Oregon Bulletin
NOTICES OF PROPOSED RULEMAKING AND
PROPOSED RULEMAKING HEARINGS
The following agencies provide Notice of Proposed Rulemaking to offer interested parties reasonable opportunity to submit data or views on proposed rulemaking activity. To expedite the rulemaking process, many agencies have set the time and place for a hearing in the notice. Copies of rulemaking materials may be obtained from the Rules Coordinator at the address and telephone number indicated.
Public comment may be submitted in writing directly to an agency or presented orally or in writing at the rulemaking hearing. Written comment must be submitted to an agency by 5:00 p.m. on the Last Day for Comment listed, unless a different time of day is specified. Written and oral comments may be submitted at the appropriate time during a rulemaking hearing as outlined in OAR 137-001-0030.
Agencies providing notice request public comment on whether other options should be considered for achieving a proposed administrative rule's substantive goals while reducing negative economic impact of the rule on business.
In Notices of Proposed Rulemaking where no hearing has been set, a hearing may be requested by 10 or more people or by an association with 10 or more members. Agencies must receive requests for a public rulemaking hearing in writing within 21 days following notice publication in the Oregon Bulletin or 28 days from the date notice was sent to people on the agency mailing list, whichever is later. If sufficient hearing requests are received by an agency, notice of the date and time of the rulemaking hearing must be published in the Oregon Bulletin at least 14 days before the hearing.
*Auxiliary aids for persons with disabilities are available upon advance request. Contact the agency Rules Coordinator listed in the notice information.
Rule
Caption: 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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 |