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Oregon Bulletin

August 1, 2011

NOTICES OF PROPOSED RULEMAKING AND
PROPOSED RULEMAKING HEARINGS


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

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

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

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

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


 

Department of Agriculture
Chapter 603

Rule Caption: Diesel additive (“winterizing”) sunset clause; Biodiesel production verification; Renewable diesel; and Dispenser labeling.

Date:                         Time:                        Location:

8-23-11                  10–11 a.m.           ODA Bldg.
                                                                           635 Capitol St. NE
                                                                           Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 646.925 & 646.430

Stats. Implemented: ORS 646.922

Proposed Amendments: 603-027-0420, 603-027-0430

Last Date for Comment: 8-31-11

Summary: Proposed rule would, if adopted: (1) Implement HB 2827 of the 2011 Legislative Assembly to repeal the sunset clause of provisions permitting sales of biodiesel blended diesel fuel containing additives to prevent gelling; (2) Bring other renewable diesel into administrative rule as currently establishes in ORS 646.922; (3) Removes the biodiesel production facility verification process as it is no longer deemed necessary; and (4) Amend dispenser labeling requirements is a seller chooses to label 5% biodiesel blend dispensers.

Rules Coordinator: Sue Gooch

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

Telephone: (503) 986-4583

 

Rule Caption: Approved invertebrates for pet trade, biological control, education and permit process for non-approved species.

Date:                         Time:                        Location:

8-23-11                  11 a.m.                    Oregon Dept. of Agriculture
                                                                           635 Capitol St. NE, Hearings Rm.
                                                                           Salem, OR

Hearing Officer: Ron Pence

Stat. Auth.: ORS 570.205, 570.210 & 570.215

Other Auth.: ORS 570.305 & 561.190

Stats. Implemented: ORS 570.215

Proposed Adoptions: 603-052-1300, 603-052-1310, 603-052-1320, 603-052-1330, 603-052-1340, 603-052-1350, 603-052-1360, 603-052-1370

Last Date for Comment: 8-31-11

Summary: This proposed rule would create an approved list of invertebrate species that could be imported, transported, sold, or released in Oregon. Two hundred and twenty-five species are proposed for non-regulated status. Including biological control agents, pets, pollinators and species used for educational purposes, importing species not on the approved list would require a permit. Plant pests moved in violation of the rules would be considered a public nuisance. Violations could result in civil penalties.

Rules Coordinator: Sue Gooch

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

Telephone: (503) 986-4583

 

Rule Caption: Lists Downy Brome as prohibited contaminate in grass seed certified for Oregon Sod Quality.

Stat. Auth.: ORS 561.190 & 633.520

Stats. Implemented: ORS 633.680

Proposed Amendments: 603-045-0145

Last Date for Comment: 9-1-11

Summary: Oregon’s Sod Quality Seed certification program is used as a tool for marketing premium Oregon grass seed. Annually, more than 110,000 tags are issued to certify that grass seed meets Oregon Sod quality standards. In February 2011, however, a change was made to the nationally recognized “All States noxious Weed List”. In this list Downy Brome — Bromus tectorum, was changed from a prohibited noxious weed to a restricted weed seed. Because of this change, Downy Brome is now allowed as a restricted weed in seed lots certified as Oregon Sod Quality. The allowance of this contaminate diminishes the value of certification under Oregon Sod Quality, as such, the Oregon Seed Trade and Oregon Seed Council has requested a change in rule to prohibit Downy Brome.

Rules Coordinator: Sue Gooch

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

Telephone: (503) 986-4583

Department of Consumer and Business Services,
Insurance Division
Chapter 836

Rule Caption: Correction of Self-Insured Reporting Rules to Add Definition of Qualified Actuary for Health Insurance.

Date:                         Time:                        Location:

8-22-11                  1:30 p.m.*            Labor & Industries Bldg.,
                                                                           Conference Rm. F
                                                                           350 Winter St. NE
                                                                           Salem, OR

Hearing Officer: Jeannette Holman

Stat. Auth.: ORS 731.244

Stats. Implemented: ORS 30.382 & 731.036

Proposed Amendments: 836-011-0255

Last Date for Comment: 8-29-11

Summary: *Note: The hearing will begin at 1:30 p.m. and end when all present who wish to testify have done so.

      This rulemaking corrects an oversight in this rule as the rule was adopted on February 4, 2011 in a rulemaking to address annual financial statements required for self-insured groups established by three or more public bodies. The rules apply to self-insurance programs that are exempt from the Insurance Code under ORS 30.282 and 731.036.

      In order to be exempt, the self-insurance program must meet certain financial requirements related to reserve adequacy provisions. To demonstrate compliance with those requirements, a qualified actuary must submit a written actuarial report. Under the rules as currently written, “qualified actuary” defines the qualifications for an actuary submitting a report for property or casualty self-insurance exempt under ORS 30.282(6)(d) and 731.036(4) and (5). However, the rules fail to define “qualified actuary” for purposes of self-insured health coverage exempt under ORS 731.036 (6). This is in error as it would be inappropriate for a property or casualty actuary to submit the report for health insurance.

Rules Coordinator: Sue Munson

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

Telephone: (503) 947-7272

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

Rule Caption: Proposed changes to Division 1, General Administrative Rules.

Date:                         Time:                        Location:

9-12-11                  10 a.m.                    Labor & Industries Bldg.
                                                                           Basement - Conference Rm. F
                                                                           350 Winter St. NE
                                                                           Salem, OR 97301

Hearing Officer: Sue Joye

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

Stats. Implemented: ORS 654.001–654.295

Proposed Amendments: 437-001-0057, 437-001-0706

Last Date for Comment: 9-16-11

Summary: This rulemaking is proposed to make relatively minor adjustments to the scheduling rule changes adopted in September of 2009. First, the existing rule establishes the size of each tier based on outdated data from the workers compensation system. The department can now develop more reliable estimates of size for most industries using data from the Employment Department. Second, the proposed rule improves the ranking of industries by employing a more sophisticated statistical technique. Additionally, the rule replaces the industry tiers with the criteria that will be used to develop those tiers now and in the future.

      This proposed rulemaking also amends OAR 437-001-0706 Recordkeeping for Health Care Assaults, to remove the reporting requirement. This requirement has been satisfied and no longer needs to be included in the rule.

      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

 

Rule Caption: Propose to adopt federal amendments to maritime activities and three standards in general industry.

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

Stats. Implemented: ORS 654.001–654.295

Proposed Amendments: 437-002-0140, 437-002-0220, 437-005-0001

Last Date for Comment: 9-16-11

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

      Federal OSHA revised its standards in 29 CFR 1915 on general working conditions in shipyard employment. These revisions update existing requirements to reflect advances in industry practices and technology, consolidate some general safety and health requirements into a single subpart, and provide protection from hazards not addressed by existing standards, including the control of hazardous energy.

      Oregon OSHA proposes to adopt the changes in general industry (1910.145, 1910.147, 1910.177) and maritime activities (1915) as published in the May 2, 2011 Federal Register.

      Except, in 1910.147 The Control of Hazardous Energy (lockout/tagout), Oregon OSHA did not adopt paragraph (a)(1)(ii)(A) of that rule which exempts construction and agriculture. Oregon OSHA’s Division 4, Agriculture has its own Oregon-initiated OAR 437-004-1275 lockout/tagout rule, and in Division 3, Construction there are lockout/tagout rules for specific applications (1926.417, 1926.702) with an Oregon-initiated rule 437-003-0005 which allows moving to other Divisions of OAR 437 when applicable.

      Also, Oregon OSHA did not adopt 1910.177 Servicing Multi-piece and Single Piece Rim Wheels, paragraph (a)(2) which exempts construction, agriculture, and longshoring. Oregon OSHA’s Division 4, Agriculture has its own Oregon-initiated OAR 437-004-3550 rule on this procedure.

      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 Corrections
Chapter 291

Rule Caption: Agency Certification of Employees to Provide Mental Health Services to Inmates in DOC Facilities.

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

Other Auth.: SB 423 (2011)

Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075, & SB 423 (2011)

Proposed Adoptions: 291-124-1000, 291-124-1010, 291-124-1020, 291-124-1030, 291-124-1040, 291-124-1050

Last Date for Comment: 9-16-11, Close of Business

Summary: These rules are necessary to establish the Department of Corrections’ standards for certifying DOC employees (mental health specialists) that provide mental health services to inmates as qualified mental health professionals or qualified mental health associates. Mental health specialists must be certified under these rules to provide mental health services to inmates in DOC institutions. These rules implements SB 423 (2011).

Rules Coordinator: Janet R. Worley

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

Telephone: (503) 945-0933

 

Rule Caption: Controlled Feeding Status for Inmates.

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

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

Proposed Amendments: 291-083-0005 – 291-083-0015

Last Date for Comment: 9-16-11, Close of Business

Summary: These proposed revisions provide further clarification on the procedure for placing an inmate on controlled feeding status. Other modifications align the rules with organizational changes within the department.

Rules Coordinator: Janet R. Worley

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

Telephone: (503) 945-0933

Department of Energy
Chapter 330

Rule Caption: Biomass Producer or Collector Tax Credit program rules.

Date:                         Time:                        Location:

8-16-11                  9 a.m.                       Oregon State Library
                                                                           250 Winter St. NE
                                                                           Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 315.141, 315.144 & 469.790

Stats. Implemented: ORS 315.141, 315.144 & 469.790

Proposed Amendments: 330-170-0010, 330-170-0020, 330-170-0030, 330-170-0040, 330-170-0050, 330-170-0060, 330-170-0070

Last Date for Comment: 8-25-11

Summary: The current biomass producer or collector tax credit rules implement the process and provide criteria for certifying Biomass Producer or Collector Tax Credits, and establish the minimum discount value for transferred credits. The Oregon Department of Energy (ODOE) has identified improvements to these rules that will provide more clarity to applicants and ensure consistency for the certification process. The rules will also allow implementation of legislation from the 2011 session that made changes to the tax credit. This rulemaking will provide more clarity on the type of woody biomass that is eligible for a tax credit, ensure consistency in the way manure is measured for this tax credit, improve existing rule language, allow ODOE to conduct inspections as part of the review process, lower the application fee, adjust the supplemental information required with an application and adjust the minimum discount value for the transfer of these credits.

Rules Coordinator: Kathy Stuttaford

Address: Department of Energy, 625 Marion St. NE, Salem, OR 97301

Telephone: (503) 373-2127

 

Rule Caption: Procedures for consumer-owned utility power purchases to comply with the greenhouse gas emissions standard.

Date:                         Time:                        Location:

8-24-11                  9 a.m.                       625 Marion St. NE
                                                                           Salem, OR 97310

Hearing Officer: Jo Morgan

Stat. Auth.: ORS 757.522–757.538 & 469.040

Stats. Implemented: ORS 757.522–757538

Proposed Adoptions: 330-180-0010, 330-180-0020, 330-180-0030, 330-180-0040, 330-180-0050, 330-180-0060, 330-180-0070, 330-180-0080

Last Date for Comment: 8-26-11

Summary: The purpose of the ODOE rules is to provide procedures for consumer-owned utilities to implement Oregon’s greenhouse gas emissions standard of ORS 757.528 AND 757.533 for power purchases. The proposed rules provide guidance for:

      An output-based methodology for calculating greenhouse gases;

      • How electricity with no identified generation source will be addressed; and

      • A process for determining how facilities would be designated as a “low-carbon resource” in the future and be eligible for meeting the greenhouse gas standards.

Rules Coordinator: Kathy Stuttaford

Address: Department of Energy, 625 Marion St. NE, Salem, OR 97301

Telephone: (503) 373-2127

Department of Environmental Quality
Chapter 340

Rule Caption: Small and mid-size boiler rule amendments.

Date:                         Time:                        Location:

8-18-11                  6 p.m.                       DEQ HQ, Rm. EQC-A
                                                                           811 SW Sixth Ave.
                                                                           Portland, OR

Hearing Officer: Carrie Ann Capp

Stat. Auth.: ORS 468, 468A, 468.020, 468A.025, 468A.035, 468A.050, 468A. 055, 468A.070, 468A.460–468A.515 & 468A.310

Stats. Implemented: ORS 468, 468A, 468.020, 468A.025, 468A.035, 468A.050, 468A. 055, 468A.070 & 468A.460–468A.515

Proposed Amendments: 340-200-0020, 340-200-0040, 340-210-0100, 340-210-0110, 340-210-0120, 340-210-0250, 340-212-0140, 340-228-0020, 340-228-0200, 340-228-0210, 340-262-0450, 340-262-0600

Last Date for Comment: 8-25-11

Summary: Current Heat Smart rules under OAR chapter 340 division 262 prohibit uncertified small biomass boilers and other solid fuel boilers with heat output less than one million British thermal units per hour from being sold in Oregon. For small-scale and mid-size commercial, industrial and institutional boilers already subject to federal National Emission Standards for Hazardous Air Pollutants, the proposed rule would:

      • Provide an exemption from Heat Smart regulations if the owner or operator obtains construction approval under OAR chapter 340 division 210.

      • Require registration of boilers that are either exempt from Heat Smart certification requirements or that are above the Heat Smart threshold but below the air quality permitting thresholds. The registration would include confirmation that the boiler complies with other existing state and federal air quality regulations.

      Creating the proposed exemption from Heat Smart regulations would allow small-scale commercial, industrial and institutional biomass boilers already subject to federal National Emission Standards for Hazardous Air Pollutants to be sold in Oregon. The proposed registration rules would enable DEQ to track compliance for small-scale and mid-sized commercial, industrial and institutional boilers. Registration of a boiler does not authorize its operation like an air quality permit; however, it does provide DEQ with information about the location and compliance status of boilers that are not required to obtain permits.

      These amendments, if adopted, will be submitted to the U.S. Environmental Protection Agency (EPA) as a revision to the Oregon State Implementation Plan, which implements a number of air pollution programs of the federal Clean Air Act in Oregon.

Rules Coordinator: Maggie Vandehey

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

Telephone: (503) 229-6878

 

Rule Caption: Underground Storage Tank Soil Matrix Cleanup Service Provider and Supervisor Licensing Categories — repeal.

Stat. Auth.: ORS 468.020, 465.200–465.320 & 466.706–466.995

Stats. Implemented: ORS 466.750

Proposed Repeals: 340-162-0005, 340-162-0010, 340-162-0020, 340-162-0025, 340-162-0030, 340-162-0035, 340-162-0040, 340-162-0150

Last Date for Comment: 7-29-11, 5 p.m.

Summary: This proposed rule would repeal the Underground Storage Tank (UST) Soil Matrix Cleanup Service Provider License and the UST Soil Matrix Supervisor License.

      • The UST Soil Matrix Cleanup Service Provider License is for businesses performing soil matrix cleanup services at regulated tank sites. The two-year license fee is $600.

      • The UST Soil Matrix Cleanup Supervisor License is for individuals performing soil matrix cleanups. Supervisors must demonstrate their knowledge of the rules by passing a qualifying examination given by the International Code Council through a professional testing company. The examination cost is $70 and the two-year license fee is $150.

Rules Coordinator: Maggie Vandehey

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

Telephone: (503) 229-6878

Department of Fish and Wildlife
Chapter 635

Rule Caption: Adopt new rules for license refunds and exchanges.

Date:                         Time:                        Location:

9-1-11                     8 a.m.                       414 North Prom
                                                                           Seaside, OR 97138

Hearing Officer: Fish & Wildlife Commission

Stat. Auth.: ORS 293.445, 496.138 & 497

Stats. Implemented: ORS 293.445

Proposed Amendments: Rules in 635-001

Last Date for Comment: 8-31-11

Summary: Amend rules to provide a consistent method for addressing license refunds and exchanges.

Rules Coordinator: Therese Kucera

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

Telephone: (503) 947-6033

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

Rule Caption: Changing OARs affecting Child Welfare programs.

Date:                         Time:                        Location:

8-23-11                  8:30 a.m.                500 Summer St. NE, Rm. 255
                                                                           Salem, OR

Hearing Officer: Annette Tesch

Stat. Auth.: ORS 409.194, 409.225 & 418.005

Stats. Implemented: ORS 409.194, 409.225 & 418.005

Proposed Amendments: 413-010-0000, 413-010-0010, 413-010-0030, 413-010-0035, 413-010-0045, 413-010-0055, 413-010-0065, 413-010-0068, 413-010-0075

Last Date for Comment: 8-26-11, 5 p.m.

Summary: OAR 413-010-0000, 413-010-0010, 413-010-0030, 413-010-0035, 413-010-0045, 413-010-0055, 413-010-0065, 413-010-0068, and 413-010-0075 about the disclosure of client information without a court order in child welfare programs are being amended to update references to program names.

      OAR 413-010-0010 defining certain terms used in rules about the disclosure of client information without a court order in child welfare programs is also being amended to add definitions related to program names.

      OAR 413-010-0035 is also being amended to clarify its description of prohibited disclosures for child welfare programs.

      OAR 413-010-0055 is also being amended to revise its requirements about when the Director must submit a written report of the findings and conclusions of the sensitive review committee to the President of the Senate and the Speaker of the House of Representatives.

      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 April 26, 2011 at 5:00 p.m. Written comments may be submitted via e-mail to Annette.Tesch@state.or.us, faxed to 503-373-7032, or mailed to Annette Tesch, Rules Coordinator, DHS - Children, Adults, and Families Division, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The Department provides the same consideration to written comment as it does to any oral or written testimony provided at the public hearing.

Rules Coordinator: Annette Tesch

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

Telephone: (503) 945-6067

Department of Human Services,
Children, Adults and Families Division:
Self-Sufficiency Programs
Chapter 461

Rule Caption: Changing OARs affecting public assistance, medical assistance, or Supplemental Nutrition Assistance Program clients.

Date:                         Time:                        Location:

8-23-11                  10 a.m.                    500 Summer St. NE, Rm. 137D
                                                                           Salem, OR

Hearing Officer: Annette Tesch

Stat. Auth.: ORS 183.341, 409.050, 411.060, 411.070, 411.116, 411.400, 411.402, 411.404, 411.408, 411.660, 411.706, 411.710, 411.816, 411.892, 412.006, 412.009, 412.014, 412.016, 412.064, 412.049, 412.124, 414.025, 414.231, HB 2049 (2011)

Other Auth.: Food and Nutrition Act of 2008; American Recovery and Reinvestment Act of 2009; 7 USC 2014; 42 USC 602(a); 42 USC 1315; 42 USC 1396r-5(d)(3); 7 CFR 273.5(11)(iv); 7 CFR 273.9(d)(6)(iii); 45 CFR 400; ORS 291.261

Stats. Implemented: ORS 183.341, 409.010, 409.050, 411.060, 411.070, 411.081, 411.083, 411.085, 411.087, 411.095, 411.116, 411.117, 411.400, 411.402, 411.404, 411.408, 411.620, 411.630, 411.635, 411.640, 411.660, 411.690, 411.704, 411.706, 411.710, 411.816, 411.825, 411.892, 412.001, 412.006, 412.009, 412.014, 412.016, 412.017, 412.049, 412.064, 412.069, 412.124, 414.025, 414.231, 2009 OL Laws 827, HB 2049 (2011)

Proposed Adoptions: 461-115-0232, 461-190-0212

Proposed Amendments: 461-001-0000, 461-025-0310, 461-025-0371, 461-110-0370, 461-115-0071, 461-115-0140, 461-115-0450, 461-120-0510, 461-125-0170, 461-130-0310, 461-135-0070, 461-135-0570, 461-135-1110, 461-155-0190, 461-155-0610, 461-155-0660, 461-155-0680, 461-160-0420, 461-160-0430, 461-160-0620, 461-190-0199, 461-190-0211, 461-195-0521, 461-195-0541, 461-195-0621

Proposed Repeals: 461-125-0170(T), 461-130-0310(T), 461-135-0070(T), 461-135-1110(T), 461-160-0620(T), 461-190-0199(T), 461-190-0211(T), 461-190-0212(T), 461-193-1190

Last Date for Comment: 8-26-11

Summary: OAR 461-001-0000 about defined terms used in rules about public assistance, medical assistance, supplemental nutrition assistance programs and OAR 461-115-0140 about the authorized representative or alternate payee in the Supplemental Nutrition Assistance Program are being amended to update and revise references to administrators and program managers.

      OAR 461-025-0310 about hearing requests is being amended to clarify that a hearing request may be submitted for a claimant by an authorized representative or an attorney.

      OAR 461-025-0371 about orders issued by the Office of Administrative Hearings (OAH) and the Department in contested cases is being amended to streamline the process the rule requires for varying the type of order the Department requests. This rule is also being amended to add the option of a proposed and final order as described in OAR 137-003-0645(4), to lengthen and clarify the timeline for submitting written exceptions to the Department, and to conform to current practices.

      OAR 461-110-0370 about filing groups, 461-155-0190 about income and payment standards, and 461-160-0430 about income deductions are being amended to implement the annual increase in the standards for the SNAP Program. OAR 461-160-0420 is being amended to reflect the annual change in the Standard Utility Allowances. Each year Oregon surveys utility companies and the general public about increases in utility costs. The utility allowances are derived from these surveys and approved by the Food and Nutrition Service in the SNAP Program State Plan. There are four utility allowances. The full utility allowance (FUA) is for those households that have heating and cooling costs. The limited utility allowance (LUA) is for those households with more than one non-heating/cooling utility cost. The individual utility allowance (IUA) is for those households with a single non-heat cost. The single utility allowance (TUA) is for those households with only a telephone cost. These rules are also being amended to clarify when amounts listed are monthly amounts.

      OAR 461-115-0071 related to the General Assistance (GA) and General Assistance Medical (GAM) Programs (currently not funded), Oregon Supplemental Income Program Medical (OSIPM, medical assistance for seniors and persons with disabilities) and Qualified Medicare Beneficiary (QMB) programs is being amended to no longer require that both adults must sign the application for benefits when married spouses live together. This rule is also being amended to remove references to the Oregon Supplemental Income Program (OSIP, cash assistance to seniors and persons with disabilities).

      OAR 461-115-0232 is being adopted to allow the Department to close cases that do not comply with required interview during month 12 of their 24 month certification. This rule will only affect households that have been approved for 24 months.

      OAR 461-115-0450 is being amended to allow households with all adult members who are elderly or have disability, and in which there is no earned income to be certified for 24 months for the Supplemental Nutrition Assistance Program (SNAP), as permitted by The Food and Nutrition Act of 2008.

      OAR 461-120-0510 about age requirements for clients to receive benefits in various programs is being amended for the Oregon Supplemental Income Program-Aid to the Disabled program (OSIP-AD, cash assistance for persons with disabilities) to change the age requirement — from 18 years or older and under the age of 65 — to under the age of 65. This rule is also being amended to add cross-references to defined terms.

      OAR 461-125-0170 about when deprivation exists based on the unemployment or underemployment of a primary wage earner in the Temporary Assistance for Needy Families (TANF) and Medical Assistance Assumed programs, in response to recent legislation (House Bill 2049, 2011), is being amended to revise the criteria for determining deprivation for a primary wage earner separated from his or her most recent employment. This rule is also being amended to make permanent temporary rule changes adopted on July 1, 2011.

      OAR 461-130-0310 about how the Department assigns clients to one or more participation classifications in the Post-Temporary Assistance for Needy Families (Post-TANF), Pre-Temporary Assistance for Needy Families (Pre-TANF), Refugee (REF), Supplemental Nutrition Assistance Program (SNAP), and Temporary Assistance for Needy Families (TANF) programs is being amended to expand the list of which Post-TANF, Pre-TANF, or TANF program clients are exempt from employment program participation and potential disqualification from program benefits. This rule is also being amended to make permanent the temporary rule changes adopted on July 1, 2011.

      OAR 461-135-0070 about the specific eligibility requirements in the Medical Assistance Assumed (MAA), Medical Assistance to Families (MAF) and Temporary Assistance for Needy Families (TANF) programs is being amended in response to recent legislation (House Bill 2049 (2011)) to revise the definition of “most recent employment”. This rule also is being amended to restate when a need group (the individuals whose basic and special needs are used in determining eligibility and benefit level) is not eligible for TANF program benefits due to a caretaker relative in the need group being separated from his or her most recent employment. This rule is also being amended to make permanent the temporary rule changes adopted on July 1, 2011.

      OAR 461-135-0570 is being amended to allow individuals awarded state or federal work-study to be considered eligible students in the SNAP program when it is found the school they are attending does not have any work-study jobs available. This rule is also being amended to allow individuals receiving Unemployment Compensation through the Employment Department or participating in any of the following to be considered to meet the student criteria: The Trade Readjustment Allowance (TRA) program serving displaced workers under the Trade Act; The Training Unemployment Insurance (TUI) program; The Self-Employment Assistance (SEA) program; The Apprenticeship Program (APT); regular UC benefits through the Employment Department (ED).

      OAR 461-135-1110 about when a student enrolled in higher education is eligible or ineligible for the Oregon Health Plan — Adults program (OHP-OPU, which provides coverage for adults who qualify under the 100 percent income standard) is being amended in response to a recent change in federal guidelines to revise the definition for the term “meets the requirements for a Pell grant” and update the school years that apply. This rule also needs to be amended to make permanent the temporary rule amendment adopted on July 1, 2011.

      OAR 461-155-0610 about special needs payments for moving costs made to certain General Assistance (GA is currently not funded), Oregon Supplemental Income Program (OSIP, assistance to seniors and people with disabilities) and Oregon Supplemental Income Program Medical (OSIPM) program clients is being amended to clarify that the client must be the age of 18 or older.

      OAR 461-155-0660 about shelter payments made to certain Oregon Supplemental Income Program (OSIP, assistance to seniors and people with disabilities) and Oregon Supplemental Income Program Medical (OSIPM) program clients is being amended to clarify that the client must be the age of 18 or older.

      OAR 461-155-0680 about telephone allowance payments made to certain Oregon Supplemental Income Program Medical (OSIPM, assistance to seniors and people with disabilities) program clients is being amended to clarify that the client must be the age of 18 or older.

      OAR 461-160-0620 about the income deductions allowed in and the calculation of an Oregon Supplemental Income Program Medical (OSIPM) client’s liability when the client is receiving long-term care or waivered services is being amended to reflect the federal changes effective July 1, 2011 in the amounts used when calculating the maintenance needs allowance and the dependent income allowance deducted from the income of an institutionalized spouse. This rule is also being amended to make permanent a temporary rule change adopted July 1, 2011.

      OAR 461-190-0199 about the operation of and the eligibility, selection, and participation requirements for the Parents as Scholars (PAS) component of the Job Opportunity and Basic Skills (JOBS) program, in response to recent legislation (House Bill 2049, 2011), is being amended to state which clients, effective July 1, 2011, may participate in PAS and how the Department manages applications for PAS received after June 30, 2011.This rule is also being amended to make permanent the temporary rule amendment adopted on July 1, 2011.

      OAR 461-190-0211 about case plan activities and standards for support service payments in the JOBS, Post-TANF, Pre-TANF, REF, SFPSS, TA-DVS, and TANF programs is being amended to set limits to who can participate in a case plan activity, identify available activities and support services for those activities, describe how the Department determines employability in order to place participants into appropriate activities and support services, describe the activities that qualify for support services and the amount of support services available. This rule sets up a more limited JOBS program, consistent with budget constraints, following earlier Department actions that closed most activities and support services set up under earlier eligibility criteria. This rule is also being amended to make permanent the changes adopted by temporary rule on July 1, 2011.

      OAR 461-190-0212 is being adopted to indicate which Job Opportunity and Basic Skills (JOBS) program activities and services ended June 30, 2011. This rule is also being adopted to state that JOBS program support service payments received by the client to assist in participation in one or more of the identified activities or services ended June 30, 2011. This program reduction affected clients who are participating in the JOBS program while receiving Pre-TANF, TANF, Post-TANF, Refugee, SFPSS, or TA-DVS program benefits. Without this new rule, the Department would fully deplete resources available for the JOBS program, and be unable to set up a more limited program consistent with restricted funding. This rule is also being adopted to make permanent the temporary rule adopted on June 2, 2011 and subsequently amended on June 27, 2011.

      OAR 461-193-1190 about refugee project noncooperation is being repealed. The Refugee Case Service Project (RCSP) has both Refugee Program (REF) and Temporary Assistance for Need Families (TANF) participants. REF and TANF noncooperation and job discharge provisions are currently found in OAR Chapter 461 Division 130.

      OAR 461-195-0521 is being amended to correctly state in the Temporary Assistance to Needy Families (TANF) program the Department of Justice (DOJ) retains support. The current rule states this is done in the Department of Human Services (DHS). The amendment is needed to correctly state the support is retained by DOJ for TANF programs. This rule is also being amended to specify the overpayment calculation when the client was not eligible for Breast and Cervical Cancer Medical (BCCM), Continuous Eligibility for OHP-CHP (CEC), Continuous Eligibility for Medicaid (CEM), Extended Medical Assistance (EXT), Medical Assistance Assumed (MAA), Medical Assistance to Families (MAF), Oregon Health Plan (OHP-CHP, OPC, OPP, OPU, OP6), Oregon Supplemental Income Program Medical (OSIPM), Qualified Medical Beneficiaries (QMB), Refugee Assistance Medical (REFM) or Medical Assistance to Children in Substitute or Adoptive Care (SAC) programs, but during the period in question was eligible for another program. The current rule does not specify the medical programs to which the calculation applies. The amendment is needed to clarify the calculation applies to the BCCM, CEC, CEM, EXT, MAA, MAF, OHP (CHP, OPC, OPP, OPU, OP6), OSIPM, QMB, REFM and SAC programs only.

      OAR 461-195-0541 is being amended to conform to federal regulations at 7 CFR 273.18 which eliminated a sponsor of a non-citizen household member from liability to repay a Supplemental Nutrition Assistance Program (SNAP) overpayment. This amendment is needed to remove a sponsor of a non-citizen household member from the list of persons liable for repayment of a SNAP overpayment. The rule is also being amended to clarify that when the Department determines there is a client overpayment in the child care program, any other adult required to be in the filing group is also liable to repay the overpayment. This amendment is needed to state any other adult required to be in the filing group is liable for repayment of a client overpayment in the child care program.

      OAR 461-195-0621 is being amended to clarify when an intentional program violation (IPV) is established against a person in the Temporary Assistance for Domestic Violence Survivors (TA-DVS) program. The current rule states an IPV is established against a person through a contested case hearing or a waiver of the right to hearing. The amendment is needed to state that an IPV is also established against a person in the TA-DVS program by a state or federal court.

      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 August 26, 2011 at 5:00 p.m. Written comments may be e-mailed to Annette.Tesch@state.or.us, faxed to 503-373-7032, or mailed to Annette Tesch, Rules Coordinator, DHS - Children, Adults, and Families Division, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The Department provides the same consideration to written comment as it does to any oral or written testimony provided at the public hearing.

Rules Coordinator: Annette Tesch

Address: Department of Human Services, Children, Adults and Families Division: Self-Sufficiency Programs, 500 Summer St. NE, E-48, Salem, OR 97301

Telephone: (503) 945-6067

Department of Justice
Chapter 137

Rule Caption: Amends Attorney General’s Model Rules of Procedure for the Office of Administrative Hearings.

Date:                         Time:                        Location:

9-6-11                     1:30 p.m.               Deptartment of Justice
                                                                           1515 SW 5th, Suite 410
                                                                           Marquam Rm.
                                                                           Portland, OR

9-8-11                      10 a.m.                    Deptartment of Justice
                                                                           1215 State St. NE, Redwood Rm.
                                                                           Salem, OR

Hearing Officer: Amy Alpaugh

Stat. Auth.: ORS 183.341

Stats. Implemented: ORS 9.320, 183.341, 183.413, 183.415, 183.417, 183.425, 183.430, 183.450, 183.452, 183.457, 183.458, 183.460, 183.464, 183.470, 183.482, 183.630, 183.650, 183.675, 183.685, 183.695 & 2009 OL Ch. 866

Proposed Amendments: 137-003-0501, 137-003-0505, 137-003-0510, 137-003-0520, 137-003-0525, 137-003-0528, 137-003-0530, 137-003-0545, 137-003-0550, 137-003-0555, 137-003-0560, 137-003-0575, 137-003-0580, 137-003-0600, 137-003-0605, 137-003-0625, 137-003-0635, 137-003-0640, 137-003-0645, 137-003-0650, 137-003-0655, 137-003-0665, 137-003-0670, 137-003-0672, 137-003-0690

Proposed Ren. & Amends: 137-003-0570 to 137-003-0566, 137-003-0570 to 137-003-0567, 137-003-0570 to 137-003-0568, 137-003-0570 to 137-003-0569

Last Date for Comment: 9-8-11

Summary: General rules for Office of Administrative Hearings, 137-003-0501: (1) Reorganized to be more user-friendly; (2) clarifies that the Attorney General must consult with the Chief Administrative Law Judge before exempting agencies or categories of cases from the OAH model rules as required by statute; (3) adds “reasonable reliance on the statement of a party or agency relating to procedural requirements” to the definition of “good cause” that is applicable to the model rules for the OAH; and (4) clarifies that OAR 471-060-005 (establishing procedures to request a change of ALJ) applies to contested case hearings conducted by the OAH.

      Contested case notice: (1) Adds requirements that notice include: (a) proposed sanction and; (b) statement that non-corporeal parties must be represented by Oregon attorney; (2) limits time to amend notice and establishes criteria to amend during hearing; and, (3) requires continuance, upon request of party, when agency amends notice, but exempts implied consent proceedings.

      Hearing requests: (1) Specifies that request for hearing serves as a general denial of the facts alleged in the notice, provides exceptions; (2) provides that agencies may not reject hearing requests because not signed by Oregon attorney where representation required, but requires attorney ratification within specified time; (3) requires agencies to accept late hearing requests that are postmarked within the time specified for timely filing, if specified criteria are met; (4) changes standard to accept other late hearing requests from “beyond the reasonable control of the party” to “good cause”; and (5) clarifies rule regarding hearings on disputes over untimely hearing requests.

      Discovery: (1) Divides the current discovery rule, OAR 137-003-0570, into four separate rules to make it more user-friendly; (2) requires certain discovery to be provided upon request, provides exceptions; (3) provides exception from duty to confer before seeking discovery order when the effort would be futile or potentially harmful; (4) removes redundant language from discovery standard; (5) eliminates the agency’s authority to immediately review ALJ or CALJ discovery orders; (6) requires ALJ to grant a continuance (including in telephone hearings) to allow the agency or party to respond to evidence that was not disclosed as ordered or requested, specifies exceptions; and (7) eliminates agency discretion to delegate their subpoena power to ALJs.

      Immediate review of ALJ decisions: Eliminates authority of agencies, at the request of a party or on their own motion, to immediately review specified ALJ decisions, such as an order to quash a subpoena or to apply privileges.

      Prehearing Conferences: (1) Allows parties to request additional matters to be considered at prehearing conferences; and (2) allows ALJ to set timeframes for exchange of witness lists and exhibits at prehearing conference; specifies that agency may set timeframes by rule for cases with no prehearing conferences.

      Lay Representatives: Requires lay representatives to read and be familiar with a Code of Conduct for Non-Attorney Representatives at Administrative Hearings.

      Filing and providing documents: (1) Amended to be more user-friendly; (2) tolls deadline for filing documents for scheduled office closures, which would include furlough days; and (3) specifies methods to accomplish filing.

      Emergency license suspensions: (1) Specifies time limits for all phases of the emergency license suspension process, but allows licensee to waive or agree to an extension of those time limits; and (2) prohibits consolidation of emergency license suspension hearing with the underlying licensing proceeding unless agreed to by the licensee.

      Ex parte communications with ALJ: To conform to 2009 statutory amendment, deletes language that exempted from the ex parte rules communications made to the ALJ by an AAG if the communication was made in response to a request from the ALJ and the AAG is not advising the agency about matters at issue in the contested case.

      Transmittal of questions to the Agency: (1) Reorganizes rule to make it more user-friendly; and (2) requires someone with authority to speak on the question to answer a transmitted question.

      Standard for ALJ to postpone or continue a hearing: Changes standard from “good cause” to “where warranted in the circumstances.”

      Motions for summary determination: Clarifies that OAH has authority to accept a stipulation when the parties stipulate that the case be decided on a record limited to documents.

      Default when proposed action does not become final without a hearing or default: (1) Changes standard for excusing the failure to appear for hearing from “caused by circumstances beyond the party’s reasonable control” to “good cause”; and (2) provides a right to hearing on reasons for party’s failure to appear if in dispute.

      Default when order may become final without request for hearing: (1) Authorizes ALJ to provide a hearing if, before dismissing hearing request, the ALJ finds that the party had good cause for not appearing; and (2) provides a right to hearing if reasons for failure to appear are in dispute.

      Changes to ALJ’s proposed order: (1) Requires agency case presenters – whether agency staff or counsel – to file written exceptions when suggesting a change to a finding of fact in the ALJ’s proposed order; and (2) to reflect 2009 statutory amendment, changes standard for agency to change a finding of fact in a proposed order from “not supported by a preponderance of the evidence: to “clear and convincing evidence in the record that the finding made by the administrative law judge was wrong.”

      Time for issuing an amended proposed order or final order: States that an agency normally should issue an amended proposed order or final order within 90 days of the date that the proposed order was issued or, if not, give notice to the ALJ and all of the parties of the date that the agency expects to issue the amended proposed or final order, provides exceptions.

      Requests for stay: Rewritten to more closely align with the language of ORS 183.482(3)(a).

Rules Coordinator: Carol Riches

Address: Department of Justice, 1162 Court St. NE, Salem, OR 97301

Telephone: (503) 378-5555

 

Rule Caption: Filing administrative support orders and exceptions to income withholding for support.

Stat. Auth.: ORS 25.287, 25.396, 25.427, 180.345, 416.422 & 416.455

Stats. Implemented: ORS 25.287, 25.378, 25.396, 108.110, 109.100, 109.103, 416.415, 416.422, 416.425, 416.440, 416.470, 419B.400 & 419C.590

Proposed Amendments: 137-055-3200, 137-055-3360, 137-055-4080

Last Date for Comment: 9-16-11, 5 p.m.

Summary: OAR 137-055-3200 and 137-055-3360 are being amended to clarify processes for filing administrative support orders.

      OAR 137-055-4080 is being amended to clarify processes for exceptions to income withholding for child support.

Rules Coordinator: Vicki Tungate

Address: Department of Justice, Division of Child Support, 494 State. St., Suite 300, Salem, OR 97301

Telephone: (503) 946-6086

Department of Oregon State Police
Chapter 257

Rule Caption: Suspension or revocation of the right to apply or reapply for a letter of appointment.

Date:                         Time:                        Location:

8-16-11                  10 a.m.                    255 Capitol St. NE,
                                                                           Conference Rm. B
                                                                           Salem, OR 97301

Hearing Officer: Lt. James Rentz

Stat. Auth.: ORS 181.440

Stats. Implemented: ORS 181.440

Proposed Amendments: 257-050-0050, 257-050-0155, 257-050-0157

Last Date for Comment: 8-16-11

Summary: Deletes the undefined term “owner” and inserts the word “principal” in its place. Defines “principal” to include an owner. Gives the department continuing jurisdiction over pending suspension or revocation proceedings by authorizing it to revoke or suspend the right to apply for a letter of appointment. Gives the department continuing jurisdiction over pending suspension or revocation proceedings by authorizing it to revoke or suspend the right to re-apply for a letter of appointment. The department’s current administrative rules only allow it to suspend or revoke an existing letter of appointment of either a “qualified tow business” or any owner or employee of a “qualified tow business” that commits a violation of law chargeable as a violation or crime. “Owner” is not defined. Additionally, the department’s current administrative rules only allows it to suspend or revoke a tow vehicle, tow equipment, or a “qualified tow business” that already has a letter of appointment from being on the department’s non-preference tow program for a violation of law other than a law chargeable as a violation or a crime. The department’s current administrative rules do not allow it suspend or revoke either the right of a tow business or its principals to apply for a letter of appointment, or the right of a “qualified tow business” or its principals to re-apply for a letter of appointment once that business’ current letter of appointment expires. Under Oregon law, an administrative agency loses jurisdiction over a revocation proceeding once a license expires unless the agency’s statutory authority provides otherwise. On July 14, 2010, the department temporarily adopted these rules because it had administrative proceedings pending that involved the revocation or suspension of qualified tow businesses from its non-preference tow program. These rules gave the department continuing jurisdiction in those cases where the letter of appointment for a tow business, tow truck, “qualified tow business,” or principal or employee thereof, will expire prior to the department completing its administrative suspension or revocation action and issuing a final order. Due to inadvertence by the department, the department’s temporary rules expired on January 10, 2011 without permanent rules being adopted. These administrative rules are intended to the temporary rule changes permanent. The rule changes contained in these permanent rules are made retroactive to January 1, 2009.

Rules Coordinator: Cort Dokken

Address: Department of Oregon State Police, 255 Capitol St. NE, 4th Floor, Salem, OR 97310

Telephone: (503) 934-0228

Landscape Contractors Board
Chapter 808

Rule Caption: Adds fee to convert license status at a time other than at renewal for $50; increases fee to reinstate a suspended license to $50.

Date:                         Time:                        Location:

8-25-11                  10 a.m.                    2111 Front St., Suite 2-101
                                                                           Salem, OR

Hearing Officer: Shelley Hanson

Stat. Auth.: ORS 670.310 & 671.670

Stats. Implemented: ORS 671.650

Proposed Amendments: 808-003-0130

Last Date for Comment: 8-25-11, Close of Hearing

Summary: 808-003-0130 —Adds fee to convert license status at a time other than at renewal for $50; increases fee to reinstate a suspended license to $50.

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 Business Development Department
Chapter 123

Rule Caption: Amend rules related to the Oregon Investment Advantage.

Stat. Auth.: ORS 285C.075

Stats. Implemented: ORS 285C.495, 285C.500–285C.506, 316.778 & 317.391

Proposed Amendments: 123-635-0000, 123-635-0100, 123-635-0175, 123-635-0200, 123-635-0400

Last Date for Comment: 8-22-11

Summary: Basic housekeeping changes have been made throughout the division to ensure rule consistency.

Rules Coordinator: Mindee Sublette

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

Telephone: (503) 986-0036

Oregon Department of Education
Chapter 581

Rule Caption: Changes term mental retardation to intellectual disabilities in education rules.

Stat. Auth.: ORS 326.051 & 343.041

Other Auth.: SB 3 (2011)

Stats. Implemented: ORS 343

Proposed Amendments: 581-015-2000, 581-015-2155, 581-015-2170, 581-015-2390, 581-016-0536, 581-016-0740, 581-019-0005, 581-023-0100

Last Date for Comment: 9-1-11, 5 p.m.

Summary: Changes term from mental retardation to intellectual disabilities in education rules.

Rules Coordinator: Diane Roth

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

Telephone: (503) 947-5791

Oregon Health Authority
Chapter 943

Rule Caption: Informed Consent Requirements for Health Care Providers Participating in Electronic Health Information Exchange.

Date:                         Time:                        Location:

8-22-11                  2–3 p.m.                 Human Services Bldg.,
                                                                           Rms. 137 B, C, D
                                                                           500 Summer St. NE
                                                                           Salem, OR

Hearing Officer: Staff

Stat. Auth.: ORS 413.300–413.308 & 413.042

Other Auth.: Health Information Technology for Economic and Clinical Health (HITECH) Act, Title XIII of Division A and Title IV of Division B of the American Recovery and Reinvestment Act of 2009 (ARRA), Pub. L. No. 111-5 (Feb. 17, 2009)

Stats. Implemented: ORS 413.300–413.308

Proposed Adoptions: 943-015-0000, 943-015-0010, 943-015-0015

Last Date for Comment: 8-24-11

Summary: These rules ensure that standardized information is provided to patients about electronic health information exchange (HIE), and that all providers participating in HIE offer a standardized choice to provide patients an informed opportunity to decide whether to participate in HIE.

Rules Coordinator: Suzanne Hoffman

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

Telephone: (503) 881-6897

 

Rule Caption: Establish policy of non-discrimination against individuals with disabilities.

Stat. Auth.: ORS 413.042

Other Auth.: HB 2009, 2009 OL Ch. 595 Sec. 19-25 and Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973

Stats. Implemented: ORS 413.042

Proposed Adoptions: 943-005-0000, 943-005-0005, 943-005-0010, 943-005-0015, 943-005-0020, 943-005-0025, 943-005-0030

Proposed Repeals: 943-005-0000(T), 943-005-0005(T), 943-005-0010(T), 943-005-0015(T), 943-005-0020(T), 943-005-0025(T), 943-005-0030(T)

Last Date for Comment: 8-24-11

Summary: These rules establish the Authority policy of non-discrimination on the basis of disability in accordance with the Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973. The rules establish Authority policy for communication and accessibility for clients, client applicants and the public. The intent and content of the rules is to mirror existing Federal civil rights laws and to strengthen the Authority practice of these laws.

Rules Coordinator: Suzanne Hoffman

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

Telephone: (503) 881-6897

 

Rule Caption: Establishment of process for restricting an individual’s access to Authority premises, employees, and visitors.

Stat. Auth.: ORS 413.042

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

Stats. Implemented: ORS 413.042 & 654.010

Proposed Adoptions: 943-012-0005, 943-012-0010, 943-012-0015, 943-012-0020, 943-012-0025

Last Date for Comment: 8-24-11

Summary: Allows the Authority to protect Authority employees, visitors, and its premises from threats or acts of violence. Defines prohibited conduct and establishes criteria for restricting an individual’s access to Authority employees, visitors, and its premises when an individual has engaged in prohibited conduct.

Rules Coordinator: Suzanne Hoffman

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

Telephone: (503) 881-6897

 

Rule Caption: Privacy OARs setting forth general procedures governing the collection, use and disclosure of protected information.

Stat. Auth.: ORS 413.042

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

Stats. Implemented: ORS 179.505, 192.518–192.529, 411.010, 413.032 & 414.065

Proposed Adoptions: 943-014-0000, 943-014-0010, 943-014-0015, 943-014-0020, 943-014-0030, 943-014-0040, 943-014-0050, 943-014-0060, 943-014-0070

Proposed Repeals: 943-014-0000(T), 943-014-0010,(T) 943-014-0015(T), 943-014-0020(T), 943-014-0030(T), 943-014-0040(T), 943-014-0050(T), 943-014-0060(T), 943-014-0070(T)

Last Date for Comment: 8-24-11

Summary: These rules govern the collection, use, and disclosure of protected information by the Authority about individuals and to explain the rights and specific actions that individuals may take or request to be taken regarding the uses and disclosures of their protected information. These rules also set forth Authority requirements governing the use and disclosure of protected health information for purposes of HIPAA, 42 USC 1320-d through 1320d-8, Pub L 104-191, sec. 262 and 264, and the implementing HIPAA privacy rules, 45 CFR parts 160 and 164.

Rules Coordinator: Suzanne Hoffman

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

Telephone: (503) 881-6897

 

Rule Caption: Provider Enrollment and Claiming using Medicaid Management Information System.

Stat. Auth.: ORS 413.042

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

Stats. Implemented: ORS 414.115, 414.125, 414.135, 414.145

Proposed Adoptions: 943-120-0300, 943-120-0310, 943-120-0320, 943-120-0325, 943-120-0330, 943-120-0340, 943-120-0350, 943-120-0360, 943-120-0370, 943-120-0380, 943-120-0400

Proposed Repeals: 943-120-0300(T), 943-120-0310(T), 943-120-0320(T), 943-120-0325(T), 943-120-0330(T), 943-120-0340(T), 943-120-0350(T), 943-120-0360(T), 943-120-0370(T), 943-120-0380(T), 943-120-0400(T)

Last Date for Comment: 8-24-11

Summary: The Authority is adopting Authority-wide provider rules (OAR 943-120-0300 to 943-120-0380) which govern provider enrollment and claiming using the Medicaid Management Information System (MMIS). The Authority is proposing to ensure that Oregon Medicaid clients will be able to receive consistent and uninterrupted service and that providers are assured their correct and appropriate reimbursement at times that necessitate exceptions to normal, on-going communications.

      Proposed rules will soon be available on the DHS Website: http://www.oregon.gov/DHS/admin/dwssrules/index.shtml

      For hardcopy requests, call: (503) 945-6302

Rules Coordinator: Suzanne Hoffman

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

Telephone: (503) 881-6897

 

Rule Caption: Audits and Overpayment Recovery for Providers and Contractors receiving payments from or through the Authority.

Stat. Auth.: ORS 413.042

Other Auth.: HB 2009, 2009 OL Ch. 595 Sec. 19-25 & 42 CFR 455-456

Stats. Implemented: ORS 413.065

Proposed Adoptions: 943-120-1505

Proposed Repeals: 943-120-1505(T)

Last Date for Comment: 8-24-11

Summary: These rules adopt and incorporate by reference the Department of Human Services’ Audits and Overpayment Recovery rule: chapter 407-120-1505. Providers or contractors receiving payments from or through the Oregon Health Authority are subject to audit or other post payment review procedures for all payments applicable to items or services furnished or supplied by the provider or contractor to or on behalf of the Authority or to its clients.

      HB 2009 created the Oregon Health Authority and transferred to the Authority the Department of Human Services’ Divisions with respect to health and health care. Effective July 1, 2011 the Authority will no longer be able to rely on the Department of Human Services’ general rules found in OAR chapter 407. The Authority is adopting and incorporating by reference the Department’s rule which provide the Authority with the legal authority to conduct audits and overpayment recovery with respect to providers or contractors receiving payments from the Authority.

Rules Coordinator: Suzanne Hoffman

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

Telephone: (503) 881-6897

Oregon Health Authority,
Division of Medical Assistance Programs
Chapter 410

Rule Caption: Prior authorization; usual and customary definitions and billing guidelines

Date:                         Time:                        Location:

8-16-11                  10:30 a.m.             Human Services Bldg., Rm. 137A
                                                                           500 Summer St. NE
                                                                           Salem, OR

Hearing Officer: Darlene Nelson

Stat. Auth.: ORS 409.025, 409.040, 409.110, 413.042, & 414.065

Stats. Implemented: ORS 414.065

Proposed Amendments: 410-121-0000, 410-121-0040, 410-121-0150

Last Date for Comment: 8-18-11, 5 p.m.

Summary: The Pharmaceutical Services program rules (division 121) govern the Division of Medical Assistance Programs’ (Division) payments for services provided to certain clients. The Division will amend as follows:

      410-121-0000: Revise definition of usual and customary charges.

      410-121-0040: Updated Prior Authorization (PA) requirements for the Serotonin Norepinephrine Reuptake Inhibitors (SNRI) criteria.

      410-121-0150: Revised billing guidelines for usual and customary costs.

Rules Coordinator: Darlene Nelson

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

Telephone: (503) 945-6927

Oregon Health Authority,
Office for Oregon Health Policy and Research
Chapter 409

Rule Caption: Amendments to Health Care Acquired Infection Reporting and Public Disclosure Rules.

Date:                         Time:                        Location:

8-16-11                  10 a.m.                    1225 Ferry St. SE
                                                                           Mt. Jefferson Rm. (Basement)
                                                                           Salem, OR

Hearing Officer: Zarie Haverkate

Stat. Auth.: ORS 442.420 & OL 2007, Ch. 838 § 1–6 & 12

Stats. Implemented: ORS 179.505, 192.410, 192.496, 192.502, 441.015, 442.011, 442.400, 442.405, & OL 2007, Ch. 838 § 1–6 & 12

Proposed Amendments: 409-023-0000, 409-023-0010, 409-023-0012, 409-023-0015

Last Date for Comment: 8-18-11, 5 p.m.

Summary: The Oregon Health Authority, Office for Oregon Health Policy and Research is implementing amendments to the health care acquired infection (HAI) reporting. The rules implement the health care acquired infection (HAI) reporting, public disclosure, and other applicable mandates of ORS 442.420 and Ch. 838 § 1–6 and 12, which was enacted by the 74th Legislative Assembly. These proposed rules are intended to fulfill the mandates by prescribing the HAIs that are reported, how they are reported, the health care facilities that report them, and how they are publicly disclosed.

Rules Coordinator: Zarie Haverkate

Address: Oregon Health Authority, Office for Oregon Health
Policy and Research, 1225 Ferry St. SE, Salem, OR 97301

Telephone: (503) 373-1574

Oregon Health Licensing Agency,
Board of Direct Entry Midwifery
Chapter 332

Rule Caption: Amend requirements related to third-degree lacerations, peer review, breech births, post-date protocols and increase fees.

Stat. Auth.: ORS 676.606, 676.607 & 687.485

Stats. Implemented: ORS 676.615, 687.420, 687.425, 687.435, 687.480, 687.485 & 687.493

Proposed Amendments: 332-015-0000, 332-015-0070, 332-020-0000, 332-020-0017, 332-020-0020, 332-025-0020, 332-025-0021, 332-025-0022

Proposed Renumberings: 332-025-0050 to 332-026-0020, 332-025-0060 to 332-026-0030

Proposed Ren. & Amends: 332-025-0030 to 332-026-0000, 332-025-0040 to 332-026-0010, 332-025-0070 to 332-025-0110, 332-025-0080 to 332-025-0120, 332-025-0100 to 332-025-0130

Last Date for Comment: 8-28-11

Summary: Rule changes are necessary to allow for general amendments to align with current industry, agency and statewide rulemaking standards and principles, as well as changes to administrative rule references.

      Amend administrative rules to prohibit licensed direct entry midwives (LDMs) from repairing third-and-fourth degree lacerations. Currently the practice of repairing third-and-fourth degree lacerations is not universally taught during initial education and training for a LDM.

      Amend reporting requirements to reflect correct statutory authority. The agency and board will collect data as part of renewal requirements under ORS 687.425.

      Increase cost for initial licensure and renewal as well as repeal the $500 discount for initial licensure applicants, due to high legal costs directly charged to the board.

      Amend general practice standards to address LDMs who do not attend any births during the renewal period from having to report peer review as part of renewal requirements.

      Amend intrapartum absolute risk criteria to clarify the type of breech birth that is restricted and requires the transport and transfer of the client by the LDM.

      Amend mother and baby practice standards to provide options and clearer fetal surveillance requirements related to post-date protocol including auscultated acceleration testing when certain criteria are met. Requires documentation in the clients record if the mother denies testing or if the LDM is denied access to fetal surveillance testing.

      Amend approved legend drugs for maternal use to add more forms of procaine HCI, including Novocaine and benzocaine.

Rules Coordinator: Samantha Patnode

Address: Oregon Health Licensing Agency, Board of Direct Entry Midwifery, 700 Summer St. NE, Salem, OR 97301-1287

Telephone: (503) 373-1917

Oregon Liquor Control Commission
Chapter 845

Rule Caption: Amendments expanding age verification equipment operating standards and removing every point of sale location requirement.

Date:                         Time:                        Location:

8-23-11                  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 471.342

Proposed Amendments: 845-009-0140

Last Date for Comment: 9-6-11, 5 p.m.

Summary: This rule describes the Commission’s standards and requirements for licensees who choose to purchase age verification equipment (AVE) to offset (or in lieu of) a civil penalty in the case of sale of alcohol to a minor, or failure to properly verify the age of a minor purchaser. In the new section (2), staff recommends amending this rule to expand the requirements that AVE must fulfill in order to meet the Commission’s minimum operating standards. Additional equipment requirements would include being able to produce at least 7 days of transaction records (whether stored in memory or via hard copy printout), the ability to process ID from all U.S. states, and the capacity for equipment updates or upgrades. Staff also recommends replacing the current section (5) with the new section (6) in order to reflect more flexibility in the timeline requirements for electing and implementing the AVE credit option. Staff further recommends deletion of the current section (6) and its replacement with the new section (7). Because some acceptable AVE can be portable, rather than proscribing the number of pieces of age verification that a licensee must purchase and where they must be located, the licensee would be responsible for ensuring that all sellers have access to and use AVE when selling alcohol.

Rules Coordinator: Jennifer Huntsman

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

Telephone: (503) 872-5004

 

Rule Caption: Amendment removing “knowingly” standard from allowing a visibly intoxicated person to consume alcoholic beverages.

Date:                         Time:                        Location:

8-25-11                  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 471.030, 471.040, 471.175, 471.178, 471.200, 471.315(1)(a)(H), 471.405(1), 471.408, 471.412, 471.675 & 471.730

Proposed Amendments: 845-006-0345

Last Date for Comment: 9-8-11, 5 p.m.

Summary: This rule describes a variety of acts which both licensees (including their employees or agents) and service permittees are prohibited from engaging in. Currently, section (9) specifies that no licensee or permittee will “knowingly” allow a visibly intoxicated person (VIP) to drink alcoholic beverages, but that if they make a “good faith effort” to remove the alcohol they will not be in violation of allowing a VIP to consume. This rule section also defines what “good faith effort” means. The 2011 legislature has passed House Bill (HB) 2361, effective January 1, 2012. HB 2361 amends ORS 471.315 and ORS 471.412, removing the “knowingly” standard from the violation of allowing a VIP to consume. Amending OAR 845-006-0345, section (9), will bring our rule into compliance with this new statutory language.

Rules Coordinator: Jennifer Huntsman

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

Telephone: (503) 872-5004

 

Rule Caption: Amend rule to allow suppliers to exchange adulterated alcohol products.

Date:                         Time:                        Location:

8-30-11                  10 a.m.                    9079 SE McLoughlin Blvd.
                                                                           Portland, Oregon 97222

Hearing Officer: Jennifer Huntsman

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

Stats. Implemented: ORS 471.398(5) & 471.446(2)

Proposed Amendments: 845-013-0070

Last Date for Comment: 9-13-11, 5 p.m.

Summary: Certain alcohol energy drinks were determined to be adulterated products by the U.S. Food and Drug Administration (FDA) on November 17, 2010. Based on the warnings issued to the manufacturers of these alcohol products by the FDA, as well as the Federal Trade Commission (FTC) and the Alcohol and Tobacco Tax and Trade Bureau (TTB), the Commission found that these products contain an adulterated ingredient. While these specific products no longer pose a threat, there may be other adulterated alcohol products in the future that find their way into the consumer market. Current Oregon rules do not allow wholesalers and manufacturers to exchange products containing adulterated ingredients that were previously delivered to retailers for other equivalent products. This means that a substantial amount of these adulterated products would remain in the state where they might be available to the public rather than being safely returned to the wholesalers or manufacturers. The proposed amendments would allow wholesalers to exchange products containing adulterated ingredients for comparable saleable products and this is necessary to ensure that all of the adulterated products are promptly removed from retail premises in the state, thereby significantly reducing the risk that the products will be sold or otherwise made available to be consumed.

Rules Coordinator: Jennifer Huntsman

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

Telephone: (503) 872-5004

Oregon Medical Board
Chapter 847

Rule Caption: Fee changes as approved.

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.265

Proposed Amendments: 847-005-0005

Last Date for Comment: 8-21-11

Summary: The fee amendments were approved as part of the budget proposal(s) that were presented to the Oregon Legislature.

      The proposed rule change amends fees for physicians, podiatric physicians, physician assistants, and acupuncturists when licenses are renewed each biennium. Licensees with Active, Inactive, Locum Tenens, Teleradiology, and Telemedicine, and Military/Public Health statuses are included in the fee amendments.

Rules Coordinator: Malar Ratnathicam

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

Telephone: (971) 673-2713

 

Rule Caption: Fines on use of non legal practice name; housekeeping language changes.

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.265

Proposed Amendments: 847-008-0065

Last Date for Comment: 8-21-11

Summary: The proposed rule clarifies licensees practice under their legal name, imposes a fine if the rule is violated. Additional language was added that further disciplinary action may be taken by the Board for violations. The rule also addresses some housekeeping language changes.

Rules Coordinator: Malar Ratnathicam

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

Telephone: (971) 673-2713

 

Rule Caption: Notify patients and Board if leaving active status, imposes fine for violation.

Stat. Auth.: ORS 677.265 & 192.521

Stats. Implemented: ORS 677.265 & 192.521

Proposed Amendments: 847-012-0000

Last Date for Comment: 8-21-11

Summary: The proposed rule amendment adds language requiring licensees leaving active practice to notify patients and the Board of their status and method to obtain patient records; clarifies fine amount and possible disciplinary action by the Board. Housekeeping changes in language and grammar.

Rules Coordinator: Malar Ratnathicam

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

Telephone: (971) 673-2713

 

Rule Caption: Correct fine for failure to register as a dispensing physician or podiatric physician; housekeeping language changes.

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.010 & 677.089

Proposed Amendments: 847-015-0025

Last Date for Comment: 8-21-11

Summary: The proposed rule amendment reflects the correct fine for failure to register as a dispensing physician or podiatric physician and contains housekeeping in general language and grammar.

Rules Coordinator: Malar Ratnathicam

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

Telephone: (971) 673-2713

 

Rule Caption: Clarifies that office based invasive procedures include cosmetic procedures.

Stat. Auth.: ORS 677.265 & 679.255

Stats. Implemented: ORS 677.085, 677.097, 677.265, 677.060 & 677.255

Proposed Amendments: 847-017-0000, 847-017-0005, 847-017-0010, 847-017-0015, 847-017-0020, 847-017-0025, 847-017-0030, 847-017-0035, 847-017-0040

Last Date for Comment: 8-21-11

Summary: The proposed rule amendment clarifies that office based invasive procedures include cosmetic procedures.

Rules Coordinator: Malar Ratnathicam

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

Telephone: (971) 673-2713

 

Rule Caption: New Osteopathic school opening in Oregon and clarifies the standards for re-entry to practice.

Stat. Auth.: ORS 677.175 & 677.265

Stats. Implemented: ORS 677.010, 677.175, 677.265

Proposed Amendments: 847-020-0183

Last Date for Comment: 8-21-11

Summary: The proposed rule adds language to include the new Osteopathic school which is opening in Oregon and clarifies the standards for re-entry to practice.

Rules Coordinator: Malar Ratnathicam

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

Telephone: (971) 673-2713

 

Rule Caption: Language in the administration of medication, on-scene assist and minor housekeeping language changes.

Stat. Auth.: ORS 682.245

Stats. Implemented: ORS 682.245

Proposed Amendments: 847-035-0030

Last Date for Comment: 8-21-11

Summary: The proposed rule amendment clarifies language in the administration of medication; adds language for EMT Basics to assist Advanced EMT, EMT Intermediate, and EMT-Paramedic on scene, and includes other minor housekeeping changes in language.

Rules Coordinator: Malar Ratnathicam

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

Telephone: (971) 673-2713

 

Rule Caption: Re-entry to practice; includes housekeeping in general language and grammar.

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.512

Proposed Amendments: 847-050-0043

Last Date for Comment: 8-21-11

Summary: Establishes requirements for physician assistants re-entry to practice after ceasing practice for more than one year, and includes housekeeping in language and grammar.

Rules Coordinator: Malar Ratnathicam

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

Telephone: (971) 673-2713

 

Rule Caption: Requirements for re-entry to practice and includes housekeeping changes in language and grammar.

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.175 & 677.759

Proposed Amendments: 847-070-0045

Last Date for Comment: 8-21-11

Summary: The proposed rule amendment clarifies requirements on re-entry to practice for acupuncturists, if they have ceased practice for a period of 24 or more consecutive months immediately preceding the application for licensure or reactivation. The rule also includes general housekeeping changes in language and grammar.

Rules Coordinator: Malar Ratnathicam

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

Telephone: (971) 673-2713

 

Rule Caption: Requirements for re-entry to practice; includes housekeeping in language and grammar.

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.825 & 677.830

Proposed Amendments: 847-080-0018

Last Date for Comment: 8-21-11

Summary: The proposed rule amendment clarifies requirements on re-entry to practice for podiatric physicians, by meeting requirements stated in the rule, such as obtaining Continuing Medical Education, (CME) preceding an application for licensure or reactivation. The rule also addresses some housekeeping language changes.

Rules Coordinator: Malar Ratnathicam

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

Telephone: (971) 673-2713

Oregon State Lottery
Chapter 177

Rule Caption: Announcement of Draw game result; Purchase of Keno ticket for future drawings.

Date:                         Time:                        Location:

8-16-11                  2–2:30 p.m.         Oregon Lottery
                                                                           500 Airport Rd. SE
                                                                           Salem, OR

Hearing Officer: Mark Hohlt

Stat. Auth.: ORS 461

Other Auth.: OR Const. Art. XV, Sec. 4(4)

Stats. Implemented: ORS 461.300 & 461.200

Proposed Adoptions: 177-070-0016, 177-099-0015

Proposed Amendments: 177-099-0000, 177-099-0020, 177-099-0030

Last Date for Comment: 8-16-11, 2:30 p.m.

Summary: The Oregon State Lottery has initiated permanent rulemaking to adopt and amend the above referenced administrative rules to specify the conditions for publicizing Draw game results, and to authorize an option for the Keno game which allows the purchase of a ticket for a future drawing and future consecutive drawings.

Rules Coordinator: Mark W. Hohlt

Address: Oregon State Lottery, 500 Airport Rd. SE, Salem, OR 97301

Telephone: (503) 540-1417

Oregon University System,
Portland State University
Chapter 577

Rule Caption: Schedule of Fines and Fees for General Services and Other Charges.

Stat. Auth.: ORS 351.070

Stats. Implemented: ORS 352.360

Proposed Amendments: 577-060-0020

Last Date for Comment: 8-31-11

Summary: Portland State University hereby adopts by reference a list of fees and other charges for fiscal year 2011–2012. The list of fees and other charges is available at Portland State University’s Office of Finance and Administration, Market Center Building, 1600 SW Fourth Ave., Suite 515, Portland, OR 97207 and online at www.pdx.edu/fadm/rulemaking-portland-state and is hereby incorporated by reference in the rule.

Rules Coordinator: Diane Kirk

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

Telephone: (503) 725-2640

Oregon Watershed Enhancement Board
Chapter 695

Rule Caption: Immediate rule updates necessary to implement SB 342 and administer ongoing grant programs.

Date:                         Time:                        Location:

8-22-11                  10 a.m.                    State Lands Board Rm.
                                                                           775 Summer St. NE, Suite 360
                                                                           Salem, OR

Hearing Officer: Staff

Stat. Auth.: ORS 541.396

Stats. Implemented: ORS 541.351–541.401 & SB 342 (2011)

Proposed Amendments: 695-010-0030, 695-010-0060, 695-015-0030, 695-030-0060, 695-035-0010, 695-035-0050, 695-035-0060

Last Date for Comment: 8-22-11, 5 p.m.

Summary: OWEB is proposing limited rule amendments to make immediate updates necessary to ensure a smooth transition for ongoing programs for the 2011–2013 biennium. OWEB is proposing amendments to seven rules to address statutory changes from Senate Bill 342 (SB 342), the implementing legislation for Ballot Measure 76, which was passed by voters in November 2010. OWEB is proposing to update rule references to the grant fund (five rules) resulting from the statutory creation of the Watershed Conservation Grant Fund. OWEB is also proposing to amend two Small Grant Program rules containing a statutory reference that was deleted by SB 342, and to update a Restoration Grant Program rule containing statutory language that was amended by SB 342. Public comment on the proposed amendments will be accepted from August 1, 2011 through 5:00 p.m. on Monday, August 22, 2011. The proposed amendments will be available online by August 1, 2011, at www.oregon.gov/OWEB/admin_rules_statutes.shtml

Rules Coordinator: Melissa Leoni

Address: Oregon Watershed Enhancement Board, 775 Summer St. NE, Suite 360, Salem, OR 97301

Telephone: (503) 986-0179

Oregon Youth Authority
Chapter 416

Rule Caption: Agency certification of employees to provide mental health services to offenders in OYA facilities.

Date:                         Time:                        Location:

8-23-11                  1:30 p.m.               Oregon Youth Authority
                                                                           Owyhee Conference Rm.
                                                                           530 Center St. NE, Suite.
200
                                                                           Salem, OR

Hearing Officer: Winifred Skinner

Stat. Auth.: ORS 420A.010 420A.025 & SB 423 (2011)

Stats. Implemented: SB 423 (2011)

Proposed Adoptions: 416-070-0010, 416-070-0020, 416-070-0030, 416-070-0040, 416-070-0050, 416-070-0060

Last Date for Comment: 9-6-11, 5 p.m.

Summary: These rules establish the Oregon Youth Authority’s (OYA) standards for certifying OYA mental health treatment employees as Treatment Services Supervisors or Qualified Mental Health Professionals (QMHP). Mental health treatment employees must be certified under these rules to provide mental health services to offenders in OYA facilities. These rules allow OYA to comply with SB 423 (2011).

Rules Coordinator: Winifred Skinner

Address: Oregon Youth Authority, 530 Center St. NE, Suite 200, Salem, OR 97301-3765

Telephone: (503) 373-7570

 

Rule Caption: Repealing OYA rules about HIV testing already established by law and Oregon Health Authority rules.

Stat. Auth.: ORS 420A.025

Stats. Implemented: ORS 420A.025

Proposed Repeals: 416-600-0000, 416-600-0010, 416-600-0020, 416-600-0030, 416-600-0040, 416-600-0050

Last Date for Comment: 9-6-11, 5 p.m.

Summary: These agency rules regarding offender HIV testing are being repealed as they simply reiterate Oregon laws and Oregon Health Authority rules regarding HIV testing. Agency policy and procedure direct agency staff on how to comply with Oregon law and Oregon Health Authority rules regarding HIV testing.

Rules Coordinator: Winifred Skinner

Address: Oregon Youth Authority, 530 Center St. NE, Suite 200, Salem, OR 97301-3765

Telephone: (503) 373-7570

 

Rule Caption: Repealing outdated OYA rules regarding juvenile sex offender treatment and assessment.

Stat. Auth.: ORS 420A.025

Stats. Implemented: ORS 420A.025

Proposed Repeals: 416-460-0000, 416-460-0010, 416-460-0020, 416-460-0030, 416-460-0040

Last Date for Comment: 9-6-11, 5 p.m.

Summary: These agency rules regarding juvenile sex offender treatment and assessment are being repealed as they are very outdated and unnecessary. OYA treatment and assessment modalities follow current best practices for juvenile sex offenders as reflected in agency treatment curriculum and policy.

Rules Coordinator: Winifred Skinner

Address: Oregon Youth Authority, 530 Center St. NE, Suite 200, Salem, OR 97301-3765

Telephone: (503) 373-7570

 

Rule Caption: Offender Welfare Accounts to benefit OYA facility offenders by enhancing offender activities and programs.

Stat. Auth.: ORS 420A.025, 420A.030, 420A.014 & 420A.100

Stats. Implemented: ORS 420A.030, 420A.014 & 420A.100

Proposed Adoptions: 416-260-0015

Proposed Amendments: 416-260-0010

Last Date for Comment: 9-6-11, 5 p.m.

Summary: These rules establish an Offender Welfare Account for each OYA close custody facility to provide funds that benefit the close custody offender population and enhance offender activities and programs.

Rules Coordinator: Winifred Skinner

Address: Oregon Youth Authority, 530 Center St. NE, Suite 200, Salem, OR 97301-3765

Telephone: (503) 373-7570

 

Rule Caption: OYA adopts standards set by the ICJ for interstate transfer of offender supervision and services.

Stat. Auth.: ORS 420A.025

Stats. Implemented: ORS 417.010–417.080

Proposed Adoptions: 416-115-0025

Proposed Amendments: 416-115-0010, 416-115-0020, 416-115-0030

Proposed Repeals: 416-115-0000, 416-115-0040, 416-115-0050, 416-115-0060, 416-115-0070, 416-115-0080, 416-115-0090, 416-115-0100, 416-115-0110, 416-115-0120, 416-115-0130, 416-115-0140, 416-115-0150, 416-115-0160, 416-115-0170, 416-115-0180, 416-115-0190, 416-115-0200, 416-115-0210, 416-115-0220, 416-115-0230, 416-115-0240, 416-115-0250, 416-115-0260, 416-115-0270, 416-115-0280

Last Date for Comment: 9-6-11, 5 p.m.

Summary: The Oregon Youth Authority adopts by reference standards for the interstate transfer of youth offender supervision and services set in the official Interstate Compact for Juveniles (ICJ) rules, published annually by the Interstate Commission for Juveniles, as updated to reflect all amendments to the rules. OYA is repealing rules that were adopted prior to those set in the official ICJ rules.

Rules Coordinator: Winifred Skinner

Address: Oregon Youth Authority, 530 Center St. NE, Suite 200, Salem, OR 97301-3765

Telephone: (503) 373-7570

 

Rule Caption: Amendments to OYA’s rules on OYA facility entrance and visits with OYA facility offenders.

Stat. Auth.: ORS 420A.025 & 420A.100

Stats. Implemented: ORS 420.011, 420A.010, 420A.125, 162.135, 162.185 & 419C.478

Proposed Amendments: 416-420-0010, 416-420-0030

Last Date for Comment: 9-6-11, 5 p.m.

Summary: OYA proposes amendments to its facility visiting rules. OYA may subject persons who request entrance to an OYA facility to an electronic criminal records check as part of a safety and security assessment. OYA may deny visitation with an offender if the visiting requestor is on supervision in the community by any supervising authority or the requestor has an active warrant. A visitation denial appeal process is delineated.

Rules Coordinator: Winifred Skinner

Address: Oregon Youth Authority, 530 Center St. NE, Suite 200, Salem, OR 97301-3765

Telephone: (503) 373-7570

Psychiatric Security Review Board
Chapter 859

Rule Caption: Establishes Exception for Petition Requirements for Persons Who Previously Received Judicial Relief for the Civil Commitment Firearm Bar.

Date:                         Time:                        Location:

9-22-11                  10 a.m.                    620 SW 5th Ave., Suite 907
                                                                           Portland, OR 97204

Hearing Officer: Juliet Follansbee

Stat. Auth.: 2009 OL Ch. 826 (HB 2853)

Stats. Implemented: 2009 OL Ch. 826 (HB 2853)

Proposed Amendments: 859-300-0050

Last Date for Comment: 9-22-11

Summary: Oregon Laws 2009, Ch. 826 requires the PSRB to administer a hearings process for persons who are disqualified from transporting, shipping, possessing, or receiving a firearm under federal and certain state laws. Prior to the passage of this legislation, persons previously civilly committed could seek judicial relief to have their state firearms privilege restored. However, this judicial relief never restored their federal firearm privileges. On August 3, 2009, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) certified Oregon’s PSRB Gun Relief Program as having authority to restore a person’s federal firearm privilege. The purpose of this administrative rule is to streamline the petition process for those individuals who have previously been granted State relief who now seek to have their federal mental health prohibitor lifted.

Rules Coordinator: Juliet Follansbee

Address: Psychiatric Security Review Board, 620 SW 5th Ave., Suite 907, Portland, OR 97204

Telephone: (503) 229-5596

Public Utility Commission
Chapter 860

Rule Caption: In the Matter of a Rulemaking Regarding Greenhouse Gas Emissions Requirements.

Date:                         Time:                        Location:

9-16-11                  9:30 a.m.                550 Capitol St. NE, 1st Floor
                                                                           Salem, OR 97301

Hearing Officer: Allan J. Arlow

Stat. Auth.: ORS 756.040, 757.538 & 2009 OL Ch. 751 Sec. 9

Stats. Implemented: ORS 756.040, 757.538 & 2009 OL Ch. 751 Sec. 9

Proposed Adoptions: 860-085-0005, 860-085-0010, 860-085-0020, 860-085-0030, 860-085-0040, 860-085-0050

Last Date for Comment: 9-22-11, 5 p.m.

Summary: These proposed rules implement ORS 757.522 through 757.538 (sections 1 through 6 of SB 101 from the 2009 legislative session) regarding the greenhouse gas emissions standard applicable to electric companies and electricity service suppliers.

      The Commission encourages participants to file written comments as early as practicable in the proceedings so that other participants have the opportunity to consider and respond to the comments before the deadline. Please reference Docket No. AR 556 on comments and file them by e-mail to the Commission’s Filing Center at PUC.FilingCenter@state.or.us and also send a signed hard copy to the Filing Center at PO Box 2148, Salem, Oregon 97308-2418. For more information about the Commission’s Filing Center, please see http://apps.puc.state.or.us/edockets/center.htm. Interested persons may review all filings online at http://apps.puc.state.or.us/edockets/docket.asp?DocketID=16922

      Participants wishing to monitor the hearing by telephone (listen only) must contact Diane Davis at diane.davis@state.or.us or (503) 378-4372 by close of business September 13, 2011, to request a dial -in number. To present oral comment at the hearing, participants must attend in person.

Rules Coordinator: Diane Davis

Address: Public Utility Commission of Oregon, PO Box 2148, Salem, OR 97308

Telephone: (503) 378-4372

 

Rule Caption: In the Matter of Revisions to the Solar Photovoltaic Pilot Program Rules.

Date:                         Time:                        Location:

8-25-11                  9:30 a.m.                550 Capitol St. NE, 1st Floor
                                                                           Salem, OR 97301

Hearing Officer: Sarah K. Wallace

Stat. Auth.: ORS 757.360–757.380

Stats. Implemented: ORS 757.360–757.380

Proposed Amendments: 860-084-0010 – 860-084-0450

Last Date for Comment: 9-12-11, 5 p.m.

Summary: ORS 757.365 (2009), as amended by HB 3690 (2010), requires the PUC to establish pilot programs to demonstrate the use and effectiveness of volumetric incentive rates (VIRs) for electricity delivered by solar photovoltaic energy (SPV) systems (SPV Pilot Programs). When the PUC established the SPV Pilot Programs in 2010, the PUC divided potential participants into three categories—small-scale, medium-scale, and large-scale—using SPV system size to differentiate between the categories. The PUC established that small- and medium-scale systems are eligible to participate in the SPV Pilot Programs’ “net metering option” and that large-scale systems are eligible to participate in the “competitive bid” option. The PUC also established that small- and medium-scale participants reserve capacity in the SPV Pilot Programs on a first-come, first-served basis. See Order No. 10-198.

      In 2011, the PUC ordered the implementation of a lottery-based capacity reservation system for small-scale and medium-scale SPV systems participating in the net metering option. The PUC Staff were directed to convene workshops to identify all the rule changes or “Commission direction” needed to implement a lottery system in time for the October 1 enrollment period. See Order No. 11-089. The PUC also determined that some of the medium-scale participants should participate in the SPV Pilot Programs’ competitive bid option, and that utilities should allocate 50 percent of the capacity for medium- scale systems by competitive bidding. The rules currently require that medium-scale systems participate in the net metering option, so a rule change is required to adopt a method to split the medium-scale capacity between net-metering and competitive bid options.

      In addition to implementing changes to the SPV Pilot Programs previously ordered by the PUC, the proposed rules are needed to clarify other issues, such as estimating capacity of SPV systems for new construction.

      The Commission encourages participants to file written comments as early as practicable in the proceedings so that other participants have the opportunity to consider and respond to the comments before the deadline. Please reference Docket No. AR 558 on comments, file them by e-mail to the Commission’s Filing Center at PUC.FilingCenter@state.or.us, and send a signed hard copy to the Filing Center at PO Box 2148, Salem, Oregon 97308-2418. For more information about the Commission’s Filing Center, please see http://apps.puc.state.or.us/edockets/center.htm. Interested persons may review all filings online at http://apps.puc.state.or.us/edockets/docket.asp?DocketID=16925

      Participants wanting to monitor the hearing by telephone (listen only) must contact Diane Davis at diane.davis@state.or.us or (503) 378-4372 by close of business August 23, 2011, to request a dial -in number. To present oral comment at the hearing, participants must attend in person.

Rules Coordinator: Diane Davis

Address: Public Utility Commission of Oregon, PO Box 2148, Salem, OR 97308

Telephone: (503) 378-4372

 

Rule Caption: In the Matter of Revisions to the Residential Service Protection Fund Administrative Rules.

Date:                         Time:                        Location:

8-31-11                  9:30 a.m.                550 Capitol St. NE, 2nd Floor
                                                                           Salem, OR 97301

Hearing Officer: Shani Pines

Stat. Auth.: ORS 183, 756, 759 & Ch. 290 OL 1987

Stats. Implemented: ORS 756.040, 759.036 & Ch. 290 OL 1987

Proposed Amendments: 860-033-0005, 860-033-0006, 860-033-0007, 860-033-0008, 860-033-0009, 860-033-0030, 860-033-0045, 860-033-0505, 860-033-0506, 860-033-0530, 860-033-0537, 860-033-0545

Proposed Repeals: 860-033-0510

Last Date for Comment: 9-7-11, 5 p.m.

Summary: These proposed rule changes are needed to track and facilitate the remittance process in the newly developed Residential Service Protection Fund (RSPF) online system, which will allow telecommunications providers to complete and submit their RSPF Remittance Report and surcharges online. In addition, it allows eligible telecommunications providers to file Oregon Telephone Assistance Program (OTAP) Reimbursement Reports online. This rulemaking addresses the potential problems of RSPF financial overcompensation to a telecommunications provider or refunds that may have a material impact on the fund. Overcompensation and refunds may occur because of errors and revisions to previously filed reports.

      The rules are revised to comport with the recent enactment of Senate Bill (SB) 143 and 144. SB 143 removed the 135 percent federal poverty level restriction to allow Medicaid beneficiaries who reside in a long-term or residential care facility to reap the benefits of the OTAP, regardless of their income. SB 144 allows a person with a hearing loss or speech impairment to receive adaptive telephone equipment, not just those who have a severe or greater degree of hearing or speech disability. SB 144 also allows a nurse practitioner and rehabilitation counselor for the blind to certify a person as having a disability (within the scope of their profession) and needing adaptive equipment in order to communicate on the telephone.

      To align with other Commission rules pertaining to fee collections, this rulemaking specifies that a person is responsible for and must pay all costs incurred by the Commission to collect a past-due invoice or surcharge amount. This rulemaking reflects current RSPF reporting practices for telecommunications providers and addresses housekeeping, organizational and other clarifying improvements.

      The Commission encourages participants to file written comments as early as practicable in the proceedings so that other participants have the opportunity to consider and respond to the comments before the deadline. Please reference Docket No. AR 557 on comments, file them by e-mail to the Commission’s Filing Center at PUC.FilingCenter@state.or.us, and send a signed hard copy to the Filing Center at PO Box 2148, Salem, Oregon 97308-2418. For more information about the Commission's Filing Center, please see http://apps.puc.state.or.us/edockets/center.htm. Interested persons may review all filings on-line at http://apps.puc.state.or.us/edockets/docket.asp?DocketID=16924

      Participants wanting to monitor the hearing by telephone (listen only) must contact Diane Davis at diane.davis@state.or.us or (503) 378-4372 by close of business August 26, 2011, to request a dial -in number. To present oral comment at the hearing, participants must attend in person.

Rules Coordinator: Diane Davis

Address: Public Utility Commission of Oregon, PO Box 2148, Salem, OR 97308

Telephone: (503) 378-4372

 

Rule Caption: In the Matter of a Rulemaking to Update Waiver Provisions in the Commission’s Administrative Rules.

Date:                         Time:                        Location:

8-19-11                  9:30 a.m.                550 Capitol St. NE, 2nd Floor
                                                                           Salem, OR 97301

Hearing Officer: Michael Grant

Stat. Auth.: ORS Ch. 183, 756, 757, 759, Ch. 290, OL 1987 & ORS 469A.065

Stats. Implemented: ORS 469A.065, 756.040, 756.060, 757.005, 757.015, 757.035, 757.039, 757.061, 757.110, 757.250, 757.270, 757.300, 757.360-757.380, 757.490, 757.495, 757.600–757.667, 758.505–758.555, 759.005, 759.020, 759.036, 759.040, 759.045, 759.050, 759.220, 759.225, 759.240, 759.385, 759.390, 759.450, 759.500–759.595, 759.650, 759.690, & Ch. 290, OL 1987

Proposed Adoptions: 860-016-0005, 860-032-0000

Proposed Amendments: 860-021-0005, 860-022-0000, 860-022-0045, 860-023-0000, 860-023-0054, 860-023-0055, 860 024-0000, 860-024-0012, 860-025-0000, 860-026-0000, 860-027-0000, 860-027-0043, 860-027-0044, 860-028-0000, 860-029-0005, 860-029-0050, 860-030-0000, 860-031-0040, 860-032-0007, 860-032-0012, 860-033-0001, 860-034-0010, 860-034-0050, 860-034-0260, 860-034-0340, 860-034-0390, 860-036-0001, 860-036-0110, 860-036-0235, 860-036-0738, 860-036-0750, 860-037-0001, 860-037-0235, 860-037-0545, 860-037-0560, 860-038-0001, 860-039-0005, 860-082-0010, 860-083-0005, 860-084-0000

Last Date for Comment: 8-25-11, 5 p.m.

Summary: These proposed rule changes will provide consistent waiver provision in all divisions of the Commission’s administrative rules to allow the Commission the discretion necessary to more efficiently regulate utilities under conditions of rapidly changing environments and technologies and under extenuating circumstances. Recently, the need for consistent waiver provisions was highlighted in a case before the Commission wherein parties filed a stipulation requiring waiver of certain Commission rules, but the rules implicated did not contain a waiver provision, and therefore, that stipulation cannot be adopted by the Commission until a waiver provision is in place.

      The Commission encourages participants to file written comments as early as practicable in the proceedings so that other participants have the opportunity to consider and respond to the comments before the deadline. Please reference Docket No. AR 554 on comments and file them by e-mail to the Commission’s Filing Center at PUC.FilingCenter@state.or.us and also send a signed hard copy to the Filing Center at PO Box 2148, Salem, Oregon 97308-2418. For more information about the Commission's Filing Center, please see http://apps.puc.state.or.us/edockets/center.htm. Interested persons may review all filings online at http://apps.puc.state.or.us/edockets/docket.asp?DocketID=16896

      Participants wishing to monitor the hearing by telephone (listen only) must contact Diane Davis at diane.davis@state.or.us or (503) 378-4372 by close of business August 17, 2011, to request a dial -in number. To present oral comment at the hearing, participants must attend in person.

Rules Coordinator: Diane Davis

Address: Public Utility Commission of Oregon, PO Box 2148, Salem, OR 97308

Telephone: (503) 378-4372

Racing Commission
Chapter 462

Rule Caption: Proposed rulemaking will edit OARs with detailed direction to licensees and includes current industry practice.

Date:                         Time:                        Location:

9-15-11                  10:30 a.m.             800 NE Oregon St., Rm. 221
                                                                           Portland, OR

Hearing Officer: Charles Williamson

Stat. Auth.: ORS 462.250, 462.270(3) & 462.700

Stats. Implemented: ORS 462.020, 462.270, 462.405 & 462.700

Proposed Amendments: 462-110-0010, 462-120-0040, 462-130-0010, 462-130-0030, 462-130-0050, 462-140-0040, 462-150-0040, 462-150-0080, 462-200-0370

Last Date for Comment: 9-15-11, Close of Hearing

Summary: Amendment #1: 462-110-0010(7) (Racing Definitions): Amends the text of the definition for “bleeder.”

      Amendment #2: 462-120-0043(3) (Types of Licenses): Amends (a) and adds(b) speaking to entry of a horse(s) of a decedent who was owner in part.

      Amendment #3: 462-120-0040(4)(b) (Types of Licenses): Removes “regardless of whether” and replaces with “if.”

      Amendment #4: 462-120-0040(4)(i) (Types of Licenses): Adds (a) Provisional Exercise Rider and Exercise Rider.

      Amendment #5: 462-130-0010(1)(m) (Prohibited Conduct; Investigations; Discipline): Changes language to industry standard.

      Amendment #6: 462-130-0010(3)(a)(D) (Prohibited Conduct; Investigations; Discipline): Changes language regarding the requirement of an evaluation to be submitted to the Commission.

      Amendment #7: 462-130-0010(3)(b)(C) (Prohibited Conduct; Investigations; Discipline): Provides more detailed explanation to (i), (ii) and (iii).

      Amendment #8: 462-130-0010(9) (Prohibited Conduct; Investigations; Discipline): Adds language to the rule requiring licensees to notify the Commission if they are convicted of a crime.

      Amendment #9: 462-130-0030 (Informal Stewards’ Hearing): Adds language regarding riding infractions.

      Amendment #10: 462-130-0050(1) (Appeal to the Commission; Stay Pending Appeal): Removes language stating, “Any appeal concerning the board of stewards’ decision regarding a claim of foul or inquiry must be filed with the commission offices at the Portland State Office Building, 800 NE Oregon Street, Suite 310, Portland, Oregon 97232, within 72 hours of the action or inaction which provides the basis of the appeal.”

      Amendment #11: 462-140-0040(3) (Veterinarian): Updates language to industry standard.

      Amendment #12: 462-150-0040(7)(g) (Entering for Official Racing; Subscriptions): Adds language regarding a potential for waiver by the Commission Stewards.

      Amendment #13: 462-150-0080(5) (Order of Finish; Weighing In; Objections and Disqualification): Removes “commenced before midnight” from the rule.

      Amendment #14: 462-150-0080(7)(f) (Order of Finish; Weighing In; Objections and Disqualification): Adds language to more clearly define the rule.

      Amendment #15: 462-200-0370(2) (General Operations of
Off-Track Facility): Updates language to current practice.

Rules Coordinator: Nancy A. Artmann

Address: Oregon Racing Commission, 800 NE Oregon St., Suite 310, Portland, OR 97232

Telephone: (971) 673-0211

Real Estate Agency
Chapter 863

Rule Caption: Amends licensing rules to implement new electronic licensing processes.

Date:                         Time:                        Location:

8-15-11                  10 a.m.                    Real Estate Agency
                                                                           117 Center St. NE
                                                                           Salem, OR

Hearing Officer: Staff

Stat. Auth.: ORS 696.385 & 696.425

Stats. Implemented: ORS 696.020, 696.022, 696.425, 696.026, 696.274, 696.182 & 696.184

Proposed Adoptions: 863-014-0066, 863-024-0066, 863-022-0060

Proposed Amendments: 863-014-0003, 863-014-0010, 863-014-0015, 863-014-0020, 863-014-0030, 863-014-0035, 863-014-0040, 863-014-0050, 863-014-0062, 863-014-0063, 863-014-0065, 863-014-0076, 863-014-0095, 863-024-0003, 863-024-0010, 863-024-0015, 863-024-0020, 863-024-0030, 863-024-0045, 863-024-0050, 863-024-0062, 863-024-0063, 863-024-0065, 863-024-0076, 863-024-0095, 863-022-0010, 863-022-0015, 863-022-0025

Last Date for Comment: 8-15-11, 1 p.m.

Summary: These rules amend the real estate broker, principal broker and property manager licensing rules in OAR chapter 863, Divisions 14 and 24 and implement the statutory changes in SB 156, which became effective May 27, 2011. The purposes of these amendments are to align the license application process with the Agency’s new electronic licensing system. Changes to processes and requirements include: (1) the license application processes and payment of fees for fingerprinting and examination services, which have been contracted to a service provider; (2) the requirement of a licensee to renew online; (3) new requirement to maintain a license applicant or licensee’s email address; (4) establishes the Agency’s primary and preferred method of notification, correspondence or confirmation is to a licensee’s email address; and (5) allows the Agency to require an original or electronic signature. New rules in division 14 and 24 establish the new requirements for a licensee’s name change. A new rule in division 22 establishes new requirements of the pre-license education providers to certify course completion to the examination service provider. The text of the rule is posted on the Agency’s website at www.rea.state.or.us, and click on “Statutes and Rules.” These rules were filed as temporary rules on June 22, 2011.

Rules Coordinator: Laurie Skillman

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

Telephone: (503) 378-4630

 

Rule Caption: Suspends temporary rule and amends same rule for Board approval of qualifications.

Date:                         Time:                        Location:

8-15-11                  10 a.m.                    Real Estate Agency
                                                                           117 Center St. NE
                                                                           Salem, OR

Hearing Officer: Staff

Stat. Auth.: ORS 696.385

Stats. Implemented: ORS 696.182

Proposed Amendments: 863-020-0025

Last Date for Comment: 8-15-11, 1 p.m.

Summary: OAR 863-020-0025 establishes the requirements for a petitioner who wishes to petition the Real Estate Board for the Board to approve the petitioner’s qualifications to apply to become a continuing education provider. On February 3, 2011, the Agency filed a temporary rule that was effective from 2-4-11 thru 8-3-11. The Board used the temporary rule during Board meetings as a basis for considering the qualifications of a continuing education provider. The Board found that the rule did not adequately reflect the Board’s determinations and, at the June 6, 2011 Board meeting, requested that the rule be amended to conform to the Board’s determinations. A person not otherwise qualified to be a continuing education provider must apply to the Board and request the Board’s approval of the person’s qualifications. The temporary rule filed on February 3, 2011 suspended the rule and a new temporary rule was filed.

       The text of the rule is posted on the Agency’s website at www.rea.state.or.us, and click on “Statutes and Rules.”

Rules Coordinator: Laurie Skillman

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

Telephone: (503) 378-4630

 

Rule Caption: Payment of fees to the Real Estate Agency.

Date:                         Time:                        Location:

8-15-11                  10 a.m.                    Real Estate Agency
                                                                           117 Center St. NE
                                                                           Salem, OR

Hearing Officer: Staff

Stat. Auth.: ORS 696.385

Stats. Implemented: ORS 696.270 & 293.525

Proposed Adoptions: 863-001-0020

Last Date for Comment: 8-15-11, 1 p.m.

Summary: Establishes that the Real Estate Agency’s primary method for accepting payments for licensing following fees is electronic funds transfer or credit card payment using an online authorization and payment process.

Rules Coordinator: Laurie Skillman

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

Telephone: (503) 378-4630

 

 

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

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

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