Loading

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.


 

 

Board of Examiners for Speech-Language
Pathology and Audiology
Chapter 335

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

Board of Medical Imaging
Chapter 337

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

Board of Optometry
Chapter 852

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

Department of Agriculture
Chapter 603

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

Department of Consumer and Business Services,
Insurance Division
Chapter 836

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

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

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

Department of Corrections
Chapter 291

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

Department of Fish and Wildlife
Chapter 635

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

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

Rule Caption: Changing OARs affecting Child Welfare programs.

Date:                         Time:                        Location:

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

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.

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

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

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

Department of Public Safety Standards and Training
Chapter 259

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

Department of Transportation,
Highway Division
Chapter 734

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

Employment Department
Chapter 471

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

Oregon Commission on Children and Families
Chapter 423

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

Oregon Health Authority,
Addictions and Mental Health Division: Addiction Services
Chapter 415

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

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

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

Oregon Health Authority,
Division of Medical Assistance Programs
Chapter 410

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

Oregon Housing and Community Services Department
Chapter 813

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

Oregon Public Employees Retirement System
Chapter 459

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

Oregon State Lottery
Chapter 177

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

Oregon University System,
Western Oregon University
Chapter 574

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

Public Utility Commission
Chapter 860

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

Teacher Standards and Practices Commission
Chapter 584

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

Travel Information Council
Chapter 733

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

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

© 2013 State of Oregon All Rights Reserved​