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Oregon Bulletin

June 1, 2011

NOTICES OF PROPOSED RULEMAKING AND
PROPOSED RULEMAKING HEARINGS


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

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

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

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

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


 

 

Board of Architect Examiners
Chapter 806

Rule Caption: Rules of Procedure.

Stat. Auth.: ORS 671.125

Other Auth.: Oregon Attorney General’s Administrative Law Manual and Uniform and Model Rules of Procedure

Stats. Implemented: ORS 183.341 & 671.080

Proposed Amendments: 806-001-0004, 806-001-0005

Last Date for Comment: 6-30-11, 4:30 p.m.

Summary: This rule amendment is needed to adopt the most recent version of the Attorney General’s Administrative Law Manual and Uniform and Model Rules of Procedure under the Administrative Procedures Act.

Rules Coordinator: Carol Moeller

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

Telephone: (503) 763-0662

Board of Geologist Examiners
Chapter 809

Rule Caption: Update Board Fees.

Date:                         Time:                        Location:

6-16-11                  9–10 a.m.              707 13th St. SE, Suite 260
                                                                           Conference Rm. B
                                                                           Salem, OR 97301

Hearing Officer: Christine Valentine

Stat. Auth.: ORS 182.466 & 672.505–672.705

Stats. Implemented: ORS 182.466, 672.585 & 672.705

Proposed Amendments: 809-010-0001

Last Date for Comment: 6-16-11

Summary: Amended proposed rule OAR 809-010-0001: Fees updates the fee charged by the Board for the Practice Section of the national examination for geologist certification, reflecting a fee increase made by the national Association of State Boards of Geology (ASBOG). ASBOG provides standardized written examinations for determining qualifications of applicants seeking licensure as professional geologists. This proposed rule also proposes reinstatement of two fees that were removed inadvertently during a past rulemaking. The two fees are designed to cover administrative costs associated with maintenance of examination files for passing examinees who do not register in Oregon and for providing a detailed list of registrants above and beyond the version routinely available via the Board’s website. The Board presents the fee rule updates for review by its registrants and other interested parties. Individuals may view a copy of the fee rule on the Board’s web page or may request a copy by contacting the Board’s administrative office.

Rules Coordinator: Christine Valentine

Address: Board of Geologist Examiners, 707 13th St. SE, Suite 260, Salem, OR 97301

Telephone: (503) 566-2837

Board of Pharmacy
Chapter 855

Rule Caption: Rules for criminal background checks on employees and potential employees, and amend pharmacist licensing rules.

Stat. Auth.: ORS 18.534, 676.303 & 689.205

Stats. Implemented: ORS 181.534

Proposed Adoptions: 855-010-0050, 855-010-0055, 855-010-0057, 855-010-0060, 855-010-0065, 855-010-0067, 855-010-0070, 855-010-0075, 855-010-0080, 855-010-0085, 855-010-0087

Proposed Amendments: 855-019-0120

Proposed Repeals: 855-010-0050(T), 855-010-0055(T), 855-010-0057(T), 855-010-0060(T), 855-010-0065(T), 855-010-0067(T), 855-010-0070(T), 855-010-0075(T), 855-010-0080(T), 855-010-0085(T), 855-010-0087(T)

Last Date for Comment: 6-16-11, 4:30 p.m.

Summary: These rules provide the authority and process for the Board to conduct fingerprint-based nationwide criminal background checks through the Oregon State Police and FBI, on employees, potential employees and applicants for volunteer positions with the Board. This includes a process for final determination of fitness and an appeals procedure. These rules replace temporary rules adopted in January 2011. The amendments to 855-019-0120 provides a one-year waiting period for applicants for licensure as a pharmacist who have filed the MPJE or NAPLEX three times.

      Copies of the full text of proposed rules can be obtained from the Board’s web site, www.pharmacy.state.or.us, or by calling the Board office (971) 673-0001

Rules Coordinator: Karen MacLean

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

Telephone: (971) 673-0001

Construction Contractors Board
Chapter 812

Rule Caption: Correct cite reference, amend course fee, continuing education credits.

Date:                         Time:                        Location:

6-14-11                  11 a.m.                    West Salem Roth’s IGA
                                                                           Santiam Rm.
                                                                           1130 Wallace Rd.
                                                                           Salem, OR

Hearing Officer: Rob Hernandez

Stat. Auth.: ORS 183.310–183.500, 670.310, 701.126, 701.235, 701.515, 701.992 & 701.995

Stats. Implemented: ORS 87.093, 279C.590, 701.005, 701.026, 701.042, 701.046, 701.073, 701.091, 701.098, 701.106, 701.109, 701.126, 701.227, 701.305, 701.315, 701.330, 701.345, 701.480, 701.485, 701.510, 701.515, 701.992 & 701.995

Proposed Amendments: 812-005-0800, 812-021-0016, 812-021-0019

Last Date for Comment: 6-14-11, Close of Hearing

Summary: • 812-005-0800 is amended to correct a cite reference.

      • 812-021-0016 is amended to revise the fee from $35 per credit hour to $15.

      • 812-021-0019 is amended to grant credit for non-traditional education (here, activities more like experience) is not the best policy for implementing CCB’s residential continuing education program.

Rules Coordinator: Catherine Dixon

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

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

Department of Administrative Services
Chapter 125

Rule Caption: The Health Professional Regulatory Organization shall provide periodic reports and peer review audits in support of its primary purpose of protecting the public.

Date:                   Time:                              Location:

6-15-11            2:30–3:30 p.m.        Executive Bldg.
                                                                           155 Cottage St. NE, 5th Floor
                                                                           Salem, OR 97301

Hearing Officer: Tamara Brickman

Stat. Auth.: ORS 426.385, 675.070, 675.100, 675.130, 675.300, 675.310, 675.320, 675.510, 675.540, 675.583, 675.590, 675.600, 675.745, 675.775,675.785, 676.165, 676.608, 677.010, 677.188, 677.190, 677.235, 677.250, 677.270, 677.275, 677.415,677.417, 677.655, 678.111, 678.112, 678.140, 678.150, 678.442, 678.780, 678.800, 679.140, 679.230,679.250, 679.290, 681.350, 681.400, 681.410, 681.450, 683.140, 683.250, 683.260, 684.010, 684.100,684.103, 684.130, 684.140, 684.157, 685.110, 685.160, 685.170, 686.120, 686.130, 686.210, 687.051,687.081, 687.115, 688.140, 688.160, 688.525, 688.545, 689.005, 689.115, 689.165, 689.195, 689.255,689.265, 689.405, 689.508, 691.485, 691.505, 691.535, 692.180, 692.300 and 692.320, 2009 OL Ch. 43, Sec. 38, (Enrolled SB 131), 2009 OL Ch. ___, Sec, 50, (Enrolled SB 177), repealing ORS 689.125, 2009 OL Ch. 43 (Enrolled SB 131) & 2009 OL Ch. ___, Sec. 2

Other Auth.: HB 2118

Stats. Implemented: ORS 676.160

Proposed Adoptions: 125-300-0200

Last Date for Comment: 6-15-11, 5 p.m.

Summary: The Health Professional Regulatory Organization shall provide periodic reports and peer review audits in support of its primary purpose of protecting the public.

Rules Coordinator: Linda Pavis

Address: Department of Administrative Services, 155 Cottage St. NE, U90, Salem, OR 97301

Telephone: (503) 378-5522

Department of Agriculture
Chapter 603

Rule Caption: Labeling and product registration rules for animal feeds.

Date:                         Time:                        Location:

6-20-11                  10 a.m.                    ODA, 635 Capitol St. NE
                                                                           Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 633.006–633.089, 633.992, 561.605 & 561.620

Stats. Implemented:

Proposed Adoptions: 603-058-0110, 603-058-0120, 603-058-0125, 603-058-0130, 603-058-0140, 603-058-0150, 603-058-0160, 603-058-0170, 603-058-0180, 603-058-0190, 603-058-0200, 603-058-0210, 603-058-0220, 603-058-0230, 603-058-0240, 603-058-0250, 603-058-0260, 603-058-0270, 603-058-0280, 603-058-0290

Proposed Repeals: 603-058-0001, 603-058-0002, 603-058-0005, 603-058-0010, 603-058-0011, 603-058-0020, 603-058-0021, 603-058-0026, 603-058-0028, 603-058-0029, 603-058-0031, 603-058-0032, 603-058-0036, 603-058-0040, 603-058-0051, 603-058-0052, 603-058-0065, 603-058-0070

Last Date for Comment: 6-27-11

Summary: Replaces existing feed rules with model rules developed by the American Association of Feed Control Officials. Rules appear in same order as their sections appear on a feed label. Increases disclosure of nutrients on custom dairy and hog feeds. Establishes action levels for adulterants of concern to Oregon animal owners. Adds the requirements for manufacturers to use a lot number. Establishes good manufacturing practices to reduce adulteration. Adopts rules to prevent the amplification of bovine spongiform encephalopathy via feed. Clarifies fee structure for company licenses. Provides for referee samples at request of the animal feeder. Establishes timelines to provide certificates of free sale to firms exporting commercial feeds.

Rules Coordinator: Sue Gooch

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

Telephone: (503) 986-4583

Department of Agriculture,
Oregon Raspberry and Blackberry Commission
Chapter 611

Rule Caption: Amend 611-010-0005 to change “Casual Sale” to not more than 5,000 lbs during calendar year.

Date:                         Time:                        Location:

6-15-11                  2 p.m.                       4845 B SW Dresden Ave.
                                                                           Corvallis, OR 97330

Hearing Officer: Philip Gutt

Stat. Auth.: ORS 576

Other Auth.: OAR 611-010-0005

Stats. Implemented: ORS 576.325 & 576.335

Proposed Amendments: 611-010-0005

Last Date for Comment: 6-10-11, 5 p.m.

Summary: Amend OAR 611-010-0005(3) “Casual Sale” to state: “Casual Sale” any sale or sales of caneberries made by the producer direct to the consumer where the total accumulated sales during a calendar year is not more than 5,000 lbs.

      This proposed rule will allow the commodity commission to
collect assessments on Casual Sales of more than 5,000 lbs.

Rules Coordinator: Rachel Denue

Address: Department of Agriculture, Raspberry and Blackberry Commission, 4845 B SW Dresden Ave., Corvallis, OR 97333

Telephone: (541) 758-4043

Department of Consumer and Business Services,
Building Codes Division
Chapter 918

Rule Caption: Abolishing Temporary Apprenticeship Licenses (180 Day Rule).

Date:                         Time:                        Location:

6-21-11                  9 a.m.                       1535 Edgewater St. NW
                                                                           Salem, OR 97304

Hearing Officer: Jim Hanson

Stat. Auth.: ORS 479.730

Stats. Implemented: ORS 479.630

Proposed Amendments: 918-282-0270

Proposed Repeals: 918-282-0280

Last Date for Comment: 6-24-11, 5 p.m.

Summary: The existing rule allows an electrical apprentice from another state that is party to the state apprenticeship reciprocal agreement to receive a temporary apprentice license to work in Oregon for a period not to exceed 180 days. The rule allows an apprentice to work on a single project up to 180 days. This license cannot be renewed.

      This rule would abolish OAR 918-282-0280, Temporary Apprentice Licenses, which imposes the 180-day time limit, single project, and non-renewal restrictions. The rule would add provisions for reciprocal apprentices in OAR 918-282-0270, Apprentices, and clarify that a reciprocal apprentice may work under indirect supervision if they meet the requirements for an indirect supervision card. This rule is in effect currently as a temporary rule, which this rulemaking proposes to make permanent.

Rules Coordinator: Stephanie Snyder

Address: Department of Consumer and Business Services, Building Codes Division, PO Box 14470, Salem, OR 97309

Telephone: (503) 373-7438

 

Rule Caption: Adopts provisions for the Oregon Commercial Reach Code.

Date:                         Time:                        Location:

6-21-11                  10 a.m.                    1535 Edgewater St. NW
                                                                           Salem, OR 97304

Hearing Officer: Aeron Teverbaugh

Stat. Auth.: ORS ORS 183.335, 455.020, 455.210, 455.496 & 455.500

Stats. Implemented: ORS 183.335, 455.020, 455.210 & 455.500

Proposed Adoptions: Rules in 918-465

Last Date for Comment: 6-24-11, 5 p.m.

Summary: The proposed rules implement Senate Bill 79 (2009) requiring the director of the Department of Consumer and Business Services to adopt a code separate from the state building code that is a set of optional construction standards designed to increase the energy efficiency of buildings above the mandatory statewide code. The proposed rules adopt the second public version of the International Green Construction Code (IGCC) with significant Oregon specific amendments including provisions from the 2012 International Energy Conservation Code and ASHRAE 90.1 as the Oregon Commercial Reach Code (OCRC).

Rules Coordinator: Stephanie Snyder

Address: Department of Consumer and Business Services, Building Codes Division, PO Box 14470, Salem, OR 97309

Telephone: (503) 373-7438

 

Rule Caption: Expands scope of work that may be performed under mechanical minor installation label programs.

Stat. Auth.: ORS 455.154

Stats. Implemented: ORS 455.154

Proposed Amendments: 918-100-0020, 918-100-0040

Last Date for Comment: 6-24-11, 5 p.m.

Summary: The proposed rule changes relate to OAR Chapter 918, Division 100, which contains the Department of Consumer and Business Services, Building Codes Division’s rules relating to optional mechanical minor installation label programs. Under these programs, a local building department may, but is not required to, allow certain minor mechanical construction work to be performed under a minor installation label. Under the current rule, mechanical minor installation labels may only be used in commercial and industrial buildings. The proposed rule changes would permit mechanical minor installation labels to be used in residential occupancies. The proposed changes would also expand the scope of work allowed under mechanical minor installation labels to include the addition of air conditioning units to pre-existing ductwork. Finally, the proposed changes would clarify that only contractors licensed by the construction contractors board may purchase and use mechanical minor installation labels for residential occupancies.

Rules Coordinator: Stephanie Snyder

Address: Department of Consumer and Business Services, Building Codes Division, PO Box 14470, Salem, OR 97309

Telephone: (503) 373-7438

 

Rule Caption: Wineries can use the Agricultural Building Exemption in ORS 455.315.

Stat. Auth.: ORS 455.030

Stats. Implemented: ORS 455.068 & 455.315

Proposed Adoptions: 918-460-0100

Last Date for Comment: 6-24-11, 5 p.m.

Summary: ORS 455.068 states in part that any construction standard adopted by the Department of Consumer and Business Services shall be applicable to all wineries producing wine. ORS 455.315 exempts certain structures used in the operation of a farm from the provisions of the Oregon Structural Specialty Code. This rule clarifies that the requirement for equal applicability of construction standards to all wineries does not affect the ability of a winery to use the exemption for agricultural buildings in ORS 455.315.

Rules Coordinator: Stephanie Snyder

Address: Department of Consumer and Business Services, Building Codes Division, PO Box 14470, Salem, OR 97309

Telephone: (503) 373-7438

Department of Consumer and Business Services,
Insurance Division
Chapter 836

Rule Caption: Adoption of Rules to Implement Children’s Reinsurance Program.

Date:                         Time:                        Location:

6-21-11                  10 a.m.                    Labor & Industries Bldg.
                                                                           Conference Rm. F
                                                                           350 Winter St. NE
                                                                           Salem, OR

Hearing Officer: Jeannette Holman

Stat. Auth.: ORS 743.731

Other Auth.: ORS 731.244

Stats. Implemented: ORS 731.731 & 2011 OL, Ch. __ (Enrolled SB 514) (2011)

Proposed Adoptions: 836-100-0011, 836-100-0016, 836-100-0025, 836-100-0030, 836-100-0035, 836-100-0040, 836-100-0045

Proposed Repeals: 836-100-0015

Proposed Ren. & Amends: 836-100-0010 to 836-100-0020

Last Date for Comment: 6-28-11

Summary: This rulemaking is to establish a Children’s Reinsurance Program to promote health insurance coverage of children under the age of 19 in Oregon. This program would spread the risk of enrolling high-risk children in the commercial individual market on a guaranteed issue basis with no pre-existing condition exclusion period as now required under federal law. The rules establish the requirements and procedures for a carrier to cede coverage for a child under the age of 19 to the Children’s Reinsurance Program.

Rules Coordinator: Sue Munson

Address: Department of Consumer and Business Services, Insurance Division, 350 Winter St. NE, Rm. 440, Salem, OR 97301

Telephone: (503) 947-7272

Department of Environmental Quality
Chapter 340

Rule Caption: Revised “Initiation Level” Rule for Persistent Pollutants in Wastewater.

Date:                         Time:                        Location:

6-15-11                  4 p.m.                       DEQ Headquarters
                                                                           811 SW Sixth Ave.
                                                                           Portland, OR

Hearing Officer: DEQ staff

Stat. Auth.: ORS 468.020 & 468B.141

Other Auth.: ORS 183.325–183.410

Stats. Implemented: ORS 468B.138–468B.144

Proposed Amendments: 340-045-0100

Last Date for Comment: 6-30-11, 5 p.m.

Summary: The proposed rule suspends the requirement to develop a reduction plan for cholesterol and coprostanol, and allows for DEQ to focus the list of pollutants for which permittees that become subject to the rule in the future must monitor. Proposed revisions to the rule also provide clarity regarding the circumstances under which a permittee has met the requirements and no longer needs to have a reduction plan in place.

Rules Coordinator: Maggie Vandehey

Address: Department of Environmental Quality, 811 SW Sixth Ave., Portland, OR 97204-1390

Telephone: (503) 229-6878

Department of Forestry
Chapter 629

Rule Caption: Adopts the 2011 Elliott State Forest Management Plan as an Administrative Rule.

Date:                         Time:                        Location:

7-19-11                  6–9 p.m.                 North Bend Public Library
                                                                           1800 Sherman Ave.
                                                                           North Bend, OR 97459

7-20-11                   6–9 p.m.                 OR Dept. of Fish & Wildlife
                                                                           4192 North Umpqua Hwy.

                                                                           Roseburg, OR 97470

Hearing Officer: Gregg Cline

Stat. Auth.: ORS 526.016(4), 526.041 & 530.490

Other Auth.: OAR 629-035-0030 & 629-035-0105

Stats. Implemented: ORS 530.050 & 530.500

Proposed Amendments: 629-035-0105

Last Date for Comment: 8-1-11

Summary: An amended, OAR 629-035-0105 will adopt and incorporate by reference the 2011 Elliott State Forest Management Plan (“Forest Management Plan” or “Plan”) as required by OAR 629-035-0030(6)(a). The rule adopts the Forest Management Plan by reference due to the voluminous nature of the Plan. Copies of the Plan may be viewed on the Department’s web page at: http://egov.oregon.gov/ODF/STATE_FORESTS/elliott.shtml or at the office of the State Forester, and are available upon request.

      Written comments must be received by 5:00 pm on August 1, 2011. Submissions should be addressed to the State Forests Planning Specialist, Oregon Department of Forestry, 2600 State Street, OR 97310, sent to ODFStateForestsComments@odf.state.or.us, or via FAX 503-945-7376.

      Comments received by 5:00 pm on August 1, 2011 will be compiled by theme. Department of Forestry staff will respond to the comments and present the information to the State Board of Forestry for its consideration in deciding whether to approve the plan. The Department anticipates the State Board of Forestry will have an opportunity to do so in November 2011. If the Plan is approved and adopted into administrative rule, the date of adoption of the amended rule will be announced in the Oregon Bulletin by the Secretary of State’s office. Printing of the final Forest Management Plan will occur once adopted as rule. The final Forest Management Plan will also be available on the Department’s website.

Rules Coordinator: Sabrina Perez

Address: Department of Forestry, 2600 State St., Salem, OR 97310

Telephone: (503) 945-7210

Department of Human Services,
Children, Adults and Families Division:
Vocational Rehabilitation Services
Chapter 582

Rule Caption: Amending standards for provision of program services, definitions, and rates of payment.

Stat. Auth.: ORS 344.530

Other Auth.: 34 CFR 361

Stats. Implemented: ORS 344.530, 344.540 & 344.550

Proposed Adoptions: 582-030-0050

Proposed Amendments: 582-001-0010, 582-050-0000, 582-050-0005, 582-050-0010, 582-050-0020, 582-050-0060, 582-060-0010, 582-060-0020, 582-070-0010, 582-070-0020, 582-070-0025, 582-070-0030, 582-070-0040, 582-070-0042, 582-070-0043, 582-070-0044

Last Date for Comment: 7-1-11

Summary: These proposed rules revise the Office of Vocational rehabilitation Services (OVRS) provision of services and process for providing transportation, modifying vehicles, requirements for maintaining vehicle insurance. requirements for closing case files and updates definitions. The revisions more precisely describe the general purpose of these services, scope and nature of services, OVRS requirements and individual rights and responsibilities.

Rules Coordinator: Peter Fox

Address: Department of Human Services, Children, Adults and Families Division: Vocational Rehabilitation Services, 500 Summer St. NE, E-83, Salem, OR 97301

Telephone: (503) 945-6695

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

Rule Caption: Certification change for supported living and proctor care residential services.

Date:                         Time:                        Location:

6-17-11                  11 a.m.                    Human Services Bldg.
                                                                           500 Summer St. NE,
                                                                           Rooms 137CD
                                                                           Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 409.050 & 410.070

Other Auth.: ORS 291.261

Stats. Implemented: ORS 430.021 & 430.610–430.670

Proposed Amendments: 411-328-0570, 411-328-0810, 411-335-0030, 411-335-0050, 411-335-0380

Proposed Repeals: 411-328-0570(T), 411-328-0810(T), 411-335-0030(T), 411-335-0050(T), 411-335-0380(T)

Last Date for Comment: 6-21-11, 5 p.m.

Summary: In response to legislatively required budget reductions effective October 1, 2010, the Department of Human Services (DHS), Seniors and People with Disabilities Division (SPD) is proposing to permanently change the certification period to five years for:

      • OAR chapter 411, division 328, Supported Living Services; and

      • OAR chapter 411, division 335, Proctor Care Residential Services.

Rules Coordinator: Christina Hartman

Address: Department of Human Services, Seniors and People with Disabilities Division, 500 Summer St. NE, E-10, Salem, OR 97301

Telephone: (503) 945-6398

 

Rule Caption: Foster Homes for Children with Developmental Disabilities.

Date:                         Time:                        Location:

6-17-11                  1:30 p.m.               Human Services Bldg.
                                                                           500 Summer St. NE
                                                                           Rooms 137CD
                                                                           Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 409.050, 410.070, 430.215 & 443.835

Other Auth.: ORS 291.261

Stats. Implemented: ORS 443.830 & 443.835

Proposed Amendments: 411-346-0110, 411-346-0150, 411-346-0160, 411-346-0165, 411-346-0190, 411-346-0200, 411-346-0220

Proposed Repeals: 411-346-0110(T), 411-346-0150(T), 411-346-0160(T), 411-346-0165(T), 411-346-0190(T), 411-346-0200(T), 411-346-0220(T)

Last Date for Comment: 6-21-11, 5 p.m.

Summary: In response to legislatively required budget reductions effective October 1, 2010, the Department of Human Services (DHS), Seniors and People with Disabilities Division (SPD) is proposing to permanently amend various rules relating to foster homes for children with developmental disabilities (CFH-DD) in OAR chapter 411, division 346 to change the annual certification period to two years. Language associated with the certification timeframe and provider expectations for chimney inspection, emergency preparedness, and inactive referral status have also been changed to comply with the two year cycle.

Rules Coordinator: Christina Hartman

Address: Department of Human Services, Seniors and People with Disabilities Division, 500 Summer St. NE, E-10, Salem, OR 97301

Telephone: (503) 945-6398

 

Rule Caption: Developmental Disability Certification and Endorsement.

Date:                         Time:                        Location:

6-17-11                  4 p.m.                       Human Services Bldg.
                                                                           500 Summer St. NE
                                                                           Rooms 137CD
                                                                           Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 409.050 & 410.070

Stats. Implemented: ORS 409.050 & 410.070

Proposed Adoptions: Rules in 411-323

Last Date for Comment: 6-21-11, 5 p.m.

Summary: The Department of Human Services (DHS), Seniors and People with Disabilities Division (SPD) is proposing to adopt rules relating to developmental disability certification and endorsement in OAR chapter 411, division 323.

      These rules prescribe standards, responsibilities, and procedures for agencies to obtain certification, a Medicaid agency identification number, and endorsement to provide person-centered services to individuals with developmental disabilities.

      Agencies will be able to request endorsements to provide the following services:

      • 24-hour residential as described in OAR chapter 411, division 325;

      • Supported living as described in OAR chapter 411, division 328;

      • Proctor care as described in OAR chapter 411, division 335; and

      • Employment and alternatives to employment as described in OAR chapter 411, division 345.

Rules Coordinator: Christina Hartman

Address: Department of Human Services, Seniors and People with Disabilities Division, 500 Summer St. NE, E-10, Salem, OR 97301

Telephone: (503) 945-6398

 

Rule Caption: Community Services Programs – Provider Enrollment, Service Billings, and Service Payments.

Date:                         Time:                        Location:

6-17-11                  3 p.m.                       Human Services Bldg.,
                                                                           500 Summer St. NE
                                                                           Rooms 137CD
                                                                           Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 409.050, 410.070, 411.060, & 430.640

Stats. Implemented: ORS 427.005, 427.007, 430.215, 430.610–430.695, & 443.400 to 443.455

Proposed Adoptions: Rules in 411-370

Last Date for Comment: 6-21-11, 5 p.m.

Summary: In response to the Department of Human Services (DHS), Seniors and People with Disabilities Division’s (SPD) transformation efforts and the need to generally streamline operations in order to meet and address current and future budget needs, SPD is proposing to adopt provider enrollment, service billing, and service payment rules for Community Services Programs in OAR chapter 411, division 370.

      The proposed rules change the current contracting practices so that it is no longer necessary for local service providers to have service contracts with Community Developmental Disability Programs (CDDPs). Instead, service providers will have a provider enrollment agreement with SPD and will receive direct payments. CDDPs will continue to authorize services delivered by providers and paid directly by SPD.

Rules Coordinator: Christina Hartman

Address: Department of Human Services, Seniors and People with Disabilities Division, 500 Summer St. NE, E-10, Salem, OR 97301

Telephone: (503) 945-6398

 

Rule Caption: Employment and Alternatives to Employment Services for Individuals with Developmental Disabilities.

Date:                         Time:                        Location:

6-17-11                  9:30 a.m.                Human Services Bldg.,
                                                                           500 Summer St. NE
                                                                           Rooms 137CD
                                                                           Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 409.050 & 410.070

Stats. Implemented: ORS 430.610, 430.630 & 430.670

Proposed Adoptions: Rules in 411-345

Proposed Amendments: Rules in 411-345

Proposed Repeals: Rules in 411-345, 411-345-0030(T), 411-345-0100(T), 411-345-0260(T)

Last Date for Comment: 6-21-11, 5 p.m.

Summary: The Department of Human Services, Seniors and People with Disabilities Division (SPD) is proposing to update the employment and alternatives to employment services for individuals with developmental disabilities rules in OAR chapter 411, division 345 to clarify service requirements, eliminate outdated and unnecessary requirements, and change the recertification period to five years in response to legislatively required budget reductions effective October 1, 2010.

      The proposed service requirement changes include:

      • Identifying services authorized by SPD and covered under the rules;

      • Emergency preparedness responsibilities for service providers;

      • Process and written documentation of support for individuals through an Individualized Support Plan (ISP);

      • Change of frequency for fire or emergency drills from monthly to quarterly; and

      • Elimination of the SPD requirement for fire extinguishers in vehicles.

Rules Coordinator: Christina Hartman

Address: Department of Human Services, Seniors and People with Disabilities Division, 500 Summer St. NE, E-10, Salem, OR 97301

Telephone: (503) 945-6398

Department of Public Safety Standards and Training
Chapter 259

Rule Caption: Removes “rebuttable presumption” language and implement plain language standards.

Stat. Auth.: ORS 703.230

Stats. Implemented: ORS 703.230

Proposed Amendments: 259-020-0030

Last Date for Comment: 6-21-11, Close of Business

Summary: This rule update will remove the language regarding the “rebuttable presumption.” The current rule language places the burden of proof on the polygraph examiner who is presumed incompetent and unable to perform their duties. Per DOJ recommendation, that burden of proof lie with the Department. This update also implements plain language standards.

Rules Coordinator: Linsay Bassler

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

Telephone: (503) 378-2431

 

Rule Caption: Update form names and processes pertaining to the maintenance process. Housekeeping changes.

Stat. Auth.: ORS 181.640, 181.644, 181.651, 181.652, 181.653, 181.654 & 181.665

Stats. Implemented: ORS 181.640, 181.644, 181.651, 181.652, 181.653, 181.654 & 181.665

Proposed Amendments: 259-008-0060

Last Date for Comment: 6-21-11, Close of Business

Summary: This rule update would remove all reference to Forms F-15M (Multi-Discipline Maintenance Log) and F-15T (Telecommunications/EMD Maintenance Log) and replace with Form F-16 (Maintenance Training Log – Tele/EMD/Multi-Discipline). The maintenance process was changed for the 2009–2010 maintenance period, but the process and form references in this rule were not updated, All references to training points were also removed as requirements to obtain and maintain certification reference training hours, rather than converting them to points. Other obsolete rules references regarding training were also removed. Finally, this update removes obsolete statutory references, updates to OAR references, and makes minor housekeeping changes for clarity.

Rules Coordinator: Linsay Bassler

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

Telephone: (503) 378-2431

 

Rule Caption: Update education standards for public safety personnel to include documentary evidence of post-secondary education.

Stat. Auth.: ORS 181.640, 181.644 & 183.341

Stats. Implemented: ORS 181.640, 181.644 & 183.341

Proposed Amendments: 259-008-0010, 259-008-0011

Last Date for Comment: 6-21-11, Close of Business

Summary: Currently, the minimum standards for employment as a law enforcement officer or telecommunicator/emergency medical dispatcher requires applicants to furnish evidence of a high school diploma or GED. On rare occasions an applicant has completed post-secondary education but has not completed high school or received a GED. This rule update adds language allowing law enforcement applicants to furnish documentary evidence of a four-year, post-secondary degree from an accredited college or university to satisfy the minimum education standard.

Rules Coordinator: Linsay Bassler

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

Telephone: (503) 378-2431

 

Rule Caption: Update mandatory and discretionary disqualifier list to mirror current Oregon criminal code.

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

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

Proposed Amendments: 259-008-0070

Last Date for Comment: 6-21-11, Close of Business

Summary: Since the time the mandatory and discretionary disqualifier lists were adopted into Oregon Administrative Rule, some issues have been identified that should be addressed through amendments to the current rule.

      First, a recent ruling made by the Ninth Circuit Court declared ORS 167.054 (Furnishing sexually Explicit Material to a Child) unconstitutional. This crime remains listed as a mandatory disqualifier because the crime remains in the Criminal Code. A notation has been added to help guide staff and constituents. regarding this crime,

      Second, crimes in ORS Chapter 97 (Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gifts); Chapter 609 (Animal Control; Exotic Animals,; Dealers); and Chapter 830 (Small Watercraft) have been categorized and added to the discretionary disqualifier list.

      Finally, ORS Chapters 496–498 deal with the administration and enforcement of hunting, angling and wildlife regulation. Three crimes associated with violations of these Chapters are included in the current list of discretionary disqualifying crimes, however, an individual may be convicted of a misdemeanor for violating any of the provisions of these chapters with a culpable mental state. Because it is not practical to list every statute that may be violated, the current reference to three specific crimes has been replaced with a broader reference to the relevant chapters to better inform our criminal justice constituents. The appropriate category would be determined on a case-by-case basis. when cases are brought to a policy committee for review.

Rules Coordinator: Linsay Bassler

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

Telephone: (503) 378-2431

 

Rule Caption: Amend order of denials/revocations due process; remove Measure 11 crime from fire discrepancy list.

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

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

Proposed Amendments: 259-008-0070, 259-009-0070

Last Date for Comment: 6-21-11, Close of Business

Summary: house Bill 2790 was passed during the 2009 legislative session. Section 3 of this Bill amended ORS 181.661 which changed the order of due process for certification denials and revocations.

      Also, ORS 163.670 (Using a Child in Displays of Sexually Explicit Conduct) was removed from the list of discretionary disqualifiers for fire service professionals. ORS 163.670 is a Measure 11 crime and is there fore a mandatory disqualifier.

      Additional housekeeping changes were made for clarity.

Rules Coordinator: Linsay Bassler

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

Telephone: (503) 378-2431

 

Rule Caption: Repeal rules allowing Department employees to act as Department representatives during contested case hearings.

Stat. Auth.: ORS 183.452 & 183.457

Stats. Implemented: ORS 183.452 & 183.457

Proposed Repeals: 259-008-0072, 259-009-0072, 259-060-0305

Last Date for Comment: 6-21-11, Close of Business

Summary: Oregon Revised Statute previously allowed for Department of Public Safety Standards and training (DPSST) employees or officers to act as Department representatives during a contested case hearing, however, the statute granting this authority has been changed, DPSST is no longer authorized to use lay representatives in contested case hearings. The agency is represented by the Oregon Department of Justice at all such proceedings. This proposed rule update repeals the rule defining this authority found in chapter 259, division 008 (Criminal Justice), division 009 (Fire Service) and division 060 (Private Security).

Rules Coordinator: Linsay Bassler

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

Telephone: (503) 378-2431

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

Rule Caption: Eligibility for a Hardship or Probationary Driver Permit

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.240, 807.252 & 807.270

Stats. Implemented: ORS 807.062, 807.240, 807.250, 807.270, 809.265, 809.380, 809.390, 809.419, 809.421, 813.500 & 813.602

Proposed Amendments: 735-064-0020

Last Date for Comment: 6-21-11

Summary: OAR 735-064-0020 establishes who may apply for a hardship or probationary permit and lists those suspensions or revocations that disqualify a person from being issued a hardship or probationary permit. Under ORS 807.240(3)(d), to qualify for a hardship permit a person must show that he or she “is not incompetent to drive nor a habitual incompetent, reckless or criminally negligent driver as established by the person’s driving record.” A person who is convicted of driving under the influence of intoxicants is required to install an ignition interlock device (IID) to prevent the person from driving after consuming alcohol. ORS 813.602(6) requires DMV to suspend a person’s driving privileges for tampering with an IID. Tampering with an IID shows the person is a reckless driver and does not qualify for a hardship permit. Currently, DMV will not issue a hardship permit to a person whose driving privileges are suspended due to tampering with an IID. DMV proposes to amend OAR 735-064-0020 to specify in administrative rule that a person whose driving privileges are suspended for tampering with an IID may not apply for a hardship permit.

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

Rules Coordinator: Lauri Kunze

Address: Department of Transportation, Driver and Motor Vehicle Services Division, 3930 Fairview Industrial Dr. SE, Salem, OR 97302

Telephone: (503) 986-3171

 

Rule Caption: Ending DMV’s Requirement of a DUII Treatment Completing Certificate to Reinstate Driving Privileges Following Suspension.

Stat. Auth.: ORS 184.616, 184.619 & 802.010

Stats. Implemented:

Proposed Repeals: 735-070-0085

Last Date for Comment: 6-21-11

Summary: OAR 735-070-0085 was adopted in 1988 and requires a person convicted by an Oregon court of driving under the influence of intoxicants to provide to DMV a DUII Treatment Completion Certificate in order to reinstate the mandatory suspension of driving privileges. At the time this rule was adopted, completion of a treatment program required a finding that the person had a problem condition involving alcohol or controlled substances, which directly tied to a driver’s qualification for driving privileges under ORS 807.060(4). However, ORS 813.020 was amended to require everyone convicted of DUII to complete a treatment program. ORS 809.380 requires DMV to reinstate suspended driving privileges without requalification, except that the department may require evidence the person is qualified for driving privileges. DUII treatment is no longer tied to a driver’s qualification for driving privileges under ORS 807.060(4), so DMV proposes to repeal OAR 735-070-0085.

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

Rules Coordinator: Lauri Kunze

Address: Department of Transportation, Driver and Motor Vehicle Services Division, 3930 Fairview Industrial Dr. SE, Salem, OR 97302

Telephone: (503) 986-3171

Employment Department
Chapter 471

Rule Caption: Allow employer hearing requests relating to Unemployment Insurance tax by email and secure website.

Stat. Auth.: ORS 657.610

Stats. Implemented:

Proposed Amendments: 471-040-0005

Last Date for Comment: 6-22-11, 5 p.m.

Summary: Add email and secure web submission as alternate means for employers to request a hearing. The date of request is defined as the date received by the Employment Department.

Rules Coordinator: Courtney Brooks

Address: Employment Department, 875 Union St. NE, Salem, OR 97311

Telephone: (503) 947-1724

 

Rule Caption: Revises prevailing rate of pay to use median instead of average wage.

Stat. Auth.: ORS 657.610

Stats. Implemented: ORS 657

Proposed Amendments: 471-030-0037, 471-030-0038

Last Date for Comment: 6-23-11, 5 p.m.

Summary: The proposed change replaces “average” with “median” for the rate of pay of an individual, as used in determining suitable work. Using the average rate of pay takes into account wages paid over all individuals for a particular occupation. This can result in an average not being representative for wages in a field, as it can be skewed by a few highly paid workers. The median wage provides a better estimate of the prevailing rate of pay for a particular occupation.

Rules Coordinator: Courtney Brooks

Address: Employment Department, 875 Union St. NE, Salem, OR 97311

Telephone: (503) 947-1724

Employment Department,
Child Care Division
Chapter 414

Rule Caption: Clarifies which individuals working in recorded programs must have background checks.

Stat. Auth.: ORS 657.610

Stats. Implemented:

Proposed Amendments: 414-425-0010, 414-425-0030, 414-450-0010, 414-450-0030

Last Date for Comment: 6-23-11, 5 p.m.

Summary: Clarifies which individuals working in school age and preschool recorded programs must have criminal background checks.

Rules Coordinator: Courtney Brooks

Address: Employment Department, Child Care Division, 875 Union St. NE, Salem, OR 97311

Telephone: (503) 947-1724

Land Conservation and Development Department
Chapter 660

Rule Caption: Amendments to administrative rules to clarify the siting of irrigation reservoirs on farmland.

Date:                         Time:                        Location:

6-22-11                  8:30 a.m.                635 Capitol St. NE,
                                                                           Basement Conference Rm.
                                                                           Salem, OR

Hearing Officer: LCDC

Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 215.203, 215.213 & 215.283

Proposed Amendments: Rules in 660-033

Last Date for Comment: 6-22-11

Summary: The proposed amendments to OAR chapter 660, division 33, will clarify and revise the process and requirements for permitting irrigation reservoirs on farmland.

Rules Coordinator: Casaria Tuttle

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

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

 

Rule Caption: Adopt permanent rules specifically applicable to siting photovoltaic solar power generation facilities.

Date:                         Time:                        Location:

6-22-11                  8:30 a.m.                635 Capitol St. NE
                                                                           Basement Hearing Rm.
                                                                           Salem, OR 97301

Hearing Officer: LCDC

Stat. Auth.: ORS 197.040

Other Auth.: Statewide Planning Goals 2 & 3

Stats. Implemented: ORS 215.213 & 215.283

Proposed Amendments: 660-033-0120, 660-033-130

Last Date for Comment: 6-22-11

Summary: The proposed change would amend OAR chapter 660, division 33 regarding the process for siting commercial photovoltaic solar power generation facilities on farm and ranch lands without a Goal 2 exception.

Rules Coordinator: Casaria Tuttle

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

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

Mortuary and Cemetery Board
Chapter 830

Rule Caption: Clarifies/updates industry practice, removes repetitive rules, reflects statute changes, reorganizes rules by topic; plain language.

Date:                         Time:                        Location:

6-20-11                  9 a.m.                       800 NE Oregon St., Suite 445
                                                                           Portland, OR 97232

Hearing Officer: Michelle Gaines

Stat. Auth.: ORS 692.320 & 97.931

Stats. Implemented: ORS 692.025, 692.045, 692.140, 692.160, 692.190, 432.005, 432.317, 97.010 & 97.130

Proposed Amendments: 830-011-0000, 830-011-0010, 830-011-0020, 830-011-0050, 830-011-0070, 830-011-0080, 830-020-0000, 830-020-0010, 830-020-0020, 830-020-0030, 830-020-0040, 830-030-0000, 830-030-0004, 830-030-0030, 830-030-0070, 830-030-0090, 830-030-0100, 830-040-0005, 830-040-0010, 830-040-0020, 830-040-0030, 830-040-0050, 830-040-0060, 830-040-0070, 830-050-0050

Proposed Repeals: 830-011-0030, 830-050-0000

Last Date for Comment: 6-20-11, 4 p.m.

Summary: The proposed rules recognize industry changes in practices, reflects apprenticeship period statutory changes in ORS 692; removes rules sufficiently addressed in statute, reorganizes rules by relevant topics; plain language statutory mandates (spelling, grammar, etc) are also proposed.

Rules Coordinator: Michelle Gaines

Address: Mortuary and Cemetery Board, 800 NE Oregon St., Suite 430, Portland, OR 97232

Telephone: (971) 673-1502

Oregon Business Development Department
Chapter 123

Rule Caption: These rules update the Strategic Reserve Fund, First Source Hiring Agreement section.

Stat. Auth.: ORS 285A.075

Other Auth.: ORS 285.266

Stats. Implemented: ORS 285B.050–285B.098

Proposed Amendments: 123-090-0050

Last Date for Comment: 6-21-11

Summary: First source hiring agreements are necessary when a firm receives an award of more than $50,000 through the Strategic Reserve Fund. This amendments changes the $50,000 amount to $100,000. This amendment will now coincide with the First Source Hiring Agreement rules under 123-070-1150.

Rules Coordinator: Mindee Sublette

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

Telephone: (503) 986-0036

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

Rule Caption: Handling Patient Mail in State Institutions.

Date:                         Time:                        Location:

6-16-11                  1 p.m.                       500 Summer St. NE
                                                                           Salem, OR 97301

Hearing Officer: Rick Luthe

Stat. Auth.: ORS 179.321 & 413.042

Stats. Implemented: ORS 179.321 & 413.042

Proposed Adoptions: 309-102-0100, 309-102-0110, 309-102-0120, 309-102-0130, 309-102-0140, 309-102-0150

Proposed Repeals: 309-100-0100(T), 309-100-0110(T), 309-100-0120(T), 309-100-0130(T), 309-100-0140(T), 309-100-0150(T), 309-102-0000, 309-102-0005, 309-102-0010, 309-102-0015, 309-102-0020, 309-102-0025

Last Date for Comment: 6-24-11

Summary: These rules reflect a comprehensive review of prior permanent rules, which are being repealed. These rules relate to mail being sent from and received by patients residing in each Oregon State Hospital campus and the Blue Mountain Recovery Center. These rules accomplish the following:

      • Protect patient rights related to the posting and receipt of mail.

      • Specify the circumstance under which staff of state institutions may confiscate a piece of mail arriving for, or being sent by a patient.

      • Specify the procedures to be used when a piece of mail is
confiscated.

      Protects the safety and security of citizens and the state institution buildings.

Rules Coordinator: Richard Luthe

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

Telephone: (503) 947-1186

Oregon Health Authority,
Division of Medical Assistance Programs
Chapter 410

Rule Caption: 7/11 – NCCI edit appeals; Oregon Health Authority (OHA) definition; Pilot project for CAWEM women.

Date:                         Time:                        Location:

6-17-11                  10:30 a.m.             Human Service Bldg., Rm. 137C
                                                                           500 Summer St. NE
                                                                           Salem, OR 97301

Hearing Officer: Darlene Nelson

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 414.025, 414.065 & 409.010

Proposed Amendments: 410-120-0000, 410-120-0030, 410-120-1560

Last Date for Comment: 6-19-11

Summary: The General Rules program administrative rules govern Division payments for services to clients. The Division needs to amend as follows:

      OAR 410-120-0000, Definitions: 2009 Legislative session created the Oregon Health Authority and moved various Divisions from the Department of Human Services. The Division will revise this rule to reflect this change. The Division will also add a definition for the National Correct Coding Initiative (NCCI) edits required by the Affordable Care Act.

      OAR 410-120-0030, Children’s Health Insurance Program: The Division will amend this rule to add Columbia, Crook, Douglas, Jefferson, Josephine, Morrow, Union and Wasco counties to participate in the prenatal care pilot providing prenatal care during pregnancy and labor and delivery services under CHIP for women who are not eligible for Medicare and who are at or below 185% of FPL, subject to the Centers for Medicare and Medicaid Services (CMS) approval.

      OAR 410-120-1560, Provider Appeals: The Affordable Care Act requires Medicaid agencies to use NCCI edits. The Division will amend this rule to specify the inclusion of provider appeals for an NCCI edit.

      All above rules will reflect the Oregon Health Authority name change and updated statutory reference.

      Other text may be revised to improve readability and to take care of necessary “housekeeping” corrections.

      Proposed rules are available on the DMAP Website: http://www.dhs.state.or.us/policy/healthplan/rules/notices.html

      For hardcopy requests, call: (503) 947-5081

Rules Coordinator: Darlene Nelson

Address: Oregon Health Authority, Division of Medical Assistance Programs, 500 Summer St. NE, E-35, Salem, OR 97301

Telephone: (503) 945-6927

 

Rule Caption: 7/11 – Semi-Annual PDL updates, expansion of 90-day fill list of maintenance medications, changes to allow for the billing of certain diabetic supplies by pharmacies, and updates for vaccination billing, PA criteria update.

Date:                         Time:                        Location:

6-17-11                  10:30 a.m.             Human Service Bldg., Rm. 137C
                                                                           500 Summer St. NE
                                                                           Salem, OR 97301

Hearing Officer: Darlene Nelson

Stat. Auth.: ORS 413.042, 414.065 & 2009 OL Ch. 595, Sec. 10–23

Stats. Implemented: ORS 414.065

Proposed Amendments: 410-121-0030, 410-121-0040, 410-121-0146, 410-121-0147, 410-121-0155, 410-121-0157, 410-121-0160, 410-121-0185, 410-121-0200

Proposed Repeals: 410-121-0030(T)

Last Date for Comment: 6-19-11

Summary: The Pharmaceutical Services Program rules (Division 121) govern the Division of Medical Assistance Programs’ (Division) payments for pharmaceutical services and supplies provided to certain clients.

      410-121-0030: The Division temporarily amended this rule effective March 1, 2011, to include the semi-annual update to current Preferred Drug List (PDL) classes and allow exceptions for the dispensing of brand name prescriptions instead of the generic form when a brand manufacturer contracts with the State and the branded product’s Net Price to the Division becomes less than the generic Net price and it is listed as preferred on the PDL With this Notice, the Division will permanently amend this rule and repeal the temporary rule.

      The Division will also amend:

      410-121-0040: PA Criteria class updates related to SNRIs per Drug Utilization Review (DUR) Board recommendations.

      410-121-0146: Revisions to the criteria which determine what maintenance drugs are allowed to be dispensed as 90-day refills

      410-121-0147: Clarification of coverage for certain drug products, nutritional supplements, vitamins, vaccines, and active pharmaceutical ingredients

      410-121-0155: New language relating to program changes to allow pharmacies to be reimbursed for the provision of certain diabetic supplies

      410-121-0157: Inclusion of requirements under the Affordable Care Act for drug manufacturers that participate in the CMS Medicaid Drug Rebate Program that require the Division to collect drug rebates for drugs dispensed by Medicaid Managed Care Organizations

      410-121-0160: Inclusion of terms and conditions for enrolled pharmacies to participate in an annual claims volume survey for dispensing fee determination

      410-121-0185: Changes to billing requirements for pharmacy based immunizations.

      410-121-0200: Billing requirements for reimbursement of certain diabetic supplies

      All above rules will reflect the Division’s agency authority from the Department of Human Services to the Oregon Health Authority and updated statutory reference.

      Other text may be revised to improve readability and to take care of necessary “housekeeping” corrections.

      Proposed rules are available on the DMAP Website: http://
www.dhs.state.or.us/policy/healthplan/rules/notices.html

      For hardcopy requests, call: (503) 947-5081

Rules Coordinator: Darlene Nelson

Address: Oregon Health Authority, Division of Medical Assistance Programs, 500 Summer St. NE, E-35, Salem, OR 97301

Telephone: (503) 945-6927

 

Rule Caption: 7/11 – Expanding access to diabetic supplies by allowing both DMEPOS providers and pharmacies to dispense.

Date:                         Time:                        Location:

6-17-11                  10:30 a.m.             Human Service Bldg., Rm. 137C
                                                                           500 Summer St. NE
                                                                           Salem, OR 97301

Hearing Officer: Darlene Nelson

Stat. Auth.: ORS 413.042 & 414.065

Stats. Implemented: ORS 414.065

Proposed Amendments: 410-122-0520

Last Date for Comment: 6-21-11

Summary: The Durable Medical Equipment, Prosthetics, Orthotics and Supplies Program administrative rules govern Division payments for services to certain clients. The Division will amend this administrative rule governing diabetic supplies to:

      • Accommodate pharmacies as eligible dispensing agents of this supply type;

      • Clarify the requirements of prior authorization and supply limitations;

      • Add new claims submission criteria that are needed to implement this expansion to client access;

      • Reflect the Division’s governing agency change from Department of Human Resources to Oregon Health Authority and update statutory reference.

      • Improve readability and to take care of other necessary “housekeeping” corrections.

      Proposed rules are available on the Division Website: http://www.dhs.state.or.us/policy/healthplan/rules/notices.html

      For hardcopy requests, call: (503) 947-5081

Rules Coordinator: Darlene Nelson

Address: Oregon Health Authority, Division of Medical Assistance Programs, 500 Summer St. NE, E-35, Salem, OR 97301

Telephone: (503) 945-6927

 

Rule Caption: July 1, 2011 – alignment with current licensing board rules.

Date:                         Time:                        Location:

6-17-11                  10:30 a.m.             Human Service Bldg., Rm. 137C
                                                                           500 Summer St. NE
                                                                           Salem, OR 97301

Hearing Officer: Darlene Nelson

Stat. Auth.: ORS 413.042 & 414.065

Stats. Implemented: ORS 413.042 & 414.065

Proposed Amendments: 410-133-0040, 410-133-0080, 410-133-0120

Last Date for Comment: 6-19-11

Summary: The General Rules program administrative rules govern Division payments for services to clients. The Division needs to amend as follows:

      To revise and correct references to OARs sited in the rules listed above to align with the State’s licensing boards.

      All above rules will reflect the Oregon Health Authority name change and updated statutory reference.

      Other text may be revised to improve readability and to take care of necessary “housekeeping” corrections.

      Proposed rules are available on the DMAP Website: http://
www.dhs.state.or.us/policy/healthplan/rules/notices.html

      For hardcopy requests, call: (503) 947-5081

Rules Coordinator: Darlene Nelson

Address: Oregon Health Authority, Division of Medical Assistance Programs, 500 Summer St. NE, E-35, Salem, OR 97301

Telephone: (503) 945-6927

 

Rule Caption: 7/11 – Implement, administer and audit the Oregon Medicaid Electronic Health Record (EHR) Incentive Program.

Date:                         Time:                        Location:

6-17-11                  10:30 a.m.             Human Services Bldg., Rm 137C
                                                                           500 Summer St. NE
                                                                           Salem, OR 97301

Hearing Officer: Darlene Nelson

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 414.025, 414.065 & 409.010

Proposed Adoptions: 410-165-0000, 410-165-0020, 410-165-0040, 410-165-0060, 410-165-0080, 410-165-0100, 410-165-0120, 410-165-0140

Last Date for Comment: 6-21-11

Summary: The Medicaid Electronic Health Record (EHR) Incentive Program administrative rules govern Division of Medical Assistance Programs payments to certain providers. The Division intends to adopt the rules listed above because Section 4201 of the American Reinvestment and Recovery Act of 2009 established a voluntary program to disburse incentive payments to Medicaid providers who adopt, implement, or upgrade, or become meaningful users of certified electronic health record systems.

      These rules outline the Medicaid EHR Incentive Program criteria for participation of eligible professionals and eligible hospitals that adopt, implement, or upgrade, or successfully demonstrate meaningful use of certified electronic health record technology, and are qualified by the program.

      All the above rules will reflect the authorizing agency name change from the Department of Human Services to the Oregon Health Authority updated statutory references.

      Implementation of these rules is pending approval from the Centers for Medicare and Medicaid Services (CMS).

      Proposed rules are available on the DMAP website: http://www.dhs.state.or.us/policy/healthplan/rules/notices.html

      For hardcopy requests, call: (503) 947-5081

Rules Coordinator: Darlene Nelson

Address: Oregon Health Authority, Division of Medical Assistance Programs, 500 Summer St. NE, E-35, Salem, OR 97301

Telephone: (503) 945-6927

 

Rule Caption: 7/11 – Allows the Authority to conduct medical assistance eligibility determinations using OAR chapter 461 medical eligibility rules.

Date:                         Time:                        Location:

6-17-11                  10:30 a.m.             Human Services Bldg., Rm. 137C
                                                                           500 Summer St. NE
                                                                           Salem, OR 97301

Hearing Officer: Darlene Nelson

Stat. Auth.: ORS 413.042

Stats. Implemented: 413.042 & 414.065

Proposed Adoptions: 410-120-0006

Last Date for Comment: 6-21-11, Close of Business

Summary: The General Rules program administrative rules govern Division payments for services to clients. The Division will adopt a new rule (OAR 410-120-0006) to allow the Oregon Health Authority to conduct medical assistance-eligibility determinations using the Department of Human Services’ OAR chapter 461 medical assistance eligibility rules. This rule also allows the appeal processes for Authority determinations to be conducted pursuant to OAR chapter 461, division 25.

Rules Coordinator: Darlene Nelson

Address: Oregon Health Authority, Division of Medical Assistance Programs, 500 Summer St. NE, E-35, Salem, OR 97301

Telephone: (503) 945-6927

Oregon Health Authority,
Public Health Division
Chapter 333

Rule Caption: Amendment of Rules that Govern Accreditation of Environmental Testing Laboratories.

Stat. Auth.: ORS 438.605–438.620, 448.131, 448.150 & 448.280

Stats. Implemented: ORS 438.605–438.620 & 448.280

Proposed Amendments: 333-064-0005, 333-064-0010, 333-064-0015, 333-064-0025, 333-064-0030, 333-064-0035, 333-064-0050, 333-064-0060, 333-064-0065

Last Date for Comment: 6-22-11, 5 p.m.

Summary: The Oregon Health Authority, Public Health Division, Oregon State Public Health Laboratory is proposing to permanent amend Oregon Administrative Rules in chapter 333, division 64 pertaining to accreditation of laboratories. The proposed amendments will: (1) Change the Standard to which ORELAP accredits laboratories from the 2003 National Environmental Laboratory Accreditation Conference (NELAC) Standards to the NELAC Institute (TNI) 2009 Standards; (2) Change from charging assessment fees based on program to matrices, which matches how laboratories are actually accredited to national standards; (3) Add language concerning the accreditation of mobile laboratories as required by the National Environmental Laboratory Accreditation Program (NELAP); (4) Add new technologies to ORELAP’s fields of accreditation; (5) Increase fees to out-of-state laboratories requesting accreditation by Oregon in order to help cover the costs of the program; (6) Make revisions to procedures to reflect revisions to current practices; (7) Add clarifying language to help avoid misinterpretation.

Rules Coordinator: Brittany Sande

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

Telephone: (971) 673-1291

Oregon Health Licensing Agency
Chapter 331

Rule Caption: Define terms used in ORS 676.612 and active military status protocols for authorization holders.

Stat. Auth.: ORS 676.615

Other Auth.: ORS 408.450

Stats. Implemented: ORS 676.607, 676.608 & 408.450

Proposed Adoptions: 331-010-0050

Proposed Amendments: 331-020-0040, 331-020-0070

Last Date for Comment: 6-28-11

Summary: Proposed adoption of 331-010-0050 allows authorization holders in active military status wavier of renewal, fees and continuing education requirements, as well as protocols for restoration of former authorization status.

      Proposed amendment clarifies what constitutes an appearance before the agency during investigations of alleged violations of statutes or rules under the authority of the agency, its boards or councils.

      Proposed amendment defines terms incompetence and negligence used in ORS 676.612 in relation to the boards or council under the Oregon Health Licensing Agency.

Rules Coordinator: Samantha Patnode

Address: Oregon Health Licensing Agency, 700 Summer St. NE, Suite 320, Salem, OR 97301-1287

Telephone: (503) 373-1917

Oregon Medical Board
Chapter 847

Rule Caption: Criminal background checks for employees and applicants for employment and volunteers.

Stat. Auth.: ORS 181.534, 676.303, 677.280

Stats. Implemented: ORS 181.534

Proposed Adoptions: 847-002-0000, 847-002-0005, 847-002-0010, 847-002-0015, 847-002-0020, 847-002-0025, 847-002-0030, 847-002-0035, 847-002-0040, 847-002-0045

Last Date for Comment: 6-22-11

Summary: The proposed rules address the purpose, intent and scope of criminal background checks for employees, applicants and volunteers of the Oregon Medical Board.

Rules Coordinator: Malar Ratnathicam

Address: Oregon Medical Board, 1500 SW 1st Ave., Suite 620, Portland, OR 97201

Telephone: (971) 673-2713

 

Rule Caption: Amend language for reactivation of license for military/public health, renumbers Mandatory Pain Management Education.

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.265 & 677.172

Proposed Amendments: 847-008-0018, 847-008-0050, 847-008-0055, 847-008-0075

Last Date for Comment: 6-22-11

Summary: The proposed amendments allow a licensee who is assigned or employed by the military service for 12 months or less to maintain an active status without changing to Military/Public Health status, simplifies the process for changing to Military/Public Health status, and clarifies the reactivation requirement. Clarifies the process to reinstate or reactivate a license after the registration period has lapsed due to non-renewal. Also clarifies that pain management education hours may be used to fulfill the regularly required CME hours for biennial licensure renewal.

Rules Coordinator: Malar Ratnathicam

Address: Oregon Medical Board, 1500 SW 1st Ave., Suite 620, Portland, OR 97201

Telephone: (971) 673-2713

 

Rule Caption: Requirement of establishing a physician-patient relationship.

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.135, 677.137, 677.139 & 677.141

Proposed Amendments: 847-025-0000

Last Date for Comment: 6-22-11

Summary: The amendment clarifies the requirement of establishing a physician-patient relationship to having in-person contact.

Rules Coordinator: Malar Ratnathicam

Address: Oregon Medical Board, 1500 SW 1st Ave., Suite 620, Portland, OR 97201

Telephone: (971) 673-2713

 

Rule Caption: Change definition to Oregon Health Authority, removes unnecessary language.

Stat. Auth.: ORS 183.205 & 677.245

Stats. Implemented: ORS 183.205 & 682.015

Proposed Amendments: 847-035-0001, 847-035-0025

Last Date for Comment: 6-22-11

Summary: The proposed rules amendment changes the definition of the Emergency Medical Services and trauma Systems of the Public Health of the Department of Human Services to the Emergency Medical Services and trauma Systems Oregon Health Authority. The proposed rule removes unnecessary language and defines the provider levels as prescribed by OAR 333, division 265.

Rules Coordinator: Malar Ratnathicam

Address: Oregon Medical Board, 1500 SW 1st Ave., Suite 620, Portland, OR 97201

Telephone: (971) 673-2713

 

Rule Caption: Updates name of state acupuncture association and includes minor word changes.

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.265, 677.759 & 677.780

Proposed Amendments: 847-070-0050

Last Date for Comment: 6-22-11

Summary: The proposed rules updates the name of the state Acupuncture Association to “Oregon Association of Acupuncture and Oriental Medicine,” and makes minor grammatical changes including changing the word “shall” to “must” within the rule.

Rules Coordinator: Malar Ratnathicam

Address: Oregon Medical Board, 1500 SW 1st Ave., Suite 620, Portland, OR 97201

Telephone: (971) 673-2713

 

Rule Caption: Repealed rules, covered in Division 008, which applies to all Board licensees.

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.184, 677.495, 677.500, 677.510, 677.515, 677.520, 677.535, 677.540 & 677.545

Proposed Repeals: 847-050-0031, 847-050-0032

Last Date for Comment: 6-22-11

Summary: The rules are no longer necessary because the requirement is covered in Division 008, which applies to all Board licensees.

Rules Coordinator: Malar Ratnathicam

Address: Oregon Medical Board, 1500 SW 1st Ave., Suite 620, Portland, OR 97201

Telephone: (971) 673-2713

 

Rule Caption: Repealed rules, covered in Division 008, which applies to all Board licensees.

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.759 & 677.172

Proposed Repeals: 847-070-0018, 847-070-0042

Last Date for Comment: 6-22-11

Summary: The rules are no longer necessary because the requirement is covered in Division 008, which applies to all Board licensees.

Rules Coordinator: Malar Ratnathicam

Address: Oregon Medical Board, 1500 SW 1st Ave., Suite 620, Portland, OR 97201

Telephone: (971) 673-2713

 

Rule Caption: Repealed rules, covered in Division 008, which applies to all Board licensees.

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.172, 676.100 & 677.810

Proposed Repeals: 847-080-0019, 847-080-0020, 847-080-0025

Last Date for Comment: 6-22-11

Summary: The rules are no longer necessary because the requirement is covered in Division 008, which applies to all Board licensees.

Rules Coordinator: Malar Ratnathicam

Address: Oregon Medical Board, 1500 SW 1st Ave., Suite 620, Portland, OR 97201

Telephone: (971) 673-2713

Oregon Patient Safety Commission
Chapter 325

Rule Caption: Establishes the Patient Safety Commission’s 2011–2013 biennial budget by amending OAR 325-005-0015

Date:                         Time:                        Location:

6-27-11                  10 a.m.                    1020 SW Taylor, Suite 700
                                                                           Portland, OR 97205

Hearing Officer: Shannon O’Fallon

Stat. Auth.: ORS 442.820–442.835

Other Auth.: 2003 OL Ch. 686, Sec. 9

Stats. Implemented: ORS 182.462(1) 182.462(2)

Proposed Amendments: 325-005-0015

Last Date for Comment: 6-27-11, 5 p.m.

Summary: In accordance with the rules governing semi-independent state agencies, this action establishes the Patient Safety Commission’s 2011–2013 biennial budget of $1,426,006 by amending OAR 325-005-0015.

Rules Coordinator: Bethany Higgins

Address: Oregon Patient Safety Commission, PO Box 285, Portland, OR 97207-0285

Telephone: (503) 224-9226

Oregon Public Employees Retirement System
Chapter 459

Rule Caption: Repeal redundant Social security Administration rule.

Date:                         Time:                        Location:

6-28-11                  2 p.m.                       PERS Boardroom
                                                                           11410 SW 68th Parkway
                                                                           Tigard, OR

Hearing Officer: Daniel Rivas

Stat. Auth.: ORS 237.470

Stats. Implemented: ORS 237.410, 237.480 & 237.500

Proposed Repeals: 459-020-0040

Last Date for Comment: 7-1-11

Summary: This rule was determined to be unnecessary because the content is already sufficiently covered in state and federal law.

      Copies of the proposed rules are available to any person upon request. The rules are also available at http://www.oregon.gov/
PERS/about_us.shtml. Public comment may be mailed to the above address or sent via email to Daniel.Rivas@state.or.us

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713

Public Utility Commission,
Board of Maritime Pilots
Chapter 856

Rule Caption: Adds reporting obligations, amends disciplinary rules, renumbers remedial actions rule.

Date:                         Time:                        Location:

6-22-11                  10 a.m.                    800 NE Oregon St., Rm. 1-A
                                                                           Portland, OR

Hearing Officer: Board

Stat. Auth.: ORS 776 & 670

Stats. Implemented: ORS 776.115, 670.280 & 670.310

Proposed Adoptions: 856-010-0021

Proposed Amendments: 856-010-0013, 856-010-0035, 856-010-0045

Proposed Ren. & Amends: 856-010-0048 to 856-010-0041

Last Date for Comment: 6-22-11

Summary: The new disciplinary rules require pilots to report information on non-maritime incidents that may be material to whether the Board should continue to license them. The amendments tie the new rules to the existing disciplinary action rules. Preventive, Corrective or Remedial rule language is being renumbered to position it in closer proximity to the rest of the disciplinary rules.

Rules Coordinator: Susan Johnson

Address: Public Utility Commission, Board of Maritime Pilots, 800 NE Oregon St., Suite 507, Portland, OR 97232

Telephone: (971) 673-1530

 

Rule Caption: Amends training requirements and licensing restrictions for the Coos/Yaquina Bay bar pilotage grounds.

Stat. Auth.: ORS 776 & 670

Stats. Implemented: ORS 766.115 & 670.310

Proposed Amendments: 856-010-0010, 856-010-0011

Last Date for Comment: 6-22-11

Summary: Lengthens training requirements for the Yaquina Bay bar pilotage ground and expands restrictions on licenses for both Coos and Yaquina Bay bar pilotage grounds.

Rules Coordinator: Susan Johnson

Address: Public Utility Commission, Board of Maritime Pilots, 800 NE Oregon St., Suite 507, Portland, OR 97232

Telephone: (971) 673-1530

 

Rule Caption: Amends vessel length restriction for Grade “C” license holders on the Columbia-Willamette River pilotage ground.

Stat. Auth.: ORS 776 & 670

Stats. Implemented: ORS 776.115 & 670.310

Proposed Amendments: 856-010-0010, 856-010-0012

Last Date for Comment: 6-22-11

Summary: The number of vessels that meet the current length restrictions for limited license holders has been continually declining. The proposed amendment to increase the length restriction from under 570 feet to under 600 feet will allow “C” license holders better opportunity to accumulate the required number of transits within the time allotted to qualify for a license upgrade.

Rules Coordinator: Susan Johnson

Address: Public Utility Commission, Board of Maritime Pilots, 800 NE Oregon St., Suite 507, Portland, OR 97232

Telephone: (971) 673-1530

 

Rule Caption: Establishes a process to file complaints with the Board; housekeeping.

Stat. Auth.: ORS 776 & 670

Stats. Implemented: ORS 776.115 & 670.310

Proposed Adoptions: 856-010-0031

Proposed Amendments: 856-010-0015, 856-010-0022

Last Date for Comment: 6-22-11

Summary: A new rule that establishes a process to file complaints with the Board and a process for their disposition. Housekeeping is for two rules to make their language consistent with other provisions.

Rules Coordinator: Susan Johnson

Address: Public Utility Commission, Board of Maritime Pilots, 800 NE Oregon St., Suite 507, Portland, OR 97232

Telephone: (971) 673-1530

 

Rule Caption: Establishes rules for the Transportation Oversight Committee created by Board Order No. 10-02.

Stat. Auth.: ORS 776 & 670

Stats. Implemented: ORS 776.15 & 670.310

Proposed Adoptions: 856-030-0040

Last Date for Comment: 6-22-11

Summary: Establishes rules for the Transportation Oversight Committee (TOC), who will make recommendations to the Board for annual adjustments to the transportation system cost component of the tariff funding the pilotage system for the Columbia River Bar pilotage ground.

Rules Coordinator: Susan Johnson

Address: Public Utility Commission, Board of Maritime Pilots, 800 NE Oregon St., Suite 507, Portland, OR 97232

Telephone: (971) 673-1530

Teacher Standards and Practices Commission
Chapter 584

Rule Caption: Adopts Scope of Administrator licensure and amends Social Worker license requirements. Clarifies definitions and fees and corrects housekeeping issues.

Date:                         Time:                        Location:

6-22-11                  1–3 p.m.                 TSPC Office
                                                                           465 Commercial St. NE
                                                                           Salem, OR 97301

Hearing Officer: Lynn Beaton

Stat. Auth.: ORS 342

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

Proposed Adoptions: 584-080-0008

Proposed Amendments: 584-005-0005, 584-036-0055, 584-060-0062, 584-070-0411, 584-070-0421, 584-070-0431, 584-080-0012

Last Date for Comment: 7-21-11, 2 p.m.

Summary: ADOPT: 584-080-0008 – Scope of Administrator Licenses – Adopts new rule regarding the scope of Administrator Licenses.

      AMEND: 584-005-0005 – Definitions – Clarifies the definition and scope of administrator licenses.

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

      584-060-0062 – Adding Endorsements to Initial  or Continuing Teaching Licenses – Corrects paragraph numbering inconsistency found in rule.

      584-070-0411 – Initial School Social Worker License – Accredited master’s degree required but eliminates the requirement to also hold an accredited bachelor’s degree. Clarifies that School Social Workers may not refer to themselves as a School Counselor or School Psychologist.

      584-070-0421 – Continuing School Social Worker License – Accredited master’s degree required but eliminates the requirement to also hold an accredited bachelor’s degree. Eliminates the need to hold an active license with the Oregon Board of Licensed Social Workers.

      584-080-0012 – Initial Administrator License (IAL) – Clarifies requirements for renewal of IAL’s issued prior to or after August 1, 2011.

      584-070-0431 – Transitional School Social Worker License for First Time Out-of-State Applicants – Clarifies that applicants who complete an Oregon program may not obtain this license. Requirements include applicant must have out-of-state license if completed an out-of-state school social worker program.

Rules Coordinator: Lynn Beaton

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

Telephone: (503) 373-0981

 

Rule Caption: Adopts License for Conditional Assignment (LCA) rule.

Date:                         Time:                        Location:

7-21-11                  11 a.m.                    University of Portland
                                                                           5000 N. Willamette Blvd.,
                                                                           Portland, OR

Hearing Officer: Lynn Beaton

Stat. Auth.: ORS 342

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

Proposed Adoptions: 584-060-0250

Last Date for Comment: 7-21-11, 2 p.m.

Summary: ADOPT: 584-060-0250 – License for Conditional Assignment (LCA) A new license to replace the more informal Conditional Assignment Permit (CAP). Allows school districts to misassign educators until educators complete requirements for adding endorsements. Intent is to continue to allow school districts to electronically request this immediate misassignment.

Rules Coordinator: Lynn Beaton

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

Telephone: (503) 373-0981

Veterinary Medical Examining Board
Chapter 875

Rule Caption: Correct Language to clarify the rule.

Stat. Auth.: ORS 686.210

Stats. Implemented: ORS 686.040 & 676.370

Proposed Amendments: 875-015-0030

Last Date for Comment: 6-30-11

Summary: Language correction from “or” to “of” clarifying the meaning of the rule.

Rules Coordinator: Lori V. Makinen

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

Telephone: (971) 673-0224

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

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

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

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