Loading

Oregon Bulletin

September 1, 2011

NOTICES OF PROPOSED RULEMAKING AND
PROPOSED RULEMAKING HEARINGS


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

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

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

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

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


 

Board of Chiropractic Examiners
Chapter 811

Rule Caption: Allows for acceptance of chiropractic graduates of foreign chiropractic colleges meeting recognized accreditation standards.

Date:                         Time:                        Location:

10-6-11                  2 p.m.                       OBCE Offices
                                                                           3218 Pringle Rd. SE, #150
                                                                           Salem, OR

Hearing Officer: Dave McTeague

Stat. Auth.: ORS 684

Stats. Implemented: ORS 684.040, 684.050, & 684.155(5)

Proposed Amendments: 811-020-0006, 811-020-0011, 811-021-0005

Last Date for Comment: 10-6-11, 2 p.m.

Summary: Allows for acceptance of chiropractic graduates of foreign chiropractic colleges meeting recognized accreditation standards.

Rules Coordinator: Donna Dougan

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

Telephone: (503) 378-5816, ext. 24

Board of Nursing
Chapter 851

Rule Caption: Rules to clarify nurse prescriber authority related to off label, compounded, and grandfathered drugs.

Date:                         Time:                  Location:

9-22-11                  9 a.m.                  17938 SW Upper Boones Ferry Rd.
                                                                      Portland, OR 97224

Hearing Officer: Pat Markesino, Board President

Stat. Auth.: ORS 678.385 & 678.390

Stats. Implemented: ORS 678.370, 678.372, 678.375, 678.380 & 678.390

Proposed Amendments: 851-056-0000, 851-056-0010, 851-056-0012, 851-056-0016

Last Date for Comment: 9-20-11, 5 p.m.

Summary: These rules cover the authority of the Clinical Nurse Specialist and Nurse Practitioner to prescribe and dispense drugs. These rule amendments clarify their ability to prescribe off label, compounded, and grandfathered drugs.

Rules Coordinator: Peggy A. Lightfoot

Address: Board of Nursing, 17938 SW Upper Bones Ferry Rd., Portland, OR 97224

Telephone: (971) 673-0638

 

Rule Caption: Rule corrections: one incorrect word which is opposite of its intended meaning; one typographical error.

Date:                         Time:                  Location:

9-22-11                  9 a.m.                  17938 SW Upper Boones Ferry Rd.
                                                                      Portland, OR 97224

Hearing Officer: Pat Markesino, Board President

Stat. Auth.: ORS 678.440 & 678.444

Stats. Implemented: ORS 678.440 & 678.444

Proposed Amendments: 851-063-0030

Last Date for Comment: 9-20-11, 5 p.m.

Summary: Under OAR 851-063-0030, Authorized Duties and Standards for Certified Nursing Assistants, (1)(c)(A)(vi) Preventing hydration should read: Preventing dehydration. In addition, OAR 851-063-0030(1)(a)(B)(vi) Providing catheter care including the application of an removal of external urinary catheters should read: Providing care including the application and removal of external urinary catheters.

Rules Coordinator: Peggy A. Lightfoot

Address: Board of Nursing, 17938 SW Upper Bones Ferry Rd., Portland, OR 97224

Telephone: (971) 673-0638

Board of Psychologist Examiners
Chapter 858

Rule Caption: Changes educational and residency requirements for licensure; adds applied psychologist licensure track; corrections and updates.

Stat. Auth.: ORS 675.010–675.150

Stats. Implemented: ORS 675.030 & 675.110

Proposed Adoptions: 858-010-0011, 858-010-0012, 858-010-0013

Proposed Amendments: 858-010-0001, 858-010-0002, 858-010-0010, 858-010-0015, 858-010-0016, 858-010-0017, 858-010-0020, 858-010-0025, 858-010-0036, 858-010-0037, 858-010-0038, 858-010-0039

Last Date for Comment: 9-22-11, Close of Business

Summary: Defines additional terms for Chapter 858, Division 10. Modifies the educational requirements for clinical psychologist licensure to align with current practices. This includes changes to required coursework, in-residence requirements at the educational institution, organized practicum and internship requirements. Creates a new licensure track for “applied psychologists” and lays out the educational requirements. Adds clarification to the standard and non-standard application procedures. Requires the reviewer of an application for licensure to send a letter to the applicant stating the reason the application is incomplete. Modifies the guidelines for supervised work experience. This includes a change to the definition of psychological work (services), a change to require that a licensed psychologist facilitate group supervision, and requirement that the supervisor provide both an interim and a final resident evaluation report. Also includes various minor housekeeping items.

Rules Coordinator: Debra Orman McHugh

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

Telephone: (503) 373-1155

Construction Contractors Board
Chapter 812

Rule Caption: Housekeeping – Correct Statutory Cite References.

Date:                         Time:                        Location:

9-27-11                  11 a.m.                    West Salem Roth’s IGA
                                                                           Santiam Rm.
                                                                           1130 Wallace Rd. NW
                                                                           Salem, OR

Hearing Officer: Rob Hernandez

Stat. Auth.: ORS 183.310 to 183.500, 670.310, 701.235. 701.515, 701.992 & 701.995

Stats. Implemented: ORS 87.093, 279C.460, 279C.590, 448.115, 448.279, 634.116, 671.510-671.710, 701, 701.005, 701.010, 701.021, 701.026, 701.042, 701.046, 701.073, 701.091, 701.098, 701.106, 701.109, 701.131, 701.227, 701.238, 701.305, 701.315, 701.330, 701.345, 701.480, 701.485, 701.510, 701.515, 701.992 & 701.995

Proposed Amendments: 812-002-0060, 812-002-0160, 812-002-0280, 812-002-0760, 812-002-0780, 812-005-0800

Last Date for Comment: 9-27-11, Close of Hearing

Summary: 812-002-0060, 812-002-0160, 812-002-0280, 812-002-0760, 812-002-0780, 812-005-0800 are amended to correct or add statutory reference of ORS 701.021 (operative 7/1/2010).

Rules Coordinator: Catherine Dixon

Address: Construction Contractors Board, 700 Summer St. NE, Suite 300, Salem, OR 97310

Telephone: (503) 934-2185

 

Rule Caption: Lead-Based Paint Rule Updated to Conform to Oregon Health Authority Rules.

Date:                         Time:                        Location:

9-27-11                  11 a.m.                    West Salem Roth’s IGA
                                                                           Santiam Rm.
                                                                           1130 Wallace Rd. NW
                                                                           Salem, OR

Hearing Officer: Rob Hernandez

Stat. Auth.: ORS 670.310, 701.235 & 701.515

Stats. Implemented: ORS 701.505-701.5120, 701.510 & 701.515

Proposed Amendments: 812-007-0000, 812-007-0020, 812-007-0100, 812-007-0110, 812-007-0130, 812-007-0150, 812-007-0200, 812-007-0210, 812-007-0230, 812-007-0250, 812-007-0300, 812-007-0350, 812-007-0370, 812-007-0372, 812-007-0374

Last Date for Comment: 9-27-11, Close of Hearing

Summary: • 812-007-0000 is amended to revise the Oregon Department of Human Services, Health Division, name which has changed to the Oregon Health Authority. These rules use the acronym “OHA” instead of the term “Authority” which is used in the OHA rules. The reason is that the term “authority” is already used in both OHA and CCB rules and, we believe, it would be confusing to use that term to refer to another agency.

      • 812-007-0020 is amended to replace “Department” with “OHA”; revise language re: accredited training program to be consistent with language in recently revised OHA rule; make grammatical corrections (number format); remove definition for “lead-based paint (LBP) hazard” because it is not used in the CCB rules; change heat gun temperature to correspond to changed OHA work practice standards. See OAR 333-070-0090(6)(c). This higher temperature is permitted by federal law.

      • 812-007-0100, 812-007-0110, 812-007-0130, 812-007-0200, 812-007-0210, 812-007-0230 are amended to replace the word “Department” with the word “OHA.

      • 812-007-0150 is amended to replace the word “Department” with the word “OHA” and change reference to statutes for contested case hearings to reflect statutes that have been repealed.

      • 812-007-0250 and 812-007-0350 are amended to replace the word “Department” with the word “OHA” and change reference to statutes for contested case hearings to reflect statutes that have been repealed.

      • 812-007-0300 is amended to remove date that has passed.

      • 812-007-0370 is amended to replace the word “person” with the word “individual” as used in OHA rule, OAR 333-070-0095(1)(b)(B)(iii).

      • 812-007-0372 is amended to add language contained in OHA notification requirements, common areas, OAR 333-070-0095(2)(b)(B).

      • 812-007-0374 is amended to add language contained in OHA notification requirements, child-occupied facilities, OAR 333-070-0095(4)(c)(B).

Rules Coordinator: Catherine Dixon

Address: Construction Contractors Board, 700 Summer St. NE, Suite 300, Salem, OR 97310

Telephone: (503) 934-2185

 

Rule Caption: Residential Continuing Education (RCE) exemptions, and CCB CORE class requirements, and housekeeping.

Date:                         Time:                        Location:

9-27-11                  11 a.m.                    West Salem Roth’s IGA
                                                                           Santiam Rm.
                                                                           1130 Wallace Rd. NW
                                                                           Salem, OR

Hearing Officer: Rob Hernandez

Stat. Auth.: ORS 670.310, 701.126 & 701.235

Stats. Implemented: ORS 701.126

Proposed Adoptions: 812-021-0021

Proposed Amendments: 812-021-0015, 812-021-0025, 812-021-0028, 812-021-0031, 812-021-0035

Proposed Repeals: 812-021-0015(T), 812-021-0021(T), 812-021-0028(T)

Last Date for Comment: 9-27-11, Close of Hearing

Summary: • 812-021-0015 is amended. The CCB board determined that mandatory core requirements should be limited to (1) BEST, (2) building codes and (3) laws, regulations and business practices. Education on “green” or sustainable building practices should be treated as elective education. However, since some contractors have already completed the requirement in advance of renewing their licenses or obligated themselves to take such education, the board will continue to credit the education towards the mandatory core requirement provided that it is completed on or before September 30, 2011.

      This permanent rule also incorporates a (slightly modified) temporary rule, adopted July 1, 2011, to allow for building code courses that were approved by the Building Codes Division or the International Codes Council to qualify for the mandatory building code requirement, if completed by July 1, 2012. Thereafter, only CCB-approved courses will qualify.

      The rule also clarifies when contractor renews between October 1, 2011, and October 1, 2013, it may use core education obtained before the previous license period (10/1/2009 – 10/1/2011) provided that the education was obtained no earlier than July 1, 2009.

      • OAR 812-021-0021 is adopted to incorporate a (slightly modified) temporary rule adopted July 1, 2011, that exempts from BEST and building codes those contractors that are licensed plumbing or electrical contractors and exempts those contractors that have an owner or officer licensed as an architect or a professional engineer, regardless of whether the architect or engineer is acting within the scope of their license. (Those individuals are already exempt from ORS chapter 701 under ORS 701.010(8)(a) and (8)(b)). In addition, the amendment exempts from residential continuing education BEST and building codes for those contractors that do not “touch” a residential structure that is a “dwelling” or “outbuilding.” The rule amendment defines the terms “dwelling” and “outbuilding.” The rule amendment lists examples of contractors that are exempt, and those that are not. The rule amendment requires that contractors exempt from mandatory BEST and building code hours must complete an equivalent number of elective hours.

      • 812-021-0025 is amended because the agency will no longer approve providers to offer education on “green” or sustainable building practices for mandatory core continuing education. However, the rule extends the use of such courses, if offered by an approved provider, so long as the course is completed on or before September 30, 2011.

      • 812-021-0028 is amended because the agency will no longer approve providers to offer education on “green” or sustainable building practices for mandatory core continuing education. However, the rule extends the use of such courses, if offered by an approved provider, so long as the course is completed on or before September 30, 2011.

      • 812-021-0031 is amended because the agency will no longer approve providers to offer education on “green” or sustainable building practices for mandatory core continuing education. However, the rule extends the use of such courses, if offered by an approved provider, so long as the course is completed on or before September 30, 2011.

      • 812-021-0035 is a housekeeping amendment; to make section (3) the same as section (2).

Rules Coordinator: Catherine Dixon

Address: Construction Contractors Board, 700 Summer St. NE, Suite 300, Salem, OR 97310

Telephone: (503) 934-2185

 

Rule Caption: Amend and Adopt rules to implement SB 939, Dispute Resolution Services Change to Mediation Only Process.

Date:                         Time:                        Location:

9-27-11                  11 a.m.                    West Salem Roth’s IGA
                                                                           Santiam Rm.
                                                                           1130 Wallace Rd. NW
                                                                           Salem, OR

Hearing Officer: Rob Hernandez

Stat. Auth.: ORS 183.310 to 813.500, 670.310, 701.145, 701.150, 701.235 & 1999 OL Ch. 849, Sec. 8

Other Auth.: OL 2011 Ch. 630 (SB 939)

Stats. Implemented: ORS 36.600–36.740, ch. 183, 183.413 to 183.470, 701, 701.081, 701.084, 701.088, 701.102, 701.131, 701.133, 701.139, 701.140, 701.143, 701.145, 701.146, 701.148, 701.150 & OL 2011 Ch. 630 (SB 939)

Proposed Adoptions: 812-004-1001, 812-004-1110, 812-004-1120, 812-004-1140, 812-004-1160, 812-004-1180, 812-004-1195, 812-004-1210, 812-004-1240, 812-004-1250, 812-004-1260, 812-004-1300, 812-004-1320, 812-004-1340, 812-004-1350, 812-004-1360, 812-004-1400, 812-004-1420, 812-004-1440, 812-004-1450, 812-004-1460, 812-004-1480, 812-004-1490, 812-004-1500, 812-004-1505, 812-004-1510, 812-004-1520, 812-004-1530, 812-004-1537, 812-004-1600

Proposed Amendments: 812-004-0001, 812-004-0110, 812-004-0120, 812-004-0140, 812-004-0300, 812-004-0320, 812-004-0340, 812-004-0600, 812-009-0010, 812-010-0020

Proposed Repeals: 812-004-0001(T), 812-004-1001(T), 812-004-1110(T), 812-004-1120(T), 812-004-1140(T), 812-004-1160(T), 812-004-1180(T), 812-004-1195(T), 812-004-1210(T), 812-004-1240(T), 812-004-1250(T), 812-004-1260(T), 812-004-1300(T), 812-004-1320(T), 812-004-1340(T), 812-004-1350(T), 812-004-1360(T), 812-004-1400(T), 812-004-1420(T), 812-004-1440(T), 812-004-1450(T), 812-004-1460(T), 812-004-1480(T), 812-004-1490(T), 812-004-1500(T), 812-004-1505(T), 812-004-1510(T), 812-004-1520(T), 812-004-1530(T), 812-004-1537(T)

Last Date for Comment: 9-27-11, Close of Hearing

Summary: • 812-004-0001, 812-009-0010, and 812-010-0020 are amended to implement Ch. 630 OR Laws 2011 (SB 939). They identify the existing rules as applicable to complaints filed before July 1, 2011.

      • 812-004-0110 is amended to reflect the current poverty guidelines.

      • 812-004-0120 is amended to correct citation for definition of term “licensee”. The definition is now at OAR 812-004-0450.

      • 812-004-0140 is amended to correct citation for exemption for owner’s property. The exemption is now at ORS 701.010(7).

      • 812-004-0300 is amended to correct statutory reference of ORS 701.139 (2010 legislation).

      • 812-004-0320 is amended to correct statutory reference of ORS 701.021 (operative 7/1/2010).

      • 812-004-0340 is amended for clarity and consistency with new rules.

      • 812-004-0600 is amended to remove reference to section (5) which is repealed, to make subsequent bond responsible for the complaint if the initial bond was cancelled more than 14 months before the agency received the complaint. This is consistent with the requirements of ORS 701.150(3), which is retained by Ch. 630 OR Laws 2011 (SB 939). And, is amended to delete section that apportions multiple surety bonds. These were bond that were used by persons of whom the agency required an increased bond. For example, if the agency required a $75,000 bigger bond, some contractors obtained four $20,000 bonds. The law no longer permits this practice. Therefore, the rule is unnecessary and is repealed.

      • 812-004-1001, 812-004-1110, 812-004-1120, 812-004-1140, 812-004-1160, 812-004-1180, 812-004-1195, 812-004-1210, 812-004-1240, 812-004-1250, 812-004-1260, 812-004-1300, 812-004-1320, 812-004-1340, 812-004-1350, 812-004-1360, 812-004-1400, 812-004-1420, 812-004-1440, 812-004-1450, 812-004-1460, 812-004-01480, 812-004-1490, 812-004-1500, 812-004-1505, 812-004-1510, 812-004-1520, 812-004-1530, 812-004-1537, 812-004-1600 are adopted to implement Ch. 630 OR Laws 2011 (SB 939).

Rules Coordinator: Catherine Dixon

Address: Construction Contractors Board, 700 Summer St. NE, Suite 300, Salem, OR 97310

Telephone: (503) 934-2185

Department of Agriculture
Chapter 603

Rule Caption: Renames Directly Supervised Trainee license and allows for multiple year renewal with educational component.

Date:                         Time:                        Location:

9-29-11                  9 a.m.                       635 Capitol St. NE
                                                                           Salem, OR 97301

Hearing Officer: James LaBonte

Stat. Auth.: ORS 634

Stats. Implemented: ORS 634

Proposed Amendments: 603-057-0001, 603-057-0100, 603-057-0127

Last Date for Comment: 10-7-11

Summary: The rules rename the Directly Supervised trainee License to avoid confusion with the Immediately Supervised trainee License. The Directly Supervised trainee License is renamed the Pesticide Apprentice License. In addition, the rules expand the ability to renew the pesticide Apprentice License. Existing administrative rules limit directly supervised trainees to one lifetime annual renewal. A pesticide apprentice may maintain a pesticide trainee license indefinitely by attending educational programs and demonstrating attempts to attain pesticide applicator certification. The rules restrict pesticide apprentices and immediately supervised trainees from applying pesticides by helicopter or fixed wing aircraft. Finally, the supervisor of an immediately supervised trainee or apprentice must be named in each pesticide application record.

      These changes are intended to allow flexibility for employers to hire, train, and supervise trainees. Persons who qualify for the Pesticide Apprentice License will be able to enter the industry at a more gradual pace and will be introduced to concepts presented in continuing education programs. Persons with limited written English language skills or test-taking abilities will be allowed to continue employment under the supervision of a fully licensed applicator. The rules will clarify several trainee-related topics, ensure documentation of the supervisor-trainee relationship and reduce confusion over what level of supervision is required for each type of trainee license.

Rules Coordinator: Sue Gooch

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

Telephone: (503) 986-4583

 

Rule Caption: Amendment to update CAFO Annual Compliance fees.

Stat. Auth.: ORS 468B.215 & 561.255

Stats. Implemented: ORS 468B.215 & 561.255

Proposed Amendments: 603-074-0020

Last Date for Comment: 9-30-11

Summary: This rule amendment will allow the department to collect the newly increased annual fees from CAFOs for the 2011–2012 fiscal year. Their increased fees will replace General Fund monies that the Legislature removed from the CAFO program 2011–2013 budget.

Rules Coordinator: Sue Gooch

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

Telephone: (503) 986-4583

Department of Agriculture,
Oregon Fine Fescue Commission
Chapter 604

Rule Caption: Includes highland Bentgrass to crops assessed by Fine Fescue Commission; adds a commissioner.

Date:                         Time:                        Location:

9-19-11                  7 a.m.                       Elmer’s Restaurant
                                                                           3950 Market St.
                                                                           Salem, OR

Hearing Officer: Zach Taylor

Stat. Auth.: ORS 576 & SB 946 (2011)

Other Auth.: ORS 576.325

Stats. Implemented: ORS 576 & SB 946 (2011)

Proposed Amendments: 604-010-0005, 604-010-0011, 604-010-0015, 604-030-0010, 604-030-0020

Proposed Repeals: 604-010-0005(T), 604-010-0011(T), 604-010-0015(T), 604-030-0010(T), 604-030-0020(T)

Last Date for Comment: 9-19-11

Summary: The changes allow the Fine Fescue Commission to incorporate the assessment of Highland Bentgrass seed (Agrostis castellana), or any mixture containing at least 50% of Highland Bentgrass seed, pursuant to the authority in SB 946 (2011) and ORS 576. The assessment rate and method of paying assessments remains the same as it was under the Highland Bentgrass Commission, which was dissolved by SB 946 (2011). Further, the Fine Fescue Commission is adding a producer of Highland Bentgrass seed to the commission, bringing the total number of commissioners to nine. These
Permanent Rules will replace the Temporary Rules adopted by the Commission June 30, 2011.

Rules Coordinator: Lisa Ostlund

Address: Department of Agriculture, Oregon Fine Fescue
Commission, PO Box 3366, Salem, OR 97302-0366

Telephone: (503) 364-2944

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

Rule Caption: Establishes specialized electrical inspector training and certifications as required by House Bill 3462 (2009).

Date:                         Time:                        Location:

9-21-11                  10 a.m.                    1535 Edgewater St. NW
                                                                           Salem, OR 97304

Hearing Officer: Aeron Teverbaugh

Stat. Auth.: ORS 455.720, 455.730 & 455.735

Other Auth.: 2009 OL Ch. 593

Stats. Implemented: ORS 455.720, 455.730 & 455.735

Proposed Adoptions: 918-098-1580

Proposed Amendments: 918-098-1510, 918-098-1530

Last Date for Comment: 9-23-11, 5 p.m.

Summary: HB 3462 (2009) authorized the Building Codes Division to create a program for training, qualifying and certifying individuals as specialized building inspectors authorized to perform inspections and enforce portions of Oregon’s specialty codes. These new inspector certifications will cover limited commercial and other multidisciplinary inspections that presently are not independently authorized by the Division’s existing inspector certifications. The proposed rule specifically addresses the specialized electrical inspector training and certification.

Rules Coordinator: Stephanie Snyder

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

Telephone: (503) 373-7438

 

Rule Caption: Amends the 2011 Oregon Reach Code.

Date:                         Time:                        Location:

9-21-11                  9:30 a.m.                1535 Edgewater St. NW
                                                                           Salem, OR 97304

Hearing Officer: Aeron Teverbaugh

Stat. Auth.: ORS 183.335, 455.020, 455.210, 455.496 & 455.500

Stats. Implemented: ORS 183.335, 455.020, 455.210 & 455.500

Proposed Amendments: 918-465-0040, 918-465-0070

Last Date for Comment: 9-23-11, 5 p.m.

Summary: The proposed rules implement a portion of Senate Bill 79 (2009) requiring the director of the Department of Consumer and Business Services to adopt a code separate from the state building code that is a set of optional construction standards designed to increase the energy efficiency of buildings above the mandatory state building code. The Building Code Division previously adopted the second public version of the International Green Construction Code (IGCC) with significant Oregon specific amendments including provisions from the 2012 International Energy Conservation Code and ASHRAE 90.1, as the commercial provisions of the Oregon Reach Code (ORC). The proposed rule amends the Oregon Reach Code to include residential provisions. The residential provisions are largely based off the 2011 Oregon Residential Specialty Code with amendments to provide options for selective measures and also a modeling path.

      The proposed rules also amend the Oregon Reach Code to
establish standards and allow builders to install vegetative roofs on commercial Reach Code buildings. In addition, the proposed rule contains amendments to the minimum boiler efficiencies table, reducing the required efficiencies for gas fueled hot water boilers.

Rules Coordinator: Stephanie Snyder

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

Telephone: (503) 373-7438

 

Rule Caption: Adopts minimum safety standards for recreational vehicles and non-substantive changes to recreational parks and campgrounds.

Date:                         Time:                        Location:

9-19-11                  9:30 a.m.                1535 Edgewater St. NW
                                                                           Salem, OR 97304

Hearing Officer: Richard J. Baumann

Stat. Auth.: ORS 183.325–183.410, 446.003, 446.160, 446.185, 446.285, 455.020, 455.110, 455.170, 455.210, 455.680 & 455.690

Stats. Implemented: ORS 183.335, 446.003, 446.160, 446.185 & 445.680

Proposed Adoptions: Rules in 918-525, 918-530, 918-650

Proposed Amendments: Rules in 918-525, 918-530, 918-650

Proposed Repeals: Rules in 918-252, 918-530, 918-650

Last Date for Comment: 9-23-11, 5 p.m.

Summary: These proposed rules adopt the most current editions of nationally recognized standards for the construction, conversion, alteration, and repair of recreational vehicles and recreational park trailers with Oregon amendments. Additionally, the proposed rules include some non-technical housekeeping changes to the recreation park and organizational camp administrative rules that provide clarity and consistency among the Division’s rules.

Rules Coordinator: Stephanie Snyder

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

Telephone: (503) 373-7438

 

Rule Caption: Amends accessibility provisions in the 2010 Oregon Structural Specialty Code.

Date:                         Time:                        Location:

9-19-11                  10 a.m.                    1535 Edgewater St. NW
                                                                           Salem, OR 97304

Hearing Officer: Steve Judson

Stat. Auth.: ORS 455.030, 455.110 & 455.112

Other Auth.: 2010 ADA Standards for Accessible Design, issued by the U.S. Dept.of Justice

Stats. Implemented: ORS 455.110 & 455.112

Proposed Amendments: 918-460-0015

Last Date for Comment: 9-23-11, 5 p.m.

Summary: The proposed rule adopts proposed amendments to the accessibility provisions in the 2010 Oregon Structural Specialty Code (OSSC). The changes are based upon revised final regulations to Title II and Title III of the Americans with Disabilities Act published by the U.S. Department of Justice, and existing Oregon laws. The changes are primarily in OSSC Chapter 11 which contains the accessibility provisions, however the amendments also affect OSSC Chapters 9, 10, and 34.

Rules Coordinator: Stephanie Snyder

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

Telephone: (503) 373-7438

 

Rule Caption: Amends 2010 Oregon Structural Specialty Code regarding alternate braced wall panels.

Stat. Auth.: ORS 455.020 & 455.110

Stats. Implemented: ORS 455.110 & 455.112

Proposed Amendments: 918-460-0015

Last Date for Comment: 9-23-11, 5 p.m.

Summary: This rule amends 2010 Oregon Structural Specialty Code, Section 2308.9.3.2 alternate braced wall panel adjacent to door or window opening. This rule removes the requirement for a 4,200 pound tie-down and adjusts the panel size to compensate for this change.

Rules Coordinator: Stephanie Snyder

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

Telephone: (503) 373-7438

Department of Consumer and Business Services,
Director’s Office
Chapter 440

Rule Caption: 2012 Workers’ Compensation Premium Assessment Rates.

Date:                         Time:                        Location:

10-11-11               2 p.m.*                   Labor & Industries Bldg.
                                                                           350 Winter St. NE
                                                                           Conference Rm. 260
                                                                           Salem, OR

Hearing Officer: Fred Bruyns

Stat. Auth.: ORS 705.135, 656.726 & 656.612

Stats. Implemented: ORS 656.612 & 656.614

Proposed Amendments: 440-045-0020, 440-045-0025

Last Date for Comment: 10-13-11, 5 p.m.

Summary: *NOTE: The hearing will begin at 2 p.m. and end no later than 5 p.m. or when all present who wish to testify have done so.

      The director adopts by rule the workers’ compensation premium assessment rate that is paid by all employers based on their workers’ compensation premium and is collected by the insurer at the time the employer pays the premium. This assessment is used to fund workers’ compensation related programs and workplace safety and health programs that serve Oregon employers and workers. In addition, the rule adopts the rate for an assessment percentage amount that is collected from all self-insured employers as well as all self-insured employer groups to fund the Self-Insured Employers Adjustment Reserve and the Self-Insured Employer Group Adjustment Reserve. These reserves are established to assure benefits are available in the event of a financial failure of a self-insured employer or self-insured employer group. This rulemaking will adopt the assessment percentage that will be in effect from January 1, 2012 to December 31, 2012. Before recommending the 2012 premium assessment rate, the department must analyze financial data, review the data, and authorize or disapprove a proposed workers’ compensation pure premium insurance rate filing filed by the National Council on Compensation Insurance. We expect the pure premium insurance rate for workers’ compensation and the proposed rate for the 2012 premium assessment to be announced between September 27 and October 4, 2012.

      Text of the proposed rule as well as the other rulemaking documents can be found at:http://www.oregon.gov/DCBS/DIR/
rules.shtml

      Address questions to: Win Lombardi, Rules Coordinator; phone 503-947-7866; fax 503-378-6444; or e-mail winifred.c.lombardi@state.or.us

Rules Coordinator: Win Lombardi

Address: Department of Consumer and Business Services,
Director’s Office, PO Box 14480, Salem, OR 97309-0405

Telephone: (503) 947-7866

Department of Consumer and Business Services,
Division of Finance and Corporate Securities
Chapter 441

Rule Caption: Repeal banking rule governing charging off real estate assets.

Stat. Auth.: ORS 706.790

Other Auth.: 2011 OL Ch. 478, Sec. 1 (Enrolled HB 2614)

Stats. Implemented: ORS 708A.175, 708A.195 & 708A.590

Proposed Repeals: 441-505-1135

Last Date for Comment: 9-26-11, 5 p.m.

Summary: In 2010, the Department of Consumer and Business Services, Division of Finance and Corporate Securities, conducted a rulemaking to clarify that the initial minimum charge-off of real estate that an Oregon-chartered bank owns or holds pursuant to ORS 708A.175(3) and (4) must occur within 12 months of the vesting of the property, rather than within the same calendar year as the date of vesting (FCS 11-2010). The 2011 Legislature amended ORS 708A.590 (Enrolled house Bill 2614) to eliminate the requirement for a minimum 5% annual charge-off of such real estate by Oregon-chartered banks. This rulemaking repeals OAR 441-505-1135, which governed the charging off of such real estate assets, to comply with Enrolled House Bill 2614.

Rules Coordinator: Shelley Greiner

Address: Department of Consumer and Business Services, Finance and Corporate Securities, 350 Winter St. NE, Rm. 410, Salem, OR 97301

Telephone: (503) 947-7484

 

Rule Caption: Amends fees for mortgage banker, mortgage broker and mortgage loan originator licenses.

Stat. Auth.: ORS 86A.106, 86A.109, 86A.136, 86A.206 & 86A.242

Other Auth.: 2011 OL Ch. 618, Sec. 1 (Enrolled HB 5014)

Stats. Implemented: ORS 86A.106, 86A.109, 86A.206 & 86A.218

Proposed Amendments: 441-860-0101, 441-880-0400

Last Date for Comment: 9-26-11, 5 p.m.

Summary: In 2009, the Director of the Department of Consumer and Business Services adopted fees for licensing mortgage bankers, mortgage brokers and mortgage loan originators (see FCS 12-2009). Under ORS 291.050 et seq., all fees adopted by state agencies are automatically rescinded after the next regular legislative session unless adopted by the Legislature through enabling legislation. During the 2011 regular legislative session, the Legislature adopted reduced licensing fees for mortgage bankers, mortgage brokers and mortgage loan originators in enabling legislation (2011 House Bill 5014). This rulemaking reflects the fees reductions as approved by the Legislature.

Rules Coordinator: Shelley Greiner

Address: Department of Consumer and Business Services, Finance and Corporate Securities, 350 Winter St. NE, Rm. 410, Salem, OR 97301

Telephone: (503) 947-7484

 

Rule Caption: Amend fees for master trustees and certified providers.

Stat. Auth.: ORS 97.926, 97.933 & 97.935

Other Auth.: 2011 OL Ch. 618, § 1 (Enrolled HB 5014)

Stats. Implemented: ORS 97.933 & 97.935

Proposed Amendments: 441-930-0270

Last Date for Comment: 9-26-11, 5 p.m.

Summary: In 2010, the Department of Consumer and Business Services, Division of Finance and Corporate Securities, conducted a rulemaking to revise administrative rules related to the regulation of master trustees and certified providers. As part of that rulemaking, the department adopted increased fees for both regulated entities. (FCS 14-2010). Under ORS 291.050 et seq., all fees adopted by state agencies are automatically rescinded after the next regular legislative session unless they are adopted by the Legislature. The 2011 Legislature reduced the increased fees for master trustees and certified providers (House Bill 5014). This rulemaking adopts the fees set by the Legislature.

Rules Coordinator: Shelley Greiner

Address: Department of Consumer and Business Services, Finance and Corporate Securities, 350 Winter St. NE, Rm. 410, Salem, OR 97301

Telephone: (503) 947-7484

Department of Consumer and Business Services,
Insurance Division
Chapter 836

Rule Caption: Require risk based capital trend test by property and casualty insurers.

Date:                         Time:                        Location:

9-27-11                  1:30 p.m.*            Conference Rm. E,
                                                                           Labor & Industries Bldg.
                                                                           350 Winter St. NE
                                                                           Salem, OR

Hearing Officer: Jeannette Holman

Stat. Auth.: ORS 731.244

Other Auth.: ORS 731.554 & 733.210

Stats. Implemented: ORS 731.554 & 731.574

Proposed Amendments: 836-011-0300, 836-011-0305, 836-011-0310, 836-011-0320, 836-011-0380, 836-011-0390

Last Date for Comment: 10-4-11

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

      This rule will provide the Insurance Division with an additional tool to determine whether a property and casualty insurer falls within a RBC company action level. Current rules define a company action level as an RBC ratio of 200 percent. This rule would require the Division to take action if a company’s RBC falls between 200 and 300 percent and its combined ratio is above 120 percent.

      The rules are also amended to correct and update internal references.

Rules Coordinator: Sue Munson

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

Telephone: (503) 947-7272

 

Rule Caption: Allows 2001 CSO Preferred Mortality Tables to be used for certain contracts.

Date:                         Time:                        Location:

9-28-11                  1:30 p.m.*            Conference Rm. F
                                                                           Labor & Industries Bldg.
                                                                           350 Winter St. NE
                                                                           Salem, OR

Hearing Officer: Jeannette Holman

Stat. Auth.: ORS 731.244 & 733.306

Stats. Implemented: ORS 733.306

Proposed Amendments: 836-031-0810, 836-031-0815

Last Date for Comment: 10-5-11

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

      The amendments to these rules reflect changes to the National Association of Insurance Commissioners (NAIC) Model Regulation #815. The rules generally specify which mortality table is recognized for use in determining minimum reserve liabilities. Adoption of these amendments to the rules would allow a company to substitute the 2001 CSO Preferred Mortality Tables in place of the 2001 CSO Smoker or Nonsmoker Mortality Tables for policies issued prior to January 1, 2007. The conditions for use of the preferred tables are also set out in the rules and the use does require the consent of the director of the Department of Consumer and Business Services.

      These changes are necessary to maintain Oregon’s accreditation.

Rules Coordinator: Sue Munson

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

Telephone: (503) 947-7272

 

Rule Caption: Clarifies applicability of limitation on premium rate increases for Medical Supplement policies or certificates.

Date:                         Time:                        Location:

9-28-11                  9:30 a.m.*            Conference Rm. F,
                                                                           Labor & Industries Bldg.
                                                                           350 Winter St. NE
                                                                           Salem, OR

Hearing Officer: Jeannette Holman

Stat. Auth.: ORS 731.244, 743.010, 743.683 & 743.684

Other Auth.: ORS 743.680–743.689

Stats. Implemented: ORS 743.010, 743.683 & 743.684

Proposed Amendments: 836-052-0114, 836-052-0145, 836-052-0151

Last Date for Comment: 10-5-11

Summary: *NOTE: The hearing will begin at 9:30 a.m. and end when all present who wish to testify have done so.

      Amends rules to clarify that limit on premium increases for Medicare Supplement insurance policies to once in a 12-month period does not apply to changes in policy or payment terms initiated by the insured. Specifies that limitation applies to all existing 1990 Standardized Medicare Supplement benefit plans and all 2010 Standardized Medicare supplement benefit plans policies or certificates renewed on or after January 1, 2012. The changes to the Exhibits to OAR 836-052-0160 effective on February 17, 2011 apply to all Medicare Supplement policies or certificates issued on or after July 1, 2011. The limitation on premium increases effective on February 17, 2011 applies to all new Medicare Supplement policies or certificates issued on or after July 1, 2011.

Rules Coordinator: Sue Munson

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

Telephone: (503) 947-7272

 

Rule Caption: Adoption of Oregon Companion Guide for Health Care Claims; Professional, Dental and Institutional (837).

Date:                         Time:                        Location:

9-26-11                  1:30 p.m.*            Conference Rm. F
                                                                           Labor & Industries Bldg.
                                                                           350 Winter St. NE
                                                                           Salem, OR

Hearing Officer: Jeannette Holman

Stat. Auth.: 2011 OL Ch. 130, Sec. 2 (Enrolled SB 94)

Other Auth.: ORS 731.244

Stats. Implemented: 2011 OL Ch. 130, Sec. 2-5 (Enrolled SB 94)

Proposed Amendments: 836-100-0105, 836-100-0110, 836-100-0115

Last Date for Comment: 10-3-11

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

      This rule will adopt the uniform standards for administrative simplification of health insurance developed by the Oregon Health Authority pursuant to the provisions of Section 2, chapter 130, Oregon Laws 2011 (Enrolled Senate Bill 94). Section 2, chapter 130, Oregon Laws 2011 (Enrolled Senate Bill 94) allows the Department of Consumer and Business Services to adopt these standards by rule after receiving recommendations from the Oregon Health Authority.

      The second series of Oregon Companion Guides are related to uniformity of health claims and encounter transactions. There are three companion guides that make up this group of uniform standards – “Oregon Companion Guide for the Implementation of the EDI Transaction: ASC X12/005010X222 Health Care Claim: Professional (837),” “The Oregon Companion Guide for the Implementation of the EDI Transaction: ASC X12/005010X223 Health Care Claim: Institutional (837)” and “The Oregon Companion Guide for the Implementation of the EDI Transaction: ASC X12/005010X224 Health Care Claim: Dental (837).” The department proposes to adopt all three in this rulemaking.

      These proposed rules also establish a waiver for plans that are certified by the Council for Affordable Quality Healthcare’s (CAQH) Committee on Operating Rules for Information Exchange (CORE). This waiver is proposed because the Oregon Companion Guides have been developed in alignment with CORE and CORE is now recognized by federal agencies as the national standard, so meeting either the CORE or the Companion Guide standard will allow for standardization.

Rules Coordinator: Sue Munson

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

Telephone: (503) 947-7272

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

Rule Caption: Proposed changes to confined space rules in general industry and construction.

Date:                         Time:                        Location:

9-30-11                  10 a.m.                    Fremont Place, Bldg. I
                                                                           1750 NW Naito Pky., Suite 112
                                                                           Portland, OR 97209-2533

10-7-11                   10 a.m.                    Oregon OSHA Field Office
                                                                           1140 Willagillespie, Suite 42
                                                                           Eugene, OR 97401-2101

Hearing Officer: Sue Joye

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

Stats. Implemented: ORS 654.001–654.295

Proposed Adoptions: 437-002-0146

Proposed Amendments: 437-002-0140, 437-002-0182, 437-002-0256, 437-002-0312, 437-003-0001

Last Date for Comment: 10-14-11

Summary: Oregon OSHA proposes to adopt new rule, OAR 437-002-0146 Confined Spaces, that replaces OAR 437-002-1910.146 Permit-Required Confined Spaces. This expands the scope of the new rule to include the construction industry.

      The requirements of this standard are similar to the requirements of the existing standard, but is written to clarify employer obligations and eliminate confusing requirements.

      This rulemaking will amend Oregon-initiated rules OAR 437-002-0182, 437-002-0256, and 437-002-0312 to update the rule reference to the new Oregon rule 437-002-0146 Confined Spaces. Also, notes will be added to 1910.120 Appendix E, and 1910.269 that currently refer the reader to 1910.146. The new note will announce that Oregon OSHA repealed 1910.146, and in Oregon 437-002-0146 applies.

      Please visit our website: www.orosha.org

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

Rules Coordinator: Sue C. Joye

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

Telephone: (503) 947-7449

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

Rule Caption: Disputed Claim Settlements – implements amendments to ORS 656.313(4)(d) made by SB 173.

Date:                         Time:                        Location:

10-7-11                  9:30 a.m.                2601 25th St. SE, Suite 150
                                                                           Salem, OR 97302-1280

Hearing Officer: Debra Young

Stat. Auth.: ORS 656.726(5)

Stats. Implemented: ORS 656.289(4) & 656.313(4)

Proposed Amendments: 438-009-0010

Last Date for Comment: 10-7-11

Summary: The Board proposed to amend OAR 438-009-0010 to implement Senate Bill 173 (SB 173) that amends ORS 656.313(4)(d), which concerns reimbursement for medical services from Disputed Claim Settlements and the ability of a medical service provider or health insurance provider to recover the balance of amounts owing for such services directly from the worker.

      Pending the hearing, written comments regarding these rules may be submitted for admission into record by directing such comments by mail, fax, or by means of hand-delivery to any permanently staffed Board office. The comments may be addressed to the attention of Debra L. Young, Rulemaking Hearing Officer, Workers’ Compensation Board, 2601 25th St. SE Suite 150, Salem, OR 97302-1280.

Rules Coordinator: Vicky Scott

Address: Department of Consumer and Business Services, Workers’ Compensation Board, 2601 25th St. SE, Suite 150, Salem, OR 97302-1280

Telephone: (503) 378-3308

Department of Corrections
Chapter 291

Rule Caption: Community Corrections Programs (Financial Records).

Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530

Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500–423.560

Proposed Amendments: 291-031-0025

Last Date for Comment: 10-17-11, Close of Business

Summary: This modification is a housekeeping item and necessary to update the rule since counties provide financial reports electronically rather than hard copy.

Rules Coordinator: Janet R. Worley

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

Telephone: (503) 945-0933

Department of Energy
Chapter 330

Rule Caption: Business Energy Tax Credit program rules.

Date:                         Time:                        Location:

9-21-11                  9 a.m.                       625 Marion St.
                                                                           Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 469.040, 469.165, 469.185–469.225 & 2011 OL Ch. 693

Stats. Implemented: 469.040, 469.165, 469.185–469.225 & 2011 OL Ch. 693

Proposed Amendments: 330-090-0110, 330-090-0130, 330-090-0133, 330-090-0140

Proposed Repeals: 330-090-0110(T), 330-090-0130(T), 330-090-0133(T), 330-090-0140(T)

Last Date for Comment: 9-21-11, Close of Business

Summary: These permanent rule amendments repeal the existing temporary rule amendments made April 18, 2011, and implement changes made by House Bill 3606 (2011) to the Business Energy Tax Credit program. These amendments implement statutory changes that specify that federal grants received in connection with a facility reduce the final total cost of a facility, and confirm applicability of these changes. The rules provide new definitions of “certified cost” and “federal grant”.

Rules Coordinator: Kathy Stuttaford

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

Telephone: (503) 373-2127

Department of Environmental Quality
Chapter 340

Rule Caption: Adoption of the Eugene-Springfield PM10 Maintenance Plan.

Date:                         Time:                        Location:

9-26-11                  12:15 p.m.            LRAPA, 1010 Main St.
                                                                           Springfield, OR 97477

Hearing Officer: Merlyn Hough

Stat. Auth.: ORS 468.020 & 468A.025

Stats. Implemented: ORS 468A.025 & 468A.035

Proposed Amendments: 340-200-0040, 340-204-0010, 340-204-0030, 340-204-0040

Last Date for Comment: 9-26-11, 12:15 p.m.

Summary: The Eugene-Springfield PM10 Nonattainment Area has not exceeded the federal public health standards for particulate matter ten microns and less (PM10) since 1987. The proposed rulemaking would officially change the status of this area from a PM10 nonattainment area to a PM10 maintenance area, and adopt a PM10 maintenance plan that will ensure continued attainment with the standard. In addition, this rulemaking action will include a request by DEQ to the Environmental Protection Agency for the Eugene-Springfield area to be redesignated as in attainment with the standard.

      A mandatory residential wood combustion curtailment program implemented by the Lane Regional Air Protection Agency (LRAPA) has been the primary mechanism for the Eugene-Springfield area being able to attain the PM10 health standard. This program will continue to be implemented without changes under the PM10 maintenance plan to ensure continued attainment with the standard. Under this plan, industrial emissions growth will be controlled through existing New Source Review regulations, which for maintenance areas reduces the stringency and costs of emission control requirements for new sources, from the Lowest Achievable Emission Rate (LAER) to the Best Available Control Technology (BACT). All other requirements on sources will remain the same.

      LRAPA will hold a public hearing on this proposed rulemaking, and if approved by the LRAPA Board of Directors, DEQ will submit to the Environmental Quality Commission for approval. The Clean Air Act requires DEQ to submit all rule and plan changes to the Environmental Protection Agency as a revision to the State Implementation Plan under OAR 340-200-0040.

      For further information on this proposed rulemaking, please contact Merlyn Hough, Lane Regional Air Protection Agency, 1010 Main St., Springfield, OR 97477, toll free at 877-285-7272 or (541) 736-1056.

      Public comments can be sent directly to Robbye Lanier, LRAPA Rules Coordinator, at robbye@lrapa.org, or faxed at (541) 726-1205, or visit LRAPA's website at www.lrapa.org

      Additional information can also be found by visiting DEQ’s rulemaking website atwww.deq.state.or.us/regulations/proposedrules.htm

      Oral and written testimony can be provided at the public hearing listed above.

Rules Coordinator: Maggie Vandehey

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

Telephone: (503) 229-6878

Department of Fish and Wildlife
Chapter 635

Rule Caption: Amend Rules for Commercial Fishing License Fees.

Date:                         Time:                        Location:

10-7-11                  8 a.m.                       Red Lion Hotel
                                                                           304 SE Nye Ave.
                                                                           Pendleton, OR 97801

Hearing Officer: Fish & Wildlife Commission

Stat. Auth.: ORS ORS 508.235, 508.285, 508.760, 508.765, 508.790, 508.816, 508.858, 508.901, 508.941 & HB 3657 (2011).

Stats. Implemented: ORS ORS 508.235, 508.285, 508.760, 508.765, 508.790, 508.816, 508.858, 508.901, 508.941 & HB 3657 (2011).

Proposed Adoptions: Rules in 635-006

Proposed Amendments: Rules in 635-006

Proposed Repeals: Rules in 635-006

Last Date for Comment: 10-7-11

Summary: Amended rules relate to commercial fishing license fees. Modifications to the regulations implement HB 3657 (2011), enacted by the 2011 Legislative Assembly. This bill changed miscellaneous commercial fishing and occupational fees for the Oregon Department of Fish & Wildlife. Housekeeping and technical corrections to the regulations may occur to ensure rule consistency.

Rules Coordinator: Therese Kucera

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

Telephone: (503) 947-6033

 

Rule Caption: Establish 2012 Seasons and regulations for Game Mammals.

Date:                         Time:                        Location:

10-7-11                  8 a.m.                       304 SE Nye Ave.
                                                                           Pendleton, OR 97801

Hearing Officer: Fish & Wildlife Commission

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

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

Proposed Amendments: Rules in 635-008, 635-010, 635-043, 635-045, 635-060, 635-065, 635-066, 635-067, 635-068, 635-069, 635-070, 635-071, 635-072, 635-073, 635-075, 635-078, 635-080

Last Date for Comment: 10-7-11

Summary: Establish 2012 hunting regulations for game mammals, including season dates, open areas, location of cooperative travel management areas, wildlife areas, and other rules including general hunting and controlled hunt regulations. Specific rule changes may be made regarding deadlines for sale of preference points.

Rules Coordinator: Therese Kucera

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

Telephone: (503) 947-6033

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

Rule Caption: Medicaid Nursing Facilities.

Date:                         Time:                        Location:

9-19-11                  2:30 p.m.               500 Summer St. NE,
                                                                           Rooms 137CD
                                                                           Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 410.070

Other Auth.: SB 939 (2011), 2011 OL Ch. 630

Stats. Implemented: ORS 410.070

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

Proposed Repeals: 411-070-0442(T), 411-070-0452(T)

Last Date for Comment: 9-21-11, 5 p.m.

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

Rules Coordinator: Christina Hartman

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

Telephone: (503) 945-6398

Department of Public Safety Standards and Training
Chapter 259

Rule Caption: Changes agency responsibility to ensuring administration of read/write test; Clarify physician; Reorganize for clarity.

Stat. Auth.: ORS 181.640, 181.644 & 183.341

Stats. Implemented: ORS 181.640, 181.644 & 183.341

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

Last Date for Comment: 9-21-11, Close of Business

Summary: Changes the hiring agency’s responsibility from administering a 12th grade reading or writing test to ensuring that an appropriate test was administered allowing agencies to accept scores of DPSST-approved tests that were administered by other agencies.

      The requirement for telecommunicators and emergency medical dispatchers to report criminal convictions was removed from OAR 259-008-0010 (Minimum Standards for Employment as a Law Enforcement Officer) and added to OAR 259-008-0011 (Minimum Standards for Employment as a Telecommunicator and Emergency Medical Dispatcher) for consistency.

      Allows for “licensed health care providers” to sign F2-T Medical Examinations.

Rules Coordinator: Linsay Bassler

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

Telephone: (503) 378-2431

Department of State Lands
Chapter 141

Rule Caption: General Permit for Impacts to Vernal Pools Wetlands, Revisions to the Rules for General Permits.

Date:                         Time:                        Location:

9-15-11                  7 p.m.                       Jefferson Conference Rm.,
                                                                           Rogue Valley Council of
                                                                           Governments, 155 N 1st St.
                                                                           Central Point, OR

Hearing Officer: Lori Warner-Dickason

Stat. Auth.: ORS 196.600–196.692 & 196.990–196.990

Stats. Implemented: ORS 196.600–196.692 & 196.990–196.990

Proposed Adoptions: 141-093-0180 – 141-093-0215

Proposed Amendments: 141-093-0107, 141-093-0135

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

Summary: In November 2009, after six years of extensive public involvement and interagency coordination, DSL approved a General Permit for Removal-Fill and Mitigation of Impacts to Vernal Pool Wetlands in Jackson County (Vernal Pool GP). The Vernal Pool GP was developed in coordination with the U.S. Army Corp of Engineers and the U.S. Fish and Wildlife Service to address endangered species associated with vernal pools. Through this rulemaking we will finalize the Vernal Pool GP to create a new permit instrument that is predictable, timely, and consistent with the regional planning effort for vernal pools. The revisions to the existing Division 093 are necessary to accommodate the new Vernal Pool GP.

      The Vernal Pool GP provides an expedited process (55 days) for permitting impacts to vernal pool wetlands located in Jackson County. The rules describe the standards for mitigation for those impacts which are consistent with the standards required to address the Endangered Species Act (administered by the U.S. Fish and Wildlife Service) and the Clean Water Act (administered by the U.S. Army Corps of Engineers.)

Rules Coordinator: Elizabeth Bolden

Address: Department of State Lands, 775 Summer St. NE, Suite 100, Salem, OR 97301

Telephone: (503) 986-5239

Department of Transportation
Chapter 731

Rule Caption: Repeal of rule establishing agency payment for steel escalation.

Stat. Auth.: ORS 184.616, 184.619 & 2005 OL Ch. 557

Stats. Implemented: 2005 OL Ch. 557

Proposed Repeals: 731-007-0335

Last Date for Comment: 9-21-11

Summary: In 2005, HB 2077 required ODOT to adjust the amount paid to a highway construction contractor when steel material delivered to the contractor was more than 10 percent above the price quoted in the contractor’s original bid. OAR 731-007-0335 established the process for making payments to contractors for the unanticipated escalation in the cost of steel materials.

      This rule contained a deadline of January 2, 2010 for submission of contractor claims. Because the deadline has passed, the rule is being repealed.

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

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171

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

Rule Caption: Updates Vehicle Dealer Rules to add reference to New Class IV All-Terrain Vehicle Type.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 802.031, 803.530, 803.600, 803.625, 821.060 & 821.080

Stats. Implemented: ORS 802.031, 803.565, 803.600, 803.602, 803.645, 821.060, 821.080, 822.005 & 822.080

Proposed Amendments: 735-150-0040

Last Date for Comment: 9-21-11

Summary: This rulemaking is needed to implement legislation enacted by the 2011 Legislative Assembly. House Bill 2329 (Chapter 360, Oregon Laws 2011) amends the statutory definitions of all-terrain vehicles and adds a new Class IV all-terrain vehicle type.

      Currently, under OAR 735-150-0040, qualified Oregon vehicle dealers that sell snowmobiles, or Class I and Class III all-terrain vehicles are designated as agents of DMV, pursuant to ORS 802.031. DMV proposes to amend the rule to include Class IV all-terrain vehicles. Additionally, subsection (4)(f) of the rule is amended to clarify that a vehicle dealer may only prepare, submit, or prepare and submit documents and collect fees for transfers of registration plates for vehicles they sell . The change is consistent with current policy and dealer practices. Additional non-substantive changes simplify and clarify existing rule language.

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

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171

Department of Transportation,
Highway Division
Chapter 734

Rule Caption: Fee for Issuance of Sno-Park Parking Permits.

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

Stats. Implemented: ORS 811.600

Proposed Amendments: 734-020-0070

Last Date for Comment: 9-21-11

Summary: This rule establishes the fee for parking permits issued for winter recreation parking (Sno-Park) areas. Revenue generated from the sale of Sno-Park permits is accounted for separately in the Highway Fund. Funds in the account are primarily used for enforcement of the permit requirement and snow removal in the designated areas. There are three types of permits available to users of Sno-Parks: an annual permit required from November 1 through April 30, a three-day permit valid for three consecutive days, and a one-day permit valid for a specific calendar day.

      In order to adequately fund the Sno-Park program, to keep up with increasing costs, and to provide service to the recreation community, an increase in the permit fees was recommended by the Winter Recreation Advisory Committee in 2010. The committee was established in ORS 802.350 to advise the Department on matters relating to the Sno-Park program. Based on that recommendation the Department amended the parking permit fees by rule. However, the 2011 Legislature did not ratify the increase in the permit fees. This rule amendment returns the Sno-Park permit fees to their previous amounts.

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

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171

 

Rule Caption: Requirements for oversized load signs.

Stat. Auth.: ORS 184.616 & 184.619

Stats. Implemented: ORS 815.275, 818.220 & 818.225

Proposed Amendments: 734-082-0037

Last Date for Comment: 9-21-11

Summary: These rules describe sign requirements for over-length or over-width vehicles, or vehicles transporting over-length or over-width loads. Currently, signs warning of an oversize vehicle or load are required to be placed on the front and rear of the vehicle and must be seven feet wide by 18 inches high. Many types of self propelled cranes do not have enough space on the front or rear of the vehicle to accommodate a sign the size required by rule without blocking headlights, turn signals, license plate, brake lights or taillights. The proposed amendment will provide carriers with an additional method to meet the rule requirements by allowing a vehicle’s bumpers to be painted yellow and bear the words “OVERSIZE LOAD” painted or decaled in black. Such signage must meet lettering size, visibility, and reflective requirements in the rule. Self propelled cranes that are registered in another jurisdiction may meet signage requirements on the bumper if the signage meets visibility and reflective rule provisions and the sign is in compliance with the vehicle’s base state rules governing warning signs.

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

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171

Department of Transportation,
Motor Carrier Transportation Division
Chapter 740

Rule Caption: Amendment of intrastate exceptions to federal motor carrier safety transportation regulations.

Stat. Auth.: ORS 184.616, 184.619, 823.011, 825.232 & 825.252

Stats. Implemented: ORS 825.210, 825.250 & 825.252

Proposed Amendments: 740-100-0010

Last Date for Comment: 9-21-11

Summary: These rules cover the adoption of federal motor carrier safety regulations and the intrastate exceptions. A recent Motor Carrier Safety Assistance Program (MCSAP) review identified intrastate exceptions that were determined not compatible with federal regulations. The following proposed rule amendments revise rules identified deficient in the review. Specifically, current rules allow an exemption from external identification requirements found in Title 49, Code of Federal Regulations (CFR) Part 390.21 and some driver qualification requirements found in 49 CFR Part 391 for intrastate private carriers operating with a gross weight rating of 26,000 pounds or less. An amendment will further limit applicability of the exemptions by including that in addition to the vehicle(s) weight rating not exceeding 26,000 pounds, actual weight of the vehicle or combination may not exceed 26,000 pounds to use this exemption. Another amendment specifies that an intrastate commercial motor vehicle operator must be 18 years of age. This amendment clarifies the rule and is consistent with the provisions of ORS 807.060. Finally, it is proposed that an exception from CFR 49 Part 396.17 through 396.23 allowing an exemption for periodic inspection requirements for carriers operating wholly in intrastate commerce be repealed in its entirety.

      Theses changes are necessary to ensure Oregon’s motor carrier safety is compliant with federal regulations. Oregon stands to lose approximately $2.6 million of Motor Carrier Safety Assistance Program (MCSAP) funds if it fails to amend and maintain compatible rules.

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

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171

Land Conservation and Development Department
Chapter 660

Rule Caption: Amendments to administrative rules to establish a process for assessing agricultural land capability.

Date:                         Time:                        Location:

10-6-11                  8:30 a.m.                Guild Hall, Guild Bldg.
                                                                           1867 Williams Hwy.
                                                                           Grants Pass, OR

Hearing Officer: LCDC

Stat. Auth.: ORS 197.040 & 2010 OL Ch. 44 (Spec. Sess.)

Stats. Implemented: ORS 215.203

Proposed Amendments: Rules in 660-033

Last Date for Comment: 10-6-11, Close of Hearing

Summary: The proposed amendment to OAR 660-033-0030 and any necessary conforming changes to division 33, will implement legislative authorization for a person to obtain additional information for use in the determination of whether land qualifies as agricultural land by requiring professional certification of soil assessment consultants and by allowing the Department of Land Conservation and Development to assess fees in an amount intended to meet the department’s costs to assess the soils and administer the program.

Rules Coordinator: Casaria Tuttle

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

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

Oregon Department of Education
Chapter 581

Rule Caption: Provides clarity and guidance on Private Career School issues.

Date:                         Time:                        Location:

9-28-11                  1 p.m.                       255 Capitol St. NE, Rm. 251 A
                                                                           Salem, OR 97310

Hearing Officer: Cindy Hunt

Stat. Auth.: ORS 345.400, 345.460 & 345.470

Stats. Implemented: ORS 345.400 & 345.460

Proposed Adoptions: 581-045-0205, 581-045-0054

Proposed Amendments: 581-045-0200

Last Date for Comment: 9-30-11, 5 p.m.

Summary: OAR 581-045-0200 is being revised and two new rules – OAR 581-045-0205 and 581-045-0054 are being created to meet three specific needs:

      (1) Provide clarity and guidance on issues specific to cosmetology schools.

      (2) Create a new rule specific to competency-based cosmetology schools.

      (3) Create a new rule regarding transfer students and the awarding of credit for prior training or experience that applies to all schools regardless of area of career training.

Rules Coordinator: Diane Roth

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

Telephone: (503) 947-5791

 

Rule Caption: Brings Emotional Disturbance rule relating to education into compliance with federal law.

Stat. Auth.: ORS 343.035(1), 343.045, 343.146 & 343.157

Stats. Implemented: ORS 343.035(1), 343.045, 343.146, 343.157, 34 CFR 300.8 & 34 CFR 300.306

Proposed Amendments: OAR 581-015-2145

Last Date for Comment: 9-30-11, 5 p.m.

Summary: It was discovered during the process of updating the OARs to comply with Senate Bill 3 (2011) that the administrative rule which addresses special education eligibility requirements for emotional disturbance was incomplete. This proposed change in OAR 581-015-2145 brings this rule in alignment with the federal definition of a child with an emotional disturbance disability (34 CFR 300.8(c)(4)(i)(A)).

      The 2004 Amendments to the IDEA, effective July 2005, and corresponding regulations, effective October 2006, required changes to state regulations. Regulations were updated to reflect more current language, and some regulations have been amended for clarity or to align more closely with the federal statutes and regulations. The enormous task to make changes in state regulations included amendments to rules in all sections, including: definitions, general supervision, free appropriate public education, child find, consent, evaluation and eligibility, parent participation, IEP, placement and least restrictive environment, children in public schools placed by a private agency, procedural safeguards, Section 504 hearings, discipline for children with disabilities, children in private schools enrolled by their parents, use of public or private insurance, regional programs, special programs, and early intervention/early childhood special education.

Rules Coordinator: Diane Roth

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

Telephone: (503) 947-5791

Oregon Health Authority,
Oregon Educators Benefit Board
Chapter 111

Rule Caption: Revised language to include definitions for a new benefit offering.

Date:                         Time:                        Location:

9-21-11                  10 a.m.                    PEBB/OEBB Boardroom
                                                                           1225 Ferry St. SE
                                                                           Salem, OR 97301

Hearing Officer: OEBB Staff

Stat. Auth.: ORS 243.860–243.886

Stats. Implemented: ORS 243.874(5)

Proposed Amendments: 111-010-0015

Last Date for Comment: 9-30-11, 5 p.m.

Summary: The revisions to OAR 111-010-0015 include revised and new definitions for a new benefit offering, health savings accounts (HSAs) beginning October 1, 2011. The revisions include adding “Employee Assistance Program Plans” as defined under “Benefit plan” and also defining “Flexible benefit plan.”

Rules Coordinator: April Kelly

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

Telephone: (503) 378-6588

 

Rule Caption: Adopts language for a new benefit offering, health savings accounts.

Date:                         Time:                        Location:

9-21-11                  10 a.m.                    PEBB/OEBB Boardroom
                                                                           1225 Ferry St. SE
                                                                           Salem, OR 97301

Hearing Officer: OEBB Staff

Stat. Auth.: ORS 243.860–243.886

Stats. Implemented: ORS 243.874(5)

Proposed Adoptions: 111-030-0046

Last Date for Comment: 9-30-11, 5 p.m.

Summary: Beginning October 1, 2011, OEBB will be offering health savings accounts (HSAs) as a new benefit offering. 111-030-0046 includes language on this new benefit offering.

Rules Coordinator: April Kelly

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

Telephone: (503) 378-6588

Oregon Health Authority,
Public Employees’ Benefit Board
Chapter 101

Rule Caption: Repeal of Domestic Partnerships rule, 101-015-0025, which was made redundant with adoption of 101-015-0026.

Date:                         Time:                        Location:

9-21-11                  4 p.m.                       Board Room, 1225 Ferry St. SE
                                                                           Suite B
                                                                           Salem, OR

Hearing Officer: Chérie Taylor

Stat. Auth.: ORS 243

Other Auth.: ORS 279

Stats. Implemented: ORS 183, 192, 243, 292, 302, 659 & 743

Proposed Repeals: 101-015-0025

Last Date for Comment: 9-21-11, 5 p.m.

Summary: Repeals 101-015-0025/Domestic Partnerships, which was made redundant by adoption of 101-015-0026. 101-015-0025 is temporarily suspended, effective Aug. 11, 2011.

Rules Coordinator: Chérie Taylor

Address: Oregon Health Authority, Public Employees’ Benefit Board, 155 Cottage St. NE, U90, Salem, OR 97301

Telephone: (503) 378-2349, ext. 325

Oregon Health Authority,
Public Health Division
Chapter 333

Rule Caption: WIC Vendor and Farmer Administration.

Date:                         Time:                        Location:

9-22-11                  11 a.m.                    Portland State Office Bldg.
                                                                           800 NE Oregon St., Rm. 1C
                                                                           Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 409.600

Other Auth.: 7 CFR 246.12, Public Law 108-265

Stats. Implemented: ORS 409.600

Proposed Amendments: 333-054-0010, 333-054-0020, 333-054-0025, 333-054-0027, 333-054-0035, 333-054-0040, 333-054-0050, 333-054-0055, 333-054-0060, 333-054-0070

Last Date for Comment: 9-23-11, 5 p.m.

Summary: The Oregon Health Authority, Public Health Division is proposing to permanently amend administrative rules in chapter 333, division 54 as they pertain to vendors and farmers. These amendments are clarifications and adjustments to definitions, monitoring language, violation and sanction language, which reflect current program vendor and farmer administration practices. Additionally, the rules have been amended to replace references to “FSP” and the “Food Stamp Program” with the program’s new name “Supplemental Nutrition Assistance Program” or “SNAP.”

Rules Coordinator: Brittany Sande

Address: Oregon Health Authority, Public Health Division, 800 NE Oregon St., Suite 930, Portland, OR 97232

Telephone: (971) 673-1291

 

Rule Caption: Updating rules for Medical Marijuana pertaining to registration fees and adding new fee charges.

Date:                         Time:                        Location:

9-16-11                  11 a.m.                    Jackson County Library
                                                                           205 South Central Ave.,
                                                                           Large Conference Rm.
                                                                           Medford, OR 97501

9-19-11                   9:30 a.m.                Portland State Office Bldg.,
                                                                           Room 1B
                                                                           800 NE Oregon St.
                                                                           Portland, OR 97232

9-20-11                   11 a.m.                    Deschutes County Admin. Bldg., Barnes Rm.
                                                                           1300 NW Wall St.
                                                                           Bend, OR 97701

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 475.309, 475.312 & 475.338

Stats. Implemented: ORS 475.300–475.346

Proposed Amendments: 333-008-0010, 333-008-0020, 333-008-0025, 333-008-0030, 333-008-0040, 333-008-0045, 333-008-0050, 333-008-0060, 333-008-0070, 333-008-0080, 333-008-0120

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

Summary: The Oregon Health Authority, Public Health Division, Oregon Medical Marijuana Program is proposing to permanently amend administrative rules in chapter 333, division 8. The 2011 Legislative Assembly adopted a Public Health budget that requires an increase in fees charged to OMMP applicants as well as an additional fee for growers to generate revenue to fund other public health programs. The new fees will be implemented beginning October 1, 2011. The current administrative rule does not require a fee for the growers in order for an applicant or grower to obtain an OMMP registry identification card. The Oregon Medical Marijuana Act (OMMA) mandates the Authority to adopt a fee structure in rules. In order to comply with the OMMA and legislative direction, the OMMP must amend its rules to increase the application fee, the replacement card fee, add a grower fee, and also, to add definitions to clarify new terms and meanings for Authority, food stamps, grow site, and replacement registry identification card which are provisions in the rule that are not defined.

Rules Coordinator: Brittany Sande

Address: Oregon Health Authority, Public Health Division, 800 NE Oregon St., Suite 930, Portland, OR 97232

Telephone: (971) 673-1291

 

Rule Caption: Amendments of rules related to Radiation Protection Services.

Date:                         Time:                        Location:

9-22-11                  1 p.m.                       Portland State Office Bldg.
                                                                           Room 1E
                                                                           800 NE Oregon St.
                                                                           Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 431.925–431.955 & 453.605–453.807

Other Auth.: 10 CFR Parts 1–50

Stats. Implemented: ORS 431.655, 431.925–431.955 & 453.605–453.807

Proposed Amendments: 333-100-0005, 333-100-0020, 333-100-0070, 333-101-0065, 333-102-0015, 333-102-0115, 333-102-0130, 333-102-0190, 333-102-0250, 333-102-0285, 333-102-0290, 333-102-0293, 333-102-0305, 333-102-0310, 333-102-0340, 333-103-0010, 333-103-0030, 333-103-0035, 333-105-0530, 333-106-0005, 333-106-0035, 333-106-0045, 333-106-0055, 333-106-0325, 333-106-0370, 333-106-0750, 333-111-0015, 333-116-0020, 333-116-0025, 333-116-0035, 333-116-0105, 333-116-0220, 333-116-0250, 333-116-0260, 333-116-0290, 333-116-0320, 333-116-0330, 333-116-0360, 333-116-0390, 333-116-0440, 333-116-0470, 333-116-0585, 333-116-0660, 333-116-0670, 333-116-0680, 333-116-0683, 333-116-0687, 333-116-0715, 333-116-1000, 333-119-0010, 333-119-0090, 333-119-0100, 333-120-0015, 333-120-0100, 333-120-0550, 333-120-0650, 333-120-0660, 333-120-0720, 333-120-0730, 333-120-0740

Last Date for Comment: 9-26-11, 5 p.m.

Summary: The Oregon Health Authority, Public Health Division is proposing to permanently amend Oregon Administrative Rules related to programs within the Radiation Protection Services. The radiation materials licensing program is proposing to amend rules to comply with 10 CFR Parts 1-50 to meet federal law pertaining to byproduct material management. The X-ray program is proposing to amend rules to permit operations of X-ray equipment performed by dental hygienists as outlined in ORS 680.205. The tanning program is proposing to amend rules to outline skin type definitions and the use of digital timers with tanning bed operations, remove OAR 333-119-0100(20), and create new rule definitions for skin typing.

Rules Coordinator: Brittany Sande

Address: Oregon Health Authority, Public Health Division, 800 NE Oregon St., Suite 930, Portland, OR 97232

Telephone: (971) 673-1291

Oregon Health Licensing Agency
Chapter 331

Rule Caption: Amend license cycle for athletic trainers from a two year registration to a one year registration.

Stat. Auth.: ORS 676.605, 676.606, 676.615, 688.715 & 688.728

Stats. Implemented: ORS 676.605, 676.606, 676.615, 688.715 & 688.728

Proposed Amendments: 331-105-0030

Last Date for Comment: 9-28-11

Summary: The Oregon Health Licensing Agency (Agency) is amending several programs’ authorization cycle from a two year cycle to an annual cycle to align with statutory authority. The purpose of the revision is to stabilize revenue streams within the Agency and reduce the economic impact of paying a two year registration fee for initial registrations and renewals. Fees will be decreased by half to help reduce barriers to registration for new registrants.

Rules Coordinator: Samantha Patnode

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

Telephone: (503) 373-1917

 

Rule Caption: Amend license cycle for hearing aid specialists from a two year license to a one year license.

Stat. Auth.: ORS 676.605, 676.606, 676.615, 694.155 & 694.185

Stats. Implemented: ORS 676.605, 676.606, 676.615, 694.155 & 694.185

Proposed Amendments: 331-601-0010

Last Date for Comment: 9-28-11

Summary: The Oregon Health Licensing Agency (Agency) is amending several programs’ authorization cycle from a two year cycle to an annual cycle to align with statutory authority. The purpose of the revision is to stabilize revenue streams within the Agency and reduce the economic impact of paying a two year license fee for initial licenses and renewals. Fees will be decreased by half to help reduce barriers to licensure for new licensees.

Rules Coordinator: Samantha Patnode

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

Telephone: (503) 373-1917

 

Rule Caption: Streamlines application process for temporary tattoo practitioners, requires current blood-borne pathogens training.

Stat. Auth.: ORS 676.615

Stats. Implemented: ORS 676.606, 676.607 & 690.365

Proposed Amendments: 331-565-0090

Last Date for Comment: 9-28-11

Summary: Revise administrative rule to clarify and streamline the application process for tattoo artist temporary practitioner permits for those persons wishing to practice the profession in Oregon on a temporary basis, including tattooing conventions. The revision clarifies language for out-of-state applicants who do not understand the Oregon requirements. This also allows applicants to attest o their qualifying experience on a form approved by the agency, requires current training in blood-borne pathogens, and removes requirement for basic first aid training.

Rules Coordinator: Samantha Patnode

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

Telephone: (503) 373-1917

Oregon Public Employees Retirement System
Chapter 459

Rule Caption: Clarify retirement eligibility for police officer and firefighter members.

Date:                         Time:                        Location:

10-25-11               2 p.m.                       PERS
                                                                           11410 SW 68th Pkwy.
                                                                           Tigard, OR

Hearing Officer: Daniel Rivas

Stat. Auth.: ORS 238A.450

Stats. Implemented: ORS 238A.160 & 238A.165

Proposed Amendments: 459-075-0200

Last Date for Comment: 10-28-11, 5 p.m.

Summary: Clarifies eligibility for normal retirement under ORS 238A.160(2) and early retirement under 238A.165(2) for an OPSRP Pension Program member who has held a position as a police officer or firefighter.

      The rule requires clarification of the requirement for retirement that an OPSRP Pension Program member employed as a Police Officer or Firefighter member must “have held a position as a police officer or firefighter continuously for a period of not less than five years immediately preceding the effective date of retirement.” New language is also needed to clarify eligibility for OPSRP Pension Program members who are employed in qualifying positions as a police officer or firefighter and as other than a police officer or firefighter.

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713

 

Rule Caption: Repeal obsolete and redundant rule.

Date:                         Time:                        Location:

10-25-11               2 p.m.                       PERS
                                                                           11410 SW 68th Pkwy.
                                                                           Tigard, OR

Hearing Officer: Daniel Rivas

Stat. Auth.: ORS 238.650

Stats. Implemented: ORS 238.005, 238.025 & 238.442

Proposed Repeals: 459-010-0005

Last Date for Comment: 10-28-11, 5 p.m.

Summary: Provisions of this rule are no longer in effect; redundant language not needed in rule.

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713

Oregon State Marine Board
Chapter 250

Rule Caption: Outfitter and Guide Program Update.

Date:                         Time:                        Location:

9-22-11                  5 p.m.                       Bend Senior Center
                                                                           1600 SE Reed Market Rd.
                                                                           Bend, OR

10-13-11                5 p.m.                       South Beach Marina Mtg. Rm.
                                                                           2120 SE Marine Science Dr.
                                                                            Newport, OR

10-25-11                6 p.m.                       Red Lion Hotel
                                                                           205 Coburg Rd.
                                                                           Eugene, OR

Hearing Officer: Randy Henry

Stat. Auth.: ORS 830

Stats. Implemented: ORS 704 & 705

Proposed Adoptions: Rules in 250-016

Proposed Amendments: Rules in 250-016

Proposed Repeals: Rules in 250-016

Last Date for Comment: 10-25-11, Close of Hearing

Summary: The purpose of this rule action is to review, update and clarify regulations for the outfitters and guides program.

Rules Coordinator: June LeTarte

Address: Oregon State Marine Board, P.O. Box 14145, Salem, OR 97309-5065

Telephone: (503) 378-2617

 

Rule Caption: Clarification of Boating Under the Influence of Intoxicants rules.

Stat. Auth.: ORS 830.110 & 830.505–830.550

Stats. Implemented: ORS 830.535

Proposed Amendments: 250-010-0430, 250-010-0440

Proposed Repeals: 250-010-0400, 250-010-0450, 250-010-0460

Last Date for Comment: 9-30-11, Close of Business

Summary: The purpose of the rule action is to modify and consolidate current BUII rules. Housekeeping and technical corrections to the regulations may occur to ensure rule consistency.

Rules Coordinator: June LeTarte

Address: Oregon State Marine Board, P.O. Box 14145, Salem, OR 97309-5065

Telephone: (503) 378-2617

Oregon University System,
Portland State University
Chapter 577

Rule Caption: Amends Portland State University’s Health Insurance requirements for Non-immigrant International Students and Dependants.

Stat. Auth.: ORS 351.070

Stats. Implemented: ORS 351.070

Proposed Amendments: 577-034-0001

Last Date for Comment: 9-19-11

Summary: The proposed amendments update Portland State University’s administrative rule establishing health insurance requirements for non-immigrant international students and their dependants living in the United States. These amendments provide greater detail than the current rule. A copy of the Notice of Proposed Rulemaking, Statement of Need and Fiscal Impact and the text of the proposed rules can be found at http://www.pdx.edu/fadm

Rules Coordinator: Diane Kirk

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

Telephone: (503) 725-2656

Public Utility Commission
Chapter 860

Rule Caption: In the Matter of Revising Electric Service Reliability Rules to Reflect Current National Standards.

Stat. Auth.: ORS 183, 756, & 757

Stats. Implemented: ORS 757.020

Proposed Adoptions: 860-023-0081, 860-023-0084, 860-023-0091, 860-023-0101, 860-023-0111, 860-023-0131, 860-023-0151, 860-023-0161

Last Date for Comment: 9-22-11, Close of Business

Summary: This notice of proposed rulemaking clarifies that the proposed rules listed herein are to be effective beginning January 1, 2012. The previously proposed revisions, repeals, and new provisions are rewritten to allow the current electric service reliability rules to stand in effect through December 31, 2011, and the new provisions to become effective on January 1, 2012. The rule changes noticed in the July 2011 Oregon Bulletin did not achieve the goal of leaving the current provisions in effect until the January 1, 2012, implementation of the new provisions. The Commission will make the appropriate filing to repeal the current provisions of the electric service reliability rules by December 15, 2011, to be effective on January 1, 2012.

      The Commission’s existing electric service reliability rules need to be revised to reflect the current national standards. By adopting these proposed rules, Oregon’s electric investor-owned utilities will be analyzing and reporting statistical reliability performance using one methodology - consistent with many other electrical utilities across the nation. For electric investor-owned utilities operating in various states (i.e., Idaho Power, PacifiCorp), reporting by more than one methodology is especially burdensome. Trade and other organizations need to have consistent information available that complies with national standards to compare electric utility reliability performance. The proposed rules update the Commission rules to comply with the latest version of the Institute of Electrical and Electronic Engineers (IEEE) Standard - 1366, which is the industry-recognized national standard by which electric distribution utilities are to report reliability performance. By adopting this current standard, future updates to the national standard will be more easily adopted into Oregon’s rules.

      The Commission encourages participants to file written comments as early as practicable in the proceeding so that other participants have the opportunity to consider and respond to the comments before the deadline. Please reference Docket No. AR 552 on comments and file them by e-mail to the Commission’s Filing Center at PUC.FilingCenter@state.or.us and also send a signed hard copy to the Filing Center at PO Box 2148, Salem, Oregon 97308-2418. For more information about the Commission’s Filing Center, please see http://apps.puc.state.or.us/edockets/center.htm. Interested persons may review all filings online at http://apps.puc.state.or.us/edockets/docket.asp?DocketID=16868

Rules Coordinator: Diane Davis

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

Telephone: (503) 378-4372

Secretary of State,
Archives Division
Chapter 166

Rule Caption: Clarifies procedure for agencies adopting or amending rules that incorporate published standards by reference.

Date:                         Time:                        Location:

9-21-11                  9 a.m.                       800 Summer St. NE.
                                                                           Salem, OR 97310

Hearing Officer: Julie Yamaka

Stat. Auth.: ORS 183

Stats. Implemented: ORS 183.355

Proposed Amendments: 166-500-0040

Last Date for Comment: 9-21-11, Close of Business

Summary: This rule amendment eliminates a discrepancy found between rule and ORS 183.355 by eliminating conflicting language between statute and rule.

Rules Coordinator: Julie Yamaka

Address: Secretary of State, Archives Division, 800 Summer St. NE, Salem, OR 97310

Telephone: (503) 378-5199

Secretary of State,
Corporation Division
Chapter 160

Rule Caption: EFS Master List Subscription and Registration.

Stat. Auth.: ORS 79.6070 & 79.7010

Stats. Implemented: ORS 79.6070 & 79.7010

Proposed Amendments: 160-050-0230, 160-050-0240

Last Date for Comment: 9-21-11

Summary: These rules update the manner in which the EFS Master List is produced, accessed, and what information the Master List will contain. These rules also update the fees to register as a subscriber to the Master List, and update the fees to amend the registration.

Rules Coordinator: Karen Hutchinson

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

Telephone: (503) 986-2364

Secretary of State,
Elections Division
Chapter 165

Rule Caption: Repeal of Voting System Certification.

Stat. Auth.: ORS 246.150

Stats. Implemented: ORS 246.520, 246.530, 246.540, 246.550, 246.560, 246.570, 246.580, 246.590 & 246.600

Proposed Repeals: 165-007-0250

Last Date for Comment: 9-23-11, Close of Business

Summary: This rule is proposed for repeal because the voting system standards are contained in ORS 246.560 and the the federal rules as printed in the Federal Election Commission publication: Performance and Test Standards for Punchcard, Marksense, and Direct Recording Electronic Voting Systems, revised April 2002 are out of date.

Rules Coordinator: Brenda Bayes

Address: Secretary of State, Elections Division, 255 Capitol St. NE, Suite 501, Salem, OR 97310

Telephone: (503) 986-1518

Teacher Standards and Practices Commission
Chapter 584

Rule Caption: Adopts new program approval rules as part of new division 18, expanded division 17, and amended division 10; amends definition of administrator; housekeeping issues for CTE and professional practices program.

Date:                         Time:                        Location:

9-21-11                  1 p.m.                       TSPC Office
                                                                           465 Commercial St.
                                                                           Portland, OR 97301

Hearing Officer: Lynn Beaton

Stat. Auth.: ORS 342

Stats. Implemented: ORS 342.120–342.430, 342.455–342.495 & 342.553

Proposed Adoptions: 584-010-0022, 584-017-1005, 584-017-1008, 584-017-1010, 584-017-1012, 584-017-1015, 584-017-1020, 584-017-1022, 584-017-1025, 584-017-1028, 584-017-1030, 584-017-1032, 584-017-1035, 584-017-1038, 584-017-1040, 584-017-1042, 584-017-1045, 584-017-1048, 584-017-1050, 584-017-1052, 584-017-1055, 584-018-0100, 584-018-0105, 584-018-0110, 584-018-0115, 584-018-0120, 584-018-0125, 584-018-0130, 584-018-0135, 584-018-0140, 584-018-0205, 584-018-0210, 584-018-0305, 584-018-0310, 584-018-0315, 584-018-0405, 584-018-0410, 584-018-0415, 584-018-0505, 584-018-0510, 584-018-0515

Proposed Amendments: 584-010-0001, 584-010-0006, 584-010-0010, 584-010-0015, 584-010-0020, 584-010-0025, 584-010-0030, 584-010-0035, 584-010-0045, 584-010-0050, 584-010-0055, 584-010-0060, 584-010-0090, 584-010-0100, 584-017-0441, 584-036-0055, 584-036-0081, 584-042-0008, 584-042-0012, 584-042-0021, 584-042-0031, 584-042-0036, 584-042-0044, 584-042-0051, 584-042-0081

Proposed Repeals: 584-010-0080, 584-010-0140

Last Date for Comment: 11-3-11

Summary: Agency staff and interested stakeholders have worked together to review the state unit and program accreditation standards. The proposed standards listed below are the result of this collaborative work and include rule 584-010-0022 and Divisions 17 and 18.

      ADOPT: 584-010-0022 – Procedure for New and Continued Program Review Visits

      584-017-1005 – Effective Date and Applicability to Unit Programs

      584-017-1008 – Conceptual Framework

      584-017-1010 – Request for Waiver of Rules

      584-017-1012 – Waivers of Academic Requirements and Appeals on Academic Decisions

      584-017-1015 – Knowledge Skills and Professional Dispositions Generally

      584-017-1020 – Knowledge of School Law for Licensed Educators

      584-017-1022 – Assessment Systems and Unit Evaluation

      584-017-1025 – Consortium

      584-017-1028 – Selection, Recruitment and Admission of Candidates

      584-017-1030 – Evidence of Effectiveness for Initial I Teaching License Preparation

      584-017-1032 – Evidence of Effectiveness for Continuing Teaching License Preparation

      584-017-1035 – Verification of Program Completion for All Licensure Programs

      584-017-1038 – Field Experience and Clinical Practice

      584-017-0441 – Knowledge, Skills and Abilities for Initial School Counselor

      584-017-1040 – Waivers for Practicum or Clinical Requirements in the Event of School District Closures

      584-017-1042 – Field or Clinical Experiences Generally

      584-017-1045 – Student Teaching Generally

      584-017-1048 – Internship Agreements Generally

      584-017-1050 – Diversity and Inclusion

      584-017-1052 – Faculty Qualifications, Performances and Development

      584-017-1055 – Faculty Qualifications, Performances and Development

      584-018-0100 – Objectives for Initial Teachers Generally

      584-018-0105 – Knowledge, Skills, Abilities and Cultural Competencies for Initial I Teaching Licensure

      584-018-0110 – Knowledge, Skills, Abilities and Cultural Competencies for Continuing Teaching Licensure

      584-018-0115 – Early Childhood Education Authorization

      584-018-0120 – Elementary Authorization

      584-018-0125 – Middle Level Authorization

      584-018-0130 – High School Authorization

      584-018-0135 – Endorsements Requiring Multiple Authorizations

      584-018-0140 – Adding Authorization Levels to Existing Initial and Continuing teaching Licenses

      584-018-0205 – Knowledge, Skills, Abilities and Cultural Competencies for Educational Leadership and Initial Administrator Licensure Licensure

      584-018-0210 – Knowledge, Skills, Abilities and Cultural Competencies for Educational Leadership and Continuing Administrator Licensure

      584-018-0305 – Knowledge, Skills, Abilities and Cultural Competencies for Initial School Counselor License

      584-018-0310 – Knowledge, Skills, Abilities and Cultural Competencies for Continuing School Counselor License

      584-018-0315 – Authorization Level for School Counselors

      584-018-0405 – Knowledge, Skills, Abilities and Cultural Competencies for Initial School Psychologist Licensure

      584-018-0410 – Knowledge, Skills, Abilities and Cultural Competencies for Continuing School Psychologist Licensure

      584-018-0415 – Authorization Level for School Psychologists

      584-018-0505 – Knowledge, Skills, Abilities and Cultural Competencies for Initial School Social Worker Licensure

      584-018-0510 – Knowledge, Skills, Abilities and Cultural Competencies for Continuing School Social Worker Licensure

      584-018-0515 – Authorization Level for School Social Workers

      AMEND: 584-010-0001 – Purpose of Program Approval: Updates rule to include the commission’s 2011 revision of standards and units to align with national standards for teacher preparation.

      584-010-0006 – Definitions: Updates program approval definitions including Approved Institution, Area for improvement, At Risk Unit, Low Performing Unit, and Unit. Corrects statues cited.

      584-010-0010 – Unit Accreditation for Teachers, Administrators and Personnel Service Specialists – Clarifies unit accreditation requirements and corrects statues cited.

      584-010-0015 – Preconditions for First-Time Unit or Program Approval; Updates first-time unit approval requirements. Corrects statues cited.

      584-010-0020 – Procedure for Unit Accreditation Visits. Updates procedure for Unit accreditation visits. Corrects statues cited.

      584-010-0025 – Recommendations Following Unit Accreditation: Clarifies Executive Director recommendations to the commission following a unit site visit. Recommendations include Unconditional Approval, Approval with Conditions and Probationary Approval for “at-risk institutions”. Updates statutes cited.

      584-010-0030 – Commission Action Following on-Site Review: Clarifies rule language and adds the approval of unit with an established probation period and designating the unit as “at risk institution”. Updates statues cited.

      584-010-0035 – Submitting Program Modification, Additions or Elimination to the Commission: Corrects reference to Director of Teacher Education.

      584-010-0045 – Major Modifications of Programs: Minor language corrections. Updates statues cited.

      584-010-0050 – Annual Report from the Unit: Updates due date for annual report submission to the commission. Clarifies unit reporting requirements and corrects statues cited.

      584-010-0055 – Review of Programs Not Previously Approved: Clarifies requirements for programs not previously approved by the commission.

      584-010-0060 – Denial of Program Approval and Appeal: Adds language if the commission’s decision to deny approval is accompanied with a recommendation for immediate withdrawal is necessary to protect the students, an appeal shall act as a stay of determination until final decision of the appeal.

      Updates statues cited.

      584-010-0090 – Program Completion Fast Track – Field Operation Audit: Corrects the statutes cited.

      584-010-0100 – Reports of Program Completion for the Commission: Corrects statutes cited.

      584-017-0441 – Knowledge, Skills and Abilities for Initial School Counselor: Amends program requirements for school counselor candidate programs.

      584-036-0055 – Fees: Allows the Executive Director or her designee to consider extenuating circumstances and determine when it is appropriate to waive the fee.

      584-036-0081 – Conditional Assignment Permit: Amends rule to clearly establish CAP as a license; extends fall timeline for districts to apply; clarify that new process has same flexibility for districts as original CAP; lists other options for discussion, specifically addressing whether the district or educator pays the required fee and the conditions under which a district can establish a CAP for special education.

      584-042-0008 – Five-Year Career and Technical Education Teaching License: Effective July 15, 2011, 5-year license no longer issued. However, existing 5-year CTE license holders still valid and renewable.

      584-042-0012 – Career and Technical Education Teaching License Renewal: Existing three-year CTE licensee must qualify for the CTE II upon expiration. In extenuating circumstances, CTE license holder may apply for a one-year CTE license to complete the additional requirements for renewal.

      584-042-0021 – Definitions: Clarifies definition of CTE Mentor. Corrects statutes cited.

      584-042-0031 – Career and Technical Education I Teaching License: Language clarification regarding fingerprints, and commission-approved civil rights test. Corrects statutes cited.

      584-042-0036 – Career and Technical Education II Teaching License: Clarifies CTE II license holders eligible to teach within the full scope of the CTE endorsement. Corrects statutes cited.

      584-042-0044 – Career and Technical Education Endorsement: Language clarification (3)(e), (3)(e)(B).

      584-042-0051 – Career and Technical Education (CTE) Professional Development Plan: Corrects rule sub-sections in reference rules cited and corrects coursework hours required for license.

      584-042-0081 – Career and Technical Education Restricted Substitute Teaching License: Clarifies language regarding commission-approved civil rights test. Adds requirement for teacher preparation in math and language arts.

      REPEAL: 584-010-0080 – Appeals

      584-010-0140 – Three Year and Six Year Reports

Rules Coordinator: Lynn Beaton

Address: Teacher Standards and Practices Commission, 465 Commercial St. NE, Salem, OR 97301

Telephone: (503) 373-0981

 

 

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

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

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

© 2013 State of Oregon All Rights Reserved​