Oregon Bulletin
July 1, 2011
NOTICES OF PROPOSED RULEMAKING AND
PROPOSED RULEMAKING HEARINGS
The following agencies provide Notice of Proposed Rulemaking to offer interested parties reasonable opportunity to submit data or views on proposed rulemaking activity. To expedite the rulemaking process, many agencies have set the time and place for a hearing in the notice. Copies of rulemaking materials may be obtained from the Rules Coordinator at the address and telephone number indicated.
Public comment may be submitted in writing directly to an agency or presented orally or in writing at the rulemaking hearing. Written comment must be submitted to an agency by 5:00 p.m. on the Last Day for Comment listed, unless a different time of day is specified. Written and oral comments may be submitted at the appropriate time during a rulemaking hearing as outlined in OAR 137-001-0030.
Agencies providing notice request public comment on whether other options should be considered for achieving a proposed administrative rule's substantive goals while reducing negative economic impact of the rule on business.
In Notices of Proposed Rulemaking where no hearing has been set, a hearing may be requested by 10 or more people or by an association with 10 or more members. Agencies must receive requests for a public rulemaking hearing in writing within 21 days following notice publication in the Oregon Bulletin or 28 days from the date notice was sent to people on the agency mailing list, whichever is later. If sufficient hearing requests are received by an agency, notice of the date and time of the rulemaking hearing must be published in the Oregon Bulletin at least 14 days before the hearing.
*Auxiliary aids for persons with disabilities are available upon advance request. Contact the agency Rules Coordinator listed in the notice information.
Rule Caption: Outlines licensing requirements; designates accrediting bodies; clarifies
SLPA supervisor qualifications; clarifies reporting requirements.
Date: Time: Location:
7-20-11 10
a.m. 800
NE Oregon St., Rm. 445
Portland,
OR 97232
Hearing
Officer: Sandy
Leybold
Stat.
Auth.: ORS 681
Stats.
Implemented: ORS 681
& 676
Proposed
Adoptions: 335-060-0006, 335-060-0007
Proposed
Amendments: 335-010-0005, 335-005-0010, 335-080-0005, 335-080-0010, 335-080-0015,
335-080-0025, 335-095-0030, 335-095-0040, 335-095-0050
Last Date
for Comment: 8-1-11
Summary: • Outlines educational and other
requirements for licensure of speech-language pathologists (SLPs) and
audiologists to be consistent with updated American Speech-Language Hearing
Association (ASHA) standards.
• Specifies
requirements for all licensees regarding English language fluency.
• Specifies
approved accrediting bodies for training programs.
• Clarifies SLPA
supervision requirements and reporting guidelines.
• Lists
qualifications for SLPA supervision by SLPs licensed by Board or Teacher
Standards and Practices Commission.
• Conforms rules
to changes in ORS 681 made in 2011 and ORS 676 made in 2009 Legislative
Session.
• Changes
miscellaneous text for clarity.
Rules
Coordinator: Sandy
Leybold
Address: Board of Examiners for Speech-Language Pathology and
Audiology, 800 NE Oregon St., Suite 407, Portland, OR 97232
Telephone: (971) 673-0220
Rule Caption: Allows certain non-licensed cardiac professional to position a patient
during irradiation, under supervision of physician.
Stat. Auth.: ORS
688.405–688.605
Stats. Implemented:
Proposed Amendments: 337-010-0006
Last Date for Comment: 7-21-11
Summary: Under current rules, a person who positions a patient during medical imaging is
required to be licensed by the Oregon Board of Medical Imaging. This proposed
rule amends Board of Medical Imaging administrative rules to additionally allow
for limited positioning (moving the table) of a patient during medical imaging
examination or radiation therapy by a person who does not possess an Oregon
medical imaging license, so long as the person who positions the patient is
registered by Cardiovascular Credentialing International as a Cardiac
Electrophysiology Specialist or Cardiac Invasive Specialist, and so long as the
specialist is operating under the direct supervision of the licensed physician
who is in the same room and who is supervising the imaging.
Submit comments
via email to ed.conlow@state.or.us or through regular mail to Ed Conlow,
Executive Director, Oregon Board of Medical Imaging, 800 NE Oregon St,
Portland, OR 97232.
Rules Coordinator: Ed Conlow
Address: Board of Medical Imaging, 800 NE Oregon St.,
Portland, OR 97232
Telephone: (971) 673-0216
Rule Caption: Expand and revise the list of definitions related to licensing,
practice, and regulation of optometry.
Date: Time: Location:
8-12-11 1
p.m. 1900
Hines St. SE
Salem,
OR 97309
Hearing
Officer: Robert
Mans, OD
Stat.
Auth.: ORS 683
& 182
Stats.
Implemented: ORS
182.468, 683.010 & 683.335
Proposed
Amendments: 852-001-0002
Last Date
for Comment: 8-11-11
Summary: The Board has determined that an
expanded list of definitions would provide more information concerning the
licensing, standards of practice, and regulation of optometry to both the
Board’s licensees and to the public, particularly patients. Providing this
information would further the Board’s primary mission of protecting the public.
Rules
Coordinator: Kelly
Paige
Address: Board of Optometry, PO Box 13967, Salem, OR 97309
Telephone: (503) 399-0662, ext. 23
Rule Caption: Add language to Records rule regarding custody of patient records.
Date: Time: Location:
8-12-11 1
p.m. 1900
Hines St. SE
Salem,
OR 97309
Hearing
Officer: Robert Mans,
OD
Stat.
Auth.: ORS 683
& 182
Stats.
Implemented: ORS
683.140(c) & 182.466
Proposed
Amendments: 852-010-0051
Last Date
for Comment: 8-11-11
Summary: The Board has determined that, in
certain circumstances, the Board may require that patient records be
temporarily transferred to the custody of the Board.
Rules
Coordinator: Kelly
Paige
Address: Board of Optometry, PO Box 13967, Salem, OR 97309
Telephone: (503) 399-0662, ext. 23
Rule Caption: Revise the Failure to Notify the Board of Practice Location fee on the
Schedule of Fees.
Date: Time: Location:
8-12-11 1
p.m. 1900
Hines St. SE
Salem,
OR 97309
Hearing
Officer: Robert
Mans, OD
Stat.
Auth.: ORS 683,
182 & 431
Stats.
Implemented: ORS
683.270, 182.466 & 431.972
Proposed
Amendments: 852-010-0080
Last Date
for Comment: 8-11-11
Summary: The Board has determined that the
fee for Failure to notify the Board of Practice Locations should be reduced to
$50 per occurrence instead of a graduated fee requiring costly administrative
oversight.
Rules
Coordinator: Kelly
Paige
Address: Board of Optometry, PO Box 13967, Salem, OR 97309
Telephone: (503) 399-0662, ext. 23
Rule Caption: Amends language regarding the fee for lapsed CPR certification.
Date: Time: Location:
8-12-11 1
p.m. 1900
Hines St. SE
Salem,
OR 97309
Hearing
Officer: Robert
Mans, OD
Stat.
Auth.: ORS 683,
182 & 431
Stats.
Implemented: ORS
683.070, 683.100, 683.120, 683.270, 182.466 & 431.972
Proposed
Amendments: 852-050-0006
Last Date
for Comment: 8-11-11
Summary: The Board has determined that it
may require the payment of a fee if CPR certification lapsed at any time during
the licensing period. However, if the lapse is only discovered at renewal, but
the certification is current at the time of renewal, the license must be
issued.
Rules
Coordinator: Kelly
Paige
Address: Board of Optometry, PO Box 13967, Salem, OR 97309
Telephone: (503) 399-0662, ext. 23
Rule Caption: Revise language regarding Failure to Notify the Board of Practice
Location fee.
Date: Time: Location:
8-12-11 1
p.m. 1900
Hines St. SE
Salem,
OR 97309
Hearing
Officer: Robert
Mans, OD
Stat.
Auth.: ORS 683
& 182
Stats.
Implemented: ORS
683.070, 683.100, 683.120 & 683.270
Proposed
Amendments: 852-050-0016
Last Date
for Comment: 8-11-11
Summary: The Board has determined that the
fee for Failure to notify the Board of Practice Locations should be reduced to
$50 per occurrence instead of a graduated fee requiring costly administrative
oversight.
Rules
Coordinator: Kelly
Paige
Address: Board of Optometry, PO Box 13967, Salem, OR 97309
Telephone: (503) 399-0662, ext. 23
Rule Caption: Deletes obsolete fee language.
Date: Time: Location:
8-12-11 1
p.m. 1900
Hines St. SE
Salem,
OR 97309
Hearing
Officer: Robert
Mans, OD
Stat.
Auth.: ORS
683.210 & 182.466
Stats.
Implemented:
Proposed
Repeals: 852-070-0040
Last Date
for Comment: 8-11-11
Summary: Other Oregon Administrative Rules
in this Chapter were amended that made this rule obsolete. This fee was
formerly a distinct fee, but it has been absorbed into the Active status
renewal license fee, and removed from the Fee Schedule.
Rules
Coordinator: Kelly
Paige
Address: Board of Optometry, PO Box 13967, Salem, OR 97309
Telephone: (503) 399-0662, ext. 23
Rule Caption: Noxious weed regulation including responsibilities for “A” and “B”
weeds.
Date: Time: Location:
7-22-11 11
a.m. Oregon
Dept. of Agriculture,
Hearings
Rm.
635
Capitol St. NE
Salem,
OR 97301
Hearing
Officer: Stephanie
Page
Stat.
Auth.: ORS
561.190, 561.510 & 569
Other
Auth.: ORS
570.305
Stats.
Implemented: ORS
561.510
Proposed
Amendments: 603-052-1200
Last Date
for Comment: 7-29-11
Summary: Oregon’s Noxious Weed Statutes
were consolidated and updated in ORS 569 in 2009. The proposed amendments to
the noxious weed quarantine clarify the responsibilities of ODA, County Weed
Inspectors and landowners relative to “A” and “B” weeds. “A” weeds are targets
for exclusion and/or early detection and rapid response (EDRR). “B” weeds are
targeted for management on a priority basis as resources allow. Changes to the
list, deletes: skeleton leaf bursage, Texas blueweed, giant horsetail and
quackgrass; adds Spanish heath and creeping water primrose.
Rules
Coordinator: Sue Gooch
Address: Department of Agriculture, 635 Capitol St. NE,
Salem, OR 97301
Telephone: (503) 986-4583
Rule Caption: Inland Rogue Agricultural Water Quality Management Area Rules.
Date: Time: Location:
8-2-11 7
p.m. USDA
Service Center Conf. Rm.
573
Parsons Dr. #102
Medford,
OR 97501
8-3-11 7
p.m. Josephine
Co. Office Bldg.
102
S. Redwood Hwy.
Cave
Junction, OR 97523
Hearing
Officer: Staff
Stat.
Auth.: ORS
561.190–561.191 & 568.912
Stats.
Implemented: ORS
568.900–568.933
Proposed
Adoptions: 603-095-1460
Proposed
Amendments: 603-095-1400,
603-095-1420, 603-095-1440
Proposed
Repeals: 603-095-0200, 603-095-095-0220, 603-095-0240, 603-095-0260, 603-095-0280
Last Date
for Comment: 8-12-11
Summary: The Rules effectuate the
implementation of the Inland Rogue Agricultural Water Quality Management Area
Plan developed under ORS 568.900 though 568.933 and OAR chapter 603, division
90.
Rules
Coordinator: Sue Gooch
Address: Department of Agriculture, 635 Capitol St. NE,
Salem, OR 97301
Telephone: (503) 986-4583
Rule Caption: Develops criteria exempting persons from pesticide licensing for
specified pesticide applications in residential landscapes.
Date: Time: Location:
8-4-11 9
a.m. Dept.
of Agriculture
635
Capitol St. NE
Salem,
OR 97301
Hearing
Officer: Dan
Hilburn
Stat.
Auth.: ORS 634
Stats.
Implemented: ORS 634
Proposed
Adoptions: 603-057-0220
Proposed
Amendments: 603-057-0110
Last Date
for Comment: 8-12-11, 5
p.m.
Summary: This rule implements the
licensing exemption described in ORS 634.106(5). It limits the persons that
qualify for the exemption by designating pesticides that are authorized to be
used or applied in specified circumstances, and by designating pesticides that
are prohibited from use or application. Clarifying the criteria as to who
qualifies for an exemption from pesticide licensing and under what conditions,
has been a goal of the department for many years. Uncertainty in statute
interpretation has resulted in and “uneven playing field” for the companies
competing for common business. This section of the statute has also presented
challenges in enforcement without further clarification provided in
administrative rule.
For the consumer,
being able to hire either a licensed pesticide applicator or a person who
qualifies for the exemption from pesticide licensing allows them a choice of
the person they could hire to conduct such business on their property. A person
who will be exempt from licensing is limited in the types of pesticides they
may apply and limited to the type of property they may make pesticide
applications, Person exempt from pesticide licensing are not required to
demonstrate a minimum level of competency related to pesticide application
activities nor meet continuing education/recertification requirements as
required of persons subject to pesticide licensing requirements.
Rules
Coordinator: Sue Gooch
Address: Department of Agriculture, 635 Capitol St. NE,
Salem, OR 97301
Telephone: (503) 986-4583
Rule Caption: Modifications to Sudden Oak Death Quarantine.
Date: Time: Location:
7-26-11 6
p.m. Chetco
Community Public Library
405
Alder St.
Brookings,
OR
Hearing
Officer: Janet
Fults
Stat.
Auth.: ORS
561.190 & 561.510
Other
Auth.: ORS
570.305
Stats.
Implemented: ORS
561.510
Proposed
Amendments: 603-052-1230
Last Date
for Comment: 7-29-11
Summary: The sudden oak death (Phytopthora
ramorum) program in Curry County is transitioning from an eradication
program to a slow-the-spead program. The proposed amendment would allow
different response actions depending on whether the infected site was inside
the generally- infected core area or isolated from it. Isolated sites would
continue to be eradicated, subject to available funds. Inside the
generally-infected core area, the goal would be disease suppression.
Rules
Coordinator: Sue Gooch
Address: Department of Agriculture, 635 Capitol St. NE,
Salem, OR 97301
Telephone: (503) 986-4583
Rule Caption: Housekeeping amendments to update scientific names of threatened or
endangered plants.
Stat. Auth.: ORS
561.190
Stats. Implemented: ORS 564.110
Proposed Amendments: 603-073-0070
Last Date for Comment: 7-29-11
Summary: Update scientific names for nine species of threatened or endangered plants:
pink sand-verbena, northern wormwood, Snake River goldenweed, Cusick’s lupine,
rough popcornflower, white-topped aster, wayside aster, barren milk-vetch, and
Oregon or Kincaid’s lupine. Eliminate Dallas Mountain buttercup, Ranunculus
reconditis, from the list of endangered plants as this species is no longer
considered taxonomically valid.
Rules Coordinator: Sue Gooch
Address: Department of Agriculture, 635 Capitol St. NE,
Salem, OR 97301
Telephone: (503) 986-4583
Rule Caption: Adopting consumer disclosure requirement for individual and small
employer health benefit plan rate filings.
Date: Time: Location:
8-9-11 10
a.m.* Labor
& Industries Bldg.
Conference
Rm.
350
Winter St. NE,
Salem,
OR
Hearing Officer: John Atkins
Stat.
Auth.: ORS
731.244, 743.018, 743.019, 743.020
Other
Auth.: ORS
743.018, 743.019 & 743.020
Stats.
Implemented: ORS
742.003, 742.005, 742.007, 743.018, 743.019, 743.020, 743.030 & 743.067
Proposed
Amendments: 836-053-0471
Last Date for
Comment: 8-16-11
Summary: *Note: The hearing will begin at
10 a.m. and end when all present who wish to testify have done so.
This rule
amendments will require health insurers to include, as a component of a small
employer or individual health benefit plan rate filing, a document containing,
among other important disclosures, summary information breaking down the
expenditure of premium contributions, and further breaking down expenditures on
medical claims. The Department of Consumer and Business Services intends to
reference a federal form that contains these and other disclosures, which
insurers will already be required to submit for certain rate filings.
The department
requests public comment on the content of the federal document and whether it
will meet the needs of the department and consumers to clarify the basis for a
rate change, including information about medical claims costs and a breakdown
of insurer expenditures that make up the average rate. The department would
also request comments on the administrative costs of implementing this
requirement.
Rules
Coordinator: Sue Munson
Address: Department of Consumer and Business Services,
Insurance Division, 350 Winter St. NE, Salem, OR 97301
Telephone: (503) 947-7272
Rule Caption: Reporting of e-mail addresses for insurers, self-insured employers, and
service companies (TPAs).
Date: Time: Location:
7-25-11 9
a.m.* Labor
& Industries Bldg., Rm. F
350
Winter Street NE
Salem,
OR
Hearing
Officer: Fred
Bruyns
Stat.
Auth.: ORS
656.726(4), 656.430, 656.455 & 731.475
Stats.
Implemented: ORS 656,
656.430, 656.455 & 731.475
Proposed Amendments: 436-050-0110, 436-050-0160,
436-050-0210, 436-050-0220, 436-050-0230, 436-050-0260
Last Date
for Comment: 7-29-11
Summary: *NOTE: The hearing will begin at
9:00 a.m. and end when all present who wish to testify have done so. Written
testimony will be accepted through July 29, 2011.
The agency
proposes to amend OAR chapter 436, division 050 to require Oregon workers’
compensation insurers and self-insured employers to report to the director
e-mail addresses for their organizations and any service companies (TPAs) that
service their claims. The proposed rules also include some “housekeeping”
changes to enhance clarity: use of plain-language and minor reorganization.
Address questions
or requests for paper copies of the rules to: Fred Bruyns, Rules Coordinator;
phone 503-947-7717; fax 503-947-7514; e-mail fred.h.bruyns@state.or.us.
Proposed rules are available on the Workers’ Compensation Division’s website:
http://wcd.oregon.gov/policy/rules/rules.html#proprules
Rules
Coordinator: Fred
Bruyns
Address: Department of Consumer and Business Services,
Workers’ Compensation Division, PO Box 14480, Salem, OR 97309-0405
Telephone: (503) 947-7717
Rule Caption: Capital Punishment (Death by Lethal Injection).
Stat. Auth.: ORS
137.463, 137.473, 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075
Proposed Amendments: 291-024-0005 – 291-024-0090
Last Date for Comment: 8-5-11
Summary: On May 18, 2011, Marion County Circuit Court Judge Joseph C. Guimond issued a
Death Warrant in State v. Gary Haugen, Marion County Circuit Court Case
No. 04C46224, authorizing and commanding the Superintendent of the Oregon State
Penitentiary to execute the court’s judgment that defendant Gary Haugen be
punished by death. Adoption of these rule amendments is necessary in order for
ODOC to conform to its rules to ODOC’s current organizational structure and
personnel, to conform to the existing rule regarding media interviews with
condemned inmates to ODOC policies regarding the same as established n ODOC’s
rule on Media Access to Designated Inmates, OAR 291-204-0060, and to make
desired changes in operational policies and procedures, including changing the
time of day that executions will be carried out by the Superintendent.
Rules Coordinator: Janet R. Worley
Address: Department of Corrections, 2575 Center St. NE,
Salem, OR 97301-4667
Telephone: (503) 945-0933
Rule Caption: Prohibited Inmate Conduct and Processing Disciplinary Actions.
Stat. Auth.: ORS
179.040, 421.068, 421.180, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 421.068, 421.180, 421.185, 421.190, 423.020, 423.030 &
423.075
Proposed Amendments: 291-105-0005 – 291-105-0100
Last Date for Comment: 8-5-11
Summary: The rule violations for inmate misconduct were revised significantly in June,
2009. Staff has expressed concern in the application of certain rule violation.
There rule amendments are necessary to define terms; clarify and update rule
violations; add a provision authorizing designated Department officials in the
interest of justice, to withdraw an inmate disciplinary order and direct that a
hearing be reopened for a Department hearings officer to reconsider new or additional
evidence; and address a number of housekeeping issues.
Rules Coordinator: Janet R. Worley
Address: Department of Corrections, 2575 Center St. NE,
Salem, OR 97301-4667
Telephone: (503) 945-0933
Rule Caption: Correctional Case Management of Inmates.
Stat. Auth.: ORS
179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Proposed Adoptions: 291-207-0005 – 291-097-0030
Last Date for Comment: 8-5-11
Summary: These rules are necessary to establish uniform business for case management of
DOC inmates from admission to release, targeting resources to those inmates
most likely to recidivate using the Oregon Accountability Model and
evidence-based practices.
Rules Coordinator: Janet R. Worley
Address: Department of Corrections, 2575 Center St. NE,
Salem, OR 97301-4667
Telephone: (503) 945-0933
Rule Caption: Amendments regarding harvest of game birds, season dates, open areas and
bag limits.
Date: Time: Location:
8-5-11 8
a.m. 3406
Cherry Ave. NE
Salem,
OR 97303
Hearing
Officer: Fish &
Wildlife Commission
Stat.
Auth.: ORS
496.012, 496.138, 486.146, 496,162 & 498.002
Stats.
Implemented: ORS
496.012, 496.138, 486.146, 496,162 & 498.002
Proposed
Amendments: Rules in
635-008, 635-010, 635-043, 635-045, 635-051, 635-052, 635-053, 635-054, 635-060
Last Date
for Comment: 8-5-11
Summary: Amend rules regarding the harvest
of game birds including 2011-2012 season dates, open areas, regulations and bag
limits. Amend rules regarding wildlife harassment permit if using a dog to
harass migratory birds.
Rules
Coordinator: Therese
Kucera
Address: Department of Fish and Wildlife, 3406 Cherry Ave.
NE, Salem, OR 97303
Telephone: (503) 947-6033
Rule Caption: Amend Rules Related to the Public Process for Angling Regulation
Development.
Date: Time: Location:
8-5-11 8
a.m. Dept.
of Fish & Wildlife
Commission
Rm.
3406
Cherry Ave. NE.
Salem,
OR 97303
Hearing
Officer: Fish &
Wildlife Commission
Stat.
Auth.: ORS
496.138, 496.146 & 506.119
Stats.
Implemented: ORS
496.162 & 506.129
Proposed
Adoptions: Rules in
635-011
Proposed
Amendments: Rules in
635-011
Proposed
Repeals: Rules in
635-011
Last Date
for Comment: 8-5-11
Summary: Amended rules relate to the
5-step public process for angling regulation development and promulgation.
Housekeeping and technical corrections to the regulations may occur to ensure
rule consistency.
Rules
Coordinator: Therese
Kucera
Address: Department of Fish and Wildlife, 3406 Cherry Ave.
NE, Salem, OR 97303
Telephone: (503) 947-6033
Rule Caption: Amend rules related to 2012 Oregon Sport Fishing Regulations.
Date: Time: Location:
8-5-11 8
a.m. Dept.
of Fish & Wildlife
Commission
Rm.
3406
Cherry Ave. NE
Salem,
OR 97303
Hearing
Officer: Fish &
Wildlife Commission
Stat.
Auth.: ORS
496.138, 496.146, 496.162, 497.121 & 506.119
Stats.
Implemented: ORS
496.004, 496.009, 496.138, 496.146, 496.162 & 506.129
Proposed
Adoptions: Rules in
635-011, 635-013, 635-014, 635-016, 635-017, 635-018, 635-019, 635-021,
635-023, 635-039
Proposed
Amendments: Rules in
635-011, 635-013, 635-014, 635-016, 635-017, 635-018, 635-019, 635-021,
635-023, 635-039
Proposed
Repeals: Rules in
635-011, 635-013, 635-014, 635-016, 635-017, 635-018, 635-019, 635-021,
635-023, 635-039
Last Date
for Comment: 8-5-11
Summary: Amended rules to adopt sport
fishing regulations for finfish, shellfish, and marine invertebrates for 2012.
Housekeeping and
technical corrections to the regulations may occur to ensure rule consistency.
Rules
Coordinator: Therese
Kucera
Address: Department of Fish and Wildlife, 3406 Cherry Ave.
NE, Salem, OR 97303
Telephone: (503) 947-6033
Rule Caption: Amend Rules Relating to Falconry Licenses, Permits and Requirements.
Date: Time: Location:
8-5-11 8
a.m. 3406
Cherry Ave. NE
Salem,
OR 97303
Hearing
Officer: Fish &
Wildlife Commission
Stat.
Auth.: ORS
496.012, 496.112, 496.138, 496.146 & 496.162
Stats.
Implemented: ORS
496.012, 496.112, 496.138, 496.146 & 496.162
Proposed
Amendments: Rules in
635-055
Last Date
for Comment: 8-5-11
Summary: Amend rules relating to falconry
licenses, permits and requirements to be in compliance with new federal
regulations.
Rules
Coordinator: Therese
Kucera
Address: Department of Fish and Wildlife, 3406 Cherry Ave.
NE, Salem, OR 97303
Telephone: (503) 947-6033
Rule Caption: Rules for Oregon’s Upper Willamette River Conservation and Recovery Plan
for Chinook Salmon and Steelhead.
Date: Time: Location:
8-5-11 8
a.m. Dept.
of Fish & Wildlife
Commission
Rm.
3406
Cherry Ave. NE
Salem,
OR 97303
Hearing
Officer: Fish &
Wildlife Commission
Stat.
Auth.: ORS
496.138, 496.146 & 506.119
Other
Auth.: Native
Fish Conservation Policy (OAR 635-007-0502–0509); Federal Endangered
Species Act
Stats.
Implemented: ORS
496.162, 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: 8-5-11
Summary: Adopt or amend rules, as
necessary, relating to the Upper Willamette River Conservation and Recovery
Plan for Chinook Salmon and Steelhead.
Housekeeping and
technical corrections to the regulations may occur to ensure rule consistency.
Rules
Coordinator: Therese
Kucera
Address: Department of Fish and Wildlife, 3406 Cherry Ave.
NE, Salem, OR 97303
Telephone: (503) 947-6033
Rule Caption: Rules for Oregon’s Lower Columbia River White Sturgeon Conservation
Plan.
Date: Time: Location:
8-5-11 8
a.m. Dept.
of Fish & Wildlife
Commission
Rm.
3406
Cherry Ave. NE
Salem,
OR 97303
Hearing
Officer: Fish &
Wildlife Commission
Stat.
Auth.: ORS
496.138, 496.146 & 506.119
Other
Auth.: Native
Fish Conservation Policy (OAR 635-007-0502–0509)
Stats.
Implemented: ORS
506.109
Proposed
Adoptions: Rules in
635-500
Proposed
Amendments: Rules in
635-500
Proposed
Repeals: Rules in
635-500
Last Date
for Comment: 8-5-11
Summary: Adopt or amend rules, as
necessary, relating to the Lower Columbia River White Sturgeon Conservation
Plan.
Housekeeping and
technical corrections to the regulations may occur to ensure rule consistency.
Rules
Coordinator: Therese
Kucera
Address: Department of Fish and Wildlife, 3406 Cherry Ave.
NE, Salem, OR 97303
Telephone: (503) 947-6033
Rule Caption: Changing OARs affecting Child Welfare programs.
Date: Time: Location:
7-21-11 8:30
a.m. 500
Summer St. NE, Rm. 257
Salem,
OR
Hearing
Officer: Annette
Tesch
Stat.
Auth.: ORS
418.005
Stats.
Implemented: ORS
418.005
Proposed
Amendments: 413-070-0514, 413-070-0516, 413-070-0518, 413-070-0519
Last Date
for Comment: 7-25-11, 5
p.m.
Summary: OAR 413-070-0514 about working
with a child’s team regarding a permanency plan and concurrent permanency plan
is being amended to clarify the individual who can make a decision on behalf of
the Department to change a child’s permanency plan to APPLA prior to
approaching the court. This rule is also being amended to clarify when a
caseworker must determine the Department has taken action on potential
permanency resources prior to considering a change in the permanency plan.
OAR 413-070-0516
about the use of a permanency committee is being amended to clarify and
reference an exception to the process described in these rules to use a
permanency committee to make a recommendation that a foster parent be
considered as a child’s potential adoptive resource.
OAR 413-070-0518
about the composition, scheduling, responsibilities, and recommendation of the
permanency committee is being amended to modify its description of who is
considered a member of the permanency committee and broaden the individuals who
may be invited to come and present information to the permanency committee.
OAR 413-070-0519
about the decision of the permanency committee and the notice of that decision
is being amended to modify the rule title to better match the content of the
rule.
These four rules
are also being amended to make permanent the temporary rule changes adopted on
March 22, 2011.
In addition, the
above rules may also be changed to reflect new Department terminology and to
correct formatting and punctuation.
Written comments
may be submitted until July 25, 2011 at 5:00 p.m. Written comments may be
submitted via e-mail to Annette.Tesch@state.or.us, faxed to 503-373-7032, or
mailed to Annette Tesch, Rules Coordinator, DHS - Children, Adults, and
Families Division, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The
Department provides the same consideration to written comment as it does to any
oral or written testimony provided at the public hearing.
Rules
Coordinator: Annette
Tesch
Address: Department of Human Services, Children, Adults and
Families Division: Child Welfare Programs, 500 Summer St. NE, E-48, Salem, OR
97301-1066
Telephone: (503) 945-6067
Rule Caption: Changing OARs affecting Child Welfare programs.
Date: Time: Location:
7-21-11 8:30
a.m. 500
Summer St. NE, Rm. 257
Salem,
OR
Hearing
Officer: Annette
Tesch
Stat.
Auth.: ORS
418.005
Stats.
Implemented: ORS
418.005 & 419A.004
Proposed
Amendments: 413-070-0550
Last Date
for Comment: 7-25-11, 5
p.m.
Summary: OAR 413-070-0550 about the
approval and implementation of an APPLA permanency plan is being amended to
clarify the individual who can make a decision on behalf of the Department to
change a child’s permanency plan to APPLA prior to approaching the court. This
rule is also being amended to make permanent the temporary rule changes adopted
on March 22, 2011.
In addition, the
above rule may also be changed to reflect new Department terminology and to
correct formatting and punctuation.
Written comments
may be submitted until July 25, 2011 at 5:00 p.m. Written comments may be
submitted via e-mail to Annette.Tesch@state.or.us, faxed to 503-373-7032, or
mailed to Annette Tesch, Rules Coordinator, DHS - Children, Adults, and
Families Division, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The
Department provides the same consideration to written comment as it does to any
oral or written testimony provided at the public hearing.
Rules
Coordinator: Annette
Tesch
Address: Department of Human Services, Children, Adults and
Families Division: Child Welfare Programs, 500 Summer St. NE, E-48, Salem, OR
97301-1066
Telephone: (503) 945-6067
Rule Caption: Changing OARs affecting Child Welfare programs.
Date: Time: Location:
7-21-11 8:30
a.m. 500
Summer St. NE, Rm. 257
Salem,
OR
Hearing
Officer: Annette
Tesch
Stat.
Auth.: ORS
418.005
Stats.
Implemented: ORS
418.005 & 419B.192
Proposed
Amendments: 413-110-0132
Last Date
for Comment: 7-25-11, 5
p.m.
Summary: OAR 413-110-0132 about the
process to be followed and considerations to be made when separating siblings
for purposes of adoption is being amended to clarify when the Department
utilizes a permanency committee process for seeking a sibling separation
decision, clarify when this is not required, and to make the rule easier to
follow. This rule is also being amended to make permanent temporary rule
changes adopted on April 4, 2011.
In addition, the
above rules may also be changed to reflect new Department terminology and to
correct formatting and punctuation.
Written comments
may be submitted until July 25, 2011 at 5:00 p.m. Written comments may be
submitted via e-mail to Annette.Tesch@state.or.us, faxed to 503-373-7032, or
mailed to Annette Tesch, Rules Coordinator, DHS - Children, Adults, and
Families Division, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The
Department provides the same consideration to written comment as it does to any
oral or written testimony provided at the public hearing.
Rules
Coordinator: Annette
Tesch
Address: Department of Human Services, Children, Adults and
Families Division: Child Welfare Programs, 500 Summer St. NE, E-48, Salem, OR
97301-1066
Telephone: (503) 945-6067
Rule Caption: Changing OARs affecting Child Welfare programs.
Date: Time: Location:
7-21-11 8:30
a.m. 500
Summer St. NE, Rm. 257
Salem,
OR
Hearing
Officer: Annette
Tesch
Stat.
Auth.: ORS
418.005
Stats.
Implemented: ORS
418.005, 418.280, 418.285, 418.305, 418.937, 419A.255, 419B.100 & 419B.192
Proposed
Amendments: 413-120-0020, 413-120-0021, 413-120-0035, 413-120-0060
Last Date
for Comment: 7-25-11, 5
p.m.
Summary: OAR 413-120-0020 about adoption
placement selection options is being amended to clarify the actions the
Department may be taking in searching for a child’s relatives when considering
how to move forward with adoption selection processes. This rule is also being
amended to clarify how an adoption selection is made when the Department has
granted an exception to the order of preference in adoption selection.
OAR 413-120-0021
about adoption placement selection by a caseworker is being amended to clarify
the actions the Department may take when a relative first expresses interest in
being considered as a potential adoptive resource at a later stage in the
process.
OAR 413-120-0035
about the invitation to and notification of the adoption committee is being amended
to clarify the actions the Department may take when a relative first expresses
interest in being considered as a potential adoptive resource at a later stage
in the adoption committee process. This rule is also being amended to state
when an exception to timelines set forth in the rule can be implemented.
OAR 413-120-0060
is being amended to clarify the Department staff who must receive notice upon
receipt of a request for the review of an adoption selection decision.
These rules are
also being amended to make permanent the
temporary rule changes adopted on March 22, 2011.
In addition, the
above rules may also be changed to reflect new Department terminology and to
correct formatting and punctuation.
Written comments
may be submitted until July 25, 2011 at 5:00 p.m. Written comments may be
submitted via e-mail to Annette.Tesch@state.or.us, faxed to 503-373-7032, or
mailed to Annette Tesch, Rules Coordinator, DHS - Children, Adults, and
Families Division, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The
Department provides the same consideration to written comment as it does to any
oral or written testimony provided at the public hearing.
Rules
Coordinator: Annette
Tesch
Address: Department of Human Services, Children, Adults and
Families Division: Child Welfare Programs, 500 Summer St. NE, E-48, Salem, OR
97301-1066
Telephone: (503) 945-6067
Rule Caption: Changing OARs affecting Child Welfare programs.
Date: Time: Location:
7-21-11 8:30
a.m. 500
Summer St. NE, Rm. 257
Salem,
OR
Hearing
Officer: Annette
Tesch
Stat.
Auth.: ORS
109.309 & 418.005
Stats.
Implemented: ORS
109.309, 418.005 & 419B.192
Proposed
Amendments: 413-120-0730, 413-120-0750, 413-120-0760
Last Date
for Comment: 7-25-11, 5
p.m.
Summary: OAR 413-120-0730 is being amended
to clarify the order of preference in identifying potential adoptive resources
for a child.
OAR 413-120-0750
is being amended to clarify when an exception can be made for the required
recruitment efforts seeking an appropriate adoptive resource for a child.
OAR 413-120-0760
is being amended to clarify the identification of potential adoptive resources
for a child. This rule is also being amended to state the considerations and
circumstances to grant an exception to the order of preference in the selection
of potential adoptive resources.
These three rules
are also being amended to make permanent changes adopted by temporary rule on
March 22, 2011.
In addition, the
above rules may also be changed to reflect new Department terminology and to
correct formatting and punctuation.
Written comments
may be submitted until July 25, 2011 at 5:00 p.m. Written comments may be
submitted via e-mail to Annette.Tesch@state.or.us, faxed to 503-373-7032, or
mailed to Annette Tesch, Rules Coordinator, DHS - Children, Adults, and
Families Division, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The
Department provides the same consideration to written comment as it does to any
oral or written testimony provided at the public hearing.
Rules
Coordinator: Annette
Tesch
Address: Department of Human Services, Children, Adults and
Families Division: Child Welfare Programs, 500 Summer St. NE, E-48, Salem, OR
97301-1066
Telephone: (503) 945-6067
Rule Caption: Amending standards for provision of program services, definitions, and
rates of payment.
Date: Time: Location:
7-25-11 10
a.m. N
Portland OVRS Conference Rm.
4744
N Interstate Ave.
Portland,
OR
7-26-11 10:10
a.m. Bend
VR Office Conference Rm.
1230
NE 3rd St.
Bend,
OR
7-27-11 10:10
a.m. DHS
Office - Jobs Rm.
726
NE 7th St.
Grants
Pass, OR
Hearing
Officer: Peter Fox
Stat.
Auth.: ORS
344.530
Other
Auth.: 34 CFR 361
Stats.
Implemented: ORS
344.350, 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: 8-1-11
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,
Salem, OR 97301
Telephone: (503) 945-6695
Rule Caption: Long-Term Support for Children with Developmental Disabilities.
Date: Time: Location:
7-21-11 3:30
p.m. Human
Services Bldg.
500
Summer St. NE, Rms. 137CD
Salem,
OR 97301
Hearing
Officer: Staff
Stat.
Auth.: ORS
409.050 & 410.070
Other
Auth.: ORS
291.261
Stats.
Implemented: ORS
427.005, 427.007 & 430.610–430.670
Proposed
Amendments: 411-308-0020, 411-308-0050, 411-308-0060, 411-308-0070, 411-3008-0080, 411-308-0090,
411-308-0120
Proposed
Repeals: 411-308-0020(T), 411-308-0050(T), 411-308-0060(T), 411-308-0070,(T)
411-3008-0080(T), 411-308-0090(T), 411-308-0120(T)
Last Date
for Comment: 7-25-11, 5
p.m.
Summary: The Department of Human Services
(DHS), Senior and People with Disabilities Division (SPD) is proposing to
permanently amend the long-term support for children with developmental
disabilities rules in OAR chapter 411, division 308 to:
• Implement a
limitation on the maximum amount of support available to each child;
• Clarify the
requirement to fully utilize all appropriate alternate resources, prior to and
during enrollment, to reduce per care costs; and
• Clarify that
the eight hours of unpaid support the child’s family is expected to provide
excludes sleeping hours.
The proposed
rulemaking allows SPD to continue to provide long-term support. Long-term
support allows children to remain in their family homes and prevents out of
home placement.
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: Amends rule to reflect current contested case procedures as prescribed
by the Administrative Procedures Act.
Stat. Auth.: ORS
703.230
Stats. Implemented: ORS 703.230
Proposed Amendments: 259-020-0031
Proposed Repeals: 259-020-0031(T)
Last Date for Comment: 7-21-11, Close of Business
Summary: This rule update amends the contested case procedures for complaints, denials,
suspensions, and revocations of polygraph examiner’s and trainee’s licensure to
reflect the procedures prescribed by the Administrative Procedures Act. Plain
language standards are also implemented.
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: Define NFPA Dive Rescue and NFPA Surf Rescue.
Stat. Auth.: ORS
181.640
Stats. Implemented: ORS 181.640
Proposed Amendments: 259-009-0005
Last Date for Comment: 7-21-11, Close of Business
Summary: The Fire Policy Committee met on November 19, 2010 and reviewed NFPA 1006
Technical Rescuer Professional Qualifications. The standard was approved by the
Fire Policy Committee and the Board on Public Safety Standards and Training and
adopted into Oregon Administrative Rule. The definitions for NFPA Dive Rescue
and NFPA Surf Rescue were inadvertently omitted from the original proposed rule
language. This rule update corrects that error by adding the omitted
definitions.
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: Decrease private security licensing and certification fees.
Stat. Auth.: ORS
181.878
Stats. Implemented: ORS 181.878
Proposed Amendments: 259-060-0500
Proposed Repeals: 259-060-0500(T)
Last Date for Comment: 7-21-11, Close of Business
Summary: The licensing and certification fees are the primary revenue source for the
private security and private investigator program. During the 2009–2011
biennium, a permanent rule was approved to increase the certification and
licensing fees to cover a projected budget shortfall. Due to Oregon’s current
economic climate, the Oregon State Legislature voted and approved a fee
decrease for certain private security certificates and licenses.
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: Traffic Control devices; Authority.
Stat. Auth.: ORS
184.616, 184.619, 366.205, 810.200 & 810.210
Stats. Implemented: ORS 810.200 & 810.210
Proposed Amendments: 734-020-0005
Proposed Repeals: 734-020-0055
Last Date for Comment: 7-21-11
Summary: The proposed amendment of OAR 734-020-0005 adopts the 2009 Edition of the
Manual on Uniform traffic Control Devices, Oregon Supplemental to the Manual on
Uniform traffic Control Devices, and the Oregon Temporary traffic Control
handbook as standards for traffic control devices in Oregon in accordance with
ORS 810.200. The amended rules as proposed, complies with federal requirements
set forth in Title 23, united States Code, Section 109(d) and Title 23, Code of
Federal Regulations, Part 655.603, which requires states to adopt the 2009
Edition of the Manual on Uniform traffic Control devices and any supplements
within tow years of issuance. The proposed amendment also recognizes the
traffic Control Devices Committee as the official advisory body to the State
Traffic Engineer on uniform standards for traffic control devices in this
state, repeals OAR 734-020-0055 because it is covered in the referenced
documents of OAR 734-020-0005.
Text of proposed
and recently adopted ODOT rules can be found at website: http://www.oregon.gov/ODOT/CS/RULES/
Rules Coordinator: Lauri Kunze
Address: Department of Transportation, Highway Division, 3930
Fairview Industrial Dr. SE, Salem, OR 97302
Telephone: (503) 986-3171
Rule Caption: ODOT intends to amend rules governing the requirements for oversized
load signs.
Stat. Auth.: ORS
184.616 & 184.619
Stats. Implemented: ORS 815.275, 818.220 & 818.225
Proposed Amendments: 734-082-0037
Last Date for Comment: 7-21-11
Summary: These rules describe sign requirements for over-length or over-width vehicles
transporting over-length or over-width loads. Currently, signs warning of an
oversize vehicle or load are required to be placed on the front and rear of the
vehicle and must be seven feet wide by 18 inches high. A number of fixed load
vehicles, self-propelled cranes, or oversized trailers do not have enough space
on the front or rear of the vehicle to accommodate a sign the size required by
rule without clocking headlights, turn signals, license plate, brake lights or
taillights. The proposed amendment will provide carriers with an additional
method to meet the rule requirements by allowing a vehicle’s bumpers to be
painted yellow and bear the words “OVERSIZE LOAD” painted or decaled in black.
Such
signage requirements on the bumper of the signage is in compliance with the
vehicle’s base state rules governing warning signs.
Text of proposed
and recently adopted ODOT rules can be found at website:
http://www.oregon.gov/ODOT/CS/RULES/
Rules Coordinator: Lauri Kunze
Address: Department of Transportation, Highway Division, 3930
Fairview Industrial Dr. SE, Salem, OR 97302
Telephone: (503) 986-3171
Rule Caption: Employer notification requirements in amended monetary determinations.
Stat. Auth.: ORS
657.610
Stats. Implemented: ORS 657
Proposed Amendments: 471-030-0048
Last Date for Comment: 7-23-11, 5 p.m.
Summary: Adds additional consideration for employer notification during amended monetary
determination.
Rules Coordinator: Courtney Brooks
Address: Employment Department, 875 Union St. NE, Salem, OR
97311
Telephone: (503) 947-1724
Rule Caption: Remove “Preservation services” from Program Area title and from portion
of Service Area.
Stat. Auth.: ORS
417.705–417.797 & 419.170
Stats. Implemented: ORS 417.705–417.797 & 419.170
Proposed Amendments: 423-010-0024
Last Date for Comment: 7-21-11
Summary: The use of Federal Title IV-B2 funds received by Agency was clarified by
Children’s Bureau/ACYF/ACF – Region 10 of the US Department of Health and
Human Services. Agency is directed by federal guidance to target use of Title
IV-B2 funds received by Agency to the “Family Support” portion of the act.
Agency may nol longer use these funds for Family Preservation services.
Rules Coordinator: Marsha Clark
Address: Oregon Commission on Children and Families, 530
Center St. NE–Suite 405, Salem, OR 97301
Telephone: (503) 373-1283
Rule Caption: Health Professionals’ Services Program.
Date: Time: Location:
7-19-11 1
p.m. 500
Summer St. NE, Rm. 137-C
Salem,
OR
Hearing
Officer: Rick Luthe
Stat.
Auth.: ORS
409.050, 676.190 & 413.042
Stats.
Implemented: ORS
676.185–676.200
Proposed
Adoptions: 415-065-0055
Proposed
Amendments: 415-065-0010
Last Date
for Comment: 8-2-11
Summary: This proposed rule activity adds
a definition for “comply continuously” and one sub-section to existing rules
related to a statewide health professionals’ monitoring program for licensees
of participating health licensing boards, as required by ORS 676.190, who are
unable to practice with professional skill and safety due to substance abuse
disorders, mental health disorders or both types of disorders.
The new
sub-section will authorize the treatment vendor, upon receipt of a court order,
to release identifying information to a licensee’s board, including a report of
substantial non-compliance, if a licensee has revoked his or her consent to
release information.
Rules
Coordinator: Richard
Luthe
Address: Oregon Health Authority, Addictions and Mental
Health Division: Addiction Services, 500 Summer St. NE, E-86, Salem, OR 97301
Telephone: (503) 947-1186
Rule Caption: Revisions to Projects for Assistance in Transition from Homelessness
(PATH) rules.
Date: Time: Location:
7-18-11 10
a.m. DHS
Bldg., Rm. 160
500
Summer St. NE
Salem,
OR 97301
Hearing
Officer: Rick Luthe
Stat.
Auth.: ORS
413.042 & 430.640
Stats.
Implemented: ORS
430.610–430.695
Proposed
Amendments: 309-032-0175, 309-032-0180, 309-032-0185, 309-032-0195, 309-032-0200,
309-032-0205
Proposed
Repeals: 309-032-0190, 309-032-0210
Last Date
for Comment: 7-22-11
Summary: The Addictions and Mental Health
Division is revising the OAR 309-032 “Projects in transition from Homelessness”
(PATH) rules in order to update the rules and address conformity with federal
requirements.
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
Rule Caption: Re-file due to federal input to implement, administer and audit the
Medicaid EHR Incentive Program.
Date: Time: Location:
7-15-11 10:30
a.m. DHS
Bldg., Hearing Rm. 137C
500
Summer St. NE
Salem,
OR 97301
Hearing
Officer: Darlene
Nelson
Stat.
Auth.: ORS
413.042
Stats.
Implemented: 414.025,
414.065 & 409.010
Proposed
Adoptions: 410-165-0060
Last Date
for Comment: 7-18-11,
Close of Business
Summary: The Medicaid Electronic Health
Record (EHR) Incentive Program administrative rules govern Division of Medical
Assistance Programs payments to certain providers. The Division needs to adopt
410-165-0060 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. This rule and others outline the
Medicaid Electronic Health Record (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 who are qualified by the program.
Notice of
proposed rulemaking was filed for this and other rules in May 2011 and a Public
Comment Period is currently underway for these rules. However, due to
clarification from the Centers for Medicare and Medicaid Services (CMS), the
Division revised 410-165-0060, (2) (b) (C) and Table 165-0060-1 related to the
eligibility criteria for patient volume requirements of eligible professionals
practicing in Federally Qualified Health Centers and Rural Health Clinics. The
Division determined this to be a substantive change requiring the need to
re-file the rule with the Secretary of State and allow a new Public Comment
Period to end July 18, giving adequate opportunity for public input.
Implementation of
this rule is pending approval from 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: Landlord Notice Requirements to Tenants When a Manufactured Dwelling
Park or Marina is Closed.
Date: Time: Location:
7-22-11 1:30
p.m. 725
Summer St. NE, Rm. 124B
Salem,
OR
Hearing
Officer: Theresa
Wingard
Stat.
Auth.: ORS
90.645, 90.650, 90.671 & 446.543
Stats.
Implemented: ORS
90.645, 90.650, 90.671 & 446.543
Proposed
Adoptions: 813-065-0120, 813-065-0130, 813-065-0140, 813-065-0150, 813-065-0210,
813-065-0220, 813-065-0230, 813-065-0240
Proposed
Repeals: 813-008-0010, 813-008-0020, 813-008-0025, 813-008-0030, 813-008-0040,
813-065-0120(T), 813-065-0130(T), 813-065-0140(T), 813-065-0150(T),
813-065-0210(T), 813-065-0220(T), 813-065-0230(T), 813-065-0240(T)
Proposed
Ren. & Amends: 813-008-0005 to 813-065-0100; 813-008-0015 to 813-065-0110
Last Date
for Comment: 8-12-11, 5
p.m.
Summary: 813-065-0100 through 813-065-0150
This set of rules include new and amended notice requirements of landlords to
tenants when a manufactured dwelling park is closed.
813-065-0200
through 813-065-0210 These are new rules that provide that notice requirements
of landlords to tenants when a marina is closed.
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: Repeal rule given the specific loss of membership standard for school
employees in ORS 238.095.
Date: Time: Location:
8-23-11 2
p.m. PERS
Boardroom
11410
SW 68th Pkwy.
Tigard,
OR
Hearing
Officer: Daniel
Rivas
Stat.
Auth.: ORS
238.650
Stats.
Implemented: ORS
238.095
Proposed
Repeals: 459-010-0205
Last Date
for Comment: 9-1-11
Summary: This rule is obsolete and
unnecessary given the specific loss of membership standard for school employees
in ORS 238.095.
Copies of the
proposed rules are available to any person upon request. The rules are also
available at http://www.oregon.gov/
PERS/about_us.shtml. Public comment may be mailed to the above address or sent
via email to Daniel.Rivas@state.or.us
Rules
Coordinator: Daniel
Rivas
Address: Oregon Public Employees Retirement System, PO Box
23700, Tigard, OR 97281
Telephone: (503) 603-7713
Rule Caption: Clarify administration of disability retirement allowances and update
disability rules.
Date: Time: Location:
8-23-11 2
p.m. PERS
Boardroom
11410
SW 68th Pkwy.
Tigard,
OR
Hearing
Officer: Daniel
Rivas
Stat.
Auth.: ORS
183.310–183.550, 238.650, 238A.120, 238A.140, 238A.450 & 45 CFR parts
160 & 164
Stats.
Implemented: ORS
238.175, 238.320–238.345, 238.715, 238A.230 & 238A.235
Proposed
Amendments: 459-015-0001, 459-015-0005, 459-015-0020, 459-015-0045, 459-015-0050,
459-076-0001, 459-076-0005, 459-076-0020, 459-076-0025, 459-076-0050,
459-076-0055
Proposed
Repeals: 459-076-0000
Last Date
for Comment: 9-1-11
Summary: Staff has reviewed all the
disability rules in division 15 and 76 and started rulemaking in order to
clarify the administration of disability retirement allowances and update
disability rules.
• Rule
modifications include but are not limited to edits that will:
• Clarify
requirements for total disability; resolve differences.
• Update
definitions; add definitions.
• Clarify
application requirements for inactive members.
• Clarify return
to work provisions and medical documentation on periodic review,; clarify
treatment of transferred variable accounts at disability retirement when the
member returns to work and the account is rebuilt; define other income is
deemed earned when paid.
• Resolve
contradictions within rules.
• Update legal
citations.
• Update
rules/definitions in division 76 for consistency with division 15.
• Reference
contested case hearings rules 459-015-0030, 459-015-0035, and 459-015-0040.
Copies of the
proposed rules are available to any person upon request. The rules are also
available at http://www.oregon.gov/
PERS/about_us.shtml. Public comment may be mailed to the above address or sent
via email to Daniel.Rivas@state.or.us
Rules
Coordinator: Daniel
Rivas
Address: Oregon Public Employees Retirement System, PO Box
23700, Tigard, OR 97281
Telephone: (503) 603-7713
Rule Caption: Authorizes Lottery player loyalty programs, and sets forth requirements.
Date: Time: Location:
7-18-11 2–2:30
p.m. Oregon
Lottery
500
Airport Rd. SE
Salem,
OR
Hearing
Officer: Mark Hohlt
Stat.
Auth.: ORS 461
Other
Auth.: OR Const.,
Art. XV, Sec. 4(4)
Stats.
Implemented: ORS
461.300 & 461.200
Proposed
Adoptions: 177-051-0035
Proposed
Amendments: 177-051-0000, 177-051-0010, 177-051-0030, 177-051-0040, 177-051-0120,
177-051-0130
Proposed
Repeals: 177-051-0020, 177-051-0050, 177-051-0060, 177-051-0070, 177-051-0080,
177-051-0090, 177-051-0100, 177-051-0110
Last Date
for Comment: 7-18-11, 3
pm.
Summary: The Oregon State Lottery has
initiated permanent rulemaking to adopt, repeal, and amend the above referenced
administrative rules to substantially revise its rules related to Lottery
promotions and giveaways and to specifically authorize Oregon Lottery® to offer
player loyalty promotional programs where persons may register to become a
member and may participate in special promotional activities, drawings, and
giveaways offered by the Lottery.
Rules
Coordinator: Mark W.
Hohlt
Address: Oregon State Lottery, 500 Airport Rd. SE, Salem, OR
97301
Telephone: (503) 540-1417
Rule Caption: Revisions to special course fees and general services fees.
Stat. Auth.: ORS
351.070 & 351.072
Stats. Implemented: ORS 351.070 & 351.072
Proposed Amendments: 574-050-0005
Last Date for Comment: 7-21-11
Summary: Amendments will allow for increases, additions, and revisions of special course
fees and general services fees.
Rules Coordinator: Debra L. Charlton
Address: Oregon University System, Western Oregon University,
345 N Monmouth Ave., Monmouth, OR 97361
Telephone: (503) 838-8597
Rule Caption: Rulemaking to Implement Carrier of Last Resort Obligations as set forth
in ORS 759.506.
Date: Time: Location:
7-26-11 1
p.m. Main
Hearing Rm.
550
Capital St. NE, 1st Floor
Salem,
OR 97301
Hearing
Officer: Traci
Kirkpatrick
Stat.
Auth.: ORS
756.060, 759.036 & 759.506
Stats.
Implemented: ORS
759.506
Proposed
Adoptions: 860-025-0055, 860-025-0060, 860-025-0065
Last Date
for Comment: 8-2-11,
Close of Business
Summary: These rules are proposed to
implement the requirements of ORS 759.506 (HB 2097 from the 2009 legislative
session). The proposed rules provide telecommunications carriers with
information to petition for exemption from Carrier of Last Resort (COLR)
obligations and clarify when they may do so, provide instruction for residents
and occupants of affected property on how to petition the PUC for reinstatement
of COLR obligations; and provide guidance on the allocation of reinstatement
costs.
The Commission
encourages participants to file written comments as early as practicable in the
proceeding so that other participants have the opportunity to consider and
respond to the comments before the deadline. Please reference Docket No. AR 551
on comments and file them by e-mail to the Commission’s Filing Center at
PUC.FilingCenter//apps.puc.state.or.us/edockets/center.htm.
Interested
persons may review all filings online at
http://apps.puc.state.or.us/edockets/docket.asp?DocketID=16841. A copy of the
Commission Staff’s proposed rules are available online at
http://apps.puc.state.or.us/edockets/docket.asp?DocketID=16841. The proposed
rule language will be attached to the notice of rulemaking hearing.
Participants
wishing to monitor the hearing by telephone (listen only) must contact Diane
Davis at diane.davis@state.or.us or (503) 378-4372 by close of business July
22, 2011, to request a dial -in number. To present oral comment at the hearing,
participants must attend in person.
Rules
Coordinator: Diane
Davis
Address: Public Utility Commission of Oregon, PO Box 2148,
Salem, OR 97308
Telephone: (503) 378-4372
Rule Caption: Revising Electric Service Reliability Rules to Reflect Current National
Standards
Stat. Auth.: ORS
Ch. 183, 756 & 757
Stats. Implemented: ORS 757.020
Proposed Adoptions: 860-023-0081, 860-023-0084
Proposed Amendments: 860-023-0090, 860-023-0100, 860-023-0110, 860-023-0130, 860-023-0150,
860-023-0160
Proposed Repeals: 860-023-0080, 860-023-0120, 860-023-0140
Last Date for Comment: 7-29-11, Close of Business
Summary: The Commission’s existing electric service reliability rules need to be revised
to reflect the current national standards. By adopting these proposed rules,
Oregon’s electric investor-owned utilities will be analyzing and reporting
statistical reliability performance using one methodology – consistent
with many other electrical utilities across the nation. For electric
investor-owned utilities operating in various states (i.e., Idaho Power,
PacifiCorp), reporting by more than one methodology is especially burdensome.
Trade and other organizations need to have consistent information available
that complies with national standards to compare electric utility reliability
performance. The proposed rules update the Commission rules to comply with the
latest version of the Institute of Electrical and Electronic Engineers (IEEE)
Standard – 1366, which is the industry-recognized national standard by
which electric distribution utilities are to report reliability performance. By
adopting this current standard, future updates to the national standard will be
more easily adopted into Oregon’s rules.
The Commission
encourages participants to file written comments as early as practicable in the
proceeding so that other participants have the opportunity to consider and
respond to the comments before the deadline. Please reference Docket No. AR 552
on comments and file them by e-mail to the Commission’s Filing Center at
PUC.FilingCenter@state.or.us and also send a signed hard copy to the Filing
Center at PO Box 2148, Salem, Oregon 97308-2418. For more information about the
Commission’s Filing Center, please see
http://apps.puc.state.or.us/edockets/center.htm. Interested persons may review
all filings online at
http://apps.puc.state.or.us/edockets/docket.asp?DocketID=16868.
Rules Coordinator: Diane Davis
Address: Public Utility Commission of Oregon, PO Box 2148,
Salem, OR 97308
Telephone: (503) 378-4372
Rule Caption: Amends rules regarding reinstatement of suspended and revoked licenses,
registrations, and certificates. Adds school nurse certificates to the sanction
rules by including “certificates” in the sanction procedures.
Date: Time: Location:
7-21-11 11
a.m. University
of Portland
5000
N Willamette Blvd.
Portland,
OR 97203
Hearing
Officer: Lynn
Beaton
Stat.
Auth.: ORS 342
Stats.
Implemented: ORS
342.120–342.430, 342.455–342.495 & 342.553
Proposed
Amendments: 584-050-0015, 584-050-0016, 584-050-0018
Last Date
for Comment: 7-21-11, 2
p.m.
Summary: 584-050-0015 – Reinstatement
of Suspended, Revoked, or Surrendered License or Registration Generally – Adds school nurse certificates to rules related to sanctions, Corrects
statutory references.
584-050-0016
– Reinstatement of Suspended License, Registration, or Right to Apply
for a License or Registration – Adds “certificate” to rule Corrects
statutory reference and passive language.
584-050-0018
– Reinstatement of Revoked License, Registration, or Right to Apply
for a License, Certificate or Registration – Clarifies application
procedures for reinstatement of revoked license, certificate or registration.
Correct statutory references.
Rules
Coordinator: Lynn
Beaton
Address: Teacher Standards and Practices Commission, 465
Commercial St. NE, Salem, OR 97301
Telephone: (503) 373-0981
Rule Caption: Amend rules to add the approved Supplemental Messages and clarify
Interstate Oasis verbiage.
Stat. Auth.: ORS
377.700–377.840
Stats. Implemented: ORS 183.310–183.550
Proposed Amendments: Rules in 733-030
Last Date for Comment: 7-22-11
Summary: The travel Information Council held a quarterly meeting on June 2, 2011. The
Council proposed to amend rules to add to the list of approved Supplemental
Messages and clarify the Interstate Oasis verbiage.
Rules Coordinator: Diane Cheyne
Address: Travel Information Council, 1500 Liberty St. SE,
Suite 150, Salem, OR 97302
Telephone: (503) 378-4508
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 |