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Oregon Bulletin

August 1, 2013

 

NOTICES OF PROPOSED RULEMAKING AND
PROPOSED RULEMAKING HEARINGS

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

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

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

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

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


Board of Examiners for Engineering and Land Surveying, Chapter 820

Rule Caption: Amend rules related to applications, digital signatures, and public record requests. Repeal one rule.

Date:   Time:   Location:

9-10-13    1:30 p.m.   670 Hawthorne Ave., SE Suite 220      Salem, OR 97301

Hearing Officer: Carl Tappert

Stat. Auth.: ORS 672.255

Other Auth.: ORS 670.310

Stats. Implemented: ORS 672.002–672.325

Proposed Amendments: 820-001-0020, 820-010-0010, 820-010-0227, 820-010-0228, 820-010-0305, 820-010-0442, 820-010-0620, 820-010-0621

Proposed Repeals: 820-010-0260

Last Date for Comment: 9-10-13, Close of Hearing

Summary: OAR 820-001-0020 — Update the methods and process in which the public may request records. Language is more consistent with the Oregon Public Records Law (SB 554, 2007 Legislation).

   OAR 820-010-0010 — Adds language to define “Certificate Authority” and “Digital Certificate” used in OAR 820-010-0620.

   OAR 820-010-0227 — Decreases the fee for an initial FE examination application to $0.00.

   OAR 820-010-0228 — Decreases the fee for an initial FLS examination application to $0.00.

   OAR 820-010-0305 — Decreases the fees for an initial application and an application for reexamination to the FE and FLS examinations to $0.00.

   OAR 820-010-0442 — Housekeeping. Removes language regarding a process that is not statutorily required. However, the process does currently allow applicants one additional opportunity to submit any lacking documentation by a secondary deadline. If documents are not received, the application package will be incomplete and the application will be considered withdrawn.

   OAR 820-010-0620 — Clarifies the requirements of a digital signature.

   OAR 820-010-0621 — Changes the “will” to a “must”; the original intent of the Board.

   OAR 820-010-0260 — Repeal. The Board follows the requirements contained in ORS 183 and the Administrative Procedures Act (APA) with regard to providing notice and hearing rights.

Rules Coordinator: Mari Lopez

Address: Board of Examiners for Engineering and Land Surveying, 670 Hawthorne Ave. SE, Suite 220, Salem, OR 97301

Telephone: (503) 362-2666, ext. 26


Board of Pharmacy, Chapter 855

Rule Caption: Implements temporary revenue surplus reduction pursuant to ORS 291.055(3) for certain licensure fees.

Stat. Auth.: ORS 689.205, 475.095 & 291.055

Other Auth.: 2013 HB 5036

Stats. Implemented: ORS 689.135, 431.972 & 689.774

Proposed Amendments: 855-110-0005, 855-110-0007, 855-110-0010

Last Date for Comment: 8-30-13, 4:30 p.m.

Summary: These proposed rules implement revenue surplus reductions pursuant to ORS 291.055(3) for certain licensing fees as approved in the Board’s 2013-15 Legislatively Approved Budget. The following fees are included: Pharmacist, Reciprocity, County Health Clinics, Family Planning Clinics, Hospital Drug Rooms, Correctional Facilities, Prophylactic/Contraceptive Outlets, Retail and Institutional Drug Outlets, Home Dialysis Drug Outlets and all Controlled Substance registration fees. Copies of the full text of these rules can be obtained on the Board’s website at www.pharmacy.state.or.us, or by calling the Board office (971) 673-0001.

Rules Coordinator: Karen MacLean

Address: Board of Pharmacy, 800 NE Oregon St., # 150, Portland, OR 97232

Telephone: (971) 673-0001


Board of Psychologist Examiners, Chapter 858

Rule Caption: Repeals the applied psychology track to psychologist licensure.

Stat. Auth.: ORS 675.010–675.150

Stats. Implemented: ORS 675.030 & 675.110

Proposed Amendments: 858-010-0001, 858-010-0010, 858-010-0012, 858-010-0013, 858-010-0016, 858-010-0017, 858-010-0036

Proposed Repeals: 858-010-0011

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

Summary: The proposed amendment repeals the applied psychology educational requirements and all references to the “applied track” to licensure as a psychologist.

Rules Coordinator: LaReé Felton

Address: Board of Psychologist Examiners, 3218 Pringle Rd. SE, Suite 130, Salem, OR 97302

Telephone: (503) 373-1196


Rule Caption: Modifies definitions, application procedure, inactive status, and supervised work experience requirements.

Stat. Auth.: ORS 675.010–675.150

Stats. Implemented: ORS 675.030, 675.045, 675.070 & 675.110

Proposed Amendments: 858-010-0001, 858-010-0005, 858-010-0012, 858-010-0013, 858-010-0017, 858-010-0020, 858-010-0025, 858-010-0030, 858-010-0036, 858-010-0037, 858-010-0050, 858-010-0060, 858-010-0080, 858-020-0015, 858-020-0025, 858-020-0035, 858-020-0045, 858-020-0055, 858-020-0085, 858-020-0105, 858-030-0005

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

Summary: The proposed amendment reorganizes and adds general definitions; makes various clarifying language and grammar housekeeping changes; makes some clarifying changes to the supervised work experience requirements; creates a retention period of three years for a residency supervisor’s records and notes; adds a requirement that the residency supervisor notify the board within fourteen days of any significant interruption or expected termination of a resident supervision contract; modifies and adds definitions to the process for application review; updates the examination procedures; adds a clear definition of inactive status; specifies that a license will revert to inactive status if a licensee fails to pay the prorated reactivation fee in 30 days.

Rules Coordinator: LaReé Felton

Address: Board of Psychologist Examiners, 3218 Pringle Rd. SE, Suite 130, Salem, OR 97302

Telephone: (503) 373-1196


Department of Consumer and Business Services, Building Codes Division, Chapter 918

Rule Caption: Adopts 2014 Oregon Structural Specialty Code and clarifies scope and authority of state building code

Date:   Time:   Location:

8-20-13    9:30 a.m.   1535 Edgewater St. NW      Salem, OR 97304

Hearing Officer: Steven Judson

Stat. Auth.: ORS 447.020, 447.231, 447.247, 455.020, 455.030, 455.110, 455.447 & 479.730

Stats. Implemented: ORS 447.020, 447.247, 455.110, 455.112 & 479.730

Proposed Adoptions: Rules in 918-460

Proposed Amendments: Rules in 918-460, 918-008

Proposed Repeals: Rules in 918-460

Last Date for Comment: 8-23-13, 5 p.m.

Summary: The proposed rules adopt the 2012 edition of the International Building Code with Oregon amendments and shall be known as the 2014 Oregon Structural Specialty Code (OSSC). The proposed rules also update the amendments made to the 2010 OSSC by incorporating them into the 2014 OSSC. The proposed rules also establish a phase-in period that requires all municipal building inspection program to allow the choice of using the 2010 OSSC or the 2014 OSSC. Additionally, these rules clarify the scope and authority of the state building code.

Rules Coordinator: Richard J. Baumann

Address: Department of Consumer and Business Services, Building Codes Division, PO Box 14470, Salem, OR 97309-0404

Telephone: (503) 373-7559


Rule Caption: Adopts the 2014 Oregon Mechanical Specialty Code.

Date:   Time:   Location:

8-20-13    10 a.m.   1535 Edgewater Street NW      Salem, OR 97304

Hearing Officer: Mark Heizer

Stat. Auth.: ORS 455.020, 455.030 & 455.110

Stats. Implemented: ORS 455.110

Proposed Adoptions: Rules in 918-440

Proposed Amendments: Rules in 918-440

Proposed Repeals: Rules in 918-440

Last Date for Comment: 8-23-13, 5 p.m.

Summary: The proposed rules adopt the 2012 Editions of the International Mechanical Code and the International Fuel Gas Code with Oregon amendments and shall be known as the 2014 Oregon Mechanical Specialty Code (OMSC). The proposed rules also update the amendments made to the 2010 OMSC by incorporating them into the 2014 OMSC. The proposed rules also establish a phase-in period that requires all municipal building inspection program to allow the choice of using the 2010 OMSC or the 2014 OMSC.

Rules Coordinator: Richard J. Baumann

Address: Department of Consumer and Business Services, Building Codes Division, PO Box 14470, Salem, OR 97309-0404

Telephone: (503) 373-7559


Rule Caption: Adopts the 2014 Oregon Energy Efficiency Specialty Code

Date:   Time:   Location:

8-20-13    9 a.m.   1535 Edgewater Street NW      Salem, OR 97304

Hearing Officer: Mark Heizer

Stat. Auth.: ORS 455.020, 455.030, 455.110, 455.505 & 455.511

Stats. Implemented: ORS 455.110 & 455.511

Proposed Adoptions: Rules in 918-460

Proposed Amendments: Rules in 918-460

Proposed Repeals: Rules in 918-460

Last Date for Comment: 8-23-13, 5 p.m.

Summary: The proposed rules adopt the 2014 Edition of the Oregon Energy Efficiency Specialty Code (OEESC). The 2014 OEESC is based upon the 2010 OEESC with Oregon amendments. The proposed rules update the amendments made to the 2010 OEESC by incorporating them into the 2014 OEESC. The proposed rules also establish a phase-in period that requires all municipal building inspection programs to allow the choice of using the 2010 OEESC or the 2014 OEESC.

Rules Coordinator: Richard J. Baumann

Address: Department of Consumer and Business Services, Building Codes Division, PO Box 14470, Salem, OR 97309-0404

Telephone: (503) 373-7559


Department of Consumer and Business Services, Workers’ Compensation Board, Chapter 438

Rule Caption: Adopting OAR 438-011-0055, which requires “paying agency” to issue a “third party election” letter.

Date:   Time:   Location:

9-6-13    10 a.m.   2601 25th St. SE, Suite 150      Salem, OR 97302

Hearing Officer: Debra L. Young

Stat. Auth.: ORS 656.726(5)

Stats. Implemented: ORS 656.576, 656.578, 656.580, 656.583, 656.587, 656.591 & 656.593

Proposed Adoptions: 438-011-0055

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

Summary: The Board proposes to adopt OAR 438-011-0055 to require a carrier (“paying agency”) to serve a written demand (“third party election” letter) on the claimant/beneficiaries/legal representative (“the claimant”) if the paying agency intends to require the claimant to exercise the right of election in ORS 656.578 to recover damages from a noncomplying employer or third person (“third party”). See Section (1). The “paying agency” shall include with this “third party election” letter a separate enclosure prescribed by Board bulletin that explains the “third party election/assignment” process. See Section (2). If the claimant does not read or understand English, or is otherwise unable to understand written language, the paying agency shall provide this information in a language or other manner that ensures understanding. Id. Section (3) provides that the “third party election” letter must: (a) contain the information prescribed by ORS 656.583; and (b) include a statement that the claimant has been provided with the informational enclosure prescribed by Board bulletin in section (2).

Rules Coordinator: Karen Burton

Address: Department of Consumer and Business Services, Workers’ Compensation Board, 2601 25th St. SE, Suite 150, Salem, OR 97302

Telephone: (503) 934-0123


Department of Energy, Energy Facility Siting Council, Chapter 345

Rule Caption: Amend CO2 Emissions Standard and CO2 Offset Standard for Power Plants

Stat. Auth.: ORS 469.470 & 469.503

Stats. Implemented: ORS 469.501 & 469.503

Proposed Amendments: 345-024-0550, 345-024-0590

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

Summary: Carbon Dioxide Standard for Non-Base Load Power Plants

   Rule amendments are proposed to amend OAR 345-024-0590(5) Carbon Dioxide Standard for Non-Base Load Power Plants. The proposed amendments will restore language that was unintentionally removed by rule amendments that were adopted in May 2012.

   Rule amendments were initially proposed pursuant to a petition submitted by Portland General Electric (PGE) on July 22, 2009. The proposed rule amendments provided an alternate means of measuring “actual gross carbon dioxide emissions” every five years during the operation of a non-base load power plant. Those rule amendments allowed a certificate holder for a non-base load power plant to report actual carbon dioxide emissions consistent with any mandatory carbon dioxide emissions reported required by either the Oregon Department of Environmental Quality or the United States Environmental Protection Agency. After a rulemaking process, the Council adopted amendments to OAR 345-024-0590(5) on November 20, 2009. Those rule amendments remained in effect until May 2012 when the language was unintentionally removed with the new rule amendments that were adopted. The proposed amendments will restore the language that was unintentionally removed in May 2012.

   Carbon Dioxide Offset Standard for Power Plants

   Rule amendments are proposed to amend OAR 345-024-0550(2) standard for base load gas plants and OAR 345-024-0590(2) standard for non-base load power plants. The proposed rule amendments are needed in order to be consistent with new international standards. The United States Environmental Protection Agency is currently amending its rules to update the standards. The amount of greenhouse gas emissions means the pounds of carbon dioxide and the carbon dioxide equivalent of other greenhouse gases. The proposed standard would increase the standard for methane so that one pound of methane is equivalent to 25 pounds of carbon dioxide, and for nitrous oxide so that one pound of nitrous oxide is equivalent to 298 pounds of carbon dioxide.

Rules Coordinator: Lee Willeman

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

Telephone: (503) 373-0214


Department of Environmental Quality, Chapter 340

Rule Caption: Increase water quality permit fees to address program costs

Date:   Time:   Location:

8-20-13    6 p.m.   DEQ, 811 SW Sixth Ave.      Portland, OR 97204

Hearing Officer: DEQ staff

Stat. Auth.: ORS 454.625, 468.020 & 468.065

Stats. Implemented: ORS 454.745, 454.755, 468.065, 468B.035, 468B.050, 468B.051 & 468B.195

Proposed Amendments: 340-045-0075, 340-071-0140

Last Date for Comment: 8-23-13, 5 p.m.

Summary: DEQ proposes increasing most water quality permit fees by 2.9 percent.

   In 2002, DEQ convened the Blue Ribbon Committee on Wastewater Permitting to recommend improvements to DEQ’s water quality permit program. The committee included industry, environmental and local government representatives. In 2004, the committee published a report containing a variety of recommendations, including increasing fee revenue by no more than 3 percent each year to address increasing program costs. The annual fee increase recommendation was adopted into law in 2005. To address increasing program costs, DEQ implemented fee increases in 2007, 2008, 2010, 2011 and 2012 and proposes this 2013 permit fee increase of 2.9 percent.

Rules Coordinator: Maggie Vandehey

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

Telephone: (503) 229-6878


Rule Caption: Updates to Oregon SIP for Nitrogen Dioxide, Sulfur Dioxide and Lead Ambient Air Quality Standards

Date:   Time:   Location:

8-15-13    6 p.m.   DEQ Headquarters       Conference Rm. B      811 SW Sixth Ave.      Portland, OR 97204

Hearing Officer: DEQ staff

Stat. Auth.: ORS 468 & 468A

Stats. Implemented: ORS 468A

Proposed Amendments: 340-200-0020, 340-200-0040, 340-202-0070, 340-202-0100, 340-202-0130

Last Date for Comment: 8-19-13, 5 p.m.

Summary: The proposed rule amendments incorporate new and revised NAAQS for NO2, SO2 and Pbinto Oregon Administrative Rule and adopt significant air quality impact levels for NO2 and SO2 as necessary to meet Clean Air Act requirements and revise the Oregon SIP for approval by EPA. The proposal includes the following actions:

   Amend OAR 340-200-0040 to update the Oregon Clean Air Act State Implementation Plan. If adopted by the EQC, the actions proposed in this rulemaking will be incorporated into and made part of Oregon SIP.

   Amend OAR 340-200-0020 Table 1 to add 1-hour Significant Air Quality Impact Levels for NO2 and SO2.

   Amend OAR 340-202-0070 to incorporate the primary 1-hour National Ambient Air Quality Standard for sulfur dioxide, adopted by the EPA June 22, 2010 and effective on August 23, 2010.

   Amend OAR 340-202-0100 to incorporate the primary 1-hour National Ambient Air Quality Standard for nitrogen dioxide, adopted by the EPA February 9, 2010 and effective on April 12, 2010.

   Amend OAR 340-202-0130 to incorporate the primary and secondary National Ambient Air Quality Standard for lead, adopted by the EPA November 12, 2008 and effective on January 12, 2009.

Rules Coordinator: Maggie Vandehey

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

Telephone: (503) 229-6878


Rule Caption: Portland Area Transportation Control Measure

Date:   Time:   Location:

8-15-13    7 p.m.   DEQ Headquarters,       EQC Rm. A, Floor 10      811 SW Sixth Ave.      Portland, OR 97204

Hearing Officer: DEQ Staff

Stat. Auth.: ORS 468.020

Stats. Implemented: ORS 468A.035

Proposed Amendments: 340-200-0040

Last Date for Comment: 8-19-13, 5 p.m.

Summary: DEQ proposes to modify a “transportation control measure” that requires transit service in the Portland area to be expanded one percent per year. This proposal changes the transportation control measure to be assessed as a cumulative average over the life of the Portland area’s plan to improve air quality instead of a five-year rolling average. This change in the transit transportation control measure averaging approach is proposed as a revision to the State of Oregon Clean Air Act Implementation Plan, and will be submitted to the Environmental Protection Agency. Once adopted by the Environmental Quality Commission and with the concurrence of EPA and Metro the substitute transportation control measure becomes, by operation of law under 42 USC ¦ 7506(c)(8), part of the State Implementation Plan and will be federally enforceable. U.S. EPA will not conduct a separate public notice process. Anyone who wishes to comment on EPA’s concurrence with this action should do so during this comment period.

   Note: For the purpose of Oregon rulemaking this is an amendment of the State of Oregon Clean Air Act Implementation Plan. Once adopted, the substitute transportation control measure becomes, by operation of law, part of the State Implementation Plan and becomes federally enforceable. U.S. EPA will not conduct a separate public notice process. Anyone who wishes to comment on EPA’s concurrence with this action should do so during this comment period.

Rules Coordinator: Maggie Vandehey

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

Telephone: (503) 229-6878


Department of Human Services, Aging and People with Disabilities and Developmental Disabilities, Chapter 411

Rule Caption: Adult Foster Homes For Adults Who Are Older Or Physically Disabled

Date:   Time:   Location:

8-20-13    2 p.m.   500 Summer St. NE, Rm. 160      Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 410.070, 443.001, 443.004, 443.725, 443.730, 443.735, 443.738, 443.742, 443.760, 443.767, 443.775 & 443.790

Other Auth.: 42 CFR 455 & 489, ORS 124.050, 124.060, 124.075, 127.520, 181.537, 430.735, 443.004, 443.880 & 197.660–197.670

Stats. Implemented: ORS 443.001–443.004, 443.705–443.825, 443.875 & 443.991

Proposed Adoptions: 411-050-0662

Proposed Repeals: 411-050-0490

Proposed Ren. & Amends: 411-050-0401 to 411-050-0600, 411-050-0400 to 411-050-0602, 411-050-0405 to 411-050-0605, 411-050-0410 to 411-050-0610, 411-050-0435 to 411-050-0615, 411-050-0412 to 411-050-0620, 411-050-0440 to 411-050-0625, 411-050-0443 to 411-050-0630, 411-050-0408 to 411-050-0632, 411-050-0415 to 411-050-0635, 411-050-0420 to 411-050-0640, 411-050-0430 to 411-050-0642, 411-050-0444 to 411-050-0645, 411-050-0445 to 411-050-0650, 411-050-0447 to 411-050-0655, 411-050-0491 to 411-050-0660, 411-050-0455 to 411-050-0665, 411-050-0450 to 411-050-0670, 411-050-0460 to 411-050-0675, 411-050-0465 to 411-050-0680, 411-050-0487 to 411-050-0685, 411-050-0483 to 411-050-0686, 411-050-0480 to 411-050-0687, 411-050-0481 to 411-050-0688, 411-050-0485 to 411-050-0690

Last Date for Comment: 8-22-13, 5 p.m.

Summary: The Department of Human Services (Department) is proposing to update the rules in OAR chapter 411, division 050 governing the licensure of adult foster homes for adults who are older or physically disabled (APD/AFH).

   The proposed rules:

   -Make permanent the May 23, 2013 emergency rule changes to no longer accept new applications for relative adult foster homes and transition individuals receiving services in relative adult foster homes to Medicaid in-home services because payments for relative adult foster home services can’t be paid through the Medicaid system in the new State Plan option;

   -Comply with 42 CFR 455 and 489 by clarifying Medicaid Provider Enrollment Agreements and the circumstances for denial or termination of enrollment and the service requirements for residents who are or become eligible for Medicaid services, specifying that any providers may not be listed on the Office of Inspector General’s or General Services Administration’s Exclusion Lists, defining ownership interest and indirect ownership interest, updating house policies and procedures concerning Advance Directives to include any limitations to the implementation of Advance Directives on the basis of conscience, and clarifying Centers for Medicare and Medicaid Services (CMS) access to adult foster homes and facility and resident records;

   -Improve resident safety by including emergency preparedness planning, requiring carbon monoxide alarms, requiring an applicant to provide proof of CPR and First Aid certification as part of the initial application process, requiring substitute caregivers obtain CPR and First Aid certification within 30 days of employment, requiring medication administration training within the first year of licensure, and requiring that the bedroom for a licensee, resident manager, shift caregiver, and substitute caregiver be located in the home and have direct access to the residents through an interior hallway or common use room;

   -Improve safety for residents requiring mechanical ventilation by clarifying the application, qualifications, training, classification, capacity requirements, and the operational and facility standards for homes providing ventilator-assisted care including requiring that a home that was approved to provide ventilator-assisted care prior to August 1, 2013 install a functional whole-home sprinkler system no later than July 31, 2015;

   -Clarify the application, qualifications, training, construction, and facility and operational standards in limited license homes to improve safety for residents;

   -Expand the limited options of provisional licensing;

   -Comply with Oregon Fire Code requirements related to fire and life safety which improves resident and occupant safety by clarifying use of portable heaters, use of relocatable power taps, and storage of gas cylinders; and

   -Comply with the requirements outlined in Oregon Revised Statute 305.385.

   In addition, the Department is proposing to reorganize, clarify, and provide consistent language to reflect current practices, improve readability, and establish consistency with other Department rules. The proposed rules provide clarification on —

   -Qualification and training requirements for applicants, licensees, resident managers, substitute caregivers, back-up providers, and other caregivers including having a licensee provide orientation of the home prior to a caregiver providing services;

   -Financial information required by an applicant or licensee;

   -License renewal requirements;

   -Procedures for changing the classification or capacity of a home;

   -Information requested for room and board tenants;

   -Operational standards for a home including standards relating to staffing, the absence of a primary caregiver, foreclosure, house policies, and mandatory written notice of an involuntary move or transfer;

   -Home and safety standards including the visibility of a home’s address, non-municipal water testing, emergency exits, evacuation drills, and safety standards for bathrooms, bedrooms, and combustibles; and

   -Standards and practices for care and enrollment including contracts, Medicaid enrollment status, long-term care assessment, hospice services, medication availability, medication order reviews, psychoactive medication evaluations, storage of resident and non-resident medications, physical restraint assessment and documentation of restraint, and screening and information required for individuals admitted for day care.

Rules Coordinator: Christina Hartman

Address: Department of Human Services, Aging and People with Disabilities and Developmental Disabilities, 500 Summer St. NE, E-10, Salem, OR 97301-1074

Telephone: (503) 945-6398


Department of Human Services, Self-Sufficiency Programs, Chapter 461

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

Date:   Time:   Location:

8-21-13    9:30 a.m.   500 Summer St. NE, Rm. 257      Salem, OR

Hearing Officer: Annette Tesch

Stat. Auth.: ORS 409.050, 411.060, 411.070, 411.081, 411.095, 411.103, 411.116, 411.400, 411.404, 411.408, 411.660, 411.706, 411.710, 411.816, 411.837, 411.840, 411.892, 412.001, 412.006, 412.009, 412.014, 412.049, 412.124, 414.231 & 2011 OL 604

Other Auth.: 42 USC 602(a), 7 USC 2014, 42 CFR 435.910, 45 CFR 98, 7 CFR 273.9(d)(6)(iii), 7 CFR 273.5(b)(6) & 7 CFR 271.2

Stats. Implemented: ORS 409.010, 409.050, 409.610, 411.060, 411.070, 411.081, 411.087, 411.095, 411.103, 411.116, 411.117, 411.121, 411.122, 411.135, 411.400, 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, 411.837, 411.840, 411.892, 412.001, 412.006, 412.009, 412.014, 412.049, 412.069, 412.124, 414.025, 414.231, 414.826, 414.831, 414.839, 416.350 & 2011 OL 604

Proposed Amendments: 461-001-0000, 461-025-0310, 461-110-0370, 461-110-0430, 461-120-0210, 461-130-0310, 461-135-0010, 461-135-0405, 461-135-0407, 461-135-0570, 461-135-0920, 461-135-0930, 461-150-0060, 461-155-0190, 461-160-0010, 461-160-0420, 461-160-0430, 461-170-0011, 461-190-0211, 461-195-0501, 461-195-0541, 461-195-0601, 461-195-0621

Proposed Repeals: 461-110-0430(T), 461-120-0210(T), 461-135-0407(T), 461-135-0570(T), 461-160-0010(T), 461-190-0211(T), 461-195-0501(T), 461-195-0541(T), 461-195-0601(T), 461-195-0621(T)

Last Date for Comment: 8-23-13, 5 p.m.

Summary: OAR 461-001-0000 about definitions for Chapter 461 is being amended to clarify the definitions of “parent” and “spouse” for the SNAP program and the definition of “household members” and “family members” under the definition of domestic violence.

   OAR 461-025-0310 about hearing requests is being amended to clarify what constitutes good cause for a late hearing request, to clarify and correct the rule text about how late overpayment hearing requests are treated, and to place additional limits on when the Department may dismiss hearing requests that are less than 120 days late.

   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.

   OAR 461-110-0430 about filing groups is being amended to make permanent temporary rule changes adopted April 10, 2013 and further revise which individuals are considered part of the filing group to determine eligibility in the Refugee and Refugee Medical programs. These filing groups identify the group of individuals whose combined circumstances are considered in making an eligibility determination.

   OAR 461-120-0210 is being amended to make permanent a temporary rule change effective May 29, 2013 that added an exception to the requirement to provide or apply for a social security number for various medical programs (CCM, CEC, CEM, EXT, HKC, MAA, MAF, OHP, OSIPM, QMB and SAC) for individuals who do not have an SSN and may only be issued an SSN for a valid non-work reason.

   OAR 461-130-0310 about the participation classifications is being amended to allow SNAP clients in receipt of REF or TANF program benefits to be exempt from SNAP employment program (OFSET) participation requirements (and disqualification) without being required to be in JOBS or NAES. This rule is also being amended to add exemptions for individuals who are in at least one of the following Employment Department training programs: 1) The Trade Readjustment Allowance (TRA) program serving displaced workers under the Trade Act; 2) The Training Unemployment Insurance (TUI) program; 3) The Self-Employment Insurance (SEA) program; 4) The Apprenticeship Program (APT).

   OAR 461-135-0010 about assumed eligibility for medical programs is being amended to remove Refugee Medical (REFM) from the list of programs that have assumed eligibility. Assumed eligibility is a Medicaid term. REFM is not Medicaid. The relevant REFM eligibility policy will be covered instead in OAR 461-135-0930.

   OAR 461-135-0405 about clients in the Employment Related Day Care (ERDC) program receiving child care under a contract between a Head Start program and the Department is being amended to adjust the protected eligibility requirements. Under this amendment, protected eligibility is expanded to include caretakers who become self-employed or students who are continuing to actively seek employment during the hours the Head Start child care program is operating and are available to work during the operating hours of the Head Start provider. This amendment also extends protected eligibility to caretakers whose loss of employment meets good cause criteria. Under this amendment, protected eligibility for the child will not cover child care when the child no longer attends a Head Start provider.

   OAR 461-135-0407 about child care in the Employment Related Day Care (ERDC) program provided under a contract between an Oregon Program of Quality (OPQ) provider and the Department is being amended to make permanent a temporary rule adopted May 15, 2013 and adjust the protected eligibility requirements. Under this amendment, protected eligibility is expanded to include self-employed caretakers and caretakers who become students who are continuing to actively seek employment during the hours the OPQ contracted child care program is operating and are available to work during the operating hours of the OPQ provider. This amendment also extends protected eligibility to caretakers whose loss of employment meets good cause criteria. Under this amendment, protected eligibility for the child will not cover child care when the child no longer attends an OPQ provider. This amendment also clarifies that TANF clients do not make a co-payment when TANF covers their child care.

   OAR 461-135-0570 about eligible and ineligible students for the Supplemental Nutrition Assistance (SNAP) Program is being amended to make permanent a temporary rule amendment adopted May 1, 2013 modifying and clarifying the eligibility requirements to reduce staff workload and errors in applying the policy. Under the revised student eligibility criteria, students are not eligible on the basis that no work study positions are available. This amendment also clarifies student ineligibility when the student withdraws from classes or reduces credit hours to less than half time.

   OAR 461-135-0920 about refugees applying for SSI is being amended to limit references to the Refugee Medical program, which is not a cash program, remove references to OSIP because the OSIP payment ended in 2010, and remove reference to the interim assistance agreement for SSI applicants, which no longer exists. Under the amendment, Refugee program benefits will simply end when SSI begins.

   OAR 461-135-0930 about medical coverage for refugees in the Refugee Medical program is being amended to broaden the list of medical programs REFM must mirror in terms of medical benefits. This rule is also being amended to include policies previously in OAR 461-135-0010 under which some clients may continue receive medical coverage through REFM, even though they may lose medical coverage from other Oregon medical programs or due to moving from another state; and that once a client is determined eligible, the client will maintain that eligibility until the end of the first eight months in the U.S. even if the client becomes ineligible for REF due to income.

   OAR 461-150-0060 about prospective or retrospective eligibility and budgeting is being amended to clarify how the eligibility and budgeting policy applies to the Refugee Medical program.

   OAR 461-160-0010 about the use of resources in determining financial eligibility is being amended to make permanent temporary rule changes made on April 10, 2013 that removed the Refugee Medical (REFM) program from the programs listed countable resource limits. This rule is also being amended to remove the resource limit as an eligibility requirement for the MAA, MAF, SAC, and OHP-OPU medical programs as part of early implementation of federal changes that expand medical eligibility.

   OAR 461-170-0011 about changes that must reported is being amended as part of early implementation of federal changes in medical eligibility that eliminate the resource limit as an eligibility requirement for the MAA, MAF, and SAC programs. This rule is also being amended to revise what needs to be reported in the REF, SFPSS, and TANF programs.

   OAR 461-190-0211 about case plan activities and standards for support service payments for the Department’s Temporary Assistance for Needy Families Job Opportunity and Basic Skills (JOBS) program is being amended to make permanent a temporary rule change adopted July 1, 2013, modifying program restrictions implemented July 1, 2011 as a result of budget reductions from the 2011 legislative session. This amendment promotes local JOBS service delivery in a way that better responds to local service and client needs. The changes expand the JOBS contracted services array to add crisis intervention family stability activities. High School and GED services are no longer limited only to teen parents. Support services payments will be allowed for life skills, on-the-job training, adult basic education, and SSI application process. Support services child care will be available for two-parent families.

   OAR 461-195-0501 about definitions and categories of overpayments is being amended to make permanent temporary rule changes effective March 25, 2013 that remove its definition of trafficking (trading) for the SNAP program in conjunction with other rule changes that expand this definition based on federal law changes, and relocate the definition (to OAR 461-195-0601) to make it easier to locate.

   OAR 461-195-0541 about liability for overpayments is being amended to make permanent the temporary rule amendment of March 25, 2013 that clarified the policy for SNAP overpayment liability due to SNAP benefit trafficking, consistent with federal law. This amendment also supports implementation of additional federal SNAP trafficking definitions. Under this amendment, there is overpayment liability for the buying, selling, stealing or other exchange of SNAP benefits for cash or consideration other than eligible food; the exchange of firearms, ammunition, explosives or controlled substances for SNAP benefits; purchasing a product with SNAP benefits that has a container return deposit with the intent of obtaining cash by intentionally discarding the product and returning the container for the deposit return; purchasing a product with SNAP benefits with the intent of obtaining cash or consideration other than eligible food by intentionally reselling the product purchased with SNAP benefits; and intentionally purchasing products originally purchased with SNAP benefits in exchange for cash or consideration other than eligible food.

   OAR 461-195-0601 about Intentional Program Violation definitions is being amended to make permanent the temporary rule amendment of March 25, 2013, incorporating the expanded federal SNAP trafficking definitions that went into effect March 25, 2013. The current SNAP trafficking definition is moved from OAR 461-195-0501 to OAR 461-195-0601 to support intent of federal regulations by making the definition easier to locate. The amended SNAP trafficking definition now includes: the buying, selling, stealing or other exchange of SNAP benefits for cash or consideration other than eligible food either directly or indirectly, in complicity or collusion with others or acting alone; the exchange of firearms, ammunition, explosives, or controlled substances for SNAP benefits; the intentional disposing of product from containers with the intent to exchange the container solely for the cash refund; Intentionally reselling or exchanging food purchased with SNAP benefits for cash or other non-SNAP eligible items; and Intentionally purchasing products originally purchased with SNAP benefits in exchange for cash or consideration other than eligible food.

   OAR 461-195-0621 about Intentional Program Violation penalties and liability for overpayments is being amended to make permanent the March 25, 2013 temporary rule amendment implementing changes in federal law for the Supplemental Nutrition Assistance Program (SNAP), under which disqualifications from the Food Distribution Program on Indian Reservations (FDPIR) to continue in effect in Oregon. This rule is also being amended to clarify when an Intentional Program Violation is established against a person in the SNAP and TANF programs. This amendment also implements the expanded federal definition of SNAP trafficking in the context of what triggers a permanent disqualification.

   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 23, 2013 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 — Self-Sufficiency Programs, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The Department provides the same consideration to written comment as it does to any oral or written testimony provided at the public hearing.

Rules Coordinator: Annette Tesch

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

Telephone: (503) 945-6067


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

Date:   Time:   Location:

8-21-13    10:30 a.m.   500 Summer St. NE, Rm. 254      Salem, OR

Hearing Officer: Annette Tesch

Stat. Auth.: ORS 411.060, 411.070 & 411.706

Other Auth.: 42 USC Sec. 1396r-5(d)(3)

Stats. Implemented: ORS 411.060, 411.070 & 411.706

Proposed Amendments: 461-160-0620

Proposed Repeals: 461-160-0620(T)

Last Date for Comment: 8-23-13, 5 p.m.

Summary: OAR 461-160-0620, relating to the liability calculation for clients in the Oregon Supplemental Income Program Medical (OSIPM, assistance to seniors and people with disabilities) receiving long-term care services, is being amended to make permanent changes adopted by temporary rule on July 1, 2013. These changes reflect the annual federal increase to the minimum maintenance need standard and shelter standard that are used to calculate how much of the client’s income can be diverted to the community spouse. This rule is also being amended due to changes in Medicaid funding for community-based care. Some community-based care that was previously funded through Medicaid waivers will now be funded under the State Medicaid Plan. This amendment removes references to waivered care, and as appropriate, replaces the references with references to home and community-based care. Removing references to waivered care will allow the Department to provide community-based care services under Medicaid waivers or under the Medicaid State Plan, as appropriate, to reflect the change in funding.

   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 23, 2013 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 — Self-Sufficiency Programs, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The Department provides the same consideration to written comment as it does to any oral or written testimony provided at the public hearing.

Rules Coordinator: Annette Tesch

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

Telephone: (503) 945-6067


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

Date:   Time:   Location:

8-21-13    10:30 a.m.   500 Summer St. NE, Rm. 254      Salem, OR

Hearing Officer: Annette Tesch

Stat. Auth.: ORS 93.268, 409.050, 410.070, 410.075, 411.060, 411.070, 411.095, 411.101, 411.404, 411.408, 411.660, 411.700, 411.704, 411.706, 411.816, 411.892, 412.014, 412.049, 412.124, 414.042, 414.231, 416.340, 416.350

Stats. Implemented: ORS 93.268, 409.010, 410.070, 410.075, 411.010, 411.060, 411.070, 411.083, 411.095, 411.099, 411.101, 411.103, 411.111, 411.117, 411.404, 411.408, 411.620, 411.630, 411.635, 411.640, 411.660, 411.690, 411.694, 411.700, 411.704, 411.706, 411.708, 411.795, 411.816, 411.892, 412.001, 412.009, 412.014, 412.049, 412.069, 412.124, 414.025, 414.042, 414.231, 414.826, 414.831, 414.839, 416.310, 416.340, 416.350, 2011 OL Ch. 212 Sec. 2 & 2011 OL Ch. 720 Sec. 224

Proposed Amendments: 461-001-0030, 461-025-0310, 461-025-0315, 461-110-0210, 461-135-0726, 461-135-0750, 461-135-0832, 461-135-0835, 461-140-0296, 461-145-0540, 461-145-0580, 461-155-0020, 461-155-0270, 461-155-0530, 461-155-0575, 461-155-0580, 461-155-0630, 461-155-0640, 461-155-0660, 461-160-0055, 461-160-0540, 461-160-0550, 461-160-0551, 461-160-0610, 461-165-0100, 461-175-0230, 461-180-0044, 461-185-0050, 461-195-0521

Proposed Repeals: 461-001-0030(T), 461-025-0310(T), 461-025-0315(T), 461-110-0210(T), 461-135-0726(T), 461-135-0750(T), 461-135-0832(T), 461-135-0835(T), 461-140-0296(T), 461-145-0540(T), 461-145-0580(T), 461-155-0020(T), 461-155-0270(T), 461-155-0530(T), 461-155-0575(T), 461-155-0580(T), 461-155-0630(T), 461-155-0640(T), 461-155-0660(T), 461-160-0055(T), 461-160-0540(T), 461-160-0550(T), 461-160-0551(T), 461-160-0610(T), 461-165-0100(T), 461-175-0230(T), 461-180-0044(T), 461-185-0050(T), 461-195-0521(T)

Last Date for Comment: 8-23-13, 5 p.m.

Summary: OAR 461-001-0030, 461-025-0310, 461-025-0315, 461-110-0210, 461-135-0726, 461-135-0750, 461-135-0832, 461-135-0835, 461-140-0296, 461-145-0540, 461-145-0580, 461-155-0020, 461-155-0270, 461-155-0530, 461-155-0575, 461-155-0580, 461-155-0630, 461-155-0640, 461-155-0660, 461-160-0055, 461-160-0540, 461-160-0550, 461-160-0551, 461-160-0610, 461-165-0100, 461-175-0230, 461-180-0044, 461-185-0050, and 461-195-0521 are being amended to make permanent temporary rule changes effective July 1, 2013 as a result of a change in Medicaid funding for community-based care. Some community-based care that was previously funded through Medicaid waivers will now be funded under the State Medicaid Plan. These amendments remove references to waivered care as appropriate, and as appropriate, replace the references with references to home and community-based care. Other clarifying changes are also being made. Removing references to waivered care will allow the Department to provide community-based care services under Medicaid waivers or under the Medicaid State Plan, as appropriate, to reflect the change in funding. OAR 461-155-0575 about in-home supplementation in the Oregon Supplemental Income Program Medical (OSIPM) is also being amended to reduce the in-home monthly supplemental payment authorized from $30 to $15. OAR 461-165-0100 is also being amended to remove obsolete references concerning medical cards and special needs cases.

   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 23, 2013, 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 — Self-Sufficiency Programs, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The Department provides the same consideration to written comment as it does to any oral or written testimony provided at the public hearing.

Rules Coordinator: Annette Tesch

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

Telephone: (503) 945-6067


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

Date:   Time:   Location:

8-21-13    9:30 a.m.   500 Summer St. NE, Rm. 257      Salem, OR

Hearing Officer: Annette Tesch

Stat. Auth.: ORS 409.050, 411.060, 411.070, 411.400, 411.404, 411.706, 411.816, 412.014, 412.049 & 414.231

Stats. Implemented: ORS 409.050, 411.060, 411.070, 411.117, 411.400, 411.404, 411.816 & 412.049

Proposed Amendments: 461-110-0340, 461-125-0010, 461-125-0030, 461-125-0050, 461-125-0060, 461-125-0090, 461-125-0110, 461-125-0120, 461-125-0130, 461-125-0170, 461-125-0230, 461-125-0250, 461-135-1100, 461-135-1101, 461-140-0210, 461-140-0300, 461-160-0015

Proposed Repeals: 461-135-1100(T), 461-135-1101(T)

Last Date for Comment: 8-23-13, 5 p.m.

Summary: OAR 461-110-0340, 461-125-0010, 461-125-0030, 461-125-0050, 461-125-0060, 461-125-0090, 461-125-0110, 461-125-0120, 461-125-0130, 461-125-0170, 461-125-0230, and 461-125-0250 are being amended to revise medical eligibility policies so that deprivation will no longer be an eligibility requirement for the MAA (Medical Assistance Assumed) and MAF (Medical Assistance to Families) programs. These rules are also being amended to add and clarify cross references to defined terms for the TANF program.

   OAR 461-135-1100 about Oregon Health Plan (OHP) eligibility requirements and OAR 461-135-1101 about Healthy KidsConnect (HKC) eligibility requirements are being amended to make permanent temporary rule changes adopted July 1, 2013 that identify the standards by which private major medical health insurance (or Third Party Liability — TPL) may be considered inaccessible and thus does not preclude eligibility for OHP-OPU, OHP-CHP, and Healthy KidsConnect (HKC) programs. OAR 461-135-1100 is also being amended to remove the resource limit as an eligibility requirement for the OHP-OPU medical program as part of early implementation of federal changes that expand medical eligibility.

   OAR 461-140-0210, 461-140-0300, and 461-160-0015 are being amended to remove the resource limit as an eligibility requirement for the MAA, MAF, SAC, and OHP-OPU medical programs as part of early implementation of federal changes that expand medical eligibility.

   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 23, 2013 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 — Self-Sufficiency Programs, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The Department provides the same consideration to written comment as it does to any oral or written testimony provided at the public hearing.

Rules Coordinator: Annette Tesch

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

Telephone: (503) 945-6067


Department of Transportation, Driver and Motor Vehicle Services Division, Chapter 735

Rule Caption: Bulk Records for Crash Reports and Implied Consent Reports No Longer Available

Stat. Auth.: ORS 184.616, 184.619, 802.010, 802.179, 802.183, 802.200, 802.220 & 802.230

Stats. Implemented: ORS 746.265, 802.179, 802.200, 802.220, 802.230 & 825.412

Proposed Amendments: 735-010-0030

Last Date for Comment: 8-21-13, Close of Business

Summary: The Driver and Motor Vehicle Services Division of the Oregon Department of Transportation (DMV) is discontinuing the bulk sale of Implied Consent Combined Reports and Oregon Police Traffic Crash Reports. This action is being taken as a result of the U.S. Supreme Court decision in Maracich v. Spears, 570 U.S. ___, 133 S. Ct. 2191 (2013). The Supreme Court ruling states that solicitation of clients is not a use of personal information that is authorized by the “investigation in anticipation of litigation” exception to the Federal Driver Privacy Protection Act (DPPA) prohibition on use of personal information from motor vehicle records. Oregon statutes that implement this DPPA exception use the same language that was interpreted by the Supreme Court. Based on this ruling, DMV is no longer providing bulk sales of Implied Consent Combined Reports and Oregon Police Traffic Crash Reports under the exception in ORS 802.177(4)(a).

   The only reference in administrative rule that DMV has regarding these bulk sales is in OAR 735-010-0030(6). DMV proposes to amend OAR 735-010-0030(6) to remove that reference. DMV is also deleting section (12)(b) of this rule because driver record lists are no longer provided on paper or magnetic tape.

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

Rules Coordinator: Lauri Kunze

Address: Department of Transportation, Driver and Motor Vehicle Services Division, 355 Capitol St. NE, MS 51, Salem, OR 97301

Telephone: (503) 986-3171


Rule Caption: Mandatory Reporting Requirements of Medically At-Risk Drivers and ID Card Availability When Voluntarily Quits Driving

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.040, 807.050, 807.400, 807.710 & 809.419

Stats. Implemented: ORS 802.010(1)(c), 807.021, 807.022, 807.400, 807.710 & 809.419

Proposed Amendments: 735-062-0010, 735-062-0135, 735-074-0080, 735-074-0090

Last Date for Comment: 8-21-13, Close of Business

Summary: Oregon Laws 2011, Chapter 295, section 1 (HB 3185), created a work group in the Department of Transportation to evaluate the department’s At-Risk Driver Program and consider different assessment tools and options for enhancing the program. This work group included experts in geriatrics, general medicine, driving assessment, research practices, and law enforcement, as well as an advocate for senior citizens.

   In assessing the current At-Risk Driver Program the work group made recommendations to amend the current rules as follows:

   * Modify the definition of “uncontrollable” to include the term “persistent.”

   * Expand mandatory reporting to include medical professionals who provide specialist evaluations or health care services that result from a referral by another physician or health care provider.

   * Specify that reporting is not required if a patient is incapacitated and not expected to regain the ability to drive.

   The proposed amendments of OAR 735-074-0080 and 735-074-0090 make the changes recommended by the work group.

   The work group also recommended that DMV rules and forms related to surrender of driving privileges be amended. ORS 807.400 authorizes DMV to issue a no fee identification card if a person acknowledges he or she is no longer competent to drive. The work group determined that this language has a negative connotation for persons retiring their driving privileges, and recommended that DMV rules and forms use the words “no longer able to drive safely” which is consistent with ORS 807.060. DMV proposes to amend OAR 735-062-0010(7)(a) and 735-062-0135(4) to replace the words “no longer competent to drive” with the words “no longer able to drive safely.”

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

Rules Coordinator: Lauri Kunze

Address: Department of Transportation, Driver and Motor Vehicle Services Division, 355 Capitol St. NE, MS 51, Salem, OR 97301

Telephone: (503) 986-3171


Rule Caption: Waiver of Drive Test When Applicant Has Completed an Approved Driver Education Program

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.070, 807.072, 807.080, 807.170 & 807.175

Stats. Implemented: ORS 807.070, 807.072, 807.080, 807.170 & 807.175

Proposed Amendments: 735-062-0080, 735-062-0140

Last Date for Comment: 8-21-13, Close of Business

Summary: The Oregon Department of Transportation, Transportation Safety Division (TSD), oversees driver education in Oregon. TSD has built a very robust driver education program, where the instructors must complete many hours of specialized training and the curriculum used by all providers is consistent and uses best practices to successfully teach safe driving behaviors. All TSD-approved driver education programs require students to pass a drive test to successfully complete the course. TSD is working to standardize the drive test procedures used by all providers. During this standardization process, DMV will coordinate with TSD to make certain that the drive test meets or exceeds the requirements of a Class C drive test conducted by DMV.

   ORS 807.072 (1)(a) authorizes DMV, by administrative rule, to waive any test establishing qualification for a driver license where the person can provide satisfactory proof that they have passed an equivalent test that is given in conjunction with a traffic safety education course certified by the Department under ORS 802.345. DMV proposes to amend OAR 735-062-0080 to state that DMV will waive the drive test portion of DMV testing for any person who provides a Driver Education Certificate of Completion card issued by a TSD-approved traffic safety education course provider, if the drive test that the person passed to successfully complete the course meets or exceeds DMV’s Class C drive test. DMV also proposes to amend OAR 735-062-0140 to establish the specific proof of completion of a traffic safety education course that DMV will accept.

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

Rules Coordinator: Lauri Kunze

Address: Department of Transportation, Driver and Motor Vehicle Services Division, 355 Capitol St. NE, MS 51, Salem, OR 97301

Telephone: (503) 986-3171


Rule Caption: Witness Information, Requests for Admissions, and Written Interrogatories in Implied Consent Hearings

Stat. Auth.: ORS 183.341, 184.616, 184.619, 802.010, 813.410 & 813.440

Other Auth.: OAR 137-003-0566(2)

Stats. Implemented: ORS 813.410 & 813.440

Proposed Adoptions: 735-090-0066

Last Date for Comment: 8-21-13, Close of Business

Summary: Most contested case hearings for implied consent cases are conducted under extremely tight timelines in accordance with ORS 813.410, with the hearing held and the final order issued within 30 days of arrest. This tight timeframe leaves little to no extra time for DMV and the Office of Administrative Hearings (OAH) to engage in the discovery methods described under OAR 137-003-0566. There are limited exceptions to the statutory timelines set forth in ORS 813.440, which do not include requests for discovery. Approximately 250 implied consent hearings are conducted each month. The relevant documents are provided to the petitioner as discovery prior to the hearing, namely the police report described in ORS 813.120, which includes the name and telephone number of the reporting officer who will testify at hearing, and other documents DMV intends to offer as exhibits. Recently, the Department of Justice adopted new model rules for discovery methods in contested cases. Under OAR 137-003-0566(2) an agency may determine that certain forms of discovery are not allowed in a category of cases when the agency meets certain conditions. DMV finds that the discovery methods listed in OAR 137-003-0566(1)(a), (d), and (e) (the names, telephone numbers, and addresses of witnesses expected to testify at the hearing, requests for admissions, and written interrogatories respectively) would unduly complicate and interfere with the hearing processes in implied consent cases due to the volume of cases and need for speed and informality in these cases. The current alternative procedures for sharing relevant information, including those established in Oregon Administrative Rule, Chapter 735, Division 90, are sufficient to ensure fundamental fairness in implied consent contested case hearings. In addition, the names of the possible witnesses that will testify on the agency’s behalf are already included in the documents DMV provides to a petitioner prior to hearing. Therefore DMV proposes to adopt OAR 735-090-0066 to establish that witness information, requests for admissions, and written interrogatories do not apply to and may not be used as discovery methods in implied consent contested case hearings.

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

Rules Coordinator: Lauri Kunze

Address: Department of Transportation, Driver and Motor Vehicle Services Division, 355 Capitol St. NE, MS 51, Salem, OR 97301

Telephone: (503) 986-3171


Rule Caption: Commercial Drive School Certificate and Instructor Certificate Requirements

Stat. Auth.: ORS 184.616, 184.619, 802.010, 822.505, 822.510, 822.515, 822.525 & 822.530

Stats. Implemented: ORS 822.500, 822.510, 822.515, 822.525 & 822.530

Proposed Amendments: 735-160-0003, 735-160-0005, 735-160-0010, 735-160-0011, 735-160-0015, 735-160-0020, 735-160-0035, 735-160-0075, 735-160-0080, 735-160-0095, 735-160-0100, 735-160-0115, 735-160-0125, 735-160-0130

Last Date for Comment: 8-21-13, Close of Business

Summary: The rules in OAR Chapter 735, Division 160 outline the requirements for a Commercial Driver Training School Certificate and a Driver Training Instructor Certificate. DMV issues these certificates and also performs on-site audits of the drive school, their records and instruction. In performing these function and reviewing these rules, DMV determined that a few minor changes should be made to improve both the rules and the program. Many changes are simply for clarity and consistency. Substantive changes include the following:

   * Exempting a business from obtaining a Commercial Driver Training School Certificate if it only provides off-road instruction in vehicles with equipment which simulate hazardous driving conditions to persons holding valid driver licenses.

   * Updating offenses that disqualify an applicant as an Operator or Instructor to include involuntary servitude and trafficking in persons.

   * Requiring a person who conducts behind-the-wheel training to have had a driver license for a minimum of five years;

   * Requiring an applicant for an instructor certificate to disclose prior certification(s) in another state on the application;

   * Requiring an applicant for an instructor certificate to provide an explanation or evidence if he or she self-reports a medical condition or the person is in the DMV medically at-risk program. DMV will review information provided by the applicant and determine if the person qualifies to be an Instructor, notwithstanding the medical or physical condition.

   * Modifying the sanctions to make them more consistent and appropriate for the violation.

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

Rules Coordinator: Lauri Kunze

Address: Department of Transportation, Driver and Motor Vehicle Services Division, 355 Capitol St. NE, MS 51, Salem, OR 97301

Telephone: (503) 986-3171


Department of Transportation, Highway Division, Chapter 734

Rule Caption: Map-21 Special Permit During Periods of National Emergency

Stat. Auth.: ORS 184.616, 184.619 & 823.011

Other Auth.: 42 U.S.C. 5121 et seq. & 23 U.S.C. 127 — Sec. 127; Vehicle weight limitations - Interstate System

Stats. Implemented: ORS 818.200, 818.210, 818.220 & 818.225

Proposed Adoptions: 734-082-0085

Last Date for Comment: 8-21-13, Close of Business

Summary: MAP-21, the Moving Ahead for Progress in the 21st Century Act (P.L. 112-141), was signed into law by President Obama on July 6, 2012. Funding surface transportation programs at over $105 billion for fiscal years (FY) 2013 and 2014, MAP-21 is the first long-term highway authorization enacted since 2005.

   Section 127 of title 23, U.S.C., establishes weight limitations for vehicles operating on the Interstate System. Section 127 states that the overall gross weight may not exceed 80,000 lbs., including all enforcement tolerances, except for those vehicles and loads which cannot be easily dismantled or divided and which have been issued Special Permits in accordance with applicable State laws. This language establishes the States’ authority to issue Special Permits to “non-divisible” loads. Examples of non-divisible loads include: bulldozers, large generators, scrapers, and modular homes.

   Section 1511 of MAP-21 extends the States’ authority to issue Special Permits to vehicles with divisible loads that are delivering relief supplies during a Presidentially-declared emergency or major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (“Stafford Act”) (42 U.S.C. 5121 et seq.). The proposed rule adoption is necessary to ensure Oregon is in compliance with the federal regulations.

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

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171


Higher Education Coordinating Commission, Chapter 715

Rule Caption: Rules delegating duties, and powers of the Higher Education Coordinating Commission relative to degree authorization

Date:   Time:   Location:

8-19-13    2 p.m.   775 Court St. NE      Salem, OR 97301

Hearing Officer: Seth Allen

Stat. Auth.: Enrolled SB 242

Stats. Implemented:

Proposed Adoptions: 715-010-0000, 715-010-0015, 715-010-0025

Last Date for Comment: 8-19-13, Close of Business

Summary: Temporary rules (715-010-0005, 715-010-0010 and 715-010-0020) were passed by the Higher Education Coordinating Commission and have expired. These rules regard the delegation of duties, functions, and powers of the Higher Education Coordinating Commission relative to the Office of Degree Authorization. The Office needs to provide the functions described in temporary rules and the Higher Education Coordinating Commission is seeking to make the rules permanent.

Rules Coordinator: Seth Allen

Address: Higher Education Coordinating Commission, 155 Cottage St. NE, Salem, OR 97310

Telephone: (503) 378-8213


Land Conservation and Development Department, Chapter 660

Rule Caption: Electronic submittal of proposed and adopted changes to comprehensive land use plans.

Date:   Time:   Location:

9-26-13    8 a.m.   635 Capitol St. NE      Basement Hearing Rm.      Salem, OR 97301

Hearing Officer: LCDC

Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 197.610–197.625

Proposed Amendments: Rules in 660-018

Last Date for Comment: 9-26-13, Close of Hearing

Summary: These rules implement the statutes that direct local government notification to the Department of Land Conservation and Development of proposed and adopted changes to comprehensive land use plans and land use regulations. The rules currently require hard-copy notification (that is, that notices be provided on paper); the proposed rule amendments will allow local governments to submit these notices electronically, such as via e-mail, without providing paper copies.

Rules Coordinator: Casaria Taylor

Address: Land Conservation and Development Department, 635 Capitol St. NE, Suite 150, Salem, OR 97301

Telephone: (503) 373-0050, ext. 322


Oregon Business Development Department, Chapter 123

Rule Caption: These rules relate to the programs within the Office Minority Women and Emerging Small Business.

Stat. Auth.: ORS 200.055

Stats. Implemented: ORS 200.055, 200.170 & 279.011

Proposed Adoptions: 123-200-1400, 123-200-1500, 123-200-1600, 123-200-1700, 123-200-1800, 123-200-1900

Proposed Amendments: 123-200

Proposed Repeals: 123-200-0030, 123-200-0050, 123-200-0060, 123-200-0070, 123-200-0080, 123-200-0100, 123-200-0120, 123-200-0130, 123-200-0140, 123-200-0150, 123-200-0160, 123-200-0170, 123-200-0200

Proposed Ren. & Amends: 123-200-0005 to 123-200-1000, 123-200-0010 to 123-200-1100, 123-200-0020 to 123-200-1200, 123-200-0040 to 123-200-1300, 123-200-0090 to 123-200-2000, 123-200-0180 to 123-200-2100, 123-200-0190 to 123-200-2200

Last Date for Comment: 8-23-13, Close of Business

Summary: The certification procedures for Minority Business Enterprises, Women Business Enterprises and Emerging Small Business have been separated into their prospective procedures. Definitions have been amended. The entire division has been renumbered beginning at 123-200-1000.

Rules Coordinator: Mindee Sublette

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

Telephone: (503) 986-0036


Oregon Facilities Authority, Chapter 172

Rule Caption: Amendment of OAR 172-005-0020(3) addressing the Consideration of Application by the Authority

Date:   Time:   Location:

9-10-13    2 p.m.   888 SW Fifth Ave., Suite 1600      Portland, OR

Hearing Officer: Gwendolyn Griffith

Stat. Auth.: ORS 289.125(1) & 289.240(2)

Stats. Implemented: ORS 289.005, 289.010, 289.125, 289.200, 289.240(2)

Proposed Amendments: 172-005-0020

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

Summary: Oregon Facilities Authority (Authority) is amending OAR 172-005-0020(3), Consideration of Application by the Authority. The amendment to OAR 172-005-0020(3) clarifies the approval process by the Authority. It changes the approval process so that the approval resolution is in the form recommended, not provided, by the Authority’s bond counsel. Additionally, it adds that the recommended resolution may include additional or different provisions as the Authority deems necessary or appropriate. Lastly, the approval resolution which requires execution and delivery by the participating institution of a preliminary agreement regarding the requested financing substantially in the form which is attached to the resolution as an exhibit may include such additional or different provisions as the Authority deems necessary or appropriate.

Rules Coordinator: Gwendolyn Griffith

Address: Oregon Facilities Authority, 888 SW 5th Ave., Suite 1600, Portland, OR 97204

Telephone: (503) 802-5710


Rule Caption: Adoption of OAR 172-005-0045 addressing Post-Issuance Compliance.

Date:   Time:   Location:

9-10-13    2 p.m.   888 SW Fifth Ave., Suite 1600      Portland, OR 97204

Hearing Officer: Gwendolyn Griffith

Stat. Auth.: ORS 289.125(1) & 289.240(2)

Stats. Implemented: ORS 289.005, 289.010, 289.125, 289.200 & 289.240(2)

Proposed Adoptions: 172-005-0045

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

Summary: Oregon Facilities Authority is proposing to adopt OAR 172-005-0045, under Division 5, Evaluating and Approving Projects Which Qualify for Tax-exempt Financing. OAR 172-005-0045 addresses post-issuance compliance procedures with participating institutions to ensure compliance with federal tax, federal and state securities, and other applicable laws and regulations. OAR 172-005-0045 establishes that participating institutions are required to provide the following at the time of issuance of bonds: 1) a copy of post-issuance compliance procedures duly adopted that establish appropriate internal procedures to ensure compliance, 2) a copy of any modification or amendment of such procedures, and 3) a copy of evidence of due adoption and approval of such procedures. OAR 172-005-0045 also requires participating institutions to designate the person(s) with primary responsibility for compliance.

Rules Coordinator: Gwendolyn Griffith

Address: Oregon Facilities Authority, 888 SW 5th Ave., Suite 1600, Portland, OR 97204

Telephone: (503) 802-5710


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

Rule Caption: Revise Health Care-Acquired Conditions policy to include Critical Access Hospitals

Date:   Time:   Location:

8-16-13    10:30 a.m.   500 Summer St. NE, Rm. 137C      Salem, OR 97301

Hearing Officer: Cheryl Peters, dmap.rules@state.or.us

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 414.065

Proposed Amendments: 410-125-0450

Last Date for Comment: 8-19-13, 5 p.m.

Summary: OAR 410-125-0450 revises the Health Care-Acquired Conditions policy to include Critical Access Hospitals for reporting the present on admission indicator on inpatient hospital claims.

Rules Coordinator: Cheryl Peters

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

Telephone: (503) 945-6527


Rule Caption: Add Coordinated Care Organization language (CCO) for dental integration

Date:   Time:   Location:

8-16-13    10:30 a.m.   500 Summer St. NE, Room 137C      Salem, OR 97301

Hearing Officer: Cheryl Peters, dmap.rules@state.or.us

Stat. Auth.: ORS 413.042, 414.065, 414.071, 414.651 & 414.707

Stats. Implemented: ORS 414.065, 414.651 & 414.707

Proposed Amendments: 410-123-1160, 410-123-1260, 410-123-1490, 410-123-1600

Last Date for Comment: 8-19-13, 5 p.m.

Summary: The Division needs to permanently amend these rules to incorporate necessary language related to dental services under the responsibility of Coordinated Care Organizations (CCO). Minor changes have been made for clarity of rule language.

Rules Coordinator: Cheryl Peters

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

Telephone: (503) 945-6527


Rule Caption: Add Dental Care Organization language (DCO) language for dental integration into CCO’s

Date:   Time:   Location:

8-16-13    10:30 a.m.   500 Summer St. NE, Rm. 137C      Salem, OR 97301

Hearing Officer: Cheryl Peters, dmap.rules@state.or.us

Stat. Auth.: ORS 414.032, 414.615, 414.625, 414.635 & 414.651

Stats. Implemented: ORS 414.610–414.685

Proposed Amendments: 410-141-3060, 410-141-3080, 410-141-3220, 410-141-3420

Last Date for Comment: 8-19-13, 5 p.m.

Summary: The Division needs to amend these rules to incorporate language related to dental services being integrated into the Coordinated Care Organizations (CCO). Changes have been made for clarity of rule language; the addition of effective dates, behavioral health and Dental Care Organization.

Rules Coordinator: Cheryl Peters

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

Telephone: (503) 945-6527


Rule Caption: The Authority proposes to amend rules to be consistent with 42 CFR 438.408

Date:   Time:   Location:

8-16-13    10:30 a.m.   500 Summer St. NE, Rm. 137C      Salem, OR 97301

Hearing Officer: Cheryl Peters, dmap.rules@state.or.us

Stat. Auth.: ORS 413.042 & 414-065

Stats. Implemented: ORS 414.065

Proposed Amendments: 410-141-0262, 410-141-3262

Last Date for Comment: 8-19-13, 5 p.m.

Summary: Division 141, Oregon Health Plan rules govern policies and requirements for the Coordinated Care Organizations (CCO) under Oregon’s Integrated and Coordinated Health Care Delivery System. The Authority proposes to amend rules to be consistent with 42 CFR 438.408.

Rules Coordinator: Cheryl Peters

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

Telephone: (503) 945-6527


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

Date:   Time:   Location:

8-16-13    10 a.m.   500 Summer St. NE, Rm. 137C      Salem, OR 97301,

Hearing Officer: Cheryl Peters, dmap.rules@state.or.us

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 413.042 & 414.065

Proposed Amendments: 410-120-0006

Last Date for Comment: 8-19-13, 5 p.m.

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

Rules Coordinator: Cheryl Peters

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

 

Telephone: (503) 945-6527

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

Rule Caption: Adoption of administrative rules governing the Medicaid Primary Care Provider Loan Repayment Program

Date:   Time:   Location:

8-19-13    2 p.m.   General Services Bldg.       Mt. Mazama Rm.      1225 Ferry St. SE      Salem, OR 97301

Hearing Officer: Zarie Haverkate

Stat. Auth.: 2013 OL Ch. 177

Stats. Implemented: 2013 OL Ch. 177

Proposed Adoptions: 409-037-0000, 409-037-0010, 409-037-0020, 409-037-0030, 409-037-0040, 409-037-0050, 409-037-0060, 409-037-0070, 409-037-0080

Last Date for Comment: 8-21-13, 5 p.m.

Summary: These rules establish standards for the implementation of the new Medicaid Primary Care Loan Repayment Program as mandated by the 2013 Legislature, Senate Bill 440. The Program provides loan repayment supports to primary care providers who commit to serving Medicaid patients in underserved areas of the State. The Program supports the Affordable Care Act and Oregon’s health system transformation efforts to ensure an adequate supply of primary care providers.

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: Adoption of Administrative Standards for Health Professional Student Clinical Training

Date:   Time:   Location:

8-19-13    1 p.m.   General Services Bldg.       Mt. Mazama Rm.      1225 Ferry St SE      Salem, OR 97301

Hearing Officer: Zarie Haverkate

Stat. Auth.: ORS 413.435

Stats. Implemented: ORS 413.435

Proposed Adoptions: 409-030-0100, 409-030-0110, 409-030-0120, 409-030-0130, 409-030-0140, 409-030-0150, 409-030-0160, 409-030-0170, 409-030-0180, 409-030-0190, 409-030-0200, 409-030-0210, 409-030-0220, 409-030-0230, 409-030-0240, 409-030-0250

Last Date for Comment: 8-21-13, 5 p.m.

Summary: These rules establish standards for administrative requirements for health professional student placements in clinical training settings within the state of Oregon. The intended purpose of the standards is to mitigate inconsistencies that currently exist across clinical placements; promote efficient solutions to reduce costs for students, schools, and clinical placement sites; and to ensure patient, clinical staff and student safety. These standards pertain to credentials that applicable students must obtain and requirements that clinical placement sites can set.

Rules Coordinator: Zarie Haverkate

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

Telephone: (503) 373-1574


Oregon Health Authority, Oregon Educators Benefit Board, Chapter 111

Rule Caption: Removing development of benefit plans from rule and updating new plans and plan requirements

Date:   Time:   Location:

8-19-13    10 a.m.   1225 Ferry St. SE,       OEBB Boardroom      Salem, OR 97301

Hearing Officer: OEBB Staff

Stat. Auth.: ORS 243.860–243.886

Stats. Implemented: ORS 243.864(1)(a)

Proposed Amendments: 111-030-0010, 111-030-0046

Proposed Repeals: 111-030-0001, 111-030-0005, 111-030-0020, 111-030-0025

Last Date for Comment: 8-31-13, Close of Business

Summary: Removing development of benefit plans from rule, as this language applied to the OEBB benefit program when the program was in development. Benefit plan selection no longer applies since the Board made the decision to no longer restrict plans. Amendments made to plan selection criteria and the Health Savings Account section update new plans and plan requirements.

Rules Coordinator: April Kelly

Address: Oregon Health Authority, Oregon Educators Benefit Board, 1225 Ferry St. SE, Salem, OR 97301

Telephone: (503) 378-6588


Rule Caption: Amendments update language regarding eligibility verifications and reviews

Date:   Time:   Location:

8-19-13    10: a.m.   1225 Ferry St. SE       OEBB Boardroom.      Salem, OR 97301

Hearing Officer: OEBB Staff

Stat. Auth.: ORS 243.860 to-243.886

Stats. Implemented: ORS 243.864(1)(a)

Proposed Amendments: 111-040-0015

Last Date for Comment: 8-31-13, Close of Business

Summary: Amendments update language that aligns with the new eligibility verification and review language in OEBB’s Division 80, Operations rule.

Rules Coordinator: April Kelly

Address: Oregon Health Authority, Oregon Educators Benefit Board, 1225 Ferry St. SE, Salem, OR 97301

Telephone: (503) 378-6588


Rule Caption: Amendments update and clarify language related to early retirees

Date:   Time:   Location:

8-19-13    10 a.m.   1225 Ferry St.SE      OEBB Boardroom      Salem, OR 97301

Hearing Officer: OEBB Staff

Stat. Auth.: ORS 243.860–243.886

Stats. Implemented: ORS 243.864(1)(a)

Proposed Amendments: 111-050-0010, 111-050-0050

Last Date for Comment: 8-31-13, Close of Business

Summary: Amendments to 111-050-0010 align the definition of Eligible Early Retiree with OEBB’s definition under Division 10 and clarify the language related continuation of coverage from active coverage to retiree coverage. Amendments to 111-00-0050 update language that aligns with the new eligibility verification and review language in OEBB’s Division 80 Operations rule.

Rules Coordinator: April Kelly

Address: Oregon Health Authority, Oregon Educators Benefit Board, 1225 Ferry St. SE, Salem, OR 97301

Telephone: (503) 378-6588


Rule Caption: Amendments to this rule update plans available, open enrollment period and premium payments

Date:   Time:   Location:

8-19-13    10 a.m.   1225 Ferry St.SE       OEBB Boardroom      Salem, OR 97301

Hearing Officer: OEBB Staff

Stat. Auth.: ORS 243.860 to-243.886

Stats. Implemented: ORS 243.864(1)(a)

Proposed Amendments: 111-070-0005, 111-070-0015, 111-070-0050

Last Date for Comment: 8-31-13, Close of Business

Summary: Amendments to 111-070-0005 update plans available to this group. Amendments to 111-070-0015 extend the open enrollment timeframe and amendments to 111-070-0050 add a processing fee if the member declines the use of the electronic funds transfer and has a checking account.

Rules Coordinator: April Kelly

Address: Oregon Health Authority, Oregon Educators Benefit Board, 1225 Ferry St. SE, Salem, OR 97301

Telephone: (503) 378-6588


Rule Caption: Establishes eligibility verification and reviews language under Operations rule

Date:   Time:   Location:

8-19-13    10 a.m.   1225 Ferry St.SE       OEBB Boardroom      Salem, OR 97301

Hearing Officer: OEBB Staff

Stat. Auth.: ORS 243.860–243.886

Stats. Implemented: ORS 243.864(1)(a)

Proposed Adoptions: 111-080-0055

Last Date for Comment: 8-31-13, Close of Business

Summary: Currently, limited eligibility review language exists in Division 40 and Division 50 under OEBB’s Chapter 111 rules. 111-080-0055 establishes eligibility verification and reviews language in rule under OEBB’s Operations rule which elaborates on the different types of verifications and reviews and the timeline for such reviews.

Rules Coordinator: April Kelly

Address: Oregon Health Authority, Oregon Educators Benefit Board, 1225 Ferry St. SE, Salem, OR 97301

Telephone: (503) 378-6588


Oregon Health Insurance Exchange, Chapter 945

Rule Caption: Appeal of Exchange Eligibility Determinations

Date:   Time:   Location:

8-20-13    10 a.m.   16760 SW Upper Boones       Ferry Rd., Suite 1000      Durham, OR 97224

Hearing Officer: Gregory Jolivette

Stat. Auth.: ORS 741.002

Stats. Implemented: ORS 741.500

Proposed Adoptions: 945-040-0100 – 945-040-170

Proposed Amendments: 945-040-0010

Last Date for Comment: 8-27-13, 5 p.m.

Summary: Establishes the process for appeals of Exchange eligibility determinations.

Rules Coordinator: Gregory Jolivette

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

Telephone: (503) 373-9406


Oregon Liquor Control Commission, Chapter 845

Rule Caption: Amends two rules to implement statutory changes requiring service permits for new category of persons.

Date:   Time:   Location:

8-28-13    10 a.m.   9079 SE McLoughlin Blvd.      Portland OR 97222

Hearing Officer: Annabelle Henry

Stat. Auth.: ORS 471, 471.030, 471.040, 471.190 & 471.730(1) & (5)

Stats. Implemented: ORS 471.190, 471.360, 471.365(2) & 471.375

Proposed Amendments: 845-009-0010, 845-009-0015

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

Summary: On May 10, 2013, the Commission initiated rulemaking to amend OAR 845-009-0010 (Service Permit Requirements) and OAR 845-009-0015 (Licensee and Authorized Person’s Responsibility for Verifying Identification). Permanent rulemaking was initiated in order to comply with the statutory amendments enacted by House Bill 2443. On the same day, the Commission adopted temporary rules, effective May 10, 2013 through November 6, 2013, because House Bill 2443 includes an emergency clause making it effective upon passage. A public hearing was held on June 24, 2013. However, on June 26, 2013, the Governor signed Senate Bill 795 into law. Senate Bill 795 amends ORS 471.375 to allow service permittees who dispense malt beverages, wine or cider sold in securely covered containers to work while their applications are pending. Because Senate Bill 795 includes an emergency clause making it effective upon passage, the proposed amendments to OAR 845-009-0010 and OAR 845-009-0015 must be revised to reflect the new statutory language. The Commission will hold a second hearing to provide interested parties with an opportunity to comment on these additional revisions.

Rules Coordinator: Annabelle Henry

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

Telephone: (503) 872-5004


Rule Caption: Affirms that the prohibition against self-service continues to apply to all persons.

Date:   Time:   Location:

8-27-13    10 a.m.   9079 SE McLoughlin Blvd.      Portland, OR 97222

Hearing Officer: Annabelle Henry

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

Stats. Implemented: ORS 471.030, 471.040, 471.175, 471.178, 471.186, 471.200, 471.223, 471.227, 471.315(1)(a)(H), 471.351(1), 471.405(1), 471.408, 471.412, 471.675 & 471.730

Proposed Amendments: 845-006-0345

Last Date for Comment: 9-10-13, 5 p.m.

Summary: Section (1) of this rule prohibits a licensee or permittee from consuming an alcoholic beverage or being under the influence of intoxicants while on duty. The proposed amendments create a new section, labeled section (11), that prohibits “any person” from mixing, selling or serving an alcoholic beverage to himself or herself for on-premises consumption. The prohibition against self-service is not new; however, the amendments enacted by House Bill 2443 have changed the statutory bases for this prohibition. The proposed amendments affirm that the prohibitions against self-service continue to apply to all persons.

Rules Coordinator: Annabelle Henry

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

Telephone: (503) 872-5004


Oregon Medical Board, Chapter 847

Rule Caption: Board member compensation

Stat. Auth.: ORS 677.235

Stats. Implemented: ORS 292.495 & 677.235

Proposed Adoptions: 847-003-0200

Last Date for Comment: 8-21-13, Close of Business

Summary: The proposed rule adoption establishes the compensation authorized for Board members.

Rules Coordinator: Nicole Krishnaswami

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

Telephone: (971) 673-2667


Rule Caption: Expands Visiting Physician approval to physicians volunteering at community nonprofit organizations

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.132 & 677.265

Proposed Amendments: 847-010-0066

Last Date for Comment: 8-21-13, Close of Business

Summary: The proposed rule amendment expands the visiting physician approval to include out-of-state physicians who provide health care services without compensation at a community nonprofit organization such as a county health fair. The proposed rule amendment also deletes the requirement for the visiting physician applicant to submit a curriculum vitae as the needed information is now gathered through the electronic application process.

Rules Coordinator: Nicole Krishnaswami

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

Telephone: (971) 673-2667


Rule Caption: Merges the names of the two former national databanks into one

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.265

Proposed Amendments: 847-008-0055

Last Date for Comment: 8-21-13, Close of Business

Summary: The proposed rule amendment reflects the merger of the two national databanks (formerly the National Practitioner Data Bank and the Health Integrity & Protection Data Bank) into one (now known as the National Practitioner Data Bank).

Rules Coordinator: Nicole Krishnaswami

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

Telephone: (971) 673-2667


Rule Caption: Merges the names of the two former national databanks into one

Stat. Auth.: ORS 677.100, & 677.265

Stats. Implemented: ORS 677.100, 677.190 & 677.265

Proposed Amendments: 847-020-0150, 847-020-0185

Last Date for Comment: 8-21-13, Close of Business

Summary: The proposed rule amendment reflects the merger of the two national databanks (formerly the National Practitioner Data Bank and the Health Integrity & Protection Data Bank) into one (now known as the National Practitioner Data Bank).

Rules Coordinator: Nicole Krishnaswami

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

Telephone: (971) 673-2667


Rule Caption: Merges the names of the two former national databanks into one

Stat. Auth.: ORS 677.115 & 677.265

Stats. Implemented: ORS 677.115 & 677.265

Proposed Amendments: 847-026-0010

Last Date for Comment: 8-21-13, Close of Business

Summary: The proposed rule amendment reflects the merger of the two national databanks (formerly the National Practitioner Data Bank and the Health Integrity & Protection Data Bank) into one (now known as the National Practitioner Data Bank).

Rules Coordinator: Nicole Krishnaswami

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

 

Telephone: (971) 673-2667

Rule Caption: Memorializes the authority previously delegated to the Executive Director to issue Notices of Civil Penalty

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.190, 677.205 & 677.265

Proposed Adoptions: 847-001-0040

Proposed Repeals: 847-001-0040(T)

Last Date for Comment: 8-21-13, Close of Business

Summary: The proposed rule adoption puts into administrative rule the authority that has been previously delegated by the Board to the Executive Director over approving and signing Notices of Civil Penalty for violation of Board administrative rules.

Rules Coordinator: Nicole Krishnaswami

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

Telephone: (971) 673-2667


Rule Caption: Fee changes as approved

Stat. Auth.: ORS 181.534, 431.972, 676.410, 677.265 & 677.290

Stats. Implemented: ORS 181.534, 192.440, 431.972, 676.410, 677.265 & 677.290

Proposed Amendments: 847-005-0005

Proposed Repeals: 847-005-0005(T)

Last Date for Comment: 8-21-13, Close of Business

Summary: The proposed rule amendment reflects fees approved by the legislature for the 2013–15 biennial budget, including adjusted registration fees, a $100 application fee for a physician to supervise a physician assistant, a one-time surcharge for physician assistants, and a pass-through fee for the actual cost of criminal records checks on applicants or licensees.

Rules Coordinator: Nicole Krishnaswami

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

Telephone: (971) 673-2667


Rule Caption: Memorializes the licensing authority previously delegated to the Executive Director and Medical Director

Stat. Auth.: ORS 677.235

Stats. Implemented: ORS 292.495 & 677.235

Proposed Adoptions: 847-008-0003

Proposed Repeals: 847-008-0003(T)

Last Date for Comment: 8-21-13, Close of Business

Summary: The proposed rule adoption puts into administrative rule the licensing authority that has been previously delegated by the Board to the Executive Director and Medical Director.

Rules Coordinator: Nicole Krishnaswami

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

Telephone: (971) 673-2667


Rule Caption: Fee for criminal records checks as approved

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 181.534, 677.100 & 677.265

Proposed Amendments: 847-008-0068

Proposed Repeals: 847-008-0068(T)

Last Date for Comment: 8-21-13, Close of Business

Summary: The proposed rule amendment specifies that the criminal records check cost will be passed through to the applicant or licensee as approved by the legislature in the 2013–15 budget.

Rules Coordinator: Nicole Krishnaswami

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

Telephone: (971) 673-2667


Rule Caption: Corrects the licensing process for Limited License, Medical Faculty

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.100 & 677.132

Proposed Amendments: 847-010-0063

Proposed Repeals: 847-010-0063(T)

Last Date for Comment: 8-21-13, Close of Business

Summary: The proposed rule amendment accurately reflects that the Limited License, Medical Faculty is approved weekly rather than quarterly as a result of the delegation of these license application approvals to the Executive Director in July 2010.

Rules Coordinator: Nicole Krishnaswami

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

Telephone: (971) 673-2667


Rule Caption: Supervising physician application fee and physician assistant surcharge fee as approved

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.205, 677.510 & 677.512

Proposed Amendments: 847-050-0027, 847-050-0042

Proposed Repeals: 847-050-0027(T), 847-050-0042(T)

Last Date for Comment: 8-21-13, Close of Business

Summary: As approved by the legislature in the 2013–15 budget, the proposed rule amendment specifies that there is a fee for the supervising physician application and implements a one-time surcharge for physician assistants renewing or applying for initial licensure in the 2014–15 licensure biennium.

Rules Coordinator: Nicole Krishnaswami

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

Telephone: (971) 673-2667


Rule Caption: Drug dispensing, distribution and administration requirements

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.010, 677.089, 677.510 & 677.515

Proposed Amendments: 847-015-0025

Last Date for Comment: 8-21-13, Close of Business

Summary: The proposed rule amendment establishes documentation standards for drugs dispensed, distributed or administered; requires provision of take-home instructions for drugs dispensed or distributed; clarifies that distribution, as defined by the Board of Pharmacy, is distinct from dispensing; and clarifies that a physician supervising a physician assistant with drug dispensing authority without first registering as a dispensing physician is a violation of the rule.

Rules Coordinator: Nicole Krishnaswami

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

Telephone: (971) 673-2667


Rule Caption: Defines office-based procedures and clarifies provider qualifications and requirements

Stat. Auth.: ORS 677.265 & 679.255

Stats. Implemented: OAR 677.060, 677.085, 677.097 & 677.265

Proposed Adoptions: 847-017-0003, 847-017-0008, 847-017-0037

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: 8-21-13, Close of Business

Summary: The proposed rule amendments classify levels of office-based surgeries and set forth the corresponding requirements; reorganize and add new definitions; establish a standard of practice for licensees performing office-based surgery; set forth requirements for office-based surgery facilities; clarify the assessment and informed consent procedures prior to the performance of an office-based surgery; clarify the requirements for patient medical records; expand the emergency care and transfer protocol requirements; require reporting of specified office-based surgical adverse events; and contain general grammar and language housekeeping changes.

Rules Coordinator: Nicole Krishnaswami

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

Telephone: (971) 673-2667


Oregon Public Employees Retirement System, Chapter 459

Rule Caption: Adopt new assumed rate and specify effective date of implementation.

Date:   Time:   Location:

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

Hearing Officer: Daniel Rivas

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

Stats. Implemented: ORS 238 & 238A

Proposed Adoptions: 459-007-0007

Last Date for Comment: 9-3-13, 5 p.m.

Summary: ORS 238.255 provides the PERS Board shall determine an assumed interest rate. OAR 459-007-0001(2) states the “assumed rate” is “the actuarial assumed rate of return on investments as adopted by the Board for the most recent actuarial valuation.” Currently, PERS does not have an administrative rule that sets forth the assumed rate or the effective date of any change to the assumed rate. The proposed rule adopts a new assumed rate and specifies when the assumed rate will be effective for PERS transactions.

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713


Oregon State Lottery, Chapter 177

Rule Caption: Amends game matrix; Creates 30-year Jackpot annuity; Modifies prize accounts; Specifies when prizes become pari-mutuel.

Date:   Time:   Location:

8-16-13    2 p.m.   Oregon State Lottery      500 Airport Rd. SE      Salem, OR 97301

Hearing Officer: Larry Trott

Stat. Auth.: ORS 461

Other Auth.: Oregon Constitution, Art. XV, Sec. 4(4)

Stats. Implemented: ORS 461.210. 461.220, 461.230 & 461.250

Proposed Amendments: 177-098-0010, 177-098-0020, 177-098-0030, 177-098-0040, 177-098-0050, 177-098-0060, 177-098-0110

Last Date for Comment: 8-16-13, 2:30 p.m.

Summary: The Oregon Lottery has filed a Notice of Proposed Rulemaking Hearing to amend the above referenced administrative rules for the Mega Millions game. The Mega Millions game is being updated with a new matrix and Megaplier multipliers which modify the odds of winning. It is anticipated that these changes will attract more players resulting in higher jackpots and more prize payments. Other amendments provide:

   1. In the event the multiplier drawing does not occur prior to the Mega Millions drawing, the multiplier number will be a 5;

   2. The Jackpot prize will be paid in thirty graduated annual payments increasing by 5% each year;

   3. The creation of new prize reserve and prize pool accounts for funding of the various prizes; and

   4. Circumstances under which prizes will become pari-mutuel are being modified.

   These changes are necessary to implement the changes to the Mega Millions game rules made by the national organization that administers the multi-state Mega Millions game.

Rules Coordinator: Mark W. Hohlt

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

Telephone: (503) 540-1417


Oregon University System, Eastern Oregon University, Chapter 579

Rule Caption: Repeal of the Eastern Oregon University Complaint and Grievance Procedures.

Stat. Auth.: ORS.351.060

Stats. Implemented: ORS 351.060

Proposed Repeals: 579-010-0006, 579-010-0011, 579-010-0016, 579-010-0021, 579-010-0026, 579-010-0030, 579-010-0035, 579-010-0040, Appendix A and Appendix B

Last Date for Comment: 8-24-13, 4 p.m.

Summary: The proposed repeal of the Eastern Oregon University (EOU) Grievance Procedures will allow EOU to establish a more clearly articulated student grievance procedure. Grievance procedures pertaining to employment are identified in both negotiated contracts and university handbook. Grievance procedures pertaining to discrimination, including sexual harassment is outlined in the EOU Affirmative Action plan and the Sexual Harassment policy.

Rules Coordinator: Teresa Carson-Mastrude

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

 

Telephone: (541) 962-3773

Oregon Watershed Enhancement Board, Chapter 695

Rule Caption: Repeals outdated administrative rules established in 2007 for salmon season state of emergency grants

Stat. Auth.: ORS 541.906

Other Auth.: Governor’s Executive Order Nos. 06-06, 06-07, & 08-10

Stats. Implemented: ORS 541.890–541.969

Proposed Repeals: 695-007-0010, 695-007-0020, 695-007-0030, 695-007-0040

Last Date for Comment: 8-22-13, 5 p.m.

Summary: Division 7 of OWEB’s administrative rules was established in response to Governor Kulongoski’s Executive Orders issued between 2006 and 2008 declaring Salmon Season States of Emergency. The rules established grant application and award criteria for restoration, inventory and data collection, outreach, and technical planning projects that created employment opportunities for displaced workers (primarily fishers) during the States of Emergency. The most recent of the Salmon Season State of Emergency addressed by Division 7 rules expired in May 2009, rendering the rules obsolete. No Salmon Season State of Emergency has been declared since 2009.

   Furthermore, the subsequent adoption of Division 4 rules (i.e. OAR 695-004-0030 (2)) in 2009 gives the OWEB Board the ability to offer special grant types, such as the Salmon Season State of Emergency Grants. If a future State of Emergency is declared and the OWEB Board again decides to offer grants that provide opportunities to displaced workers, Division 4 rules allow the Board to publicly discuss and approve necessary guidance and criteria for special grant programs without amending or writing new administrative rules for each unique circumstance. The Division 4 rule renders the Division 7 rules redundant and unnecessary now and into the future.

   Public comment will be accepted on the proposed rule repeal from August 1, 2013 through 5 p.m. on August 22, 2013. Copies of the rules proposed for repeal will be available by August 1, 2013 on OWEB’s website (www.oregon.gov/OWEB/pages/admin_rules_statutes.aspx).

Rules Coordinator: Renee Davis-Born

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

Telephone: (503) 986-0029


Parks and Recreation Department, Chapter 736

Rule Caption: Revise Camping Rates for State Parks

Date:   Time:   Location:

8-20-13, 7 p.m., South Beach State Park, Meeting Yurt, 5580 S. Coast Hwy., Newport, OR 97366

8-21-13, 7 p.m., Champoeg State Heritage Area, Visitor Center, 8239 Champoeg Road NE, St. Paul, OR 97137

8-22-13, 7 p.m., The Cove Palisades State Park, Crooked River Campground, Program Area, 7300 Jordan Rd., Culver OR 97734

8-23-13, 7 p.m., Wallowa Lake State Recreation Area, Day Use Picnic Shelter, 72214 Marina Ln., Joseph, OR 97846

Hearing Officer: Staff

Stat. Auth.: ORS 390.124

Stats. Implemented: ORS 390.111, 390.121 & 390.124

Proposed Amendments: 736-015-0006, 736-015-0010, 736-015-0015, 736-015-0020, 736-015-0026, 736-015-0030, 736-015-0035, 736-015-0040, 736-015-0043

Last Date for Comment: 8-30-13, 5 p.m.

Summary: Rules under OAR Chapter 736, divisions 15, Rates, establish rates for camping and day use in properties managed by the Oregon Parks and Recreation Department. The division also sets fee waivers for specific groups.

   During the 2013 legislative session, OPRD received approval to increase camping rates. The proposed rule changes implement the legislatively approved fees and cover two additional items as follows:

   (1) Limits foster family fee waivers to 14 days within a calendar month to make it consistent with other fee waiver programs; and

   (2) Changes the fee structure for motorcycles in campsite to include up to two motorcycles for the extra vehicle fee, as opposed to just one motorcycle.

   * Those who wish to make public comment during public hearings must register with the hearings officer on site by 7:30 PM on the day of the hearing.

Rules Coordinator: Vanessa DeMoe

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

Telephone: (503) 986-0719


Secretary of State, Corporation Division, Chapter 160

Rule Caption: Notaries Public

Stat. Auth.: 2013 OL Ch. 219 Sec. 26

Stats. Implemented: 2013 OL Ch. 219

Proposed Amendments: 160-100-0000 – 160-100-1150

Last Date for Comment: 8-22-13, 12 p.m.

Summary: These rules are updated to include electronic notarizations and electronic journals. These rules also update the notary name requirement to include the full legal name to be used for notarization, and the notary seal will be replaced with the stamping device and the stamp.

Rules Coordinator: Ginger Spotts

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

Telephone: (503) 986-2333


Veterinary Medical Examining Board, Chapter 875

Rule Caption: Deletes references to Euthanasia Task Force; adds definition of ‘indirect supervision.’

Stat. Auth.: ORS 686.210

Stats. Implemented: ORS 475.190, 609.405, 686.130, 686.225 & 686.510

Proposed Amendments: 875-005-0005

Last Date for Comment: 8-30-13, Close of Business

Summary: Deletes definition of ‘lethal drug’ and ‘Task Force’ relative to the Euthanasia Task Force.

   Adds definition of ‘indirect supervision’ companion to amendment of Division 30 that allows Certified Veterinary Technicians to perform duties outside veterinary facilities.

Rules Coordinator: Lori V. Makinen

Address: Veterinary Medical Examining Board, 800 NE Oregon St., Suite 407, Portland, OR 97232

Telephone: (971) 673-0224


Rule Caption: Updates license application process, qualifications, CE requirements; increases license fees, eliminates inactive license.

Stat. Auth.: ORS 686.210

Stats. Implemented: ORS 686.020, 686.040, 686.045, 686.065, 686.075, 686.085. 686.095, 686.110, 686.255, 686.410 & 686.420

Proposed Amendments: 875-010, 875-010-0000

Last Date for Comment: 8-30-13, Close of Business

Summary: Updates qualifications for veterinary licenses, student interns and veterinary interns; license renewal procedures. Adds requirements for official transcript for application; expands on-line options for Continuing Education; eliminates inactive license category; increases license fee to $150.

Rules Coordinator: Lori V. Makinen

Address: Veterinary Medical Examining Board, 800 NE Oregon St., Suite 407, Portland, OR 97232

Telephone: (971) 673-0224


Rule Caption: Adds requirements for physical examination and medical records; requires provision of prescription if requested.

Stat. Auth.: ORS 686.210

Stats. Implemented: ORS 686.020, 686.040, 686.130 & 686.370

Proposed Amendments: Rules in 875-015

Last Date for Comment: 8-30-13, Close of Business

Summary: Adds requirement to evaluate and document patient’s integumentary system, allows estimate of weight for large animals, and requires licensee to provide a prescription for biological and drugs if requested by the client.

Rules Coordinator: Lori V. Makinen

Address: Veterinary Medical Examining Board, 800 NE Oregon St., Suite 407, Portland, OR 97232

Telephone: (971) 673-0224


Rule Caption: Eliminates obsolete VTNE criteria; adds indirect supervision; eliminates inactive license, increases license fee.

Stat. Auth.: ORS 686.210

Stats. Implemented: ORS 686.210, 686.225, 686.350 & 686.370

Proposed Amendments: Rules in 875-030

Last Date for Comment: 8-30-13, Close of Business

Summary: Deletes obsolete criteria for on-the-job eligibility for the Veterinary Technician National Exam; adds indirect supervision to allow CVT duties away from veterinary facility; eliminates the inactive license category; raises license and renewal fee to $35.

Rules Coordinator: Lori V. Makinen

Address: Veterinary Medical Examining Board, 800 NE Oregon St., Suite 407, Portland, OR 97232

Telephone: (971) 673-0224

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2012.

2.) Copyright 2013 Oregon Secretary of State: Terms and Conditions of Use

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

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