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Oregon Bulletin

July 1, 2013

 

NOTICES OF PROPOSED RULEMAKING AND
PROPOSED RULEMAKING HEARINGS

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

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

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

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

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


Board of Chiropractic Examiners, Chapter 811

Rule Caption: Amend the pre-paid treatment plan rule.

Date: Time: Location:

7-18-13  9 a.m. Hampton Hall   University of Western States  2900 NE 132nd Ave.  Portland, OR

Hearing Officer: Dave McTeague, Executive Director

Stat. Auth.: ORS 684

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

Proposed Amendments: 811-015-0002

Last Date for Comment: 7-18-13, 5 p.m.

Summary: More explicit rule language is needed for refund provisions when a patient or doctor terminate pre-paid treatment plan care.

Rules Coordinator: Kelly J. Beringer

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

Telephone: (503) 373-1573


 

Rule Caption: Ownership rule provides that chiropractic clinic owners share responsibility for employees/associates compliance with law.

Date: Time: Location:

7-18-13  9 a.m. Hampton Hall,   University of Western States  2900 NE 132nd Ave.  Portland, OR

Hearing Officer: Dave McTeague, Executive Director

Stat. Auth.: ORS 684

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

Proposed Adoptions: 811-010-0125

Last Date for Comment: 7-18-13, 5 p.m.

Summary: New rule provides chiropractic clinic owners share responsibility for employees’ and associates’ compliance.

Rules Coordinator: Kelly J. Beringer

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

Telephone: (503) 373-1573


 

Rule Caption: Proposed rule extends records retention requirements to written patient file reviews.

Date: Time: Location:

7-18-13  9 a.m. Hampton Hall,   University of Western States  2900 132nd, Ave.  Portland, OR

Hearing Officer: Dave McTeague, Executive Director

Stat. Auth.: ORS 684

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

Proposed Amendments: 811-015-0005

Last Date for Comment: 7-18-13, 5 p.m.

Summary: An amendment to the records rule would require written reports of file reviews to be retained similar to other requirements for maintaining patient records.

Rules Coordinator: Kelly J. Beringer

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

Telephone: (503) 373-1573


Board of Geologist Examiners, Chapter 809

Rule Caption: Adding Proctored Examination Reviews to Services Offered to Geology and Certified Engineering Geology Examination Candidates

Date: Time: Location:

7-18-13  9 a.m. Association Center  707 13th St. SE  Salem, OR 97301

Hearing Officer: Christine Valentine

Stat. Auth.: For 809-040-0021: ORS 672.555 & 672.575. For 809-010-0001: ORS 182.466, 670.310 & 672.705

Stats. Implemented: For 809-040-0021: ORS 672.555 & 672.575. For 809-010-0001: ORS 672.705

Proposed Amendments: 809-040-0021, 809-010-0001

Last Date for Comment: 7-18-13, 5 p.m.

Summary: The rule amendments are proposed to add proctored reviews for Association of State Boards of Geologists (ASBOG) and Certified Engineering Geology (CEG) examinations to the services offered to examination applicants. The Board has not historically offered these services. ASBOG, the national exam provider for the Geology Fundamentals and Geology Practice Examination Sections, requires that a state board have an adopted policy specifying that proctored review is offered before it will accommodate that exam-related service in the state. By amending the rule, the Board would make it clear that proctored reviews are allowed for Oregon candidates sitting for ASBOG exams. The Board would also be providing an equitable option to those taking the CEG examination. The rule title would be updated to more accurately describe the exam-related services. The Fee rule would be updated to specify the charges for these newly offered services plus to make other housekeeping changes.

Rules Coordinator: Christine Valentine

Address: Board of Geologist Examiners, 707 13th St. SE, Suite 114, Salem, OR 97301

Telephone: (503) 566-2837


Board of Licensed Professional Counselors and Therapists, Chapter 833

Rule Caption: Distance supervision of registered interns

Stat. Auth.: ORS 675.705–675.835

Stats. Implemented: ORS 675.705–675.835

Proposed Amendments: 833-050-0081

Last Date for Comment: 7-31-13, Close of Business

Summary: Changes distance supervision requirements for registered interns; changes the requirements for supervision of registered interns.

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


Department of Agriculture, Oregon Sweet Cherry Commission, Chapter 669

Rule Caption: Reduce assessments on Fresh Market, Brined, Canned and Frozen sweet cherries by $2/ton each.

Date: Time: Location:

7-22-13  10 a.m. Hood River Port Bldg.  1000 Port Marina Park  Hood River, OR

Hearing Officer: Dana Branson

Stat. Auth.: ORS 576.304

Other Auth.: ORS 576.325

Stats. Implemented: ORS 576.325

Proposed Amendments: 669-010-0020

Last Date for Comment: 7-22-13, 5 p.m.

Summary: This rule change will lower the assessment rates on all uses of sweet cherries currently assessed and grown in Oregon. The rates for each use will be reduced $2 per ton. Due to larger than expected crops in previous years and lower research costs the commission can operate with lower assessments at this time.

Rules Coordinator: Dana Branson

Address: Department of Agriculture, Sweet Cherry Commission, 2667 Reed Rd., Hood River, OR 97031-9609

Telephone: (541) 386-5761


Department of Community Colleges and Workforce Development, Chapter 589

Rule Caption: Amends General Educational Development (GED) Fees

Date: Time: Location:

7-23-13  1 p.m. Public Service Bldg.  255 Capitol St. NE, 3rd Flr.  Salem, OR 97310

Hearing Officer: Linda Hutchins

Stat. Auth.: ORS 326.051 & 326.550

Stats. Implemented: ORS 192.440 & 326.550

Proposed Amendments: 589-007-0500

Last Date for Comment: 7-23-13, Close of Business

Summary: In 2014, the General Educational Development (GED) test will transition from paper-based testing (PBT) to computer-based testing (CBT). In anticipation of this change, several Oregon GED testing centers have already transitioned to computer-based testing. The current rule addresses PBT testing information only. The Department is amending its current rule to coincide with the revised CBT testing process and new fee structure.

Rules Coordinator: Linda Hutchins

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

Telephone: (503) 947-2456


Department of Corrections, Chapter 291

Rule Caption: Hygiene, Grooming and Sanitation of inmates in Department of Corrections institutions

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.040

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.040

Proposed Amendments: 291-123-0005, 291-123-0010, 291-123-0015

Last Date for Comment: 8-20-13, 5 p.m.

Summary: These rule modifications are necessary to clarify and update standards for proper hygiene and grooming of inmates.

Rules Coordinator: Janet R. Worley

Address: Department of Corrections, 2575 Center St. NE, Salem, OR 97301-4667

Telephone: (503) 945-0933


 

Rule Caption: Prison Advisory Committees for Department of Corrections Facilities

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Proposed Amendments: 291-200-0010, 291-200-0020, 291-200-0030

Last Date for Comment: 8-20-13, 5 p.m.

Summary: These rule modifications will allow the department to determine if a prison advisory committee should be established for a department correctional facility, rather than requiring one be established.

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:

8-2-13  8 a.m. Valley River Inn  1000 Valley River Way  Eugene, OR 97401

Hearing Officer: Fish and Wildlife Commission

Stat. Auth.: ORS 496.012, 496.138, 496.146, 496,162 & 498.002

Stats. Implemented: ORS 496.012, 496.138, 496.146, 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: 8-2-13, Close of Hearing

Summary: Amend rules regarding the harvest of game birds including 2013–2014 season dates, open areas, regulations and bag limits.

Rules Coordinator: Therese Kucera

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

Telephone: (503) 947-6033


 

Rule Caption: Require Review of Black Bear and Cougar Management Plans at Least Once Every Five Years

Date: Time: Location:

8-2-13  8 a.m. Valley River Inn  1000 Valley River Way  Eugene, OR 97401

Hearing Officer: Fish and Wildlife Commission

Stat. Auth.: ORS 496.012, 496.138, 496.146, 496.162 & 496.164

Stats. Implemented: ORS 496.012, 496.138, 496.146, 496.162 & 496.164

Proposed Amendments: 635-170-0001, 635-180-0001

Last Date for Comment: 8-2-13, Close of Hearing

Summary: Rule changes are being proposed to reinstate the language requiring the 5-year review of wildlife management plans for Black Bear and Cougar. The reviews should incorporate the best available science and should seek comments from other scientific experts in Oregon and other western states.

Rules Coordinator: Therese Kucera

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

Telephone: (503) 947-6033


 

Rule Caption: Adopt Rule Amendments Related to 2014 Oregon Sport Fishing Regulations

Date: Time: Location:

8-2-13  8 a.m. Valley River Inn  1000 Valley River Way  Eugene, OR 97401

Hearing Officer: Fish and 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, 506.109 & 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, 635-500

Proposed Amendments: Rules in 635-011, 635-013, 635-014, 635-016, 635-017, 635-018, 635-019, 635-021, 635-023, 635-039, 635-500

Proposed Repeals: Rules in 635-011, 635-013, 635-014, 635-016, 635-017, 635-018, 635-019, 635-021, 635-023, 635-039, 635-500

Last Date for Comment: 8-2-13, 8 a.m.

Summary: These rules modify sport fishing regulations for finfish, shellfish, and marine invertebrates for 2014. 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 Forestry, Chapter 629

Rule Caption: Emergency Fire Cost Committee Rules Renumbering and Rewriting

Date: Time: Location:

7-18-13  9 a.m. Oregon Depatment of Forestry  2600 State St., Bldg. C  Salem, OR 97310

Hearing Officer: Robert Young

Stat. Auth.: ORS 477.770

Other Auth.: ORS 477 & 321

Stats. Implemented: ORS 183.335, 183.341, 477.440–460 & 477.750–775

Proposed Adoptions: 629-165-0005, 629-165-0010, 629-165-0200, 629-165-0210

Proposed Repeals: 629-061-0025, 629-061-0040, 629-061-0045, 629-061-0050, 629-061-0075

Proposed Ren. & Amends: 629-060-0000 to 629-160-0000, 629-060-0005 to 629-160-0005, 629-061-0000 to 629-165-0000, 629-061-0005 to 629-165-0100, 629-061-0015 to 629-165-0300, 629-061-0020 to 629-165-0305, 629-061-0035 to 629-165-0310, 629-061-0060 to 629-165-0315, 629-061-0065 to 629-165-0320

Last Date for Comment: 9-3-13, 10 a.m.

Summary: The proposed rules renumber the existing rules to add more flexibility in future rulemaking, eliminate rules that are no longer used by the committee, and reworks existing rules to mirror current operating and accounting procedures that have been instituted over time.

 Written comments must be received by 10:00 a.m., September 3, 2013. Submissions should be addressed to Sabrina Perez, Rules Coordinator, Oregon Department of Forestry, 2600 State Street, Salem, OR 97310, sent via email to Sabrina.perez@state.or.us, or via fax to (503) 945-7212.

Rules Coordinator: Sabrina Perez

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

Telephone: (503) 945-7210


Department of Human Services, Administrative Services Division and Director’s Office, Chapter 407

Rule Caption: Update of Criminal Records Checks and Abuse Checks Rules for Department of Human Services Providers

Date: Time: Location:

7-16-13  1 p.m. State Library Bldg., 3rd Floor  Mt. Bachelor Conference Rm.  250 Winter 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

Proposed Amendments: 407-007-0200, 407-007-0210, 407-007-0220, 407-007-0230, 407-007-0240, 407-007-0250, 407-007-0275, 407-007-0277, 407-007-0280, 407-007-0290, 407-007-0320

Proposed Repeals: 407-007-0210(T), 407-007-0290(T)

Last Date for Comment: 7-22-13, 5 p.m.

Summary: The Background Check Unit (BCU) filed temporary rules in February 2013 to include certain child welfare programs under BCU processing for criminal records checks and abuse checks. These proposed rules make the temporary changes permanent.

 The definitions for the Department of Human Services (Department) criminal records checks and abuse checks rules for providers (OAR 407-007-0200 to 407-007-0370) are being amended to allow background checks on students and interns providing care in certain licensed or certified facilities; to make clear the current practice of not running background checks on privately hired individuals for residents in Aging & People with Disabilities and Developmental Disabilities program-licensed facilities; and to align with changes made in other Department administrative rules.

 These proposed rules also update the following areas to allow for better operation in the Criminal Records Information Management System used by BCU for background checks: the training requirements for qualified entity designees (QEDs) and qualified entity initiators (QEIs); the fingerprint requirements for background checks, and the issuance of notices regarding background check outcomes.

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

Rules Coordinator: Jennifer Bittel

Address: Department of Human Services, Administrative Services Division and Director’s Office, 250 Winter St. NE, Salem, OR 97301

Telephone: (503) 947-5250


 

Rule Caption: Repeal of Health Care Delivery Grant Program Rules

Stat. Auth.: ORS 409.050, 2008 HB 3626(21)

Stats. Implemented: 2008 HB 3626(21)

Proposed Repeals: 407-035-0000 – 407-035-0015

Last Date for Comment: 7-22-13, 5 p.m.

Summary: The Access and Effectiveness Health Care Delivery grant program was established in 2008 to improve access to and the effectiveness of health care delivery for families. The program was completed in 2012 and the rules can now be repealed.

 Proposed rules are available on the DHS Website: http://www.oregon.gov/DHS/admin/Pages/dwssrules/index.aspx. For hardcopy requests, call: (503) 947-5250.

Rules Coordinator: Jennifer Bittel

Address: Department of Human Services, Administrative Services Division and Director’s Office, 250 Winter St. NE, Salem, OR 97301

Telephone: (503) 947-5250


Department of Human Services, Child Welfare Programs, Chapter 413

Rule Caption: Changing OARs affecting Child Welfare programs

Date: Time: Location:

7-24-13  8:30 a.m. 500 Summer St. NE, Rm. 251  Salem, OR

Hearing Officer: Annette Tesch

Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 418.005, 418.280 & 418.285

Proposed Amendments: 413-120-0246

Last Date for Comment: 7-26-13, 5 p.m.

Summary: OAR 413-120-0246 about standards for an adoptive home is being amended to permit the Department to approve a foster home study or relative study as an adoption home study in the case of an individual or individuals residing in a state that does not complete an adoption home study prior to a child being placed with the individual or individuals or prior to the child being legally free for adoption.

 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 26, 2013 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–Child Welfare Programs, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The Department provides the same consideration to written comment as it does to any oral or written testimony provided at the public hearing.

Rules Coordinator: Annette Tesch

Address: Department of Human Services, 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:

7-24-13  8:30 a.m. 500 Summer St. NE, Rm. 251  Salem, OR

Hearing Officer: Annette Tesch

Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 418.005, 418.280 & 418.285

Proposed Amendments: 413-120-0810

Proposed Repeals: 413-120-0835, 413-120-0850

Last Date for Comment: 7-26-13, 5 p.m.

Summary: OAR 413-120-0810 about definitions used in rules concerning supervision and support of an adoptive placement is being amended to redefine the term “disruption” to be consistent with the disruption process outlined in OAR 413-120-0870. This rule is also being amended to remove the definition of a “legal risk adoptive placement” because OAR 413-120-0835 is being repealed and this topic is covered in OAR 413-110-0000 through 413-110-0060.

 OAR 413-120-0835 about adoption transition is being repealed because this rule is unnecessary and the topic is covered in OAR 413-120-0830.

 OAR 413-120-0850 about legal risk adoptive placement is being repealed because this topic is covered in OAR 413-110-0000 through 413-110-0060.

 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 26, 2013 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–Child Welfare Programs, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The Department provides the same consideration to written comment as it does to any oral or written testimony provided at the public hearing.

Rules Coordinator: Annette Tesch

Address: Department of Human Services, Child Welfare Programs, 500 Summer St. NE, E-48, Salem, OR 97301-1066

Telephone: (503) 945-6067


Department of Public Safety Standards and Training, Chapter 259

Rule Caption: Rename reading/writing standard to academic proficiency standard.

Stat. Auth.: ORS 181.640, 181.644, 183.341 & 206.015

Stats. Implemented: ORS 181.640, 181.644, 183.341 & 206.015

Proposed Amendments: 259-008-0010, 259-008-0011, 259-008-0075

Last Date for Comment: 7-22-13, Close of Business

Summary: At the request of constituents, the Department adopted a 12th grade reading/writing standard in 2001. The standard, adopted to help curb the high rate of academic failure at the academy, required employing agencies to provide evidence that a DPSST-approved reading/writing test had been administered prior to entry into a basic police training, challenging basic police training or beginning the police career officer development course (COD). A telecommunications/emergency medical dispatcher reading standard was implemented in 2002.

 This has been the practice for over 10 years until August 2012 when a question was raised regarding the applicability of the tests. As a result, the Department reevaluated the requirements of the standard and all of the approved tests. It was determined that, with one exception, the tests on the approved vendor list were not designed to measure reading or writing levels, rather they were measuring the probability of an applicant’s success in the field of law enforcement or telecommunications, in other words, they were job proficiency exams.

 It’s clear that the implementation of the reading/writing standard achieved the desired result which was to lower the rate of academic failures. However, the Department is recommending renaming the standard from a reading/writing standard to an academic proficiency standard. This proposed rule update will still require that hiring agencies administer some form of proficiency test prior to officers being allowed entry into academy, but the Department will no longer be involved in approving testing vendors, which will allow agencies to choose whichever test best fits their budgetary needs and the unique needs of their agency.

Rules Coordinator: Linsay Hale

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

Telephone: (503) 378-2431


 

Rule Caption: Housekeeping; Clarifies length of instructor certification.

Stat. Auth.: ORS 181.640 & 181.650

Stats. Implemented: ORS 181.640 & 181.650

Proposed Amendments: 259-008-0080

Last Date for Comment: 7-22-13, Close of Business

Summary: Because the Department no longer certifies courses, this proposed rule update clarifies that instructor certification is valid for a maximum of two years as prescribed by DPSST policy. Additional housekeeping changes are made for clarity.

Rules Coordinator: Linsay Hale

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: Fee for Issuance of Sno-Park Parking Permits

Stat. Auth.: ORS 184.616, 184.619, 811.595, 811.600

Stats. Implemented: ORS 811.600

Proposed Amendments: 734-020-0070

Last Date for Comment: 7-22-13, Close of Business

Summary: This rule establishes the fee for parking permits issued for winter recreation parking (Sno-Park) areas in accordance with ORS 811.595 and 811.600. Revenue generated from the sale of Sno-Park permits is accounted for separately in the Highway Fund. Funds in the account are primarily used for enforcement of the permit requirement and snow removal in the designated Sno-Park areas. There are three types of permits available to users of Sno-Parks, these are: an annual permit required from November 1 through April 30, a three-day permit valid for three consecutive days, and a one-day permit valid for a specific day. In order to keep up with increasing costs and to provide service to the recreation community, an increase in the permit fees was recommended by the Winter Recreation Advisory Committee. The committee was established in ORS 802.350 to advise the Department on matters relating to the Sno-Park program.

Rules Coordinator: Lauri Kunze

Address: Department of Transportation, Highway Division, 355 Capitol St. NE, MS 51, Salem, OR 97301

Telephone: (503) 986-3171


Department of Transportation, Motor Carrier Transportation Division, Chapter 740

Rule Caption: North American Standard Out-of-Service Criteria

Stat. Auth.: ORS 184.616, 184.619, 823.011 & 825.232

Stats. Implemented: ORS 811.175, 825.210, 825.250 & 825.252

Proposed Amendments: 740-100-0090

Last Date for Comment: 7-22-13, Close of Business

Summary: These rules describe the adoption of the North American Standard Out-of-Service Criteria, published by Commercial Vehicle Safety Alliance (CVSA). CVSA has maintained, updated and published the North American Standard Out-of-Service Criteria annually for more than twenty years. It is used by qualified, specially trained and certified state, provincial, territorial and federal law enforcement personnel in identifying Critical Vehicle Inspection Item violations during a roadside inspection. Being cited for these violations can prohibit a motor carrier or operator from driving or operating a commercial motor vehicle for a specified period of time or until the defective condition is corrected. A Memorandum of Understanding (MOU) is signed by the CVSA members to establish uniformity and reciprocity of on-highway enforcement and improve the safe operation of commercial vehicles. The MOU is a working agreement which outlines the various minimum inspections and out of service criteria which parties to the agreement will follow. By signing the MOU, a state agrees to adopt the Out-of-Service Criteria. In addition, the terms of Motor Carrier Safety Assistance Program (MCSAP) contracts signed by local agencies with MCTD, agree to enforce the North American Standard Out-of-Service Criteria. Failure to adopt the North American Standard Out-of-Service Criteria could result in a major negative economic impact to state agencies by jeopardizing Oregon’s continued receipt of $2.6 million in MCSAP funds per year.

 The April 1, 2013 revision of the North American Standard Out-of-Service Criteria amended the Driver Out of Service Criteria by removing the entry Driver Disqualification. CVSA’s new out-of-service criteria provides that a driver whose driving privilege has been suspended or revoked is only placed out-of-service if the state that issued the CDL is aware of the license privilege withdrawal. The new out-of-service criteria is in conflict with 49 CFR 391.15 which provides that a driver whose driving privileges are withdrawn in any jurisdiction is disqualified driving a Commercial Motor Vehicle until the withdrawal is lifted. Oregon’s statute on point, ORS 811.175, mirrors the federal regulation cited above.

 The proposed rule amendment creates an exception from the new CVSA Out-of-Service Criteria that corrects the conflict between new CVSA Out-of-Service Criteria and ORS 811.175. The proposed rule amendment creates an exception from the new CVSA Out-of-Service Criteria that corrects the conflict between new CVSA Out-of-Service Criteria and ORS 811.175 and meets the MCSAP grant provisions that require Oregon to check CDL status. The exception allows for drivers found to be disqualified in Oregon or any other jurisdiction to be placed out-of-service until re-qualification is established as specified in 49 ¦ CFR 391.15(a).

Rules Coordinator: Lauri Kunze

Address: Department of Transportation, Motor Carrier Transportation Division, 355 Capitol St. NE, MS 51, Salem, OR 97301

Telephone: (503) 986-3171


Oregon Department of Education, Chapter 581

Rule Caption: Career and Technical Education (CTE) Revitalization Grant

Stat. Auth.: ORS 344.075

Stats. Implemented: ORS 344.075

Proposed Amendments: 581-044-0210, 581-044-0220, 581-044-0230, 581-044-0240, 581-044-0250, 581-044-0260

Last Date for Comment: 7-31-13, 5 p.m.

Summary: The proposed rule changes replace the existing Proposal Review Committee with a Grant Advisory Committee, allows additional appointees for proposal review, and adds sustainability of partnerships as an additional grant criteria for the CTE Revitalization Grant. Additional changes are proposed to reflect the current administrative structure of the Oregon Department of Education.

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


 

Rule Caption: School District Improvement Plans

Stat. Auth.: ORS 326.051 & 329.075

Stats. Implemented: ORS 329.095

Proposed Amendments: 581-022-0606

Last Date for Comment: 7-31-13, 5 p.m.

Summary: The rule amendments change the frequency of the submission of district improvement plans and add library plans to the goals that must be included.

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


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

Rule Caption: Align with Department of Human Services OAR chapter 461, medical eligibility rules

Date: Time: Location:

7-17-13  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 413.042 & 414.065

Proposed Amendments: 410-120-0006

Last Date for Comment: 7-19-2013, 5 p.m.

Summary: The General Rules Program administrative rules govern the Division’s payments for services provided to clients and medical assistance eligibility determinations made by the Oregon Health Authority. In coordination with the Department of Human Services’ (Department) revision of medical eligibility rules in chapter 461, the Division is amending OAR 410-120-0006 to assure that the Division’s medical eligibility rule aligns with and reflects information found in the Department’s medical eligibility rules. In OAR 410-120-0006, the Division adopts in rule by reference Department eligibility rules and must update OAR 410-120-0006 in conjunction.

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: Process for Non-Traditional Health Worker Training, Certification, Registry Enrollment and Training Program Criteria

Date: Time: Location:

7-22-13  10 a.m. 800 NE Oregon St. Rm. 1-E  Portland, OR 97232

Hearing Officer: Kym Gasper

Stat. Auth.: ORS 413.042, 414.635 & 414.665

Other Auth.: 2011 OL Ch. 602 & 2012 OL Ch. 8

Stats. Implemented: ORS 414.635 & 414.665

Proposed Adoptions: 410-180-0300, 410-180-0305, 410-180-0310, 410-180-0312, 410-180-0315, 410-180-0320, 410-180-0325, 410-180-0327, 410-180-0340, 410-180-0345, 410-180-0350, 410-180-0355, 410-180-0370, 410-180-0375, 410-180-0380

Last Date for Comment: 7-24-13, 5 p.m.

Summary: House Bill 3650, passed during the 2011 legislative session, mandates that members enrolled in Oregon’s Coordinated Care Organizations (CCOs)have access to Non-Traditional Health Workers (NTHWs) to facilitate culturally and linguistically appropriate care. NTHWs include community health workers, personal health navigators, peer wellness specialists, and other health care workers who are not regulated or certified by this state. These rules establish:

 -The competency requirements for each NTHW type, including Community Health Workers, Peer Wellness Specialists, Personal Health Navigators, Peer Support Specialists, and Doulas;

 -Eligibility requirements, curriculum guidelines and procedures for Authority approval of training programs, including a process for temporary waivers;

 -Eligibility requirements and procedures for NTHW certification and provisional certification; and

 -A NTHW registry maintained by the Authority.

 These rules set forth the requirements for training programs in developing curricula that meet the Authority’s requirements to certify NTHWs. Individuals who successfully complete the certification process set forth in these rules will be eligible for Medicaid reimbursement for their services. These rules also establish a registry of NTHWs whom CCOs may employ to meet the requirement of providing for their members, NTHW’s including peer wellness specialists, personal health navigators, community health workers, peer support specialists, and doulas as part of the member’s care team to provide assistance that is culturally and linguistically appropriate. These rules also set forth requirements for provisional NTHW certification.

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: Amending Preferred Drug List and Prior Authorization Guide January 31, 2013 DUR P&T Action

Date: Time: Location:

7-17-13  10:30 a.m. 500 Summer St. NE, Rm. 137C  Salem, OR 97301

Hearing Officer: Cheryl Peters

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

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

Proposed Amendments: 410-121-0030, 410-121-0040

Last Date for Comment: 7-19-13, 5 p.m.

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

 410-121-0030:

 Hyoscyamine rapid tabs preferred

 Oscimin® non-preferred

 Hyoscyamine drops non-preferred

 Mirabegron non-preferred

 Gelnique® non-preferred

 Tolterodine non-preferred with 90 day grandfather

 Aclidinium bromide non-preferred

 Combivent Respimat® and Combivent MDI® non-preferred with indefinite grandfather

 All erythromycin products non-preferred

 Noroxin® non-preferred

 Omeprazole tablets non-preferred

 All OTC H2A products non-preferred

 Cimetidine non-preferred with indefinite grandfather

 All OTC antihistamine products non-preferred

 410-121-0040:

 Proton Pump Inhibitors update criteria

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: Hospital Assessment Rate Increase

Stat. Auth.: ORS 413.042

Stats. Implemented: OL 2009, Ch. 867, Sec. 17, 2007 OL Ch. 780, Sec. 1 & 2003 OL Ch. 736, Sec. 2 & 3

Proposed Amendments: 410-050-0861

Proposed Repeals: 410-050-0861(T)

Last Date for Comment: 7-22-13, 5 p.m.

Summary: This proposed hospital assessment rule increases the hospital assessment rate from 4.32% to 5.30% effective April 1, 2013. Upon adoption of this rule, the temporary rule, effective April 1, 2013, will be repealed.

 Proposed rules are available on the DHS Website: http://www.oregon.gov/DHS/admin/Pages/dwssrules/index.aspx. For hardcopy requests, call: (503) 947-5250.

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 Insurance Exchange, Chapter 945

Rule Caption: Eligibility Standards and Application Process

Date: Time: Location:

7-23-13  10 a.m. 16760 SW Upper Boones Ferry Rd.   Suite 200  Durham, OR 97224

Hearing Officer: Gregory Jolivette

Stat. Auth.: ORS 741.002

Stats. Implemented: ORS 741.500

Proposed Adoptions: 945-040-0010, 945-040-0020, 945-040-0030, 945-040-0040, 945-040-0050, 945-040-0060, 945-040-0070, 945-040-0080, 945-040-0090

Last Date for Comment: 7-30-13, Close of Business

Summary: Establishes eligibility standards and the application process for enrollment in a qualified health plan, and for insurance affordability programs available through the Exchange.

Rules Coordinator: Gregory Jolivette

Address: Oregon Health Insurance Exchange, 16760 SW Upper Boones Ferry Rd., Suite 200, Durham, OR 97224

Telephone: (503) 373-9406


 

Rule Caption: Administrative Charges and Fees — Stand Alone Dental Plans

Date: Time: Location:

7-16-13  10 a.m. 16760 SW Upper Boones Ferry Rd.,   Suite 200  Durham, OR 97224

Hearing Officer: Gregory Jolivette

Stat. Auth.: ORS 741.002

Stats. Implemented: ORS 741.105

Proposed Amendments: 945-030-0030, 945-030-0040

Last Date for Comment: 7-23-13, Close of Business

Summary: Establishes the 2014 administrative fee to be paid by insurers offering stand alone dental plans through the Exchange.

Rules Coordinator: Gregory Jolivette

Address: Oregon Health Insurance Exchange, 16760 SW Upper Boones Ferry Rd., Suite 200, Durham, OR 97224

Telephone: (503) 373-9406


Oregon Housing and Community Services Department, Chapter 813

Rule Caption: Adopts statutory amendments regarding contested case hearings and education requirements.

Date: Time: Location:

7-23-13  10 a.m. 725 Summer St. NE,   Conference Rm. 124B  Salem, OR 97301

Hearing Officer: Ken Pryor

Stat. Auth.: 2005 OL Ch. 619, Sec. 2, 3, & 4, 2009 OL Ch. 816, Sec. 9 & 2011 OL Ch. 503, Sec. 21

Stats. Implemented: 2009 OL Ch. 816 & 2011 OL Ch. 503

Proposed Amendments: 813-007-0005, 813-007-0040

Proposed Repeals: 813-007-0005(T), 813-0007-0040(T)

Last Date for Comment: 8-7-13, Close of Business

Summary: 813-007-0005 Amends the statutory references and removes language adopted within 2005 OL Ch 619, as amended by 2009 OL Ch 816 and repealed in OL Ch 503, sec 21.

 813-007-0040 Reduces the education requirements for persons in manufactured dwelling parks who have authority to manage the premises of the park from six hours to four hours of continuing education every two years.

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: Clarify provisions of Senate Bill 822 relating to cost-of-living increase and tax remedy.

Date: Time: Location:

8-27-13  3 p.m. PERS Boardroom  11410 SW 68th Pkwy.  Tigard, OR 97223

Hearing Officer: Daniel Rivas

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

Stats. Implemented: 238.360, 238.362, 238.364, 238.366, 238.372 to 238.384, 238.465, 238.575, & 238A.210

Proposed Adoptions: 459-005-0520

Proposed Amendments: 459-013-0310, 459-013-0320

Last Date for Comment: 9-6-13, 5 p.m.

Summary: Revise existing rules and create new rules that will clarify the administration of the annual cost-of-living increase and eligibility for a benefit increase resulting from taxation of PERS benefits for PERS participants.

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713


 

Rule Caption: Clarifies the administration of death benefits for OPSRP members who die before pension is issued.

Date: Time: Location:

8-27-13  3 p.m. PERS Boardroom  11410 SW 68th Pkwy.  Tigard, OR 97223

Hearing Officer: Daniel Rivas

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

Stats. Implemented: ORS 238A.180

Proposed Adoptions: 459-075-0170

Last Date for Comment: 9-6-13, 5 p.m.

Summary: A new rule is needed to clarify the administration of death benefits for OPSRP Pension Program members who die before pension is issued.

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713


 

Rule Caption: Clarifies the criteria and process for recovery of overpayments and erroneous payments made by PERS.

Date: Time: Location:

8-27-13  3 p.m. PERS Boardroom.  11410 SW 68th Pkwy.  Tigard, OR 97223

Hearing Officer: Daniel Rivas

Stat. Auth.: ORS 238.650 & 238.715

Stats. Implemented: ORS 238.715

Proposed Amendments: 459-005-0610

Last Date for Comment: 9-6-13, 5 p.m.

Summary: Clarifies criteria and process for the recovery of overpayments and erroneous payments made by PERS.

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713


Oregon University System, Portland State University, Chapter 577

Rule Caption: Amends rule to comply with recent Oregon Supreme Court ruling in PSU-AAUP v. PSU.

Stat. Auth.: ORS 351

Stats. Implemented:

Proposed Amendments: 577-042-0010

Last Date for Comment: 7-24-13, 5 p.m.

Summary: Portland State University hereby adopts the Faculty Grievance Procedure to be consistent with the Oregon Supreme Court decision in PSU-AAUP v. PSU, SC S059182. A copy of the text can be found at http://www.pdx.edu/fadm/rulemaking-portland-state.

Rules Coordinator: Lorraine D. Baker

Address: Oregon University System, Portland State University, PO Box 751, Portland, OR 97207-0751

Telephone: (503) 725-8050


Oregon University System, University of Oregon, Chapter 571

Rule Caption: Amend Articles and Activities Prohibited at Athletic Facilities to include seat cushion restrictions.

Date: Time: Location:

7-17-13  9 a.m. Erb Memorial Union,Walnut Rm.  University of Oregon  Eugene, OR

Hearing Officer: Lisa Peterson

Stat. Auth.: ORS 351 & 352

Stats. Implemented: ORS 351 & 352

Proposed Amendments: 571-050-0011

Last Date for Comment: 7-18-13, 12 p.m.

Summary: The University of Oregon has determined that the amendment to the rule is necessary in order to provide for the public’s unobstructed enjoyment of events and to maintain allocated stadium seating capacity at the University’s athletic facilities.

 Copies of the proposed amendment to the Articles and Activities Prohibited at Athletic Facilities may be obtained from Amanda Hatch, Rules Coordinator, at ahatch@uoregon.edu or (541) 346-3082.

Rules Coordinator: Amanda Hatch

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

Telephone: (541) 346-3082


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: 7-22-13, 5 p.m.

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


Parks and Recreation Department, Chapter 736

Rule Caption: Adopt rules to govern the department’s process for entering into agreements with nonprofit organizations.

Date: Time: Location:

7-30-13  6 p.m. North Mall Office Bldg.  725 Summer St. NE,   Conference Rm. 124A  Salem OR 97301

Hearing Officer: Staff*

Stat. Auth.: ORS.390.124

Stats. Implemented: ORS 390.134, as amended by SB 196 of the 77th Legislative Assembly 2013 Regular Sessions

Proposed Adoptions: 736-002-0015

Last Date for Comment: 8-2-13, 5 p.m.

Summary: The rules govern the process the department and non-profit organizations will use to enter into agreements under which the organizations will solicit gifts, grants and donations for the benefit of the department. The rules detail eligibility criteria for working with the department; means for initiating proposals; procedures for evaluating proposals, selecting organizations and working toward agreements; agreement requirements, including provision for renewing or dissolving agreements; required notices, public representation of relationship with the department, lobbying activities, use of state seal, and management of funds generated through agreements.

 *Those who wish to make public comment must register in person with the hearing officer by 6:30 p.m. on the day of the hearing.

Rules Coordinator: Vanessa DeMoe

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

Telephone: (503) 986-0719


Real Estate Agency, Chapter 863

Rule Caption: Adds form and content of initial agency disclosure pamphlet to rule

Date: Time: Location:

8-1-13  10 a.m. Real Estate Agency  1177 Center St. NE  Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 696.385

Stats. Implemented: ORS 696.806, 696.810, 696.815 & 696.820

Proposed Amendments: 863-015-0215

Last Date for Comment: 8-1-13, Close of Business

Summary: The proposed amendments to OAR 863-014-0215 were filed as temporary rules that became effective on May 13, 2013. The amendments to the rule specify the contents of the initial agency disclosure pamphlet and state that the pamphlet must be provided by a real estate broker or principal real estate broker in a written format in person, by electronic mail or facsimile.

 The rule is not the pamphlet itself, but specifies the contents of the pamphlet.

 NOTE: The Agency welcomes comments from the public on this rule amendment. Comments must be in writing and may be addressed to Laurie Skillman, Real Estate Agency, 1177 Center St. NE. Salem, OR 97301. Comments may also be submitted via email to laurie.a.skillman@state.or.us. For email comments, please write Rule Comment OAR 863-014-0215 in the subject line. All comments must be submitted no later than 5:00 pm August 1, 2013.

Rules Coordinator: Laurie Skillman

Address: Real Estate Agency, 1177 Center St. NE, Salem, OR 97301-2505

Telephone: (503) 378-4630


Secretary of State, Corporation Division, Chapter 160

Rule Caption: To adopt the new national standard for UCC filing.

Stat. Auth.: ORS 79.0526

Stats. Implemented: ORS 79.0526, 79.0523, 79.0515, 79.0521, 79.0525, 79.0516, 79.0519, 79.0520, 56.037, 79.0512, 79.0514, 79.0510, 79.0518, 79.0522 & 79.0506

Proposed Amendments: 160-040-0100 – 160-040-0507

Last Date for Comment: 7-22-13, Close of Business

Summary: The rules amend the filing requirement for UCC filings.

Rules Coordinator: Ginger Spotts

Address: Secretary of State, Corporation Division, 255 Capitol St. NE, Suite 151, Salem, OR 97310

Telephone: (503) 986-2333

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, 2012.

2.) Copyright 2013 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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