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Oregon Bulletin

July 1, 2012

NOTICES OF PROPOSED RULEMAKING AND
PROPOSED RULEMAKING HEARINGS

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

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

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

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

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


 

Board of Architect Examiners, Chapter 806

Rule Caption: Architect continuing education rules.

Date: Time: Location:

7-24-12  9:30 a.m. 205 Liberty St. NE  Salem, OR 97301

Hearing Officer: Patrick Bickler

Stat. Auth.: ORS 671.020 & 671.125

Stats. Implemented: ORS 671.020 & 671.125

Proposed Amendments: 806-010-0090, 806-010-0105, 806-010-0145

Last Date for Comment: 7-24-12, 4:30 p.m.

Summary: Amends the rules regarding Continuing Education requirements. OBAE has completed the transition from a one-year license period to a two-year license period. These rules need to be amended to reflect that new reality. In addition, Continuing Education for architects has become a patchwork of confusing regulations nationally. Continuing Education hours are called different things in different jurisdictions. There are over 30 different reporting periods and 6 different hourly requirements. Architects may even need to collect 5 different types of hours needed to satisfy specific jurisdictional registration renewals. In a monumental effort to bring some order to this chaos, Registration Boards agreed last year at their annual meeting to bring some uniformity to this system. Oregon is doing its part by revising its rules for Continuing Education regarding name, definition and tying the number of hours needed to our two-year registration period. In this regard, the Board is proposing to allow registrants to complete 24 Continuing Education Hours (CEH) over the two-year registration period. The provision for carry-over would be dropped. The Board believes 24 months is ample time for registrants to take advantage of CEH opportunities as they present themselves.

Rules Coordinator: Jim Denno

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

Telephone: (503) 763-0662


 

Rule Caption: Inactive Status and Reinstatement.

Date: Time: Location:

7-24-12  9:30 a.m. 205 Liberty St. NE  Salem, OR 97301

Hearing Officer: Patrick Bickler

Stat. Auth.: ORS 671.020

Stats. Implemented: ORS 671.020

Proposed Amendments: 806-010-0060

Last Date for Comment: 7-24-12, 4:30 p.m.

Summary: Amends the rules regarding Inactive Status and Reinstatement requirements. In light of the change from a one to a two-year license renewal cycle, and the alignment of CEH rules with other jurisdictions nationally, as well as for clarity of language, the Board has proposed changes to the Rule regarding Inactive Status and Reinstatement.

Rules Coordinator: Jim Denno

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

Telephone: (503) 763-0662


Board of Chiropractic Examiners, Chapter 811

Rule Caption: Rules of Procedure in Contested Cases Amendments and date change.

Date: Time: Location:

9-20-12  2 p.m. 3218 Pringle Rd. SE  Salem, OR

Hearing Officer: Dave McTeague

Stat. Auth.: ORS 183

Stats. Implemented: ORS 684.155(b)

Proposed Amendments: 811-001-0010, 811-001-0005

Last Date for Comment: 9-20-12, 2 p.m.

Summary: Proposed Amendments

 811-001-0010, Rules of Procedure in Contested Cases

 (1) In sexual boundary and unprofessional conduct cases; The Board requires an answer to charges as part of notices to parties in contested cases: In addition to the requirements of the Attorney General’s Model Rules of Procedure adopted by the Board, the notice to parties in contested cases may include a statement that an answer to the assertions or charges will be requested and, if so, the consequences of failure to answer. A statement of the consequences of failure to answer may be satisfied by enclosing a copy of section (2) of this rule with the notice.

 (2) In sexual boundary and unprofessional conduct cases, hearing requests and answers: Consequences of failure to answer:

 (a) A hearing request, and answer when requested, shall be made in writing to the Board by the party or his attorney and an answer shall include the following:

 (A) An admission or denial of each factual matter alleged in the notice;

 (B) A short and plain statement of each relevant affirmative defense the party may have.

 (b) Except for good cause:

 (A) Factual matters alleged in the notice and not denied in the answer shall be presumed admitted;

 (B) Failure to raise a particular defense in the answer will be considered a waiver of such defense;

 (C) New matters alleged in the answer (affirmative defenses) shall be presumed to be denied by the agency; and

 (D) Evidence shall not be taken on any issue not raised in the notice and answer.

 811-001-0005

 Pursuant to the provisions of ORS 183.341, the Board of Chiropractic Examiners adopts the Attorney General’s Uniform and Model Rules of Procedure under the Administrative Procedures Act January 2012, these rules shall be controlling except as otherwise required by stature or rule.

Rules Coordinator: Donna Dougan

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

Telephone: (503) 373-1579


Board of Licensed Professional Counselors and Therapists, Chapter 833

Rule Caption: Client records, PDS, online grad programs, Code of Ethics changes.

Date: Time: Location:

7-25-12  1:30 p.m. 3218 Pringle Rd. SE  Salem, OR

Hearing Officer: Becky Eklund

Stat. Auth.: ORS 675.705 – 675.835

Stats. Implemented: ORS 675.705–675.835

Proposed Adoptions: 833-100-0081

Proposed Amendments: 833-010-0001, 833-020-0201, 833-060-0012, 833-080-0011, 833-100-0041

Last Date for Comment: 7-25-12, Close of Business

Summary: Adds definition of “client record.” Adds record retention. Adds custodian of record reporting. Adds requirements to professional disclosure statements. Removes national accreditation requirement for online graduate programs. Amends Code of Ethics to include supervisee relationships in Integrity section.

Rules Coordinator: Becky Eklund

Address: Board of Licensed Professional Counselors and Therapists, 3218 Pringle Rd. SE, Suite 250, Salem, OR 97302

Telephone: (503) 378-5499, ext. 3


Bureau of Labor and Industries, Chapter 839

Rule Caption: Proposed rules clarifying that complaints under ORS 654.062 need not be notarized written complaints.

Stat. Auth.: ORS 659A.805

Other Auth.: ORS 659A.820

Stats. Implemented: ORS 654.062 & 659A

Proposed Adoptions: 839-003-0031

Proposed Amendments: 839-003-0005, 839-003-0025, 839-003-0200

Last Date for Comment: 8-6-12, Close of Business

Summary: Current rules require that complaints filed under the Oregon Safe Employment Act (OSEA) contain a notarized signature of the complainant. BOLI investigates retaliation complaints filed under OSEA statutes pursuant to a contract with Oregon OSHA. The federal Occupational Safety and Health Administration (OSHA) and Oregon OSHA have expressed concern that requirement of a notarized complaint is a barrier to timely investigations of matters involving threats to workplace safety, and have asked that BOLI clarify that complaints filed under ORS 654.062 do not require notarization.

 The proposed rules are required in order for the complaint requirements to be consistent with OSEA statutes.

Rules Coordinator: Marcia Ohlemiller

Address: Bureau of Labor and Industries, 800 NE Oregon St., Ste. 1045, Portland, OR 97232

Telephone: (971) 673-0784


Department of Administrative Services, Chapter 125

Rule Caption: Adopt rule to implement the Sale of Compressed Natural Gas (CNG) to Private Entities.

Date: Time: Location:

7-16-12  10 a.m. 1225 Ferry St. SE,   Mt. Mazama Conference Rm.  Salem, OR

Hearing Officer: Brian King

Stat. Auth.: ORS 283.310

Other Auth.: 2010 OL Ch. 30, Sec. 13 & 14

Stats. Implemented: ORS 283.327

Proposed Adoptions: 125-156-0000

Last Date for Comment: 7-16-12, 5 p.m.

Summary: OAR 125-156-0000 authorizes the Department of Administrative Services fueling site(s) to sell compressed natural gas to non-state entities. The rate charged for this fuel is to include the cost of the fuel and associated administrative costs to provide this service. The service may continue until an alternative source of CNG is established within fifty miles of the DAS fueling site(s).

Rules Coordinator: Janet Chambers

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

Telephone: (503) 378-5522


Department of Agriculture, Chapter 603

Rule Caption: Adoption of Federal Regulations for Food Standards, Processing, Manufacture, and Distribution.

Date: Time: Location:

7-25-12  10:30 a.m. OR Dept. of Agriculture Bldg.  635 Capitol St. NE  Salem, OR 97301

Hearing Officer: Eric Edmunds

Stat. Auth.: ORS 561.190, 561.605, 561.620 & 616.230

Stats. Implemented: ORS 561.605–561.620 & 616.230

Proposed Amendments: 603-025-0190

Last Date for Comment: 7-27-12, 5 p.m.

Summary: The proposed amendment updates the Code of Federal Regulations reference from the 2005 version to the 2010 version. This will ensure that Oregon maintains regulations that are current and consistent with neighboring states. The parts of the C.F.R. that were previously adopted are substantially similar in the 2010 version. The amendment will adopt 21 C.F.R. parts 7 (Enforcement Policy), 111 (Current Good Manufacturing Practice in Manufacturing, Packaging, Labeling, or Holding Operations for Dietary Supplements), and 118 (Production, Storage, and Transportation of Shell Eggs) for the first time in Oregon.

 21 C.F.R. 7 governs the practices and procedures of enforcement actions initiated by the government and provides guidance for manufacturers and distributors to follow with respect to their voluntary removal or correction of marketed violative products (recall of products). 21 C.F.R. 111 regulates the manufacture, packaging, labeling, and storage of dietary supplements. The regulations in 21 C.F.R. 111 do not apply to a person that is holding dietary supplements at a retail establishment for the sole purpose of direct retail sale to individual customers. 21 C.F.R. 118 regulates the production, storage, and transportation of shell eggs, and applies to: (1) shell egg producers with 3,000 or more laying hens at a particular farm that do not sell all of their eggs directly to consumers and produces shell eggs for the table market, and (2) persons that transport or hold shell eggs for shell egg processing or egg products facilities from farms with 3,000 or more laying hens.

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, Building Codes Division, Chapter 918

Rule Caption: Changes licensee continuing education requirements, course content requirements, and provider approval process.

Date: Time: Location:

7-17-12  9:30 a.m. 1535 Edgewater St. NW  Salem, OR 97304

Hearing Officer: Jim Hanson

Stat. Auth.: ORS 455.030, 455.110 & 455.117

Stats. Implemented: ORS 455.117

Proposed Adoptions: Rules in 918-035

Proposed Amendments: Rules in 918-030, 918-035

Last Date for Comment: 7-20-12, 5 p.m.

Summary: These rules amend the code-change course requirements for persons licensed by the Building Codes Division by specifying the number of code-change hours for certain licenses, changing code-change course content requirements, adding separate Oregon rule and law requirements, and streamlining the course approval processes. These rules remove the requirement that all code-change courses contain materials about the Oregon amendments. These rules also clarify that licensees who take code-change courses covering only a national model code must still obtain continuing education on the Oregon amendments to that code. Finally, these rules allow for a streamlined course approval process for certain national code-development organizations.

Rules Coordinator: Stephanie Snyder

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

Telephone: (503) 373-7438


 

Rule Caption: Amendment of radon gas mitigation standards in the 2010 OSSC.

Date: Time: Location:

7-17-12  10 a.m. 1535 Edgewater St. NW  Salem, OR 97304

Hearing Officer: Richard Rogers

Stat. Auth.: ORS 455.020, 455.030, 455.110, 455.112 & 455.365

Stats. Implemented: ORS 455.365

Proposed Amendments: 918-460-0015

Last Date for Comment: 7-20-12, 5 p.m.

Summary: Senate Bill 1025 (2010) required the Building Codes Structures Board to adopt radon mitigation standards by January 1, 2011 for new public buildings in seven identified counties: Baker, Clackamas, Hood River, Multnomah, Polk, Washington and Yamhill. The Board adopted commercial standards by the January 1, 2011 date mandated in the legislation, but acknowledged that the radon mitigation standards in the Oregon Structural Specialty Code (OSSC) for new public buildings still needed further work to provide the clarity and detail about the components of radon mitigation systems for new public buildings constructed to the OSSC. These proposed rule amendments provide that needed clarity and specificity about the radon mitigation systems to be constructed for new public buildings. The proposed amendments will be effective April 1, 2013.

Rules Coordinator: Stephanie Snyder

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

Telephone: (503) 373-7438


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

Rule Caption: Notice Requirements for Carriers Regarding State Continuation of Health Insurance.

Date: Time: Location:

8-9-12  9 a.m. Labor & Industries Bldg.  350 Winter St. NE, CR-F  Salem, Oregon

Hearing Officer: Jeannette Holman

Stat. Auth.: ORS 731.244, 743.610

Stats. Implemented: ORS 743.610

Proposed Adoptions: 836-053-0863

Proposed Repeals: 836-053-0862

Last Date for Comment: 8-17-12, 5 p.m.

Summary: This rulemaking repeals a rule adopted by the Department of Consumer and Business Services (DCBS) related to state continuation of health insurance. The repealed rule includes material required by federal law (American Recovery and Reinvestment Act) that is no longer applicable to state continuation. The new rule establishes the requirements for carriers as reflected in 2012 legislation, chapter 24, Oregon Laws 2012 (Enrolled Senate Bill 1504) that amended ORS 743.610 to eliminate the notice requirement for state continuation benefits specifically prescribed in statute and gave DCBS the authority to prescribe requirements by rule. Oregon’s state continuation program is crucial in allowing many newly unemployed Oregonians to maintain their health insurance coverage at a time when they need it the most and it is important that notice of the availability of the program be provided in a timely and understandable manner. A standardized notice as proposed in these rules will facilitate this goal.

 The notice proposed under this rule includes a provision that defines when the notice requirement is triggered and provision to allow an insurer to send a single notice to multiple persons who are eligible for state continuation as a result of a single qualifying event.

Rules Coordinator: Sue Munson

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

Telephone: (503) 947-7272


 

Rule Caption: Adoption of Revisions to Workers’ Compensation Statistical Plan.

Stat. Auth.: ORS 731.244 & 737.225

Stats. Implemented: ORS 737.225

Proposed Amendments: 836-042-0040, 836-042-0043, 836-042-0045

Last Date for Comment: 7-31-12, 5 p.m.

Summary: The agency proposes to amend these rules to adopt the revised 2008 edition of the Statistical Plan for Workers’ Compensation and Employers Liability Insurance (Statistical Plan), as filed by the National Council on Compensation Insurance (NCCI). ORS 737.225(4) requires the director to prescribe the statistical plan to be used by workers’ compensation insurers to report statistics. The revised Statistical Plan:

 - Changes the methods for reporting non-compensable and fraudulent claims;

 - Changes the definition of permanent partial injuries to exclude references to temporary injury for accidents occurring on or after January 1, 2013;

 - Eliminates the hard copy reporting option for reports received on or after January 1, 2013;

 - Eliminates the option to group medical-only claims for reporting purposes for policies effective on or after January 1, 2013;

 - Adds a new Cause of Injury Code (Gunshot – Code 93); and

 - Clarifies existing rules.

Rules Coordinator: Sue Munson

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

Telephone: (503) 947-7272


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

Rule Caption: Propose to adopt federal correction/technical amendment to Rigging Equipment for Material Handling in construction.

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

Stats. Implemented: ORS 654.001–654.295

Proposed Amendments: 437-003-0001

Last Date for Comment: 7-31-12, Close of Business

Summary: This rulemaking is to keep Oregon OSHA in harmony with recent changes to Federal OSHA standards.

 Federal OSHA corrected the sling standard for construction titled Rigging Equipment for Material Handling, by removing the rated capacity tables and making minor, nonsubstantive revisions to the regulatory text. These changes were published in the April 18, 2012 Federal Register.

 Oregon OSHA proposes to make these corrections and amendments to 1926.251 in Division 3/H.

 Please visit our website www.orosha.org

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

Rules Coordinator: Sue C. Joye

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

Telephone: (503) 947-7449


Department of Fish and Wildlife, Chapter 635

Rule Caption: Regulations Governing Marine Reserves and Protected Areas in Oregon’s Territorial Sea.

Date: Time: Location:

8-3-12  8 a.m. 3406 Cherry Ave. NE  Salem, OR 97303

Hearing Officer: Oregon Fish & Wildlife Commission

Stat. Auth.: ORS 496.138, 496.146, 506.036, 506.109, 506.119 & 506.129

Other Auth.: Senate Bill 1510 (2012)

Stats. Implemented: ORS 196.540-196.555, 496.162 & 506.129

Proposed Adoptions: Rules in 635-012

Proposed Amendments: Rules in 635-012

Proposed Repeals: Rules in 635-012

Proposed Renumberings: Rules in 635-012

Proposed Ren. & Amends: Rules in 635-012

Last Date for Comment: 8-3-12, 8 a.m

Summary: Adoptions and amendments to Oregon’s Administrative Rules relative to Oregon’s Marine Reserves extensively modify and expand regulations for the marine reserves and marine protected areas to meet mandates of Senate Bill 1510 (2012). These rules allow establishment, study, monitoring, evaluation, and enforcement of: (1) A marine reserve and two marine protected areas at Cape Falcon; (2) A marine reserve and three marine protected areas at Cascade Head; and (3) A marine reserve, two marine protected areas and a seabird protection area at Cape Perpetua.

Rules Coordinator: Therese Kucera

Address: Department of Fish and Wildlife, 3406 Cherry Ave. NE, Salem, OR 97303

Telephone: (503) 947-6033


 

Rule Caption: Allowable Sales of Steelhead and Walleye by Columbia River Treaty Tribes.

Date: Time: Location:

8-3-12  8 a.m. 3406 Cherry Ave. NE  Salem, OR 97303

Hearing Officer: Oregon Fish & Wildlife Commission

Stat. Auth.: ORS 506.119, 508.530 & 509.031

Stats. Implemented: ORS 498.022, 506.129, 508.535 & 508.550

Proposed Adoptions: Rules in 635-041

Proposed Amendments: Rules in 635-041

Proposed Repeals: Rules in 635-041

Last Date for Comment: 8-3-12, 8 a.m.

Summary: Rule modifications allow licensed wholesale fish dealers, canners or buyers to purchase steelhead trout and walleye from Columbia River Treaty Tribal fishers and then sell or distribute the steelhead trout and walleye, assuming the fish were lawfully taken during open commercial fishing seasons. 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: Amendments regarding harvest of game birds, season dates, open areas and bag limits.

Date: Time: Location:

8-3-12  8 a.m. 3406 Cherry Ave. NE  Salem, OR 97303

Hearing Officer: Oregon Fish and 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, 635-044, 635-045, 635-051, 635-052, 635-053, 635-054, 635-056, 635-060, 635-200

Last Date for Comment: 8-2-12, Close of Business

Summary: Amend rules regarding the harvest of game birds including 2012-2013 season dates, open areas, regulations and bag limits. Amend rules regarding unprotected wildlife.

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, Administrative Services Division and Director’s Office, Chapter 407

Rule Caption: Update of Criminal Records Check Rules for Department of Human Services Providers.

Date: Time: Location:

7-19-12  3:30 p.m. Human Services Bldg., Rm. 352  500 Summer St. NE  Salem, OR 97301

Hearing Officer: Jennifer Bittel

Stat. Auth.: ORS 181.534, 181.537, 183.459, 409.025, 409.027, 409.050, 410.020, 411.060, 411.122, 418.016, 418.640, 441.055, 443.730, 443.735 & 678.153

Stats. Implemented: ORS 181.534, 181.537, 183.459, 409.010, 409.025, 409.027, 411.060, 411.122, 443.004 & 2012 OL Ch. 70

Proposed Adoptions: 407-007-0277

Proposed Amendments: 407-007-0200, 407-007-0210, 407-007-0220, 407-007-0230, 407-007-0240, 407-007-0250, 407-007-0275, 407-007-0280, 407-007-0290, 407-007-0300, 407-007-0315, 407-007-0320, 407-007-0325, 407-007-0330, 407-007-0335, 407-007-0340, 407-007-0350, 407-007-0370

Proposed Repeals: 407-007-0200(T), 407-007-0210(T), 407-007-0215(T), 407-007-0220(T), 407-007-0230(T), 407-007-0240(T), 407-007-0250(T), 407-007-0275(T), 407-007-0277(T), 407-007-0280(T), 407-007-0290(T), 407-007-0300(T), 407-007-0315(T), 407-007-0320(T), 407-007-0325(T), 407-007-0330(T), 407-007-0335(T), 407-007-0340(T), 407-007-0350(T), 407-007-0370(T)

Last Date for Comment: 7-25-12, 5 p.m.

Summary: The Background Check Unit (BCU) implemented the use of the Criminal Records Information Management System (CRIMS); the proposed rule changes align with CRIMS processing. To protect the security of the background check process, qualified entity designees (QEDs) and qualified entity initiators (QEIs) are now required for qualified entities for background check submission and processing. BCU makes all preliminary fitness determinations requiring a weighing test and all final fitness determinations. The definitions for the Department of Human Services’ (Department) criminal records check rules for providers are being amended to correctly align with ORS 443.004 and changes made in other Department program administrative rules. On March 27, 2012, HB 4084 from the 2012 Legislative session was signed into law. The amendment of OAR 407-007-0275 and the creation of OAR 407-007-0277 address changes to ORS 443.004 from HB 4084.

 Proposed rules are available on the Background Check Unit website: http://www.oregon.gov/DHS/chc/index.shtml, and the Department of Human Services website: http://www.oregon.gov/DHS/admin/dwssrules/index.shtml. For hardcopy requests, call: (503) 947-5250.

Rules Coordinator: Jennifer Bittel

Address: Department of Human Services, Administrative Services Division and Director’s Office, 500 Summer St. NE, Salem, OR 97301

Telephone: (503) 947-5250


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

Rule Caption: Medicaid Nursing Facilities.

Date: Time: Location:

7-17-12  3:30 p.m. 500 Summer St. NE, Rm. 160  Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 410.070 & 414.065

Other Auth.: Senate Bill 939 (2011) (2011 OL Ch. 630)

Stats. Implemented: ORS 410.070 & 414.065

Proposed Amendments: 411-070-0442, 411-070-0452

Last Date for Comment: 7-23-12, 5 p.m.

Summary: The Department of Human Services (Department) is proposing to amend OAR 411-070-0442 and 411-070-0452 to extend Medicaid-certified long term care facility reimbursement rates at their current level as of June 30, 2011 to the end of the 2011-2013 biennium in accordance with the legislatively adopted budget and Senate Bill 939 (2011).

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: Residential Care and Assisted Living Facilities.

Date: Time: Location:

7-17-12  2:30 p.m. 500 Summer St. NE, Rm. 160  Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 410.070 & 443.450

Other Auth.: Senate Bill 557 (2011)

Stats. Implemented: ORS 443.004, 443.400–443.455 & 443.991

Proposed Amendments: 411-054-0005, 411-054-0010, 411-054-0012, 411-054-0013, 411-054-0016, 411-054-0019, 411-054-0025, 411-054-0027, 411-054-0034, 411-054-0085, 411-054-0093, 411-054-0200, 411-054-0300

Last Date for Comment: 7-23-12, 5 p.m.

Summary: The Department of Human Services (Department) is updating the residential care (RCF) and assisted living facility (ALF) rules in OAR chapter 411, division 054 to:

 • Update the application and license renewal requirements to comply with direction from the Center for Medicare and Medicaid Services (CMS) regarding ownership;

 • Comply with Senate Bill 557 regarding the sexual assault task force by requiring facilities to implement a policy for the referral of residents who may be victims of acute sexual assault to the nearest trained sexual assault examiner;

 • Update the facility building requirements as of August 1, 2012 to comply with current building codes and regulations and the International Code Council, American National Standards Institute (ICC/ANSI), Accessible and Usable Building and Facilities, A117.1;

 • Clarify the rules relating to remodeling, renovating, and resident displacement due to remodeling;

 • Remove the requirement that providers submit an Emergency Preparedness Plan Summary to the Department annually and upon change in ownership to reduce the workload impact for providers and the Department which is prudent during these times of fiscal reductions;

 • Comply with the Oregon Indoor Clean Air Act, ORS 443.835 to 433.875, by clarifying the evaluation of smoking addressed in service plans; and

 • Clarify the rules relating to voluntary closures, ownership issues, required postings, use of resident funds, and the evaluation of alcohol and drug use addressed in service plans.

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 Transportation, Driver and Motor Vehicle Services Division, Chapter 735

Rule Caption: Registration Card; Information Required by the Department.

Stat. Auth.: ORS 184.616, 184.619, 802.010 & 803.500

Stats. Implemented: ORS 803.500

Proposed Adoptions: 735-030-0105

Last Date for Comment: 7-23-12, Close of Business

Summary: ORS 803.500 specifies the information required to be shown on an Oregon registration card. That information includes the name of the registered owner, vehicle make, year model, vehicle identification number, vehicle mileage, and the word “totaled” if the vehicle has been reported totaled to the department. In addition, DMV is granted authority to specify any other information required to be shown on the registration card.

 As authorized under ORS 803.500(7), DMV proposes to adopt OAR 735-030-0105 to specify information required by DMV to be shown on an Oregon vehicle registration card. The proposed rule also authorizes the registered owner to black out or otherwise obscure the residence address, business address, vehicle address, and mailing address once the registration card has been received.

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

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171


Department of Transportation, Motor Carrier Transportation Division, Chapter 740

Rule Caption: Motor carrier accounts.

Stat. Auth.: ORS 184.616, 184.619, 823.011 & 825.470

Stats. Implemented: ORS 823.027, 823.029, 825.470 & 825.506

Proposed Adoptions: 740-035-0005, 740-035-0015, 740-055-0025

Proposed Amendments: 740-040-0070

Last Date for Comment: 7-23-12, Close of Business

Summary: These rules describe the application process for certificates, permits, and licenses for a motor carrier to obtain authority to operate in Oregon. In addition, these rules describe the records, reports, fees and taxes that relate to a motor carrier’s account and the applicable bond and insurance requirements. The proposed new rules define the meaning of a temporary motor carrier account, an established motor carrier account and a motor carrier’s legal entity. A temporary motor carrier account is necessary to temporarily grant authority to operate a commercial motor vehicle in Oregon. Because fees, registration and taxes are paid at the time a temporary pass is purchased, a motor carrier operating on a temporary account is not required to complete an Application for Motor Carrier Account Form 9075 which is necessary to determine the motor carrier’s legal entity. The proposed new rule limits the number of temporary passes a motor carrier can purchase in a twelve month period before a motor carrier is required to provide the Department with sufficient information to identify the motor carrier’s legal entity. The proposed new rules are needed to ensure a motor carrier that operates on a regular basis in Oregon establishes an account, provides the Department with their legal entity, and provides deposits to secure payment of fees. The proposed rule amendment establishes cash deposit and security bond requirements for motor carriers that operate on temporary accounts. A temporary pass fee is $9 and is charged every time a pass is issued.

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

Rules Coordinator: Lauri Kunze

Address: Department of Transportation, Motor Carrier Transportation Division, 3930 Fairview Industrial Dr. SE, Salem, OR 97302

Telephone: (503) 986-3171


 

Rule Caption: Registration refunds and transfer of fees.

Stat. Auth.: ORS 184.616, 184.619 & 823.011

Stats. Implemented: ORS 803.590, 826.009, 826.011, 826.027 & 826.039

Proposed Amendments: 740-200-0030

Last Date for Comment: 7-23-12, Close of Business

Summary: These rules describe registration and the methods the Department will reimburse unused apportioned and non-apportioned registration fees. The proposed rule amendments provide definitions that explain when the Department will allow unused registration fees to be refunded or transferred to a like vehicle in the registrant’s fleet. In addition, the proposed rule amendments specify the conditions for granting credit or not. The rules are needed to clarify the scope and intent of Division 200 rules regarding unused registration fee disbursement and reflect current practices.

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

Rules Coordinator: Lauri Kunze

Address: Department of Transportation, Motor Carrier Transportation Division, 3930 Fairview Industrial Dr. SE, Salem, OR 97302

Telephone: (503) 986-3171


Landscape Contractors Board, Chapter 808

Rule Caption: Amends 2011–2013 adopted budget.

Date: Time: Location:

7-23-12  9 a.m. 2111 Front St. NE, Suite 2-101  Salem, OR 97301

Hearing Officer: Shelley Sneed

Stat. Auth.: ORS 670.310 & 671.760

Stats. Implemented: ORS 182.462

Proposed Amendments: 808-001-0008

Last Date for Comment: 7-23-12, 5 p.m.

Summary: OAR 808-001-0008 is being amended to amend the 2011–2013 budget.

Rules Coordinator: Kim Gladwill-Rowley

Address: Landscape Contractors Board, 2111 Front Street NE, Suite 2-101, Salem, OR 97301

Telephone: (503) 967-6291, ext. 223


Oregon Health Authority, Chapter 943

Rule Caption: Public Contracting and Procurement Rules for the Oregon Health Authority.

Date: Time: Location:

7-19-12  1 p.m. State Library Bldg., Rm. 102  Salem, OR

Hearing Officer: Jennifer Bittel

Stat. Auth.: ORS 179.040, 279A.065, 279A.070, 413.014, 413.033 & 413.042

Stats. Implemented: ORS 179.040, 279A.025, 279A.050, 279A.065, 279A.070, 279A.075, 279A.140, 279A.180, 279B.050, 279B.085, 413.033, 413.042 & 670.600

Proposed Adoptions: 943-060-0000 – 943-060-0120

Proposed Repeals: 943-060-0050(T)

Last Date for Comment: 7-25-12, 5 p.m.

Summary: The Oregon Health Authority (Authority) developed these rules to implement the authority granted to the Authority under ORS 179.040 to enter into contracts for the planning, erection, completion, and furnishing of new buildings and additions to its institutions, as well as to establish contracts for goods and services necessary for the successful management and maintenance of the institutions within the Authority’s jurisdiction. ORS 279A.050 gives the Authority independent power to procure goods, services, personal services, construction materials, equipment, and supplies for the Authority’s institutions. In addition, ORS 279A.050 authorizes the Authority to make procurements in connection with the construction, demolition, exchange, maintenance, operation, and equipping of housing for persons with chronic mental illness. ORS 413.033 grants the Authority’s Director the ability to exercise all powers necessary to effectively and expeditiously carry out the procurement functions vested in OHA by ORS 179.040 and 279A.050.

Rules Coordinator: Evonne Alderete

Address: Oregon Health Authority, 500 Summer St. NE, Salem, OR 97301

Telephone: (503) 932-9663


 

Rule Caption: Criminal and Abuse Checks and Appeal Rights for Authority Employees, Volunteers, Contractors and Providers.

Stat. Auth.: ORS 181.534, 181.537 & 413.042

Other Auth.: HB 2009, enacted in 2009 OL Ch. 595, Sec. 19-25

Stats. Implemented: ORS 181.534, 181.537 & 183.341

Proposed Adoptions: 943-007-0001, 943-007-0335, 943-007-0501

Proposed Repeals: 943-007-0001(T), 943-007-0335(T), 943-007-0501(T)

Last Date for Comment: 7-26-12, 5 p.m.

Summary: HB 2009 (2009) created the Oregon Health Authority and transferred to the Authority the Department of Human Services’ (Department) Divisions with respect to health and health care. HB 2100 allows the Authority to use abuse investigation reports when conducting background checks on individuals who are employed, seek employment, volunteer, or seek to be a volunteer, provide care, or seek to be a care provider on behalf of the Authority for clients of the Authority.

 The Authority needs to adopt and incorporate by reference the Department’s rules in chapter 407-007-0000 to 0075; 407-007-0090 to 0100; 407-0200 to 0275; 407-007-0340 to 0370; and 407-007-0400 to 0460 for matters that involve Authority employees, volunteers, contractors or providers subject to criminal and abuse checks before the individual may work, volunteer be employed, hold the position, or provide services.

 The Authority needs to adopt OAR 943-007-0001 which allows the Authority to use reports of abuse and neglect when conducting background checks on subject individuals.

 The Authority needs to adopt OAR 943-007-0501 which explains how an individual may contest a fitness determination and OAR 943-007-0335, which explains how providers may contest a Notice of Intent to Deny.

Rules Coordinator: Evonne Alderete

Address: Oregon Health Authority, 500 Summer St. NE, Salem, OR 97301

Telephone: (503) 932-9663


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

Rule Caption: Rural Medical Practitioners Insurance Subsidy Program Practitioner Participation Criteria and Carrier Requirements for Subsidy Payments.

Date: Time: Location:

7-17-12  10:30 a.m. 500 Summer St. NE, Rm. 137C   Salem, OR 97301

Hearing Officer: Cheryl Peters

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 676.550, 676.552, 676.554 & 676.556

Proposed Adoptions: 410-500-0000, 410-500-0010, 410-500-0020, 410-500-0030, 410-500-0040, 410-500-0050, 410-500-0060.

Last Date for Comment: 7-19-12, 5 p.m.

Summary: The Rural Medical Practitioners Insurance Subsidy Program administrative rules govern Division payments to medical professional liability insurance carriers from the Rural Medical Liability Subsidy Fund. Payments from the fund will subsidize the cost of premiums charged by carriers to qualified practitioners for policies issued, in force, or renewed on or after January 1, 2012. The Authority needs to adopt these rules to identify medical practitioner criteria for participation in the program, as well as insurance carrier requirements for submitting requests for subsidy payments

Rules Coordinator: Cheryl Peters

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

Telephone: (503) 945-6527


 

Rule Caption: Adopts Attorney General’s model rules with the exception to the postmark date.

Date: Time: Location:

7-15-12  10:30 a.m. 500 Summer St. NE, Rm. 137C  Salem, OR 97301

Hearing Officer: Cheryl Peters

Stat. Auth.: ORS 183.341 & 413.042

Stats. Implemented: ORS 183.411–183.470, 414.025 & 414.065

Proposed Amendments: 410-141-0264

Last Date for Comment: 7-19-12, 5 p.m.

Summary: The Division needs to amend this rule effective to February 1, 2012, This rule needs to be amended because basing timeliness of a hearing request on the date of a postmark, as set forth in the Department of Justice model rules OAR 137 division 003 would create operational conflicts due to the number of client documents received, the number of staff opening mail, and the expense of changing procedures about saving envelopes. This amendment avoids these conflicts by continuing current contested case procedures under which the timeliness of a hearing request is based on the date the Division receives it, not the date of the postmark.

Rules Coordinator: Cheryl Peters

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

Telephone: (503) 945-6527


 

Rule Caption: Implementation of Coordinated Care Organizations to Provide Care for Medical Assistance Recipients.

Date: Time: Location:

7-17-12  10:30 a.m. 500 Summer St. NE  Human Services Bldg., Rm. 137C  Salem, OR 97301

Hearing Officer: Cheryl Peters

Stat. Auth.: ORS 410.032, 414.615, 414.625, 414.635 & 414.651

Other Auth.: ORS 2011 HB 3650, 2011 OL Ch. 602 & 2012 SB 1580

Stats. Implemented: ORS 414.610–414.685

Proposed Adoptions: 410-141-3000, 410-141-3010, 410-141-3015, 410-141-3020, 410-141-3030, 410-141-3050, 410-141-3060, 410-141-3070, 410-141-3080, 410-141-3120, 410-141-3140, 410-141-3145, 410-141-3160, 410-141-3170, 410-141-3180, 410-141-3200, 410-141-3220, 410-141-3260, 410-141-3261, 410-141-3262, 410-141-3263, 410-141-3264, 410-141-3268, 410-141-3270, 410-141-3280, 410-141-3300, 410-141-3320, 410-141-3340, 410-141-3345, 410-141-3350, 410-141-3355, 410-141-3360, 410-141-3365, 410-141-3370, 410-141-3375, 410-141-3380, 410-141-3385, 410-141-3390, 410-141-3395, 410-141-3420

Proposed Amendments: 410-141-0000

Proposed Repeals: 410-141-3265, 410-141-3266

Last Date for Comment: 7-22-12, 5 p.m.

Summary: These rules establish the requirements for Coordinated Care Organizations (CCO) under Oregon’s Integrated and Coordinated Health Care Delivery System. CCOs will improve health, increase the quality, reliability, availability and continuity of care, as well as to reduce costs. CCOs will provide medical assistance recipients with health care services that are supported by alternative payment methodologies that focus on prevention and that use patient-centered primary care homes, evidence-based practices and health information technology to improve health and reduce health disparities. The Authority needs to adopt these rules to establish transitional processes, the application process, application criteria, financial solvency requirements and the client grievance system.

Rules Coordinator: Cheryl Peters

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

Telephone: (503) 945-6527


Oregon Health Licensing Agency, Chapter 331

Rule Caption: Adopt qualifications and requirements for polysomnographic technologist licensure including pathways to licensure, supervision protocols/requirements.

Stat. Auth.: ORS 676.615, 676.607, 688.819, 688.830

Stats. Implemented: ORS 676.607, 676.615, 688.800, 688.815, 688.819, 688.830

Proposed Adoptions: 331-710-0060, 331-710-0070, 331-710-0080, 331-710-0090, 331-710-0100, 331-710-0110

Proposed Amendments: 331-710-0010, 331-710-0040, 331-710-0050

Last Date for Comment: 7-28-12, 5 p.m.

Summary: Repeal requirement that an individual applying for licensure must provide proof of high school diploma or General Education Degree (GED) and align with statutory requirement of a high school diploma or equivalent pursuant to ORS 688.815.

 Align timeline for passing the Board approved examination with other Agency programs to two-years.

 Amend documentation of 18 months experience to “work experience” pursuant to OAR 331-710-0110 and require passage of Oregon Laws and Rules Examination for Polysomnography.

 Adopt application requirements for polysomnographic technologist’s licensure. Pathways to licensure include the following: Pathway 1 academic degree pursuant to ORS 688.819(1); Pathway 2 completion of the polysomnographic technologist temporary licensee training requirements; Pathway 3 reciprocity and Pathway 4 endorsement with proof of current license as a physician or respiratory therapist or credential from the National Board of Respiratory Care as a Certified Respiratory Therapist or Registered Respiratory Therapist with the Sleep Disorder Specialty.

 Adopt rule which defines the a Polysomnographic Technologist under direct and indirect supervision including timeline, supervision requirements and notification of changes.

 Adopt application requirements for a Polysomnographic Technologist-Direct Supervision licensee including minimum education requirements and completion of the American Academy of Sleep Medicine (AASM) Accredited Sleep Technology Education Program (A-STEP) Self Study Modules.

 Adopt application requirements for a Polysomnographic Technologist-Indirect Supervision licensee including minimum number of sleep studies performed and passage of Oregon Laws and Rules Examination for polysomnography.

 Adopt rule which specifies requirements for being an approved supervisor for temporary polysomnographic technologist including current licensure as a polysomnographic technologist with no current or pending disciplinary action, three years experience in polysomnography, ratio of patients to supervisors, notification requirements and documentation of work experience.

Rules Coordinator: Samantha Patnode

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

Telephone: (503) 373-1917


Oregon Liquor Control Commission, Chapter 845

Rule Caption: Amend rule to implement statutory changes allowing additional Special Events Distillery license privileges.

Date: Time: Location:

7-24-12  10 a.m. 9079 SE McLoughlin Blvd.  Portland, OR 97222

Hearing Officer: Jennifer Huntsman

Stat. Auth.: ORS 471, 471.030, 471.040 & 471.730(1) & (5)

Stats. Implemented: ORS 471.230

Proposed Amendments: 845-005-0413

Last Date for Comment: 8-7-12, 5 p.m.

Summary: This rule describes the Special Events license that is available to current Distillery licensees and also describes the application process. House Bill (HB) 4092 amends ORS 471.230 to provide the additional license privileges of selling distilled spirits manufactured by the distillery licensee both by the drink and by the bottle at these special events. Staff recommends amending section (5) of the rule by adding a new (5)(h) which requires compliance with applicable food standards if the licensee chooses to offer distilled spirits by the drink. Staff also recommends replacing the current sections (14) and (15) regarding tastings with a new section (14) outlining the three privileges now allowed: tastings, drinks, and factory-sealed containers (bottles). This new language will also include any purchase or sale pricing requirements as specified in statute. Because the statute specifies that they must be appointed as a retail outlet agent to sell by the bottle, subsection (14)(c) will also include a cross reference to their agent agreement and manual. Also recommended by staff is the deletion of section (18), since the same rules governing service permit and server age requirements that apply to all other licensees will now apply to this special event license. And finally, staff recommends minor housekeeping amendments such as deleting the duplicative language of section (19) regarding violation level.

Rules Coordinator: Jennifer Huntsman

Address: Oregon Liquor Control Commission, 9079 SE McLoughlin Blvd., Portland, OR 97222

Telephone: (503) 872-5004


Oregon Public Employees Retirement System, Chapter 459

Rule Caption: Establish uniform rules applicable when PERS has independent contracting and procurement authority.

Date: Time: Location:

8-22-12  2 p.m. PERS Boardroom  11410 SW 68th Pkwy.  Tigard, OR 97223

Hearing Officer: Daniel Rivas

Stat. Auth.: ORS 238 & 238A, 238.410, 238.650 & 238A.450

Stats. Implemented: ORS 238, 238A, 279A, 279B & 279C, 243.470 & 243.478

Proposed Adoptions: 459-005-0400, 459-005-0410, 459-005-0420, 459-005-0430

Proposed Repeals: 459-035-0200, 459-035-0220

Last Date for Comment: 8-29-12, 5 p.m.

Summary: PERS is generally subject to the public contracting and procurement provisions in ORS Chapters 279A, 279B, and 279C, with some statutory exceptions. The purpose of this rulemaking is to establish uniform rules applicable when PERS has independent contracting and procurement authority. PERS proposes to adopt the DOJ Model Public Contracting Rules, as effective on January 1, 2012 and as thereafter amended, as generally applicable to PERS, with exceptions being specifically identified.

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713


Oregon University System, Eastern Oregon University, Chapter 579

Rule Caption: To increase monthly rent due to increased costs.

Stat. Auth.: ORS 351.070

Stats. Implemented: ORS 351.070

Proposed Amendments: 579-030-0010

Last Date for Comment: 7-23-12, 5 p.m.

Summary: Family Housing two bedroom units $350, includes water, sewer and garbage service. $30.00 application deposit required.

Rules Coordinator: Teresa Carson-Mastrude

Address: Oregon University System, Eastern Oregon University, One University Blvd., Inlow Hall 202A, La Grande, OR 97850

Telephone: (541) 962-3773


Oregon University System, Oregon State University, Chapter 576

Rule Caption: Providing random and individualized drug testing of athletes.

Date: Time: Location:

7-24-12  1 p.m. Memorial Union 206  Oregon State University  Corvallis, OR

Hearing Officer: Beth Giddens

Stat. Auth.: ORS 351.070

Stats. Implemented: ORS 351.070

Proposed Amendments: 576-023-0005, 576-023-0010, 576-023-0015, 576-023-0020, 576-023-0025, 576-023-0030, 576-023-0035, 576-023-0040

Proposed Repeals: 576-023-0012

Last Date for Comment: 7-26-12, Close of Business

Summary: The University will not tolerate or condone the use of illegal drugs and substances, and there is no place in the University’s athletics program for substance abuse or the use of performance enhancing drugs. This policy furthers the University’s interests in ensuring the safety of its student athletes and those who compete against them, maintaining a fair competing field and educating students about the development of a healthy and responsible lifestyle in college and throughout life. The University’s drug-free athletics program includes not only random and individualized drug testing, but also educational programs, substance abuse evaluation, treatment and disciplinary measures.

Rules Coordinator: Beth Giddens

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

Telephone: (541) 737-2449


 

Rule Caption: Allowing beer and wine consumption at the OSU-Cascades campus.

Date: Time: Location:

7-24-12  1 p.m. Memorial Union 206  Oregon State University  Corvallis, OR

Hearing Officer: Beth Giddens

Stat. Auth.: ORS 351.070

Stats. Implemented: ORS 351.070

Proposed Amendments: 576-060-0025, 576-060-0035

Last Date for Comment: 7-26-12, 11:30 a.m.

Summary: The proposed rule change would allow serving of beer and wine, along with food and non-alcohol beverages, at the OSU-Cascades campus under guidelines established by the Vice-President for Finance and Administration.

Rules Coordinator: Beth Giddens

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

Telephone: (541) 737-2449


Oregon University System, University of Oregon, Chapter 571

Rule Caption: Amend OAR 571-060-0005 to include residence hall room and board rates.

Date: Time: Location:

7-24-12  9 a.m. Walnut Rm., Erb Memorial Union   University of Oregon  Eugene, OR

Hearing Officer: Kathie Stanley

Stat. Auth.: ORS 351.070 & 352

Other Auth.: Delegation granted in OSBHE Finance & Administration Committee Nov. 4, 2011 mtg.

Stats. Implemented: ORS 351.070

Proposed Amendments: 571-060-0005

Last Date for Comment: 7-25-12, 12 p.m.

Summary: The University administration has determined that the adoption of the amendments to the residence hall room and board rates will be necessary in order to provide the basis for funding to cover the expenses for providing UO on-campus housing and dining. This permanent rule will replace the temporary rule to be effective July 1, 2012.

 Copies of proposed amendments to the rates may be obtained from Lauren Townsend, Rules Coordinator, at lmt@uoregon.edu or 541-346-3082.

Rules Coordinator: Lauren Townsend

Address: Oregon University System, University of Oregon, 1226 University of Oregon, Eugene, OR 97403

Telephone: (541) 346-3082


Oregon University System, Western Oregon University, Chapter 574

Rule Caption: Revisions to special course fees/general services fees; student conduct and judicial structure; parking regulations.

Stat. Auth.: ORS 351.070 & 351.072

Stats. Implemented: ORS 351.070 & 351.072

Proposed Adoptions: 574-085-0140

Proposed Amendments: 574-031-0000, 574-031-0010, 574-031-0020, 574-031-0030, 574-031-0040, 574-032-0000, 574-032-0010, 574-032-0020, 574-032-0030, 574-032-0040, 574-032-0050, 574-032-0060, 574-032-0070, 574-032-0080, 574-032-0090, 574-032-0100, 574-032-0110, 574-032-0120, 574-032-0130, 574-032-0150, 574-032-0160, 574-050-0005, 574-085-0000, 574-085-0020, 574-085-0040, 574-085-0060, 574-085-0070, 574-085-0110, 574-085-0120

Last Date for Comment: 7-21-12, 5 p.m.

Summary: Amendments will allow for increases, additions, and revisions of special course fees and general services fees, code of student conduct and judicial structure; and parking regulations.

Rules Coordinator: Debra L. Charlton

Address: Oregon University System, Western Oregon University, 345 N Monmouth Ave., Monmouth, OR 97361

Telephone: (503) 838-8597

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, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

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

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