Veterans Benefits.

   OAR 137-050-0745 is being amended to update the self-support reserve from $1,117 to $1,135 based on change in the federal poverty guideline.

   OAR 137-050-0755 is being amended to clarify mathematically how the minimum order rule is applied.

   OAR 137-055-2045 is being amended to clarify when a spousal only case may be closed.

   OAR 137-055-2170 is being amended to include every potential type of hearing at which a case manager might appear and to define roles and responsibilities of lay representatives.

   OAR 137-055-3420 is being amended to clarify that a child support order is not in substantial compliance with the guidelines if it has been more than 35 months since the order took effect.

   OAR 137-055-6024 is being amended to clarify distribution of certain payments when an obligor has multiple cases.

   Please submit written comments by 5:00 p.m. Wednesday, May 14th, 2014, to Lori Woltring, Policy Analyst, Division of Child Support, 1162 Court St NE Salem, Oregon 97301. Questions may be directed to that address or you may call (503) 947-4367

Rules Coordinator: Carol Riches

Address: Department of Justice, 1162 Court St. NE, Salem, OR 97301

Telephone: (503) 947-4700


Department of Oregon State Police, Office of State Fire Marshal, Chapter 837

Rule Caption: Update code editions, clarification of language, and housekeeping changes.

Stat. Auth.: ORS 476, 480

Stats. Implemented: ORS 480.111–480.165

Proposed Amendments: 837-012-0305, 837-012-0310, 837-012-0315, 837-012-0320, 837-012-0325, 837-012-0330, 837-012-0350, 837-012-0360, 837-012-0500, 837-012-0505, 837-012-0510, 837-012-0515, 837-012-0520, 837-012-0525, 837-012-0530, 837-012-0535, 837-012-0540, 837-012-0545, 837-012-0550, 837-012-0555, 837-012-0560, 837-012-0565, 837-012-0610, 837-012-0615, 837-012-0620, 837-012-0625, 837-012-0630, 837-012-0635, 837-012-0640, 837-012-0645, 837-012-0650, 837-012-0655, 837-012-0660, 837-012-0665, 837-012-0670, 837-012-0675, 837-012-0700, 837-012-0720, 837-012-0730, 837-012-0740, 837-012-0750, 837-012-0760, 837-012-0770, 837-012-0780, 837-012-0790, 837-012-0800, 837-012-0810, 837-012-0820, 837-012-0830, 837-012-0835, 837-012-0840, 837-012-0850, 837-012-0855, 837-012-0860, 837-012-0865, 837-012-0870, 837-012-0875, 837-012-0880, 837-012-0890, 837-012-0900, 837-012-0910, 837-012-0920, 837-012-0940, 837-012-0950, 837-012-0960, 837-012-0970, 837-012-1000, 837-012-1010, 837-012-1020, 837-012-1030, 837-012-1040, 837-012-1050, 837-012-1060, 837-012-1070, 837-012-1080, 837-012-1090, 837-012-1100, 837-012-1110, 837-012-1120, 837-012-1130, 837-012-1140, 837-012-1150, 837-012-1160

Proposed Repeals: 837-012-0930

Last Date for Comment: 5-28-14, 5 p.m.

Summary: These rules are being changed to update the adopted fire codes and standards editions, clarify existing language, and formatting updates.

Rules Coordinator: Valerie Abrahamson

Address: Department of Oregon State Police, Office of State Fire Marshal, 4760 Portland Rd. NE, Salem, OR 97305-1760

Telephone: (503) 934-8211


Department of State Lands, Chapter 141

Rule Caption: Amend existing special use rules to include geothermal resources installations.

Date:   Time:   Location:

5-20-14    5 p.m.   DSL Eastern Region Office      1645 NE Forbes Rd., Suite 112      Bend, Oregon 97701

Hearing Officer: Christopher Castelli or Shawn Zumwalt

Stat. Auth.: ORS 183 regarding administrative procedures & rules of state agencies; ORS 273 regarding the creation & general powers of the Land Board; ORS 274 regarding submerged & submersible land.

Other Auth.: Oregon Constitution, Article VIII, Section 5

Stats. Implemented: ORS 273 & 274

Proposed Amendments: 141-125-0100 – 141-125-0220

Proposed Repeals: 141-075-0010 – 141-075-0575

Last Date for Comment: 6-13-14, 5 p.m.

Summary: With the recent renewed interest in Oregon’s geothermal resources, several companies wanting to explore for and develop geothermal resources on state-owned land have contacted the Department.

   In reviewing the geothermal rules, both the Department and applicants have found them to be difficult to understand and unduly complicated. Additionally, many of the terms and conditions provided in the rules are inconsistent with those currently used by the Department in other leasing programs.

   On June 8, 2010, the State Land Board authorized the Department to initiate rulemaking to amend the administrative rules governing the exploration for and development of geothermal resources. These rules have not been amended since their adoption by the Land Board on October 11, 1974.

   During the initial phase of rulemaking, staff made the recommendation to incorporate geothermal resources into the Department’s Special Use Rules (Division 125) rather than updating the existing geothermal rules. These rules already govern the exploration for and development of other types of renewable energy, including wind turbines and wind farms, solar energy installations and biomass generating facilities. The administrative procedures and policies are current in Division 125 (these rules were last amended in 2008). As stated above, the geothermal rules were last revised in 1974, and will require a major re-write in order to be consistent with the Department’s current administrative policies and procedures. It is expected that the Department will save money and staff time by incorporating geothermal resources into Division 125.

   Upon completion of the rulemaking effort, the Department will repeal the administrative rules governing the exploration for and development of geothermal resources (OAR 141-075-0010 through 141-075-0575). The content of these rules will be added to the special use rules to include the exploration for and development of geothermal resources (OAR 141-125).

Rules Coordinator: Tiana Teeters

Address: Department of State Lands, 775 Summer St. NE, Suite 100, Salem, OR 97301

Telephone: (503) 986-5239


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

Rule Caption: Implements 2013 Legislation Relating to Odometer Readings

Stat. Auth.: ORS 184.616, 184.619, 802.010, 802.200, 803.102, 803.120 & 2013 OL Ch. 659

Stats. Implemented: ORS 803.102, 803.120 & 2013 OL Ch. 659

Proposed Adoptions: 735-028-0005

Proposed Amendments: 735-028-0000, 735-028-0040

Proposed Repeals: 735-028-0000(T), 735-028-0005(T), 735-028-0040(T)

Last Date for Comment: 5-21-14, Close of Business

Summary: Federal and state laws require a person transferring interest in a vehicle that is newer than 10 years to disclose the vehicle’s mileage to the transferee at the time of the transfer. Vehicles 10 years old or older are exempt from this requirement.

   Chapter 659, Oregon Laws 2013 amended ORS 803.200, ORS 803.102 and 803.120 to require DMV to:

   1. Prescribe the manner and form in which a person may voluntarily provide an odometer reading to DMV for a vehicle 10 years old or older;

   2. Capture odometer readings provided to DMV for vehicles 10 years old or older; and

   3. Retain the most recent version of odometer records in electronic form.

   As proposed, OAR 735-028-0005 prescribes the manner and form in which a person may provide an odometer reading to DMV for a vehicle 10 years old or older. The amendment of 735-028-0000 and 735-028-0040 update terms and definitions to clarify the difference between an odometer disclosure required by federal and state law and a voluntary odometer reading.

   In January 2014, DMV filed a temporary rulemaking because there was not enough time to complete the permanent rulemaking process to coincide with the April 1, 2014 implementation of the law. DMV now intends to permanently adopt and amend these rules. Other non-substantive changes are made for clarity and readability.

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

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171


Department of Transportation, Highway Division, Chapter 734

Rule Caption: Highway Approach Permitting, Access Control, and Access Management Standards.

Stat. Auth.: ORS 184.616, 184.619, 374-310–374.314, 374.335, 374.345, 374.350 & 374.355

Stats. Implemented: 2013 OL Ch. 476

Proposed Adoptions: 734-051-1065, 734-051-3015

Proposed Amendments: 734-051-1030, 734-051-1040, 734-051-1070, 734-051-2010, 734-051-2020, 734-051-3010, 734-051-3020, 734-051-3040, 734-051-3050, 734-051-3060, 734-051-3070, 734-051-4020, 734-051-5060, 734-051-5120, 734-051-7010

Proposed Repeals: 734-051-8010, 734-051-8015, 734-051-8020, 734-051-8025, 734-051-8030

Last Date for Comment: 5-21-14

Summary: The 2013 Oregon legislature substantially changed the authorizing legislation for how the Oregon Department of Transportation issues permits for access to state highways. OAR 734-051-5120 and 7010 were rewritten in their entirety to comply with the new statutes and OAR 735-051-3015 was added to address new areas of law pertaining to existing approaches that the department may deem to have provided written permission. In addition, the proposed rules include revisions that correct errors, update references, and improve clarity of meaning.

   The department adopted temporary rules in December 2013 to implement SB 408. The proposed rules will replace the temporary rules. Adoption of the proposed permanent rules is necessary to bring the agency’s processes into compliance with the legislation.

   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, 355 Capitol St. NE, MS 51, Salem, OR 97301

Telephone: (503) 986-3171


Land Conservation and Development Department, Chapter 660

Rule Caption: Minor and technical amendments to the Transportation Planning Rules

Date:   Time:   Location:

5-22-14    8:30 a.m.   DLCD, Basement Hearing Rm.      635 Capitol St.      Salem, OR 97301

Hearing Officer: LCDC

Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 195.025, 197.040, 197.180, 197.610 & 2013 OL Ch. 574

Proposed Amendments: Rules in 660-012

Last Date for Comment: 5-22-14, 8:30 a.m.

Summary: Minor and technical amendments to the Transportation Planning Rules at OAR chapter 660, division 12, in order to:

   (1) Specify that rule requirements related to Metropolitan Planning Organizations (MPOs) do not apply to the Walla Walla Valley MPO because this area is primarily within the State of Washington and only includes one small urban area in Oregon.

   (2) Clarify that regional transportation system plans are to be adopted by local governments within a metropolitan area, rather than metropolitan planning organizations, by consistently using clearly defined terms throughout the division.

   (3) Correct an administrative rule filing error by the department in June 2006 that inadvertently resulted in the elimination of a section of rule that was previously adopted by LCDC and was not intended to be removed and had not been repealed by LCDC.

   (4) Update reference to population forecasts to ensure consistency with Oregon Laws 2013 Chapter 574.

Rules Coordinator: Casaria Taylor

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

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


Occupational Therapy Licensing Board, Chapter 339

Rule Caption: Establish practice standards using telehealth; mental health in OT; allowing CE in cultural competency.

Stat. Auth.: ORS 675.320

Other Auth.: Board meeting: 2/24/14; January 2014 Newsletter

Stats. Implemented: ORS 675.320

Proposed Adoptions: 339-010-0006, 339-010-0007, 339-020-0025

Last Date for Comment: 6-1-14, 12 p.m.

Summary: The first rule the Oregon Occupational Therapy Licensing Board sets standards of practice for using telehealth.

   The second rule promotes cultural competency by allowing it to count toward CE.

   The third rule sets forth the practice of OT in regards to mental health.

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: Removes Inactive status for Natural Childbirth certificate holders

Stat. Auth.: ORS 685.125

Stats. Implemented: ORS 685.100 & 685.135

Proposed Amendments: 850-030-0035, 850-035-0230

Last Date for Comment: 6-2-14, 1 p.m.

Summary: Removes the fee and inactive status for rules until further approval.

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: Add clarifying language to the formulary classifications used by Naturopathic physicians and Pharmacists

Stat. Auth.: ORS 685.125

Other Auth.: ORS 385.145

Stats. Implemented: ORS 685.145

Proposed Amendments: 850-060-0226

Last Date for Comment: 6-2-14, 1 p.m.

Summary: Adds to 850-060-0226(26)(e) “(A) Interferons; (B) Dimethyl Funarate”. No other amendments at this time.

Rules Coordinator: Anne Walsh

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

Telephone: (971) 673-0193


Oregon Business Development Department, Chapter 123

Rule Caption: These rules relate to the Water Fund.

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

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

Proposed Amendments: 123-043-0041

Last Date for Comment: 5-23-14, Close of Business

Summary: On January 1, 2014 amended rules were filed for the Water Fund resulting from SB 181 in the 2013 Regular Legislative Session. The amendments in this filing should have been included in the January filing. Maximum loan amounts have been changed from $50,000 to $60,000. Interest shall be at 50 rather than 75 percent of the annual interest rate for other loans made within this division.

Rules Coordinator: Mindee Sublette

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

Telephone: (503) 986-0036


Oregon Department of Education, Chapter 581

Rule Caption: Modifies interdistrict student transfer rule to implement legislation

Date:   Time:   Location:

5-29-14    9 a.m.   255 Capitol St. NE      Salem OR

Hearing Officer: Emily Nazarov

Stat. Auth.: ORS 326.051

Stats. Implemented: ORS 339.133

Proposed Amendments: 581-021-0019

Last Date for Comment: 5-30-14, Close of Business

Summary: Prohibits districts from considering race, religion, sex, sexual orientation, ethnicity, national origin, disability, health, whether a student has an individualized education program, the terms of an individualized education program, income level, residence, proficiency in the English language, athletic ability, or academic records when giving consent to interdistrict transfer;

   Clarifies which district is responsible for setting the length of consent and consenting to renewals;

   Updates interdistrict transfer agreement requirements to comply with state law; and

   Transfers responsibility for FAPE to receiving district.

Rules Coordinator: Cindy Hunt

Address: Oregon Department of Education, 255 Capitol St. NE, Salem, OR 97310

Telephone: (503) 947-5651


Rule Caption: Allows Department of Education to distribute additional funding to Long Term Care and Treatment Program.

Date:   Time:   Location:

5-29-14    9 a.m.   255 Capitol St. NE      Salem OR

Hearing Officer: Emily Nazarov

Stat. Auth.: ORS 326.051 & 343.961

Stats. Implemented: ORS 343.243 & 343.961

Proposed Amendments: 581-015-2572

Last Date for Comment: 5-30-14, Close of Business

Summary: Currently OAR 581-015-2572(c) states: “If the total state funding available for all LTCT programs is less than the total state funding needed to fully fund each LTCT contract, the amount of state funding in each contract determined under paragraph (b) of this subsection will be prorated.” This language creates a conflict when there is additional funding allocated by the legislature. The current language does not specifically allow the department to allocate additional funds and does not indicate the manner in which additional funds should be allocated. Therefore, it is recommended that the language be amended to read “If the total state funding available for all LTCT programs is more or less than the total state funding needed to fully fund each LTCT contract, ...” This will give the department the ability to address surplus funds in a like manner.

Rules Coordinator: Cindy Hunt

Address: Oregon Department of Education, 255 Capitol St. NE, Salem, OR 97310

Telephone: (503) 947-5651


Rule Caption: Updates administration of state assessments to reflect Smarter Balanced mathematics and English language arts assessments

Date:   Time:   Location:

5-29-14    9 a.m.   255 Capitol St. NE      Salem OR

Hearing Officer: Emily Nazarov

Stat. Auth.: ORS 326.051 & 329.075

Stats. Implemented: ORS 329.075 & 329.485

Proposed Amendments: 581-022-0610

Last Date for Comment: 5-30-14, Close of Business

Summary: Updates OAR 581-022-0610: Administration of State Assessments to reflect implementation of the Smarter Balanced mathematics and English language arts (ELA) assessments as well as the Kindergarten Assessment. Adopts accessibility terminology and definitions used by the Smarter Balanced Assessment Consortium and applies to the Oregon Statewide Assessment System.

Rules Coordinator: Cindy Hunt

Address: Oregon Department of Education, 255 Capitol St. NE, Salem, OR 97310

Telephone: (503) 947-5651


Rule Caption: Oregon STEM Lab School Grant

Date:   Time:   Location:

5-29-14    9 a.m.   255 Capitol St. NE       Salem OR

Hearing Officer: Emily Nazarov

Stat. Auth.: ORS 327.800

Stats. Implemented: ORS 327.820

Proposed Adoptions: 581-017-0335, 581-017-0338, 581-017-0341, 581-017-0344, 581-017-0347

Last Date for Comment: 5-30-14, Close of Business

Summary: Implements grant within the strategic investments under HB 3232 to support STEM, STEAM, and CTE focused organizations to close the achievement gap an raise student achievement.

Rules Coordinator: Cindy Hunt

Address: Oregon Department of Education, 255 Capitol St. NE, Salem, OR 97310

Telephone: (503) 947-5651


Rule Caption: Eastern Promise Replication Grant

Date:   Time:   Location:

5-29-14    9 a.m.   255 Capitol St. NE      Salem OR

Hearing Officer: Emily Nazarov

Stat. Auth.: ORS 327.800

Stats. Implemented: ORS 327.820

Proposed Adoptions: 581-017-0350, 581-017-0353, 581-017-0356, 581-017-0359, 581-017-0362

Last Date for Comment: 5-30-14, 5 p.m.

Summary: Established new grant programs to promote collaboration among education institutions to replicate Eastern Promise, an evidence-based model and best practice that is likely to improve student outcomes. Implements provisions of HB 3232.

Rules Coordinator: Cindy Hunt

Address: Oregon Department of Education, 255 Capitol St. NE, Salem, OR 97310

Telephone: (503) 947-5651


Rule Caption: Support for Small/Rural Districts

Date:   Time:   Location:

5-29-14    9 a.m.   255 Capitol St. NE      Salem OR

Hearing Officer: Emily Nazarov

Stat. Auth.: ORS 342.950

Stats. Implemented: ORS 342.950

Proposed Adoptions: 581-018-0327, 581-018-0330, 581-018-0333, 581-018-0336

Last Date for Comment: 5-30-14, 5 p.m.

Summary: Creates grant to address the unique needs of rural schools and districts, supporting districts in creating and implementing systems that focus on improving educator practice and high educational outcomes for students per HB 3233.

Rules Coordinator: Cindy Hunt

Address: Oregon Department of Education, 255 Capitol St. NE, Salem, OR 97310

Telephone: (503) 947-5651


Rule Caption: Proficiency-Based Teaching and Learning Grant

Date:   Time:   Location:

5-29-14    9 a.m.   255 Capitol St. NE      Salem OR

Hearing Officer: Emily Nazarov

Stat. Auth.: ORS 342.950

Stats. Implemented: ORS 342.950

Proposed Adoptions: 581-018-0430, 581-018-0433, 581-018-0436, 581-018-0439, 581-018-0442

Last Date for Comment: 5-30-14, 5 p.m.

Summary: Establish a proficiency-based teaching and learning grant which will be available to school districts and nonprofits working with school districts. Implements provisions of HB 3233; the goal of the grants is to support 1 to 4 demonstration sites.

Rules Coordinator: Cindy Hunt

Address: Oregon Department of Education, 255 Capitol St. NE, Salem, OR 97310

Telephone: (503) 947-5651


Rule Caption: Establishes a Culturally Responsive Pedagogy and Practices Grant Program

Date:   Time:   Location:

5-29-14    9 a.m.   255 Capitol St. NE      Salem OR

Hearing Officer: Emily Nazarov

Stat. Auth.: ORS 342.950

Stats. Implemented: ORS 342.950

Proposed Adoptions: 581-018-0500, 581-018-0503, 581-018-0506, 581-018-0509, 581-018-0512, 581-018-0515

Last Date for Comment: 5-30-14, 5 p.m.

Summary: The rule establishes a Culturally Responsive Pedagogy and Practices Grant program as one of the methods to address initiatives in HB 3233. The purpose of the grant program is to support school districts, postsecondary institutions and non-profit organizations in closing opportunity gaps for culturally and/or linguistically diverse learners through culturally responsive pedagogy and practices.

Rules Coordinator: Cindy Hunt

Address: Oregon Department of Education, 255 Capitol St. NE, Salem, OR 97310

Telephone: (503) 947-5651


Rule Caption: Establishes American Indian/Alaskan Native Culturally Relevant Teaching, Learning, and Pedagogy Grant Program

Date:   Time:   Location:

5-29-14    9 a.m.   255 Capitol St. NE      Salem OR

Hearing Officer: Emily Nazarov

Stat. Auth.: ORS 342.950

Stats. Implemented: ORS 342.950

Proposed Adoptions: 581-018-0520, 581-018-0523, 581-018-0526, 581-018-0529, 581-018-0532, 581-018-0535

Last Date for Comment: 5-30-14, 5 p.m.

Summary: Establishes grant program to support districts in developing equitable and culturally responsive professional development and training models and practices to improve academic outcomes for American Indian/Alaskan Native students.

Rules Coordinator: Cindy Hunt

Address: Oregon Department of Education, 255 Capitol St. NE, Salem, OR 97310

Telephone: (503) 947-5651


Rule Caption: English Language Proficiency Standards Professional Learning Grant

Date:   Time:   Location:

5-29-14    9 a.m.   255 Capitol St. NE      Salem OR

Hearing Officer: Emily Nazarov

Stat. Auth.: ORS 342.950

Stats. Implemented: ORS 342.950

Proposed Adoptions: 581-018-0540, 581-018-0543, 581-018-0546, 581-018-0549, 581-018-0552, 581-018-0553, 581-018-0556

Last Date for Comment: 5-30-14, 5 p.m.

Summary: Establishes new grant to provide cyclical, reflective professional learning opportunities for Oregon educators to support the implementation of new English Language Proficiency Standards.

Rules Coordinator: Cindy Hunt

Address: Oregon Department of Education, 255 Capitol St. NE, Salem, OR 97310

Telephone: (503) 947-5651


Rule Caption: Early Learning Professional Development Grant Program

Date:   Time:   Location:

5-29-14    9 a.m.   255 Capitol St. NE      Salem OR

Hearing Officer: Emily Nazarov

Stat. Auth.: ORS 342.950

Stats. Implemented: ORS 342.950

Proposed Adoptions: 581-018-0575, 581-018-0578, 581-018-0581, 581-018-0584, 581-018-0587, 581-018-0590

Last Date for Comment: 5-30-14, 5 p.m.

Summary: Establishes grant to provide early learning professional development opportunities taking into account the unique needs of the workforce.

Rules Coordinator: Cindy Hunt

Address: Oregon Department of Education, 255 Capitol St. NE, Salem, OR 97310

Telephone: (503) 947-5651


Oregon Department of Education, Early Learning Division, Chapter 414

Rule Caption: Early Literacy Grant Program

Date:   Time:   Location:

5-29-14    9 a.m.   255 Capitol St. NE, Rm. 251A      Salem, OR

Hearing Officer: Emily Nazarov

Stat. Auth.: ORS 327.810

Stats. Implemented: ORS 327.810

Proposed Adoptions: 414-800-0005, 414-800-0010, 414-800-0015, 414-800-0020, 414-800-0025, 414-800-0030

Last Date for Comment: 5-30-14, 5 p.m.

Summary: The purpose of the Early Literacy Grant is to improve the readiness of children preparing to enter kindergarten; improve the reading proficiency of students by the time students complete the third grade; encourage early reading by involving parents, child care providers, and the community; expand the amount of time spent reading, adult support of reading, the availability of reading materials, cultural relevance and promote the level of enjoyment that literacy brings; and create materials and curriculum that promote early literacy.

Rules Coordinator: Cindy Hunt

Address: Oregon Department of Education, Early Learning Division, 255 Capitol St. NE, Salem, OR 97310

Telephone: (503) 947-5651


Rule Caption: Kindergarten Readiness Partnership and Innovation Program

Date:   Time:   Location:

5-29-14    9 a.m.   255 Capitol St. NE, Rm. 251A      Salem, OR

Hearing Officer: Emily Nazarov

Stat. Auth.: ORS 336.101

Stats. Implemented: ORS 336.101

Proposed Adoptions: 414-800-0105, 414-800-0110, 414-900-0115, 414-800-0120, 414-800-0125, 414-800-0130

Last Date for Comment: 5-30-14, 5 p.m.

Summary: The rules implement the Early Leaning Kindergarten Readiness Partnership and Innovation program established by the legislature. This rule creates the opportunity to increase the connection between early learning and K–12 by investing in innovative and promising models for early learning/K–12 integration across the state and to build a body of evidence that Oregon can use to create stronger alignment between its early learning and K–12 education systems. The goal of this program is to promote community and school partnerships and innovations that result in measurable increase in children’s readiness for kindergarten.

Rules Coordinator: Cindy Hunt

Address: Oregon Department of Education, Early Learning Division, 255 Capitol St. NE, Salem, OR 97310

Telephone: (503) 947-5651


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

Rule Caption: Permanent amendments to OAR 309-090 entitled Forensic Evaluators and Evaluations.

Date:   Time:   Location:

5-21-14    9 a.m.   Rm. 137-D

      500 Summer St. NE      Salem, OR 97310

Hearing Officer: Nola J. Russell

Stat. Auth.: ORS 161.309–161.370, 419C.524, OL 2011 - HB 3100

Stats. Implemented: OL 2011 - HB 3100

Proposed Adoptions: 309-090-0055, 309-090-0060

Proposed Amendments: 309-090-0000, 309-090-0005, 309-090-0010, 309-090-0015, 309-090-0020, 309-090-0025, 309-090-0030, 309-090-0035, 309-090-0040, 309-090-0050

Last Date for Comment: 5-28-14, Close of Business

Summary: These rules establish minimum standards for the certification of psychiatrists, licensed psychologists, and regulated social workers related to performing forensic examinations and evaluations as described in ORS 161.309–161.370, 419C.150 and 419C.524.

   The rules are intended to ensure that forensic evaluations meet consistent quality standards and are conducted by qualified and trained evaluators. The Oregon Health Authority (OHA) shall provide training, certify qualified applicants and maintain a list of certified forensic evaluators for statewide use.

Rules Coordinator: Nola Russell

Address: Oregon Health Authority, Addictions and Mental Health Division: Mental Health Services, 500 Summer St. NE, E86, Salem, OR 97301-1118

Telephone: (503) 945-7652


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

Rule Caption: PA Criteria-May 23, July 25, Sept 26, Nov 21, 2013 Jan 30, 2014 DUR/PandT Action

Date:   Time:   Location:

5-15-14    10:30 a.m.   500 Summer St. NE, Rm. 166      Salem, OR 97301

Hearing Officer: Sandy Cafourek

Stat. Auth.: ORS 413.032, 413.042, 414.065, 414.325 & 414.330–414.414

Stats. Implemented: ORS 414.065, 414.325, 414.334, 414.361, 414.369, 414.371, 414.353 & 414.354

Proposed Amendments: 410-121-0040

Proposed Repeals: 410-121-0040(T)

Last Date for Comment: 5-20-14, 5 p.m.

Summary: The Pharmaceutical Services Program administrative rules (division 121) govern Division payments for services provided to certain clients. The Division needs to amend rules as follows:

   410-121-0040:

   Hydroxyprogesterone Caproate (Makena®) — new criteria

   Analgesics, Non-Steroidal Anti-Inflammatory Drugs — updated criteria

   Antiemetics — updated criteria

   Anti-Parkinsons Agents — updated criteria

   Fentanyl Transmucosal, Buccal, and Sprays — updated criteria

   Hepatitis C Oral Protease Inhibitors / Triple Therapy — updated criteria

   Incretin Enhancers — updated criteria

   Incretin Mimetics —updated criteria

   LABA / ICS Inhalers — updated criteria

   Mipomersen and Lomitapide — new criteria

   Naltrexone Extended Release Inj (Vivitrol®) — new criteria

   Oral MS Drugs — updated criteria

   Oral Direct Factor Xa Inhibitor — updated criteria

   Oral Direct Thrombin Inhibitor — updated criteria

   Repository Corticotropin Injection (Acthar Gel®) —new criteria

   Roflumilast — updated criteria

   Saproterin — updated criteria

   Skeletal Muscle Relaxants — updated criteria

   Sodium-Glucose Co-Transporter 2 (SGLT2) — new criteria

Rules Coordinator: Sandy Cafourek

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

Telephone: (503) 945-6430


Rule Caption: PDL-May 23, July 25, Sept 26, Nov 21, 2013 Jan 30, 2014 DUR/PandT Action SR Contracts

Date:   Time:   Location:

5-15-14    10:30 a.m.   500 Summer St. NE, Rm. 166      Salem, OR 97301

Hearing Officer: Sandy Cafourek

Stat. Auth.: ORS 413.032, 413.042, 414.065, 414.325, 414.330–414.414, 414.312 & 414.316

Stats. Implemented: ORS 414.065, 414.325, 414.334, 414.361, 414.369, 414.371, 414.353 & 414.354

Proposed Amendments: 410-121-0030

Proposed Repeals: 410-121-0030(T)

Last Date for Comment: 5-20-14, 5 p.m.

Summary: The Pharmaceutical Services Program administrative rules (Division 121) govern Division payments for services provided to certain clients. The Division needs to amend rules as follows:

   410-121-0030:

   Preferred:

   Butorphanol Tartrate Spray

   Sumatriptan Succinate

   Peginterferon Alpha-2A

   Peginterferon Alpha-2A Sub Q

   Tricor TM

   Trilipix TM

   Bacitracin Zinc / Polymyx B Sulfate

   Somatropin (Norditropin ®)

   Mesalamine (Lialda ®)

   Golimumab (Simponi ®)

   Valproic Acid solution

   Interferon Beta-1A / Albumin (Refib TM)

   Interferon Beta-1B (Betaseron TM)

   Carbidopa / Levodopa tablet ER

   Metadate TM

   Methylphenidate (Daytrana TM)

   Buprenorphine

   Buprenorphine-Naloxone (Suboxone TM)

   Buprenorphine HCL / Naloxone (Suboxone TM)

   Ipratropium / Albuterol Sulfate (Combivent Respimat TM)

   Budesonide (Pulmicort Flexhaler ®)

   Budesonide / Formoterol Fumarate (Symbicort ®)

   Benzonatate

   Guaifenesin

   Guaifenesin / Codeine Phosphate

   Guaifenesin / Dextromethorphan

   Pseudoephedrine HCL

   Atomoxetine HCL (Strattera ®)

   Chlorpromazine HCL

   Fluphenazine Decanoate

   Fluphenazine HCL

   Haloperidol

   Haloperidol Decanoate

   Haloperidol Lactate

   Loxapine HCL

   Loxapine Succinate

   Perhenazine

   Promazine HCL

   Thioridazine HCL

   Thiothixene

   Thiothixene HCL

   Trifluoperazine HCL

   Triflupromazine HCL

   Sofosbuvir (Sovaldi ®)

   Simeprevir (Olysio ®)

   Estradiol Transdermal patch (Vivelle Dot ®, Alora ®)

   Non-Preferred:

   Methadone HCL

   Tramadol HCL

   Imitrex ®

   Zolmitriptan

   Fenofibrate, Nanocrystallized

   Spinosad (Natroba ®)

   Testosterone patch TD24

   Dextroamphetamine Sulfate

   Ciclesonide

   Montelukast Sodium gram pack

   Zafirlukast

   Insulin Lispro (Humalog ®)

   Insulin NPL / Insulin Lispro (Humalog Mix 50/50 ®)

   Insulin NPL / Insulin Lispro (Humalog Mix 75/25 ®)

   Nadolol

   Captopril

   Captopril/ Hydrochlorothiazide

   Fosinopril Sodium

   Fosinopril/ Hyrdrochlorothiazide

   Moexipril HCL

   Moexipril/ Hydrochlorothiazide

   Quinapril HCL

   Quinapril/ Hydrochlorothiazide

   Trandolapril

Rules Coordinator: Sandy Cafourek

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

Telephone: (503) 945-6430


Rule Caption: Amendment of HERC Prioritized List of Health Services Reflecting Approved Modifications Effective April 1, 2014

Date:   Time:   Location:

5-15-14    10:30 a.m.   500 Summer St. NE, Rm. 166      Salem, OR 97301

Hearing Officer: Sandy Cafourek

Stat. Auth.: ORS 192.527, 192.528, 413.042 & 414.065

Other Auth.: HB 2100

Stats. Implemented: ORS 192.527, 192.528, 414.010 & 414.065 NS 414.727

Proposed Amendments: 410-141-0520

Proposed Repeals: 410-141-0520(T)

Last Date for Comment: 5-20-14, 5 p.m.

Summary: The OHP Program administrative rules govern the Division of Medical Assistance Programs’ payments for services provided to clients. The Division needs to temporarily amend 410-141-0520 to reference the Health Evidenced Review Committee (HERC) Prioritized List of Health Services January 1, 2011 through December 31, 2013. The HERC has made interim modifications and technical changes to the October 13, 2013 Prioritized List of Health Services. The changes will be effective April 1, 2014.

Rules Coordinator: Sandy Cafourek

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

Telephone: (503) 945-6430


Rule Caption: Rebasing Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS) Reimbursement Levels

Date:   Time:   Location:

5-15-14    10:30 a.m.   500 Summer St. NE, Rm. 166      Salem, OR 97301

Hearing Officer: Sandy Cafourek

Stat. Auth.: ORS 413.042 & 414.065

Stats. Implemented: ORS 414.065

Proposed Amendments: 410-122-0186

Proposed Repeals: 410-122-0186(T)

Last Date for Comment: 5-20-14, 5 p.m.

Summary: The Division has temporarily amended OAR 410-122-0186 to allow a change in payment methodology based on a percentage of a more current version of Medicare fee schedule (20120). Payments were calculated as a percentage of 2010 Medicare fee schedule and vary depending on category of service. The new percentages keep rates essentially the same to maintain budget neutrality.

Rules Coordinator: Sandy Cafourek

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

Telephone: (503) 945-6430


Rule Caption: Allow for CCOs to Pay for Outpatient and Physician Administered Medications

Date:   Time:   Location:

5-15-14    10:30 a.m.   500 Summer St. NE, Rm. 166      Salem, OR 97301

Hearing Officer: Sandy Cafourek

Stat. Auth.: ORS 413.042, 414.615, 414.625, 414.635 & 414.651

Stats. Implemented: ORS 414.610–414.685

Proposed Amendments: 410-141-3070

Proposed Repeals: 410-141-3070(T)

Last Date for Comment: 5-20-14, 5 p.m.

Summary: The Division needs to amend these rules to modify the allowance for Coordinated Care Organizations (CCO) to pay for outpatient and physician administered drugs produced by manufacturers that have valid rebate agreements with the Centers for Medicare and Medicaid (CMS). This change will align with federal regulations as stated in the State Medicaid Director Letter that allows CCOs flexibility with pharmacy payments.

Rules Coordinator: Sandy Cafourek

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

Telephone: (503) 945-6430


Rule Caption: Revise Form Number and Title of DMAP 1234 Referenced in Rules

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 414.065

Proposed Amendments: 410-141-0263, 410-141-3260

Last Date for Comment: 5-21-14, 5 p.m.

Summary: OAR 410-141-0263 and 410-141-3260 are being amended to change the name and form number of the DMAP 1234, referenced in the rules, to Division of Medical Assistance Programs Service Denial Appeal and Request form, DMAP 3302.

Rules Coordinator: Sandy Cafourek

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

Telephone: (503) 945-6430


Oregon Health Authority, Oregon Educators Benefit Board, Chapter 111

Rule Caption: Amendments made to clarify local government participation requirements in OEBB

Date:   Time:   Location:

5-22-14    10 a.m.   OEBB Boardroom.      1225 Ferry St. SE      Salem, OR 97301

Hearing Officer: OEBB Staff

Stat. Auth.: ORS 243.860–243.886

Stats. Implemented: ORS 243.864(1)(a) & 243.867

Proposed Amendments: 111-020-0010

Last Date for Comment: 5-31-14, Close of Business

Summary: Proposed amendments to 111-020-0010 are to clarify participation requirements for local governments electing to join the Oregon Educators Benefit Board program.

Rules Coordinator: April Kelly

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

Telephone: (503) 378-6588


Oregon Health Authority, Public Health Division, Chapter 333

Rule Caption: Adopts rules governing medical marijuana facility regulation

Date:   Time:   Location:

5-22-14, 12 p.m. 1300 NW Wall St., Barnes-Sawyer Rm., Bend, OR 97701

5-23-14, 8:30 a.m. 800 NE Oregon St., Rm. 1B, Portland, OR 97232

5-27-14, 1 p.m.   100 W 10th Ave., Bascom-Tykeson Rm., Eugene, OR 97402

5-29-14, 10 a.m., 205 S Central Ave., Large Meeting Rm., Medford, OR 97501

Hearing Officer: Jana Fusselll

Stat. Auth.: ORS 431.262, 475.309, 475.312, 475.314 & 475.338

Other Auth.: 2013 OL Ch. 726

Stats. Implemented: ORS 431.262 & 475.300–475.346

Proposed Adoptions: 333-008-1000, 333-008-1010, 333-008-1020, 333-008-1030, 333-008-1040, 333-008-1050, 333-008-1060, 333-008-1070, 333-008-1080, 333-008-1090, 333-008-1100, 333-008-1110, 333-008-1120, 333-008-1130, 333-008-1140, 333-008-1150, 333-008-1160, 333-008-1170, 333-008-1180, 333-008-1190, 333-008-1200, 333-008-1210, 333-008-1220, 333-008-1230, 333-008-1250, 333-008-1260, 333-008-1280, 333-008-1290

Proposed Amendments: 333-008-0010, 333-008-0020, 333-008-0025, 333-008-0045, 333-008-0050, 333-008-0120

Proposed Repeals: 333-008-0010(T), 333-008-0020(T), 333-008-0025(T), 333-008-0045(T), 333-008-0050(T), 333-008-0120(T), 333-008-1000(T), 333-008-1010(T), 333-008-1020(T), 333-008-1030(T), 333-008-1040(T), 333-008-1050(T), 333-008-1060(T), 333-008-1070(T), 333-008-1080(T), 333-008-1090(T), 333-008-1100(T), 333-008-1110(T), 333-008-1120(T), 333-008-1130(T), 333-008-1140(T), 333-008-1150(T), 333-008-1160(T), 333-008-1170(T), 333-008-1180(T), 333-008-1190(T), 333-008-1200(T), 333-008-1210(T), 333-008-1220(T), 333-008-1230(T), 333-008-1250(T), 333-008-1260(T), 333-008-1280(T), 333-008-1290(T)

Last Date for Comment: 5-30-14, 5 p.m.

Summary: The Oregon Health Authority, Public Health Division is proposing to adopt and amend rules in chapter 333, division 8 to govern the newly created Medical Marijuana Dispensary Program, as required by HB 3460 (Oregon Laws 2013, chapter 726). This program has been created to regulate and inspect facilities that transfer marijuana to Oregon Medical Marijuana Program cardholders, and ensure that they meet certain standards related to public and patient safety.

Rules Coordinator: Alayna Nest

Address: Oregon Health Authority, Public Health Division, 800 NE Oregon St., Suite 930, Portland, OR 97232

Telephone: (971) 673-1291


Rule Caption: Pulse oximetry screening for newborns at hospitals and birthing centers

Date:   Time:   Location:

5-20-14    10 a.m.   Portland State Office Bldg.      800 NE Oregon St., Rm. 1E      Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 441.025, 441.055 & 442.015

Other Auth.: 2013 OL Ch. 334

Stats. Implemented: ORS 441.025, 441.055 & 442.015

Proposed Amendments: 333-076-0670, 333-520-0060

Proposed Repeals: 333-076-0670(T), 333-520-0060(T)

Last Date for Comment: 5-23-14, 5 p.m.

Summary: The Oregon Health Authority (Authority), Public Health Division is proposing to permanently amend rules in chapter 333, divisions 76 and 520 related to pulse oximetry screening for newborns at hospitals and birthing centers. SB 172 (Oregon Laws 2013, chapter 334), passed during the 2013 legislative session, directs the Authority to adopt administrative rules no later than January 1, 2014 that require birthing facilities to perform pulse oximetry screening on each newborn delivered at the birthing facility before discharging the newborn. Birthing facilities include both hospitals that provide services related to the delivery of newborns and birthing centers. In response, the Authority adopted temporary rules effective January 1, 2014 through June 29, 2014 that require birthing facilities to perform, prior to discharge, pulse oximetry screening on every newborn delivered at the birthing facility effective March 1, 2014, to notify parents and the infant’s health care provider of the results, to provide any necessary follow-up services or treatment in accordance with the applicable standard of care, or provide a referral for such services or treatment, and to document the screening in the infant’s medical record. The screening is to be done in a manner consistent with recommendations published in Strategies for Implementing Screening for Critical Congenital Heart Disease, AR Kemper et al., Pediatrics 2011;128(5): e1259-1267.

   In order to comply with the statutory mandate of SB 172, the Authority must adopt permanent administrative rules prior to the expiration of the temporary administrative rules currently in place. The proposed permanent amendments will establish requirements for pulse oximetry screening in hospitals and birthing centers.

Rules Coordinator: Alayna Nest

Address: Oregon Health Authority, Public Health Division, 800 NE Oregon St., Suite 930, Portland, OR 97232

Telephone: (971) 673-1291


Rule Caption: Pool closure criteria to the public swimming pool and public spa pool rules

Date:   Time:   Location:

6-9-14    10 a.m.   Portland State Office Bldg.      800 NE Oregon St., Rm. 1A      Portland, OR 97232

6-11-14   10:30 a.m.   Lane County Health &       Human Services Bldg.      151 W. 7th Ave.,       Charnelton Meeting Rm. 258      Eugene, OR 97401

Hearing Officer: Shannon O’Fallon

Stat. Auth.: ORS 448.011

Stats. Implemented: ORS 448.005–448.100 & 448.990

Proposed Adoptions: 333-060-0700, 333-060-0705, 333-062-0250, 333-062-0255

Proposed Amendments: 333-060-0075, 333-060-0105, 333-060-0128, 333-060-0145, 333-060-0165, 333-060-0170, 333-060-0205, 333-060-0505, 333-062-0070, 333-062-0080, 333-062-0103, 333-062-0120, 333-062-0145, 333-062-0150, 333-062-0170

Last Date for Comment: 6-11-14, 5 p.m.

Summary: The Oregon Health Authority, Public Health Division is proposing to permanently adopt and amend Oregon Administrative Rules in chapter 333, division 60, Public Swimming Pools, and chapter 333, division 62, Public Spa Pools, related to inspection enforcement and pool closure criteria. The proposed rules help address the concerns of public pool and spa license holders and operators concerning when a pool or spa should be closed because of an immediate danger to the health and safety of the public and bathers.

   The changes to both divisions are largely identical. There are also some supporting changes proposed to implement and complement the new rules, and the references to other documents in the rules have been updated.

Rules Coordinator: Alayna Nest

Address: Oregon Health Authority, Public Health Division, 800 NE Oregon St., Suite 930, Portland, OR 97232

Telephone: (971) 673-1291


Rule Caption: Health care acquired infection reporting and addition of long term care facility annual survey.

Date:   Time:   Location:

5-16-14    2 p.m.   Portland State Office Bldg.      800 NE Oregon St., Rm. 1A      Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 442.420 & 2007 OL Ch. 838 ¦ 1-6 & 12

Stats. Implemented: ORS 179.505, 192.243, 192.245, 192.410, 192.496, 192.502, 441.015, 442.400, 442.405 & 2007 OL Ch. 838 sec. 1–6 & 12

Proposed Adoptions: 333-018-0127

Proposed Amendments: 333-018-0100, 333-018-0110, 333-018-0115, 333-018-0120, 333-018-0125, 333-018-0130, 333-018-0135

Last Date for Comment: 5-22-14, 5 p.m.

Summary: The Oregon Health Authority (Authority), Public Health Division is proposing to permanently adopt and amend rules in chapter 333, division 18 related to health care acquired infection reporting and public disclosures. Oregon Laws 2009, chapter 838 directs the Authority to the extent practicable and appropriate to align the requirements for reporting health care acquired infection (HAI) measures by health care facilities with the requirements for the Department of Human Services and to the Centers for Medicare and Medicaid Services (CMS).

   The proposed changes will also add a requirement for long term care facilities (LTCF) to submit an annual Infection Prevention survey.

Rules Coordinator: Alayna Nest

Address: Oregon Health Authority, Public Health Division, 800 NE Oregon St., Suite 930, Portland, OR 97232

Telephone: (971) 673-1291


Oregon Housing and Community Services Department, Chapter 813

Rule Caption: Amends the definition for net worth and adds a definition for pension account.

Date:   Time:   Location:

5-22-14    9 a.m.   725 Summer St. NE, Suite B      Salem, OR 97301

Hearing Officer: Sandy McDonnell

Stat. Auth.: ORS 456.444, 456.625 & 458.700

Stats. Implemented: ORS 315.271 & 458.670–458.700

Proposed Amendments: 813-300-0010

Last Date for Comment: 6-9-14, 5 p.m.

Summary: Amends the definition for net worth and adds a definition for pension account.

Rules Coordinator: Sandy McDonnell

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

Telephone: (503) 986-2012


Rule Caption: Adopts rules for the Housing Choice Landlord Guarantee Program.

Date:   Time:   Location:

6-3-14    10 a.m.   725 Summer St. NE,       Conference Rm. 124A      Salem, OR

Hearing Officer: Sandy McDonnell

Stat. Auth.: ORS 456.555

Stats. Implemented: ORS 456.375 to 456.395

Proposed Adoptions: 813-360-0000, 813-360-0010, 813-360-0020, 813-360-0030, 813-360-0040, 813-360-0050, 813-360-0060

Last Date for Comment: 6-6-14, 5 p.m.

Summary: Implements rules to administer the Housing Choice Landlord Guarantee Program. The program provides certain financial assistance to qualifying landlords to mitigate damages caused by tenants as a result of occupancy under the Housing Choice Voucher Program.

Rules Coordinator: Sandy McDonnell

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

Telephone: (503) 986-2012


Oregon Liquor Control Commission, Chapter 845

Rule Caption: Amends/adopts or repeals 11 procedural rules in Division 001 (rulemaking) and Division 003 (contested cases).

Date:   Time:   Location:

5-28-14    10 a.m.   9079 SE McLoughlin Blvd.      Portland, OR 97222

Hearing Officer: Annabelle Henry

Stat. Auth.: ORS 183.341(1) & (2), 183.425(2), 183.452, 183.745, 471.030 & 471.730(1), (5) & (6)

Stats. Implemented: ORS 183.310, 183.341(1) & (2), 183.425(2), 183.430(2), 183.435, 183.452, 183.460, 183.745, 471.331(1) & 471.380(2)

Proposed Adoptions: 845-003-0345

Proposed Amendments: 845-001-0007, 845-003-0200, 845-003-0210, 845-003-0220, 845-003-0270, 845-003-0331, 845-003-0460, 845-003-0590, 845-003-0670

Proposed Repeals: 845-003-0340

Last Date for Comment: 6-11-14, 5 p.m.

Summary: This rulemaking package is comprised of eleven procedural rules in Division 001 and Division 003 of Chapter 845 of the Oregon Administrative Rules. The Commission proposes to amend, adopt or repeal the rules in this package for the following reasons:

   In 2012, 2008 and 2007, the Commission amended OAR 845-001-0007, Attorney General’s Model Rules of Procedure. These rulemaking actions adopted the Attorney General’s Model Rules for Rulemaking by reference. However, due to a technical defect, they are invalid. The rule’s language is also ambiguous. Permanent rulemaking is required to correct these defects.

   In 2012, the Commission amended all of its Division 003 rules. This rulemaking action had two goals: (1) Adopt the Attorney General’s Model Rules of Procedure for Contested Cases Office of Administrative Hearings, and (2) Adopt eight additional, compatible procedural rules for contested case proceedings. However, due to a technical defect, this rulemaking action is invalid. Select language is also ambiguous and fails to adopt by reference the Attorney General’s Model Rules for Orders in Other Than Contested Cases. Permanent rulemaking is required to correct these defects.

   In February 2014, the Department of Justice amended its letter authorizing lay representation in certain classes of contested case proceedings, in effect expanding the Commission’s authority to use employee representatives. OAR 845-003-0331, Employee Representation at Contested Case Hearings, must be amended on a permanent basis to reflect this expanded authority.

   The Commission also proposes to repeal OAR 845-003-0340, Interpreters, because it is redundant. The use and provision of interpreters in contested case hearings is already addressed in the Attorney General’s Model Rules of Procedure for Contested Cases Office of Administrative Hearings.

   Finally, the Commission proposes to adopt new rule OAR 845-003-0345, Public Attendance and Representation of Parties. This rule memorializes in rule the Commission’s longstanding practice of excluding non-participants from its contested case hearings.

Rules Coordinator: Annabelle Henry

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: Revision to rules within the Oregon Savings Growth Plan (OSGP).

Date:   Time:   Location:

6-17-14    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 Amendments: 459-050-0025, 459-050-0037, 459-050-0060, 459-050-0075, 459-050-0077

Last Date for Comment: 7-3-14, 5 p.m.

Summary: The proposed rule modifications would:

   1. Change number of executive or managerial staff designated by the PERS Executive Director to review applications of potential advisory committee members.

   2. Remove trading restriction from Stable Value Fund directly to Intermediate Bond fund. Explain when funds can be moved into Short Term Fixed Option and Self-Directed Brokerage Account from Stable Value Option.

   3. Distribute OSGP accounts according to Standard Designation of Beneficiary.

   4. Designate Stable Value Option as default for loan payments.

   5. Allow use of Roth monies for the purchase of service.

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713


Rule Caption: Clarification of membership eligibility standards including clarification of certain terms and corresponding housekeeping edits.

Date:   Time:   Location:

6-17-14    2 p.m.   PERS Boardroom.      11410 SW 68th Pkwy.      Tigard, OR

Hearing Officer: Daniel Rivas

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

Stats. Implemented: ORS 238.005, 238.015, 238.025, 238.300, 238A.025, 238A.100, 238A.140, 238A.370 & 238A.400

Proposed Amendments: 459-005-0001, 459-010-0003, 459-010-0010, 459-010-0035, 459-070-0001, 459-075-0010, 459-080-0260, 459-080-0500

Last Date for Comment: 7-3-14, 5 p.m.

Summary: Clarification of membership eligibility standards including clarification of certain terms and corresponding housekeeping edits.

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713


Rule Caption: Change preliminary benefit options available on the Disability Preliminary Option Selection form.

Date:   Time:   Location:

6-17-14    2 p.m.   PERS Boardroom.      11410 SW 68th Pkwy.      Tigard, OR

Hearing Officer: Daniel Rivas

Stat. Auth.: ORS 238.650

Stats. Implemented: ORS 238.320, 238.325 & 238.330

Proposed Amendments: 459-015-0055

Last Date for Comment: 7-3-14, 5 p.m.

Summary: Change the Disability Preliminary Option Selection form to not provide Option 1 as an option. Clarify benefit options available upon disability application approval.

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713


Rule Caption: Updates date of connection to certain federal laws based on House Bill 4003 (2014).

Date:   Time:   Location:

6-17-14    2 p.m.   PERS Boardroom.      11410 SW 68th Pkwy.      Tigard, OR

Hearing Officer: Daniel Rivas

Stat. Auth.: ORS 238A.450

Stats. Implemented: ORS 238A.400

Proposed Amendments: 459-080-0250

Last Date for Comment: 7-3-14, 5 p.m.

Summary: House Bill 4003 (2014) updates Oregon’s date of connection to certain federal laws from January 3, 2013 to December 31, 2013. This impacts statutes pertaining to the tax qualification status of the Public Employees Retirement System plans. OAR 459-080-0250 implements ORS 238A.400, and the OAR must be updated with the December 31, 2013 federal tax connection date.

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713


Rule Caption: Housekeeping edits to correct disability rules.

Date:   Time:   Location:

6-17-14    2 p.m.   PERS Boardroom.      11410 SW 68th Pkwy.      Tigard, OR

Hearing Officer: Daniel Rivas

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

Stats. Implemented: ORS 238.320, 238.335 & 238A.235

Proposed Amendments: 459-015-0010, 459-076-0010

Last Date for Comment: 7-3-14, 5 p.m.

Summary: Housekeeping edits and deletion of the erroneous phrase “or neurosurgeon” in OAR 459-076-0010(4)(b) to match 459-015-0010(3)(b).

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713


Rule Caption: Implementation of HB 4155 to provide additional financial data to employers and allocate associated costs.

Date:   Time:   Location:

6-17-14    2 p.m.   PERS Boardroom.      11410 SW 68th Pkwy.      Tigard, OR

Hearing Officer: Daniel Rivas

Stat. Auth.: ORS 238.650, 238A.450 & 2014 HB 4155

Stats. Implemented: 2014 HB 4155

Proposed Adoptions: 459-005-0260, 459-009-0250

Last Date for Comment: 7-3-14, 5 p.m.

Summary: The Governmental Accounting Standards Board (GASB) has adopted new standards for public pension plan financial reporting (GASB 67 and GASB 68). GASB 68 expands the pension liability information to be included by government bodies in their annual financial statements. The most efficient way for PERS-participating employers to obtain the needed additional data is for PERS to provide it, but the costs of doing so cannot be borne by the PERS Trust.

   House Bill 4155, adopted in the 2014 Regular Legislative Session, allows the PERS Board to establish by rule procedures for recovering the additional actuarial and auditing costs associated with GASB 68 compliance. Costs will be recovered from investment earnings on employer contributions. This rule will clarify the additional information to be provided by PERS under GASB 68 and the process by which the associated costs will be allocated to employers.

   This rule will have no fiscal impact to PERS administration, the PERS Fund, or PERS members. There will be a fiscal impact to PERS employers, via a reduction in annual earnings crediting, in the amount necessary to cover actual costs of providing audited financial information to comply with GASB 68 and generally accepted accounting principles.

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713


Oregon State Marine Board, Chapter 250

Rule Caption: Define slow-no wake in statewide rules.

Stat. Auth.: ORS 830.110

Stats. Implemented: ORS 830.110

Proposed Amendments: 250-010-0010

Last Date for Comment: 5-31-14, 5 p.m.

Summary: This rulemaking will define slow-no-wke within the Statewide Rules.

Rules Coordinator: June LeTarte

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

Telephone: (503) 378-2617


Oregon University System, Oregon State University, Chapter 576

Rule Caption: Repeal of all Chapter 576 OARs.

Date:   Time:   Location:

6-5-14    1 p.m.   Memorial Union Rm. 206      Oregon State University      Corvallis, OR

Hearing Officer: Beth Giddens

Stat. Auth.: ORS 351.070

Stats. Implemented: ORS 351.070

Proposed Repeals: 576-001-0000, 576-001-0005, 576-001-0010, 576-001-0015, 576-001-0020, 576-001-0030, 576-001-0040, 576-001-0045, 576-001-0050, 576-001-0055, 576-001-0060, 576-002-0000, 576-002-0015, 576-002-0017, 576-002-0030, 576-002-0035, 576-002-0060, 576-002-0070, 576-003-0000, 576-003-0005, 576-003-0010, 576-003-0020, 576-003-0040, 576-003-0050, 576-003-0060, 576-003-0070, 576-003-0080, 576-003-0090, 576-003-0100, 576-003-0110, 576-003-0120, 576-004-0000, 576-004-0005, 576-004-0010, 576-004-0015, 576-004-0020, 576-005-0005, 576-005-0010, 576-005-0015, 576-005-0020, 576-005-0025, 576-005-0030, 576-005-0032, 576-005-0041, 576-010-0000, 576-010-0006, 576-010-0011, 576-010-0021, 576-010-0031, 576-010-0036, 576-010-0041, 576-012-0000, 576-015-0005, 576-015-0010, 576-015-0020, 576-015-0021, 576-015-0025, 576-015-0030, 576-015-0035, 576-015-0040, 576-015-0043, 576-015-0045, 576-015-0050, 576-015-0052, 576-015-0055, 576-015-0056, 576-015-0057, 576-015-0060, 576-016-0000, 576-016-0010, 576-016-0020, 576-016-0030, 576-016-0040, 576-016-0050, 576-016-0060, 576-017-0005, 576-020-0005, 576-020-0010, 576-020-0015, 576-020-0020, 576-020-0025, 576-020-0030, 576-020-0035, 576-020-0040, 576-020-0045, 576-020-0050, 576-020-0055, 576-020-0060, 576-020-0065, 576-022-0005, 576-022-0010, 576-022-0020, 576-022-0025, 576-022-0030, 576-022-0035, 576-022-0045, 576-022-0050, 576-023-0005, 576-023-0010, 576-023-0015, 576-023-0020, 576-023-0025, 576-023-0030, 576-023-0035, 576-023-0040, 576-024-0000, 576-025-0005, 576-025-0020, 576-030-0005, 576-030-0010, 576-030-0015, 576-030-0020, 576-030-0025, 576-030-0035, 576-030-0040, 576-030-0045, 576-030-0050, 576-030-0055, 576-030-0060, 576-030-0070, 576-030-0090, 576-035-0000, 576-035-0010, 576-035-0020, 576-035-0030, 576-040-0010, 576-040-0012, 576-040-0015, 576-045-0000, 576-045-0010, 576-045-0020, 576-045-0030, 576-050-0010, 576-050-0015, 576-050-0020, 576-050-0025, 576-050-0030, 576-050-0035, 576-050-0045, 576-050-0050, 576-050-0055, 576-055-0000, 576-055-0010, 576-055-0020, 576-055-0030, 576-055-0040, 576-055-0050, 576-055-0060, 576-055-0070, 576-055-0080, 576-055-0090, 576-055-0100, 576-055-0110, 576-055-0120, 576-055-0130, 576-055-0140, 576-055-0150, 576-055-0160, 576-056-0000, 576-056-0010, 576-056-0020, 576-056-0030, 576-056-0040, 576-056-0050, 576-056-0060, 576-056-0070, 576-056-0080, 576-056-0090, 576-056-0100, 576-056-0110, 576-056-0120, 576-056-0130, 576-060-0010, 576-060-0015, 576-060-0020, 576-060-0025, 576-060-0031, 576-060-0035, 576-060-0037, 576-060-0038, 576-060-0039, 576-060-0040, 576-065-0000, 576-065-0010, 576-065-0020, 576-080-0005, 576-080-0010, 576-080-0015, 576-080-0020, 576-080-0025, 576-080-0030, 576-080-0035, 576-080-0040, 576-080-0045

Last Date for Comment: 6-6-14, Close of Business

Summary: OSU is repealing all Chapter 576 OARs. The rules will be converted to Board Standards with the force of law as of July 1, 2014, under SB 270.

Rules Coordinator: Beth Giddens

Address: Oregon University System, Oregon State University, 638 Kerr Administration Bldg., Corvallis, OR 97331

Telephone: (541) 737-2449


Oregon University System, Southern Oregon University, Chapter 573

Rule Caption: Code of Student Conduct

Stat. Auth.: ORS 351.070

Stats. Implemented: ORS 352.360

Proposed Amendments: 573-076-0050, 573-076-0060, 573-076-0070, 573-076-0080, 573-076-0130

Last Date for Comment: 5-30-14, 12 p.m.

Summary: Southern Oregon University’s published expectations for the conduct of its students, as well as processes and procedures for adjudicating matters in which students are alleged to have violated prohibited student conduct. Revisions are made to this document on an annual basis to bring it into compliance with legislation, organizational change, and nationally-recognized best practices.

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: Align State Scenic Waterway Rules with Federal Wild and Scenic Rules

Stat. Auth.: ORS 390.124 & 390.805–390.925

Stats. Implemented: ORS 390.845, 390.934(2) & 390.938(3)

Proposed Amendments: 736-040-0015, 736-040-0065, 736-040-0070

Last Date for Comment: 5-30-14, 5 p.m.

Summary: Some Oregon Scenic Waterways are also designated as federal Wild and Scenic Rivers. Federal regulations have been adopted that govern recreational use on Wild and Scenic Rivers. Those federal regulations are not enforceable by state law enforcement officers unless they have also been adopted in Oregon Administrative Rules (OAR) through the Scenic Waterway program. These proposed amendments to OAR chapter 736, division 40 rules align state rules on the John Day and Deschutes rivers with federal regulations already in place on these rivers. The proposed rules do not impose additional regulations on river users.

Rules Coordinator: Vanessa DeMoe

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

Telephone: (503) 986-0719


Secretary of State, Archives Division, Chapter 166

Rule Caption: Updating the City Records Retention Schedule

Date:   Time:   Location:

6-25-14    10 a.m.   Archives Bldg.      800 Summer St. NE      Salem, OR 97310

Hearing Officer: Mary Beth Herkert

Stat. Auth.: ORS 192 & 357

Stats. Implemented: ORS 192.005–192.170 & 357.805–357.895

Proposed Adoptions: 166-200-0200 – 166-200-0400

Proposed Repeals: 166-200-0005 – 166-200-0145

Last Date for Comment: 6-25-14, Close of Business

Summary: Updates the retention periods for City records.

Rules Coordinator: Julie Yamaka

Address: Secretary of State, Archives Division, 800 Summer St. NE, Salem, OR 97310

Telephone: (503) 378-5199


Teacher Standards and Practices Commission, Chapter 584

Rule Caption: Adopts standards for Elementary Mathematics Instructional Leader.

Stat. Auth.: ORS 342

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

Proposed Adoptions: 584-066-0020

Last Date for Comment: 7-30-14, 4 p.m.

Summary: Adopts standards that align with teacher leader standards and establish minimum qualifications to hold an Elementary Mathematics Instructional Leader specialization

Rules Coordinator: Victoria Chamberlain

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

Telephone: (503) 378-6813

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2013.

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

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

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