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Oregon Bulletin

September 1, 2013

 

NOTICES OF PROPOSED RULEMAKING AND
PROPOSED RULEMAKING HEARINGS

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

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

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

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

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


Board of Chiropractic Examiners, Chapter 811

Rule Caption: Amend OAR 811-010-0086 Annual Registration and OAR 811-010-0110 Chiropractic Assistants

Date:   Time:   Location:

9-28-13    10:30 a.m.   Tolovana Inn      3400 S Hemlock, Tolovana Park      Cannon Beach, OR 97145

Hearing Officer: Dave McTeague

Stat. Auth.: ORS 684

Stats. Implemented: ORS 684.155(1)(b), 684.090 & 684.092

Proposed Amendments: 811-010-0086, 811-010-0110

Last Date for Comment: 9-28-13, Close of Hearing

Summary: SB 106 removed license fee maximums from statute. Doctor and Assistant fees are increasing slightly. SB 106 also creates a 30 day grace period for CA renewal similar to that which the DCs have.

Rules Coordinator: Kelly J. Beringer

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

Telephone: (503) 373-1573


Rule Caption: Second hearing for new OAR 811-010-0125 “Master of the Ship”

Date:   Time:   Location:

11-21-13    1:30 p.m.   OBCE Office       Morrow Crane Bldg.      3218 Pringle Rd. SE      Salem, OR 97302

Hearing Officer: Dave McTeague

Stat. Auth.: ORS 684

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

Proposed Adoptions: 811-010-0125

Last Date for Comment: 11-21-13, 1:30 p.m.

Summary: New 811-010-0125 proposes to provide chiropractic clinic owners share responsibility for employee/associate compliance.

Rules Coordinator: Kelly J. Beringer

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

Telephone: (503) 373-1573


Rule Caption: Second hearing for OAR 811-015-0005 Records

Date:   Time:   Location:

11-21-13    1:30 p.m.   OBCE Office       Morrow Crane Bldg.      3218 Pringle Rd. SE      Salem, OR 97302

Hearing Officer: Dave McTeague

Stat. Auth.: ORS 684

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

Proposed Amendments: 811-015-0005

Last Date for Comment: 11-21-13, Close of Hearing

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

Rules Coordinator: Kelly J. Beringer

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

Telephone: (503) 373-1573


Board of Medical Imaging, Chapter 337

Rule Caption: Create a post-primary temporary license category for current licensees to add modalities to their licenses.

Stat. Auth.: ORS 688.555

Stats. Implemented: ORS 688.520

Proposed Amendments: 337-010-0045

Last Date for Comment: 9-23-13, 4:30 p.m.

Summary: This rule will add a category of post-primary temporary licensure to allow persons who are already licensed in one modality to obtain a temporary license in a different modality, to allow licensees to work under supervision in the different modality in order to complete clinical requirements necessary to sit for a national credentialing examination. This new post-primary temporary license will be valid for a maximum of 24 months.

Rules Coordinator: Ed Conlow

Address: Board of Medical Imaging, 800 NE Oregon St., Suite 1160A, Portland, OR 97232

Telephone: (971) 673-0216


Board of Psychologist Examiners, Chapter 858

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

Date:   Time:   Location:

9-16-13    10 a.m.   3218 Pringle Rd. SE, Suite 130      Salem, OR 97302

Hearing Officer: LaReé Felton

Stat. Auth.: ORS 675.010–675.150

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

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

Last Date for Comment: 9-23-13, 12 p.m.

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

Rules Coordinator: LaReé Felton

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

Telephone: (503) 373-1196


Commission for the Blind, Chapter 585

Rule Caption: Modify Public Records Rule

Stat. Auth.: ORS 346.150

Other Auth.: ORS 183.341

Stats. Implemented: ORS 346.150

Proposed Amendments: 585-001-0007, 585-001-0008

Proposed Repeals: 585-001-0009

Last Date for Comment: 9-27-13, 5 p.m.

Summary: 585-001-0007 and 585-001-0008: Requests of Department Public Records and Fees for Public Records and Other Services — amending this rule will provide additional detail in regards to its public records requests.

   585-001-0009: Release of Public Records — this rule will be repealed.

Rules Coordinator: Dacia Johnson

Address: Commission for the Blind, 535 SE 12th Ave., Portland, OR 97214

Telephone: (971) 673-1588


Department of Agriculture, Chapter 603

Rule Caption: Harmonizes Oregon’s hop disease quarantine with Washington’s and adds civil penalties for quarantine violations.

Stat. Auth.: ORS 561 & 570.305

Stats. Implemented: ORS 561.190, 561.510–561.561.600 & 570.305

Proposed Amendments: 603-052-1020

Last Date for Comment: 9-24-13, 5 p.m.

Summary: The proposed amendments would harmonize Oregon’s hop disease quarantine with Washington’s. Washington’s hop disease quarantine includes arabis mosaic viruses, hop stunt viroid, ilarviruses, and Verticillium wilt caused by hop strains of Verticillium albo-atrum, as well as hop powdery mildew. The proposed amendments adds these pathogens to Oregon’s quarantine. Also, a requirement to clean used hop farming equipment entering the state has been added to the section on Commodities Covered, the language in the section for Special Permits has been amended to match existing regulatory language, and the authority to invoke Civil Penalties has been added to the section on Disposition of Commodities in Violation of Quarantine. The Civil Penalty authority was added at the Oregon Hop Commission’s request.

Rules Coordinator: Sue Gooch

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

Telephone: (503) 986-4583


Rule Caption: Amends rule governing the Willamette Valley Protected District to comport with HB 2427 (2013).

Stat. Auth.: ORS 561.190, 570.405, 570.412, 570.415, 570.450 & HB 2427 (2013)

Other Auth.: ORS 561.280

Stats. Implemented: HB 2427 (2013), ORS 570.405, 570.410, 570.412, 570.415 & 570.450

Proposed Amendments: 603-052-0861, 603-052-0862, 603-052-0870, 603-052-0880, 603-052-0901, 603-052-0921

Proposed Repeals: 603-052-0882

Last Date for Comment: 9-24-13, 5 p.m.

Summary: The proposed changes to the rules governing Rapeseed Production Districts comport with HB 2427 from 2013 Oregon Legislative Session. This proposal repeals the rules governing The Willamette Valley Protected District. The Department will rely on the clear legislative directive in HB 2427 (2013 Legislative Session) for the administration of the Willamette Valley Protected District.

   Other amendments to this rule assure the definition of rapeseed is compatible with the definition of “canola” in HB 2427 (2013 Legislative Session), delete the link to a pdf file with a map of the former Willamette Valley Protected District, specify the Willamette Valley Protected District is governed by HB 2427 (2013 Legislative Session) rather than the rules of the Oregon Department of Agriculture, and delete references to rapeseed production contracts.

Rules Coordinator: Sue Gooch

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

Telephone: (503) 986-4583


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

Rule Caption: 2014 Workers’ Compensation Premium Assessment Rates

Date:   Time:   Location:

9-24-13    2 p.m.   Labor & Industries Bldg.      350 Winter St. NE,       Conference Rm. F      Salem, OR 97301

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: 9-27-13, 5 p.m.

Summary: Each year DCBS adopts by rule the workers’ compensation premium assessment rate that is paid by employers to fund workers’ compensation and workplace safety and health programs. The rule also adopts the rate for an additional amount that is collected from all self-insured employers and self-insured employer groups to fund the Self-Insured Employers Adjustment Reserve and the Self-Insured Employer Group Adjustment Reserve. These funds ensure worker benefits are available in the event of a financial failure of a self-insured employer or self-insured employer group. Before recommending the 2014 rate, the department must analyze this financial data and review and authorize a proposed workers’ compensation pure premium rate filing filed by the National Council on Compensation Insurance. We expect the recommendation for the 2014 premium assessment rates to be announced in mid-September 2013.

   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 Jenny Craig, Rules Coordinator; phone 503-947-7866, fax 503-378-6444, or e-mail jenny.m.craig@state.or.us.

Rules Coordinator: Jenny Craig

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, Oregon Occupational Safety and Health Division, Chapter 437

Rule Caption: Adopt federal OSHA amendments to Cranes and Derricks in Construction: Underground Construction and Demolition

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

Stats. Implemented: ORS 654.001–654.295

Proposed Amendments: 437-003-0001

Proposed Repeals: 437-003-0080

Last Date for Comment: 9-30-13, Close of Business

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

   Oregon OSHA is proposing to amend 29 CFR 1926.800 Underground Construction, in Division 3/S; 1926.856 Removal of walls, floors, and material with equipment, in Division 3/T; and 1926.858 Removal of steel construction, also in Division 3/T, with changes as published in the April 23, 2013 Federal Register. With this rulemaking, Federal OSHA has clarified text in the demolition standard and applies the cranes and derricks standard to underground construction work and demolition work.

   Oregon OSHA proposes to repeal 437-003-0080 Wind Velocity Device. We inadvertently left this rule in the former Division 3/DD. Subdivision DD was removed in Oregon earlier this year with rulemaking from the August 17, 2012 Federal Register. The substance of 437-003-0080 is addressed now in Cranes and Derricks in Construction, subdivision CC.

   Oregon OSHA proposes to make these changes in Division 3, Construction (Subdivisions S and T).

   Please visit our website: www.orosha.org

   Click ‘Rules’ 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: OAR Chapter 438 provisions regarding Hearings Division, technology/response, and Claim Disposition Agreement concepts.

Date:   Time:   Location:

10-4-13    10 a.m.   2601 25th St. SE, Suite. 150      Salem, OR 97302

Hearing Officer: Debra L. Young

Stat. Auth.: ORS 656.291(4), 656.307, 656.388, 656.593 & 656.726(5)

Stats. Implemented: ORS 656.012(2), 656.236, 656.262(4), 656.268(8), 656.283(4), (5)(a), (8), (9), 656.287, 656.283(8), 656.291, 656.307, 656.310(2), 656.388, 656.593, 656.724(4) & 656.726(2)(c), (5)

Proposed Amendments: 438-005-0035, 438-005-0046, 438-006-0020, 438-006-0031, 438-006-0036, 438-006-0045, 438-006-0062, 438-006-0075, 438-007-0005, 438-007-0018, 438-007-0020, 438-009-0020

Proposed Repeals: 438-006-0105

Last Date for Comment: 10-4-13, 5 p.m.

Summary: The Board proposes to: (1) Amend OAR 438-005-0035, 438-006-0031, 438-006-0036, and 438-006-0045 to provide the Board’s policy to promote full and complete disclosure of parties’ positions regarding issues raised, relief sought, and responses to such issues/relief (but without creating binding admissions on any party) and to provide “motion for clarification” procedures to achieve such disclosure policy; (2) Amend OAR 438-005-0046 and 438-006-0036 to allow parties to file/serve electronic “responses” to issues raised in a hearing request; (3) Amend OAR 438-006-0020 to provide for the exceptions under ORS 656.283(4)(b) to the 60-day notice of hearing requirement under ORS 656.283(4)(a); (4) Amend OAR 438-006-0062 to list the purposes for prehearing conferences in section (1), to provide more flexibility in scheduling prehearing conferences in section (2), to allow only the claimant to participate in a prehearing conference without an attorney in section (3), and to delete sections [(3)], (4) and (5); (5) Amend OAR 438-006-0075(1) for clarity and readability purposes; (6) Repeal OAR 438-006-0105, which conflicts with ORS 656.283(3)(a)(B); (7) Amend OAR 438-007-0005 to delete section (1); (8) Amend OAR 438-007-0018 to add a new section (4) specifying that filing exhibits at hearing does not establish that the carrier is the sponsor of such documents and that the claimant is automatically entitled to cross-examine the author of documents filed by the carrier; (9) Amend OAR 438-007-0020(6)(b) to correct the Ombudsman’s title and phone number and the Board’s phone number in the subpoena appeal notice; and (10) amend OAR 438-009-0020(3) to add “or Administrative Law Judge who mediated the agreement” to the first signature line of the CDA approval paragraph.

Rules Coordinator: Karen Burton

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

Telephone: (503) 934-0123


Department of Consumer and Business Services, Workers’ Compensation Division, Chapter 436

Rule Caption: Amendment of rules governing electronic data interchange (EDI) for reporting medical bill data

Date:   Time:   Location:

9-24-13    9 a.m.   Labor & Industries Bldg., Rm. F      350 Winter St. NE      Salem, OR

Hearing Officer: Fred Bruyns

Stat. Auth.: ORS 656.264 & 656.726(4)

Stats. Implemented: ORS 84, 656.264 & 656.726(4)

Proposed Adoptions: Rules in 436-160

Proposed Amendments: Rules in 436-160, 436-160-0001, 436-160-0004, 436-160-0005, 436-160-0040, 436-160-0060, 436-160-0405, 436-160-0410, 436-160-0415, 436-160-0420, 436-160-0430, 436-160-0440, 436-160-0445

Proposed Repeals: Rules in 436-160, 436-160-0002, 436-160-0003, 436-160-0006, 436-160-0010, 436-160-0020, 436-160-0030, 436-160-0050, 436-160-0070, 436-160-0090

Last Date for Comment: 9-27-13, Close of Business

Summary: Proposed amendments include:

   - Consolidation of rules regarding authority, application, purpose, and administration;

   - Adoption of the

   -- International Association of Industrial Accident Boards and Commissions, EDI Implementation Guide for Medical Bill Payment Records, Release 2.0, dated Feb 1, 2013, and the

   -- ASC (Accredited Standards Committee) X12 Implementation Acknowledgment for Health Care Insurance (999), dated February 2011;

   - Definition of terms relevant to existing and updated reporting standards;

   - Repeal of obsolete reporting standards and standards applicable to proof-of-coverage reporting;

   - Requirements for use of Form 4015, the Medical Billing Data EDI Trading Partner Profile;

   - Criteria for successful testing, to include an acceptance rate of 90%;

   - Explanation that a list of insurers required to report medical bill data is published in Bulletin 359 and that other insurers may voluntarily report medical bill data;

   - Expanded tables of data elements and reporting criteria; and

   - Plain-wording changes to improve clarity and consistency.

Rules Coordinator: Fred Bruyns

Address: Department of Consumer and Business Services, Workers’ Compensation Division, PO Box 14480, Salem, OR 97309-0405

Telephone: (503) 947-7717


Department of Corrections, Chapter 291

Rule Caption: Non-Cash Incentives for Inmates in Department of Corrections Institutions

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

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

Proposed Amendments: 291-077-0035

Last Date for Comment: 10-18-13, 5 p.m.

Summary: The department has developed non-cash incentives to encourage pro-social behavior among inmates and to motivate inmates toward positive institutional behavior and program compliance. These modifications are necessary to update the privileges and services available to inmates to increase the effectiveness of the use of incentives in managing inmate behavior.

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: Amending EIP rules to increase the application fee, final review fee and pass-through fee.

Date:   Time:   Location:

9-23-13    9 a.m.   Oregon Department of Energy      625 Marion St. NE      Salem, OR 97301

Hearing Officer: Elizabeth Ross

Stat. Auth.: ORS 469.040, 469B.164, 469B.259, 469B.265, 469B.294, 469B.306, 469B.335 & 469B.347

Stats. Implemented: ORS 469B.130–469B.347, 315.331, 315.336 & 315.354–315.357

Proposed Amendments: 330-090-0150, 330-200-0040, 330-210-0040, 330-220-0040, 330-225-0040

Last Date for Comment: 9-23-13, 5 p.m.

Summary: The above referenced statutes direct the Oregon Department of Energy to estimate the total cost of the energy incentive programs and set fees to recover the anticipated cost of administering and enforcing the program. The fees are designed not to exceed the total cost estimated by the department. Recently with changes in the program and complexity of applications, the department has not collected fees sufficient to recover the actual cost of the program. The proposed energy incentive program fees were explained and included in the budget approved by the legislature as part of the 2013–2015 budget process. The rule amendments propose adoption of the fee increases for the application, final review and pass-through fees for the renewable energy development grant, energy conservation tax credit and transportation tax credits. The rule amendments also remove the re-inspection fee for tax credits and grants. The planned effective date for the proposed rules and change in fees is October 2, 2013.

   A call-in number is available for the public hearing, please see website for details: http://www.oregon.gov/energy/CONS/Pages/Rulemaking-Energy_Incentive_Program.aspx

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: Updating Oregon’s Civil Penalty Rules

Date:   Time:   Location:

9-17-13    2 p.m.   DEQ      811 SW Sixth Ave.      Portland OR

Hearing Officer: Jenny Root

Stat. Auth.: ORS 183.335, 183.341, 183.452, 192.410-505, 195.305, 454, 454.050, 454.625, 459.045, 459.376, 459.995, 459A.585, 459A.590, 465.280, 465.400-410, 466, 466.070-080, 466.625, 466.720, 466.746, 466.882, 466.858-994, 467, 467.030, 468.020, 468.065, 468.090-140, 468.996, 468A , 468A.025, 468A.045, 468A.327, 468B, 468B.015, 468B.035, 468B.350 & 783.620-992

Stats. Implemented: ORS 183.025, 183.090, 183.335, 183.341, 183.390, 183.410, 183,413, 183.415, 183.425, 183.440, 183.450, 183.452, 183.457, 183.460, 183.464, 183.470, 183.480, 183.482, 183.484, 183.745, 183.090, 192.410-440, 192.501, 192.502, 197.352, 454, 454.635, 454.645, 459, 459.205, 459.376, 459.705-790, 459.992, 459.995, 459A.580-585, 459A.590, 459A.665, 459A.660, 459A.685, 465, 465.021, 465.210, 465.900, 465.992, 466, 466.210, 466.255, 466.265-270, 466.530, 466.635-680, 466.706-835, 466.858-895, 466.990-994, 467.050, 467.990, 468, 468.020, 468.035, 468.070, 468.090-140, 468.996, 468A, 468A.020, 468A.025, 468A.060, 468A.990, 468A.992, 468B, 468B.025, 468B.220, 468B.305, 468B.450, 783.620 & 783.992

Proposed Amendments: 340-011-0005, 340-011-0010, 340-011-0024, 340-011-0029, 340-011-0046, 340-011-0053, 340-011-0061, 340-011-0310, 340-011-0330, 340-011-0340, 340-011-0360, 340-011-0370, 340-011-0380, 340-011-0390, 340-011-0500, 340-011-0510, 340-011-0515, 340-011-0520, 340-011-0525, 340-011-0530, 340-011-0535, 340-011-0540, 340-011-0545, 340-011-0550, 340-011-0555, 340-011-0565, 340-011-0570, 340-011-0573, 340-011-0575, 340-011-0580, 340-011-0585, 340-012-0026, 340-012-0027, 340-012-0028, 340-012-0030, 340-012-0038, 340-012-0041, 340-012-0045, 340-012-0053, 340-012-0054, 340-012-0055, 340-012-0060, 340-012-0065, 340-012-0066, 340-012-0067, 340-012-0068, 340-012-0071, 340-012-0072, 340-012-0073, 340-012-0074, 340-012-0079, 340-012-0081, 340-012-0082, 340-012-0083, 340-012-0097, 340-012-0130, 340-012-0135, 340-012-0140, 340-012-0145, 340-012-0150, 340-012-0155, 340-012-0160, 340-012-0162, 340-012-0165, 340-012-0170,340-200-0040

Proposed Repeals: 340-011-0605

Last Date for Comment: 9-20-13, 5 p.m.

Summary: DEQ proposes the following changes to chapter 340 of the Oregon Administrative Rules.

   • Division 011 amendments would:

   -Align with the Oregon Attorney General Model Rules under OAR 340-003-0501 through 0690. The Model Rules that apply to Environmental Quality Commission proceedings became effective Jan. 31, 2012.

   -Address procedures for filing and service of documents in contested cases and other general contested case proceedings.

   -Establish a new fee for onsite septic system program public records requests. This would allow DEQ to recover the costs of fulfilling such requests.

   -Repeal OAR 340-011-0605 that became obsolete in 2007 with the passage of Measure 49. Measure 49 substantially reduced the impact of Measure 37 and the required director’s review.

   -Make minor housekeeping changes.

   • Division 012 amendments would implement 2009 Oregon legislation that increased DEQ’s civil penalty statutory maximums, many last updated in 1973. To implement the enhanced penalty authority, DEQ must amend Division 012 rules. Other proposed changes include aligning violation classification and magnitudes with DEQ program priorities, providing greater mitigating credit for correcting violations, and housekeeping that includes eliminating duplicative text.

   • Division 200 amendments would update the Oregon Clean Air Act State Implementation Plan. Section 110 of the Clean Air Act, 42 U.S.C. ¦7410, requires state and local air pollution control agencies to adopt federally approved control strategies to minimize air pollution. The resulting body of regulations is a State Implementation Plan or “SIP”. By incorporating updated civil penalties and violations, these proposed rules would be a revision to Oregon’s SIP. DEQ must submit rule changes to EPA and EPA must approve the rules as meeting the requirements of the Clean Air Act. After the Oregon Environmental Quality Commission amends the proposed rule, DEQ will submit SIP revisions to EPA for approval.

   If approved, this proposal would:

   Civil penalty matrices (OAR 340-012-0140)

   • Increase the top base penalty in the current $8,000 penalty matrix to $12,000

   • Increase the top base penalty in the current $6,000 penalty matrix to $8,000

   • Increase the top base penalty in the current $2,500 penalty matrix to $3,000

   • No changes to the current $1,000 penalty matrix

   Change to factors in the civil penalty formula (OAR 340-012-0145) by:

   • Increasing credit for the “C” factor to apply mitigating credit for a violator’s efforts to correct violations

   • Expanding the use of the “M” factor to assign a broader range of penalty aggravation when considering the mental state of the violator

   Increase additional or alternate penalties for violations that pose an extreme hazard to public health or cause extensive environmental damage (OAR 340-012-0155)

   Base penalties in this category would increase from $50,000 to $100,000 to a new range of $100,000 to $200,000 depending on whether violations are caused intentionally, recklessly or flagrantly.

   Increase administrative penalty maximums to $100,000 for certain spill violations of oil or hazardous materials

   Penalties for intentionally or negligently spilling oil or hazardous materials into waters of the state, or intentionally or negligently failing to clean up such spills would increase from a maximum of $20,000 to a maximum of $100,000. In addition, a final penalty would be determined according to a new formula and additional factors not in the current rule.

   Establish a base fee for onsite septic system program public records requests

   Currently DEQ may only charge for public records requests if they require more than 15 minutes of staff time. DEQ estimates that public records requests in the onsite septic system program require 50 to 75 hours of staff time per month. Few requests exceed the 15-minute threshold; therefore, DEQ receives little revenue to cover the costs for this work. This amendment would allow DEQ to recover the costs for fulfilling these public records requests.

Rules Coordinator: Maggie Vandehey

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

Telephone: (503) 229-6878


Rule Caption: Corrections and Clarifications to Toxics Water Quality Standards

Date:   Time:   Location:

9-18-13    6 p.m.   DEQ      811 SW Sixth Ave.      Portland, OR

Hearing Officer: DEQ staff

Stat. Auth.: ORS 468.020, 468B.030, 468B.035 & 468B.048

Stats. Implemented: ORS 468B.030, 468B.035 & 468B.048

Proposed Amendments: 340-041-0033, 340-041-0009, 340-040-0020, 340-040-0080

Last Date for Comment: 9-30-13, 5 p.m.

Summary: DEQ proposes revisions to the water quality standards rules for toxic substances to correct and clarify the standards. Revisions to water quality standards require EPA approval before the revisions become effective for Clean Water Act programs. The proposed rules correct several toxic pollutant criteria that EPA recently disapproved and address other minor revisions to the Toxic Substances rule. EPA disapproved criteria for 11 pesticides based on potentially conflicting information in regards to how the frequency and duration components of these criteria are expressed. DEQ expects that clarifying this aspect of the criteria will lead to EPA approval of 36 pesticide criteria values associated with 11 pesticides. DEQ also proposes to correct an error in the expression of freshwater selenium criteria and is re-proposing freshwater and saltwater arsenic criteria and chromium VI saltwater criteria that were inadvertently left off the criteria table during a 2007 rulemaking. DEQ is also correcting typographical errors made during the 2011 Human Health Toxics Rulemaking.

   In addition, DEQ proposes to move all effective aquatic life criteria from Tables 20, 33A, and 33B into a new aquatic life criteria table, Table 30, and to refer to the new table in the Toxic Substances rule language. As a result, Tables 20, 33A, and 33B are no longer needed and would be repealed under this proposal. DEQ also proposes to delete aluminum from Table 30 to reflect EPA’s disapproval of the freshwater criteria for aluminum because the disapproval renders the criteria ineffective and there are no other criteria for aluminum. DEQ anticipates adopting revised freshwater criteria for aluminum in a future rulemaking process.

   DEQ anticipates that EPA will take action on the following water quality standard revisions proposed in this rulemaking before they become effective under the Clean Water Act: (1) revisions to pesticides and selenium criteria; (2) reinstatement of arsenic and chromium VI criteria and the associated conversion factors; (3) deletion of aluminum criteria; and (4) revisions to the Toxic Substances rule in OAR 340-041-0033. EPA will likely take an action on the editorial and formatting changes in this proposal, but not on the underlying criteria that were previously approved. Ultimately, EPA will determine which water quality standards it must formally approve or disapprove.

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: Establish 2014 Seasons and Regulations for Game Mammals; Implement Oregon Landowner Damage Program

Date:   Time:   Location:

10-4-13    8 a.m.   Hallmark Resort      744 SW Elizabeth St.      Newport, OR 97365

Hearing Officer: Oregon Fish & Wildlife Commission

Stat. Auth.: ORS 496.012, 496.138, 496.146, 496.162 & HB 2027 (2013)

Stats. Implemented: ORS 496.012, 496.138, 496.146, 496.162 & HB 2027 (2013)

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: 10-4-13, Close of Business

Summary: Establish 2014 hunting regulations for game mammals, including season dates, open areas, location of cooperative travel management areas, wildlife areas, and other rules including, but not limited to, general hunting, and controlled hunt regulation. Adopt rules to implement HB 2027 (2013) which creates the Oregon Landowner Damage Program.

Rules Coordinator: Therese Kucera

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

Telephone: (503) 947-6033


Rule Caption: Amend Rules for Delays to Start of Commercial Ocean Dungeness Crab Fishery Seasons

Date:   Time:   Location:

10-4-13    8 a.m.   Hallmark Inn       744 SW Elizabeth St.      Newport, OR 97365

Hearing Officer: Oregon Fish & Wildlife Commission

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129

Stats. Implemented: ORS 506.109, 506.129 & 508.306

Proposed Adoptions: Rules in 635-005

Proposed Amendments: Rules in 635-005

Last Date for Comment: 10-4-13, 8 a.m.

Summary: This rule amendment will implement, by Oregon Administrative Rule, changes to the Pre-Season Testing Protocol for the Commercial Dungeness Crab Fishery (Protocol). The Protocol is a written agreement between the states of Washington, Oregon, and California fish and wildlife agencies, describing the process and criteria for coordinating delays in the start date of the commercial ocean Dungeness crab fishery beyond December 1st in the area from Point Arena, CA up to the US/Canada border. Changes to the protocol were recommended by industry advisors and mutually agreed to by the three agencies’ representatives at the May 2013 meeting of the Coastal Dungeness Crab Tri-State Committee. 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: Columbia River Basin Salmon, Steelhead and Sturgeon Recreational Fishing Endorsement Fees

Date:   Time:   Location:

10-4-13    8 a.m.   Hallmark Inn       744 SW Elizabeth St.      Newport, OR 97365

Hearing Officer: Oregon Fish & Wildlife Commission

Stat. Auth.: ORS 496.138, 496.146, 506.045, 506.119, 509.230

Stats. Implemented: ORS 496.162, 506.109, 506.129, 509.230, SB 830 (2013)

Proposed Adoptions: Rules in 635-011, 635-013, 635-014, 635-017, 635-018, 635-019, 635-023

Proposed Amendments: Rules in 635-011, 635-013, 635-014, 635-017, 635-018, 635-019, 635-023

Last Date for Comment: 10-4-13, 8 a.m.

Summary: The rule amendments will implement, by Oregon Administrative Rule, changes to the fees charged for recreational fishing licenses for waters within the Columbia River Basin. The passage of SB 830 (2013) required additional license fees, in the form of an endorsement, be charged when fishing for salmon, steelhead or sturgeon within the Columbia River Basin. Housekeeping and technical corrections to the regulations may occur to ensure rule consistency.

Rules Coordinator: Therese Kucera

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

Telephone: (503) 947-6033


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

Rule Caption: Adoption of Integrated Employment Services to Individuals with Intellectual and Developmental Disabilities

Date:   Time:   Location:

9-16-13    1:30 p.m.   Human Services Bldg., Rm. 457      500 Summer St. NE      Salem, OR 97301

Hearing Officer: Jennifer Bittel

Stat. Auth.: ORS 409.050

Stats. Implemented: ORS 409.050

Proposed Adoptions: 407-025-0000 – 407-025-0120

Last Date for Comment: 9-23-13, 5 p.m.

Summary: On April 16, 2013, Governor Kitzhaber issued Executive Order No. 13-04 (EO 13-04), Providing Employment Services to Individuals with Intellectual and Developmental Disabilities (I/DD). Executive Order 13-04 prescribes an array of strategies and desired outcomes related to improving employment services for individuals with I/DD. These rules (OAR 407-025-0000 to 407-025-0120) effectuate the Executive Order and describe the strategies the Department shall implement to support achieving desired outcomes related to improving employment services for individuals with I/DD.

   Proposed rules are available on the Department of Human Services website: http://www.orgeon.gov/DHS/admin/dwssrules/index.shtml. For hardcopy requests, call: (503) 947-5250.

Rules Coordinator: Jennifer Bittel

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

Telephone: (503) 947-5250


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

Rule Caption: Hospice Services in Medicaid Nursing Facilities

Date:   Time:   Location:

9-16-13    10:30 a.m.   Human Services Bldg.      500 Summer St. NE, Rm. 160      Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 410.070 & 414.065

Other Auth.: 42 USC 1396A & 1905

Stats. Implemented: ORS 410.070 & 414.065

Proposed Amendments: 411-070-0140

Proposed Repeals: 411-070-0140(T)

Last Date for Comment: 9-23-13, 5 p.m.

Summary: The Department of Human Services (Department) is proposing to amend OAR 411-070-0140 to make permanent the changes adopted by temporary rule effective May 1, 2013 that changed the rate paid to Medicare certified hospice providers for services provided in Medicaid certified nursing facilities to be in compliance with 42 USC 1396A and 1905.

   Effective May 1, 2013, hospice providers were paid a rate equal to 100 percent of the rate that the nursing facility would otherwise receive. The hospice provider is then solely responsible for reimbursing the nursing facility.

Rules Coordinator: Christina Hartman

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

Telephone: (503) 945-6398


Rule Caption: Adult Foster Homes for Individuals with Intellectual or Developmental Disabilities

Date:   Time:   Location:

9-16-13    11 a.m.   Human Services Bldg.      500 Summer St. NE, Rm. 160      Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 409.050, 410.070, 443.725, 443.730, 443.735, 443.738, 443.742, 443.760, 443.765, 443.767, 443.775 & 443.790

Other Auth.: 42 CFR 455 & 489, ORS 127.520, 181.534, 181.537, 430.735 & 443.004

Stats. Implemented: ORS 443.705–443.825

Proposed Adoptions: 411-360-0055

Proposed Amendments: 411-360-0010, 411-360-0020, 411-360-0030, 411-360-0040, 411-360-0050, 411-360-0060, 411-360-0070, 411-360-0080, 411-360-0090, 411-360-0110, 411-360-0120, 411-360-0130, 411-360-0140, 411-360-0160, 411-360-0170, 411-360-0180, 411-360-0190, 411-360-0200, 411-360-0210, 411-360-0220, 411-360-0230, 411-360-0240, 411-360-0250, 411-360-0260, 411-360-0270,411-360-0275, 411-360-0280, 411-360-0290, 411-360-0300, 411-360-0310

Proposed Repeals: 411-360-0090(T), 411-360-0100, 411-360-0150

Last Date for Comment: 9-23-13, 5 p.m.

Summary: The Department of Human Services (Department) is proposing to update the rules for adult foster homes for individuals with intellectual or developmental disabilities (AFH-DD) in OAR chapter 411, division 360.

   The proposed rules:

   • Make permanent the April 1, 2013 temporary rulemaking that aligned the background check requirements with the annual background check requirements for foster homes for children with intellectual or developmental disabilities and foster homes for older adults and adults with physical disabilities;

   • Clarify Medicaid Provider Enrollment Agreements, the circumstances for denial or termination of enrollment, and the service requirements for individuals who are or become eligible for Medicaid services;

   • Specify that any providers may not be listed on the Office of Inspector General’s or General Services Administration’s Exclusion Lists;

   • Define ownership interest and indirect ownership interest;

   • Clarify access to an AFH-DD and resident records by the Centers for Medicare and Medicaid Services (CMS);

   • Require carbon monoxide alarms and CPR and First Aid certification;

   • Comply with Oregon Fire Code requirements related to fire and life safety;

   • Comply with ORS 305.385 relating to the effect of the Department of Revenue’s determination on taxpayer status; and

   • Include changes to the definitions, financial information required by an applicant or licensee, classification and capacity of a home, portability of background check approvals, qualification and training requirements, respite services, and correction of violations to provide clarification, reflect current practices, improve readability, and establish consistency with other Department rules.

Rules Coordinator: Christina Hartman

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

Telephone: (503) 945-6398


Department of Human Services, Child Welfare Programs, Chapter 413

Rule Caption: Changing OARs affecting Child Welfare programs

Date:   Time:   Location:

9-23-13    8:30 a.m.   500 Summer St. NE, Rm. 254      Salem, OR

Hearing Officer: Annette Tesch

Stat. Auth.: ORS 409.050, 418.005 & 418.240

Stats. Implemented: ORS 409.010, 418.205–418.325 & 418.990–418.998

Proposed Adoptions: 413-215-0918, 413-215-0992

Proposed Amendments: 413-215-0911, 413-215-0916, 413-215-0921, 413-215-0926, 413-215-0931, 413-215-0936, 413-215-0941, 413-215-0946, 413-215-0951, 413-215-0961, 413-215-0976, 413-215-0981, 413-215-0996, 413-215-1006, 413-215-1011, 413-215-1016, 413-215-1026, 413-215-1031

Last Date for Comment: 9-24-13, 5 p.m.

Summary: These rules about licensing outdoor youth programs are being amended to recognize the treatment value of the outdoor youth wilderness experience and ensure additional safety elements are in place, including gathering additional information about each youth as well as recognizing and treating issues which may arise. OAR 413-215-0911 about definitions is being amended to modify the definition of an outdoor youth program. OAR 413-215-0916 about administration is being amended to modify what is required to be in the file on each youth in the program. OAR 413-215-0918 about consents, disclosures, and authorizations is being adopted to establish consent, disclosure, and authorization requirements for outdoor youth programs. OAR 413-215-0921 about participant clothing, equipment, and supplies is being amended to take a more pragmatic approach to the change of clothing requirements. OAR 413-215-0926 about water requirements is being amended to require documentation when water from a natural source is sanitized and set out requirements for use of electrolytes. OAR 413-215-0931 about nutritional requirements is being amended to establish restrictions on the use of food must not be used for behavior modification purposes and requirements about uninterrupted time for each meal. OAR 413-215-0936 about safety is being amended to require outdoor youth programs to follow their safety policies and procedures, and to have and follow policies and procedures about health, nutrition, hydration, and physical stress management. OAR 413-215-0941 about potential weapons is being amended to revise the supervision requirements when youth are using potential weapons. OAR 413-215-0946 about contraband is being amended to revise the requirements concerning possession of these items by staff of an outdoor youth program. OAR 413-215-0951 about searches is being amended so the rule does not regulate searches of staff members nor set requirements unique to initial intake inspections. OAR 413-215-0961 about health services is being amended to revise its requirements concerning the required physical examination to participate in outdoor youth program activities, the required medical information staff in the field must have with them, the storage requirements for medications in the field, and to require policies and procedures about contingency planning in the event of medications being lost or destroyed in the field. OAR 413-215-0976 about physical activity limits and requirements is being amended to add additional requirements to ensure that physical activity does not exceed the physical capability of a youth and additional requirements concerning acclimation to the environment. OAR 413-215-0981 about staff training is being amended to provide more specific training requirements for behavior management and wilderness health issues. OAR 413-215-0992 about referral and initial evaluation of youth is being adopted to establish the requirements of outdoor youth programs for policies about referral and exclusion, and incorporate the policy about initial evaluation which is being relocated from OAR 413-215-0996. OAR 413-215-0996 about program services is being amended to revise its requirements for admissions assessments of youth with mental health issues, remove requirements being relocated to OAR 413-215-0992, and set out additional requirements for service planning. OAR 413-215-1006 about field outdoor youth program activities is being amended to include additional requirements about debriefing of outdoor youth program staff after they return from the field. OAR 413-215-1011 about communication is being amended to reduce the amount of time a field group from an outdoor youth program may be away from the ability to make contact with emergency services. OAR 413-215-1016 about work is being amended to place additional restrictions on outdoor youth programs on their use of non-vocational work assignments. OAR 413-215-1026 about solo experiences in outdoor youth programs is being amended to revise its requirements about emergency plans for these experiences. OAR 413-215-1031 about behavior management is being amended to place additional requirements on the use of time outs by outdoor youth programs.

   In addition, the above rules may also be changed to reflect new Department terminology and to correct formatting and punctuation.

   Written comments may be submitted until September 24, 2013 at 5:00 p.m. Written comments may be submitted via e-mail to Annette.Tesch@state.or.us, faxed to 503-373-7032, or mailed to Annette Tesch, Rules Coordinator, DHS - Child Welfare Programs, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The Department provides the same consideration to written comment as it does to any oral or written testimony provided at the public hearing.

Rules Coordinator: Annette Tesch

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

Telephone: (503) 945-6067


Rule Caption: Changing OARs affecting Child Welfare programs

Date:   Time:   Location:

9-23-13    10 a.m.   500 Summer St. NE, Rm. 254      Salem, OR

Hearing Officer: Annette Tesch

Stat. Auth.: ORS 409.050, 418.005, 418.240 & 418.327

Stats. Implemented: ORS 409.010, 418.005, 418.240 & 418.327

Proposed Repeals: 413-200-0000, 413-200-0010, 413-200-0020, 413-200-0030, 413-200-0040, 413-200-0050

Last Date for Comment: 9-24-13, 5 p.m.

Summary: OAR 413-200-0000 about the purpose of response to assessment of child abuse reports in private child care agencies and private residential schools, OAR 413-200-0010 about the definitions used in these rules, OAR 413-200-0020 about the assessment of abuse, OAR 413-200-0030 about the reports of assessment of findings of abuse, OAR 413-200-0040 about protective actions during assessment of abuse, and OAR 413-200-0050 about maintaining confidentiality during the course of assessment of an allegation of abuse in licensed child caring agencies are being repealed because these assessments are no longer completed by branch caseworkers, but are conducted through the Office of Adult Abuse Prevention and Investigation under OAR 407-045-0800 through 407-045-0970.

   In addition, the above rules may also be changed to reflect new Department terminology and to correct formatting and punctuation.

   Written comments may be submitted until September 24, 2013 at 5:00 p.m. Written comments may be submitted via e-mail to Annette.Tesch@state.or.us, faxed to 503-373-7032, or mailed to Annette Tesch, Rules Coordinator, DHS - Child Welfare Programs, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The Department provides the same consideration to written comment as it does to any oral or written testimony provided at the public hearing.

Rules Coordinator: Annette Tesch

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

Telephone: (503) 945-6067


Rule Caption: Changing OARs affecting Child Welfare programs

Date:   Time:   Location:

9-23-13    10 a.m.   500 Summer St. NE, Rm. 254      Salem, OR

Hearing Officer: Annette Tesch

Stat. Auth.: ORS 409.050 & 418.005

Stats. Implemented: ORS 409.010 & 418.005

Proposed Repeals: 413-080-0200, 413-080-0205, 413-080-0210, 413-080-0220, 413-080-0240, 413-080-0250, 413-080-0260, 413-080-0270

Last Date for Comment: 9-24-13, 5 p.m.

Summary: OAR 413-080-0200 about the purpose of Residential Services and OAR 413-080-0205 about the definitions used in these rules are being repealed because the Department no longer limits its placement services to residential agencies when making decisions for children and young adults in the Department’s custody.

   OAR 413-080-0210 about the decision and timing of residential placements is being repealed because the process and procedures followed by Department staff no longer follows these rules, as contracted placement services have greatly expanded to use therapeutic foster care as an alternative to residential care.

   OAR 413-080-0220 about the requirements for referral to residential placement is being repealed because the Department uses a variety of placement settings and intervention services to allow a child to remain in the community prior to residential care, and placement in residential care requires additional identification of a child’s debilitating behaviors.

   OAR 413-080-0240 about the process for referral to a residential service is being repealed as these forms are no longer utilized in the Department and the referral process has changed.

   OAR 413-080-0250 about service planning is being repealed because service plans as described in this rule no longer apply, the services of the residential provider are guided by Medicaid requirements for behavioral rehabilitation services, and case planning for the child is the primary responsibility of the caseworker. In addition contact and review requirements have been changed both in federal law for caseworkers and in the Medicaid requirements for the various types of service planning for behavioral rehabilitation services.

   OAR 413-080-0260 about the caseworker’s role is being repealed because the casework responsibilities for comprehensive case and service planning for the child and family are contained in other child welfare rules.

   OAR 413-080-0270 about responsibilities for handling disagreements is being repealed as the process for addressing such problems is outlined in the contract with the residential provider.

   In addition, the above rules may also be changed to reflect new Department terminology and to correct formatting and punctuation.

   Written comments may be submitted until September 24, 2013 at 5:00 p.m. Written comments may be submitted via e-mail to Annette.Tesch@state.or.us, faxed to 503-373-7032, or mailed to Annette Tesch, Rules Coordinator, DHS - Child Welfare Programs, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The Department provides the same consideration to written comment as it does to any oral or written testimony provided at the public hearing.

Rules Coordinator: Annette Tesch

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

Telephone: (503) 945-6067


Rule Caption: Changing OARs affecting Child Welfare programs

Date:   Time:   Location:

9-23-13    10 a.m.   500 Summer St. NE, Rm. 254      Salem, OR

Hearing Officer: Annette Tesch

Stat. Auth.: ORS 409.050 & 418,005

Stats. Implemented: ORS 409.010 & 418.005

Proposed Repeals: 413-210-0300, 413-210-0310, 413-210-0320, 413-210-0330, 413-210-0340

Last Date for Comment: 9-24-13, 5 p.m.

Summary: OAR 413-210-0300 about the purpose of the Department’s rules to consider rate classification requests and OAR 413-210-0310 definition of key terms used in these rules are being repealed because the Department no longer utilizes a rate classification committee in making rate structure decisions for payments to licensed child caring agencies. OAR 413-210-0320 about the policy to consider rate classification requests is being repealed as the Department no longer utilizes a Rate Committee to determine payments to licensed child caring agencies. OAR 413-210-0330 about the procedures to present a request for a rate classification and OAR 413-210-0340 about exceptions to the procedures to request a rate classification are being repealed as the Department no longer utilizes a Rate Committee and sets payment rates for contracts with licensed child caring agencies through contracts with the agencies for a particular type of behavior rehabilitation service (BRS) in conjunction with the Medicaid state plan and in alignment with other state agencies who utilize residential BRS services.

   In addition, the above rules may also be changed to reflect new Department terminology and to correct formatting and punctuation.

   Written comments may be submitted until September 24, 2013 at 5:00 p.m. Written comments may be submitted via e-mail to Annette.Tesch@state.or.us, faxed to 503-373-7032, or mailed to Annette Tesch, Rules Coordinator, DHS - Child Welfare Programs, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The Department provides the same consideration to written comment as it does to any oral or written testimony provided at the public hearing.

Rules Coordinator: Annette Tesch

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

Telephone: (503) 945-6067


Rule Caption: Changing OARs affecting Child Welfare programs

Date:   Time:   Location:

9-23-13    10 a.m.   500 Summer St. NE, Rm. 254      Salem, OR

Hearing Officer: Annette Tesch

Stat. Auth.: ORS 181.534, 181.537, 409.050 & 418.005

Stats. Implemented: ORS 181.534, 181.537, 409.010 & 418.005

Proposed Repeals: 413-050-0000, 413-050-0005, 413-050-0010, 413-050-0020, 413-050-0030, 413-050-0040, 413-050-0050, 413-050-0200, 413-050-0210, 413-050-0220, 413-050-0230, 413-050-0235, 413-050-0280, 413-060-0100, 413-060-0110, 413-060-0120. 413-060-0130, 413-060-0140, 413-060-0150, 413-060-0200, 413-060-0210, 413-060-0220, 413-060-0230, 413-060-0240, 413-060-0300, 413-060-0310, 413-060-0320, 413-060-0330, 413-060-0340, 413-060-0350, 413-060-0360, 413-060-0370

Last Date for Comment: 9-24-13, 5 p.m.

Summary: The Department is repealing OAR 413-050-0000, 413-050-0005, 413-050-0010, 413-050-0020, 413-050-0030, 413-050-0040, and 413-050-0050 about housekeeper services; OAR 413-050-0200, 413-050-0210, 413-050-0220, 413-050-0230, 413-050-0235, and 413-050-0280 about supportive or remedial day care; OAR 413-060-0100, 413-060-0110, 413-060-0120, 413-060-0130, 413-060-0140, and 413-060-0150 about family treatment services; OAR 413-060-0200, 413-060-0210, 413-060-0220, 413-060-0230, and 413-060-0240 about parenting program/parent training services; and OAR 413-060-0300, 413-060-0310, 413-060-0320, 413-060-0330, 413-060-0340, 413-060-0350, 413-060-0360, and 413-060-0370 about family sexual abuse treatment. These rules are being repealed because service eligibility is covered in other rules that set out eligibility for Child Protective Services and Family Support Services, some items are procedural, and do not need to be in rules, and some items are outdated, including specific services (Supportive Remedial Day Care and Housekeeper Services) no longer utilized.

   In addition, the above rules may also be changed to reflect new Department terminology and to correct formatting and punctuation.

   Written comments may be submitted until September 24, 2013 at 5:00 p.m. Written comments may be submitted via e-mail to Annette.Tesch@state.or.us, faxed to 503-373-7032, or mailed to Annette Tesch, Rules Coordinator, DHS - Child Welfare Programs, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The Department provides the same consideration to written comment as it does to any oral or written testimony provided at the public hearing.

Rules Coordinator: Annette Tesch

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

Telephone: (503) 945-6067


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

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

Date:   Time:   Location:

9-23-13    11 a.m.   500 Summer St. NE, Rm. 254      Salem, OR

Hearing Officer: Annette Tesch

Stat. Auth.: ORS 411.816

Other Auth.: 7 USC 2014, 7 CFR 273.9(d)(6)(iii)

Stats. Implemented: ORS 411.816 & 411.825

Proposed Amendments: 461-155-0190

Last Date for Comment: 9-24-13, 5 p.m.

Summary: OAR 461-155-0190 about the SNAP income and payment standards is being amended to reflect the sunset of the American Recovery and Reinvestment Act of 2009 (ARRA) by reducing the payment standards for the Thrifty Food Plan in the SNAP program as of November 1, 2013.

   In addition, the above rule may also be changed to reflect new Department terminology and to correct formatting and punctuation.

   Written comments may be submitted until September 24, 2013 at 5:00 p.m. Written comments may be e-mailed to Annette.Tesch@state.or.us, faxed to 503-373-7032, or mailed to Annette Tesch, Rules Coordinator, DHS - Self-Sufficiency Programs, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The Department provides the same consideration to written comment as it does to any oral or written testimony provided at the public hearing.

Rules Coordinator: Annette Tesch

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

Telephone: (503) 945-6067


Department of Public Safety Standards and Training, Chapter 259

Rule Caption: Update NFPA Fire Fighter Professional Qualifications.

Stat. Auth.: ORS 181.640 & 181.660

Stats. Implemented: ORS 181.640 & 181.660

Proposed Amendments: 259-009-0005, 259-009-0062

Last Date for Comment: 9-21-13, 5 p.m.

Summary: This proposed rule will update the Fire Fighter professional qualifications to meet the standard set in the NFPA 1001 Standard for Fire Fighter Professional Qualifications, 2013 Edition.

Rules Coordinator: Linsay Hale

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

Telephone: (503) 378-2431


Rule Caption: Clarify the minimum education standards for Private Security providers.

Stat. Auth.: ORS 181.875, 181.878 & 181.883

Stats. Implemented: ORS 181.875 & 181.878

Proposed Amendments: 259-060-0020

Last Date for Comment: 9-21-13, 5 p.m.

Summary: A minimum education standard for private security providers was added to rule on November 1, 2012. The rule was written to exempt individuals certified or licensed on or before November 1, 2012 from the requirement. This proposed rule update clarifies that this exemption applies only to individuals certified on or before November 1, 2012 who have held certification or licensure continuously. Individuals who were previously certified or licensed, but whose certification or license has expired, been surrendered or revoked must meet the minimum education requirement. The update also clarifies that applicants aren’t required to provide documentary evidence of meeting the minimum education requirement at the time of application, but allows for the Department to request it.

Rules Coordinator: Linsay Hale

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

Telephone: (503) 378-2431


Rule Caption: Housekeeping: To correct typographical errors, ambiguous language and provide consistency and clarity.

Stat. Auth.: ORS 181.610, 181.630, 181.640, 181.644, 181.650, 181.651, 181.652, 181.653, 181.654, 181.660, 181.661, 181.662, 181.664, 181.665, 181.667 & 183.341

Stats. Implemented: ORS 181.610, 181.630, 181.640, 181.644, 181.650, 181.651, 181.652, 181.653, 181.654, 181.660, 181.661, 181.662, 181.664, 181.665 & 181.667

Proposed Amendments: 259-009-0000, 259-009-0005, 259-009-0010, 259-009-0020, 259-009-0025, 259-009-0035, 259-009-0059, 259-009-0062, 259-009-0063, 259-009-0065, 259-009-0067, 259-009-0070, 259-009-0085, 259-009-0087, 259-009-0090, 259-009-0100

Proposed Repeals: 259-009-0030

Last Date for Comment: 9-21-13, 5 p.m.

Summary: The rule set was reviewed for typographical errors and ambiguous language; as well as consistency and clarity. Additionally, this proposed rule repeals OAR 259-009-0030 (Fire Policy Committee) to eliminate redundancy.

Rules Coordinator: Linsay Hale

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

Telephone: (503) 378-2431


Rule Caption: Update the discretionary disqualifying crimes list and presumptive categories.

Stat. Auth.: ORS 181.640, 181.661, 181.662, 181.664 & 183.341

Stats. Implemented: ORS 181.640, 181.661, 181.662 & 181.664

Proposed Amendments: 259-008-0070

Last Date for Comment: 9-21-13, 5 p.m.

Summary: This proposed rule update contains additions to the discretionary disqualifying crimes list and the presumptive categories. Additionally, because all criminal convictions meet the definition of Misconduct, crimes with a presumptive category of Misconduct (Category V) are not included on the discretionary list and any crime previously determined to be Misconduct only are removed. Language is added to allow for summary staff disposition or administrative closure for crimes with a presumptive category of only Misconduct (Category V) if the conviction occurred over seven years prior to the date of review and it represents the sole criminal conviction in the officer’s history.

Rules Coordinator: Linsay Hale

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

Telephone: (503) 378-2431


Rule Caption: Insert omitted word relating to lapsed certification; Corrects error. Housekeeping.

Stat. Auth.: ORS 181.652, 181.653 & 181.667

Stats. Implemented: ORS 181.652, 181.653 & 181.667

Proposed Amendments: 259-008-0067

Last Date for Comment: 9-21-13, 5 p.m.

Summary: This rule update corrects an error caused by the inadvertent omission of a word and ensures that the rules language matches the Department’s procedure and intent for lapsing law enforcement certifications. Housekeeping changes made for clarity.

Rules Coordinator: Linsay Hale

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

Telephone: (503) 378-2431


Department of Transportation, Rail Division, Chapter 741

Rule Caption: Amendment of Highway-Rail Crossing Rules

Stat. Auth.: ORS 184.616, 184.619, 823.011, 824.202 & 824.212

Stats. Implemented: ORS 824.200

Proposed Amendments: 741-100-0005, 741-100-0020, 741-100-0030, 741-100-0040, 741-110-0030, 741-110-0040, 741-110-0050, 741-110-0060, 741-110-0070, 741-110-0080, 741-115-0010, 741-115-0020, 741-115-0030, 741-115-0040, 741-115-0060, 741-115-0070, 741-120-0020, 741-120-0040, 741-120-0050, 741-125-0030, 741-200-0020, 741-200-0050, 741-200-0060

Last Date for Comment: 9-23-13, Close of Business

Summary: ODOT is amending its rules regarding highway-rail crossings. Certain sections are added to provide new definitions and clarification of regulations. Other rules are being amended to comply with the Manual on Uniform Traffic Control Devices, 2009 Edition (MUTCD). Certain figures relating to the current rules are being removed because they are unnecessary as the result of ODOT’s adoption of MUTCD.

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

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171


Landscape Architect Board, Chapter 804

Rule Caption: Inactive Status and Continuing Education Exemptions for military service, illness, or other circumstances

Stat. Auth.: For 804-003-0000: ORS 183.335(5), 670.310 & 671.415; For 804-025-0010: ORS 183.335(5), 670.310, 671.376, 671.395 & 671.415

Stats. Implemented: For 804-003-0000: ORS 671.310–671.459; for 804-025-0010: ORS 671.376 & 671.395

Proposed Amendments: 804-003-0000, 804-025-0010

Last Date for Comment: 9-23-13, Close of Business

Summary: Amends the definition of “in good standing” to clarify that a registrant must be in compliance with continuing education (CE) requirements to be eligible for inactive status under ORS 671.376(4) as opposed to needing to have completed all CE for that renewal cycle. This change thereby allows a registrant who has not completed all CE requirements and suddenly has the need for being exempt from those requirements under OAR 804-025-0010(1) to qualify to request inactive status under ORS 671.376(4) without having to first complete all professional development hours of CE for that renewal cycle. Clarifies in the continuing education requirements rule that the registrant may request inactive status and specifies parameters related to inactive status.

Rules Coordinator: Christine Valentine

Address: Landscape Architect Board, 707 13th St. SE, Suite 114, Salem, OR 97301

Telephone: (503) 589-0093


Rule Caption: Updates to rules for initial registration and registration by reciprocity

Stat. Auth.: For 804-022-0005: ORS 183.335(5), 670.310, 671.325, 671.335& 671.415;For 804-022-0010: ORS 183.335(5), 670.310, 671.325, 671.335 & 671.415

Stats. Implemented: For 804-022-0005: ORS 671.316, 671.325, 671.335;For 804-022-0010: ORS 671.345

Proposed Amendments: 804-022-0005, 804-022-0010

Last Date for Comment: 9-23-13, Close of Business

Summary: Amendments to the rules for initial registration and registration by reciprocity are needed to increase clarity for prospective Board registrants (i.e., applicants). The amendments also address an unintended disconnect between Board rules that set forth requirements for examination applicants to obtain approval of alternative paths to licensure (OAR 804-010-0010 and 804-010-0020) and its registration rules (OAR 804-022-0005 and 804-022-0010). The amendments clarify that OSLAB does in fact offer paths to registration for applicants without a Landscape Architect Accreditation Board (LAAB) accredited degree or any degree, regardless of whether such individuals obtained approval of alternative education and/or experience from OSLAB prior to taking national exams. To this end, the Board proposes to delete existing rule language in full and replace it with language that the Board finds to be more complete, clear, and better organized. The amendments were previously adopted by the Board as temporary rules.

Rules Coordinator: Christine Valentine

Address: Landscape Architect Board, 707 13th St. SE, Suite 114, Salem, OR 97301

Telephone: (503) 589-0093


Oregon Board of Naturopathic Medicine, Chapter 850

Rule Caption: Correct late fee in 850-030-0195 to agree with 850-030-0035.

Stat. Auth.: ORS 685.125

Stats. Implemented: ORS 685.100

Proposed Amendments: 850-030-0195

Last Date for Comment: 9-25-13, 3 p.m.

Summary: OAR 850-030-00195(8) needs to be corrected to $100, as it is in 850-030-0035 fees.

Rules Coordinator: Anne Walsh

Address: Oregon Board of Naturopathic Medicine, 800 NE Oregon St., Suite 407, Portland, OR 97232

Telephone: (971) 673-0193


Oregon Education Investment Board, Chapter 705

Rule Caption: Regarding Achievement Compacts

Date:   Time:   Location:

9-16-13    4 p.m.   775 Court St.      Large Conference Rm.      Salem, OR 97301

Hearing Officer: Seth Allen

Stat. Auth.: HB 3070 & HB 3120

Stats. Implemented: HB 3070 & HB 3120

Proposed Adoptions: 705-010-0072

Proposed Amendments: 705-010-0030, 705-010-0035, 705-010-0045, 705-010-0055, 705-010-0070

Last Date for Comment: 9-16-13, 5 p.m.

Summary: ADOPT: 705-010-0072 — Regarding Achievement Compact Advisory Committees for Community College Districts and Public Universities

AMEND:

   705-010-0030 — Regarding Distribution of Compacts to Education Entities 705-010-0035 — Regarding Completion and Execution of Achievement Compacts

   705-010-0045 — Regarding Communications

   705-010-0055 — Regarding Receipt and Acceptance of Achievement Compacts

   705-010-0070 — Regarding Achievement Compact Advisory Committees

Rules Coordinator: Seth Allen

Address: Oregon Education Investment Board, 155 Cottage St. NE, 3rd Floor, Salem, OR 97301

Telephone: (503) 378-8213


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

Rule Caption: Amend rules governing payment for Medicaid EHR Incentive Program

Date:   Time:   Location:

9-17-13    10:30 a.m.   500 Summer St. NE, Rm. 137C      Salem, OR 97301

Hearing Officer: Cheryl Peters

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 413.042 & 414.033

Proposed Amendments: 410-165-0000, 410-165-0020, 410-165-0060, 410-165-0080, 410-165-0100, 410-165-0120, 410-165-0140

Last Date for Comment: 9-19-13, 5 p.m.

Summary: The Division needs to amend these rules because new federal legislation from the Centers for Medicare and Medicaid Services (CMS) affects how providers are eligible for the Medicaid EHR Incentive Program. These amended rules incorporate these changes including how a key eligibility criterion, Medicaid patient volume (or for some providers, needy individual patient volume), is determined and calculated.

Rules Coordinator: Cheryl Peters

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

Telephone: (503) 945-6527


Rule Caption: Increase payment for certain primary care practitioners and increase the VFC administration fee

Date:   Time:   Location:

9-17-13    10:30 a.m.   500 Summer St. NE, Rm. 137C      Salem, OR 97301

Hearing Officer: Cheryl Peters

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 414.025, 414.033, 414.065, 414.095, 414.705, 414.727, 414.728, 414.742 & 414.743

Proposed Adoptions: 410-130-0005

Proposed Amendments: 410-130-0255, 410-120-1340

Last Date for Comment: 9-19-13, 5 p.m.

Summary: The Division of Medical Assistance Programs (Division) General Rules, administrative rules govern payments for services provided to certain eligible clients. The Division proposed adoption of OAR 410-130-0005 and proposed amendment of OAR 410-130-0255, 410-120-1340 to implement changes required by the Affordable Care Act.

   OAR 410-120-1340 establishes the federally required payment increase to be effective on or after Jan. 1, 2013. Rule 410-130-0005 establishes the self-attestation process required for the Division to identify providers subject to the federally required payment increase. Rule 410-130-0255 clarifies the procedure codes for the Vaccine For Children program.

Rules Coordinator: Cheryl Peters

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

Telephone: (503) 945-6527


Oregon Health Authority, Public Employees’ Benefit Board, Chapter 101

Rule Caption: Amends rules for conformance with federal healthcare reform and Board By-Laws; clarifies language.

Date:   Time:   Location:

9-23-13    4 p.m.   PEBB/OEBB Board Room.      1225 Ferry St. SE Suite B      Salem, OR 97301

Hearing Officer: Chérie Taylor

Stat. Auth.: ORS 243.061–243.302, 659A.060–659A.069, 743.600–743.602 & 743.707

Stats. Implemented: ORS 243.061–243.302 & 2007 OL Ch. 99

Proposed Amendments: 101-010-0005, 101-020-0020, 101-020-0025, 101-020-0066, 101-030-0005, 101-030-0070

Last Date for Comment: 9-23-13, 5 p.m.

Summary: Amends rules for conformance with federal healthcare reform and Board By-Laws; clarifies language.

Rules Coordinator: Cherie Taylor

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

Telephone: (503) 378-6296


Oregon Health Authority, Public Health Division, Chapter 333

Rule Caption: WIC Participant Administration

Date:   Time:   Location:

9-26-13    2 p.m.   Portland State Office Bldg.      800 NE Oregon St., Rm. 815      Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 413.500

Other Auth.: 7 CFR 246, Public Law 108-265, Public Law 111-296

Stats. Implemented: ORS 413.500

Proposed Adoptions: 333-053-0075

Proposed Amendments: 333-053-0030, 333-053-0040, 333-053-0050, 333-053-0060, 333-053-0080, 333-053-0100, 333-053-0110

Proposed Repeals: 333-053-0070, 333-053-0090

Last Date for Comment: 9-27-13, 5 p.m.

Summary: The Oregon Health Authority, Public Health Division is proposing to permanently adopt, amend and repeal administrative rules in chapter 333, division 53 as they pertain to WIC participants. These amendments are clarifications and adjustments to definitions, eligibility, participant information, violations, claims, and administrative review language which reflect program participant administration practices in an Electronic Benefit Transfer (EBT) system.

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: WIC Vendor and Farmer Administration

Date:   Time:   Location:

9-26-13    2 p.m.   Portland State Office Bldg.      800 NE Oregon St., Rm. 815      Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 413.500

Other Auth.: 7 CFR 246.12, Public Law 108-265, Public Law 111-296

Stats. Implemented: ORS 413.500

Proposed Adoptions: 333-054-0033

Proposed Amendments: 333-054-0000, 333-054-0010, 333-054-0020, 333-054-0025, 333-054-0027, 333-054-0030, 333-054-0035, 333-054-0040, 333-054-0050, 333-054-0055, 333-054-0060, 333-054-0065, 333-054-0070

Last Date for Comment: 9-27-13, 5 p.m.

Summary: The Oregon Health Authority, Public Health Division is proposing to permanently adopt and amend administrative rules in chapter 333, division 54 as they pertain to vendors and farmers that are authorized by the Oregon WIC Program. These amendments are clarifications and adjustments to definitions, authorization requirements, agreements, incentive items, monitoring specifications, and violations and sanctions language which reflect program vendor and farmer administration practices in an Electronic Benefit Transfer (EBT) system.

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 Liquor Control Commission, Chapter 845

Rule Caption: Inserts a statutory exemption that excuses a specific Commissioner from compliance with its provisions.

Date:   Time:   Location:

9-23-13    10 a.m.   9079 SE McLoughlin Blvd.      Portland, OR 97222

Hearing Officer: Annabelle Henry

Stat. Auth.: ORS 471, 471.030, 471.710, 471.730(1) & (5)

Stats. Implemented: ORS 471.710

Proposed Amendments: 845-004-0001

Last Date for Comment: 10-7-13, 5 p.m.

Summary: ORS 471.710(2) sets forth the interests that an individual is prohibited from holding while serving as a commissioner or an employee of the Commission. This rule defines and describes these interests. However, it omits the statutory exemption that excuses the commissioner designated as the food and alcoholic beverage retail industry representative from compliance with its prohibitions. The proposed amendments correct this omission and also improve the rule’s clarity by alphabetizing the terms in section (1) and revising the language in section (2).

Rules Coordinator: Annabelle Henry

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

Telephone: (503) 872-5004


Rule Caption: Amended to define additional terms.

Date:   Time:   Location:

9-24-13    10 a.m.   9079 SE McLoughlin Blvd.      Portland, OR 97222

Hearing Officer: Annabelle Henry

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

Stats. Implemented: ORS 471.398

Proposed Amendments: 845-013-0001

Last Date for Comment: 10-8-13, 5 p.m.

Summary: Manufacturers and wholesalers are generally prohibited from giving services and other gifts to retailers. This rule defines and explains some of the exceptions to this general prohibition. The proposed amendments define additional terms in section (2) of the current rule.

Rules Coordinator: Annabelle Henry

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

Telephone: (503) 872-5004


Rule Caption: Amends two rules as a package regulating direct shipment of malt beverages, wine and cider.

Date:   Time:   Location:

9-25-13    10 a.m.   9079 SE McLoughlin Blvd.      Portland, OR 97222

Hearing Officer: Steve Brinkhoff

Stat. Auth.: ORS 471, 471.030, 471.040, 471.186 & 471.730(1) & (5)

Stats. Implemented: 471.186, 471.282, 471.305 & 473

Proposed Amendments: 845-006-0392, 845-006-0396

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

Summary: OAR 845-006-0392 defines when retailers may make same and next-day delivery of wine and cider. OAR 845-006-0396 defines when retailers may make same and next-day delivery of malt beverages. The Commission amended both rules in 2012. However, due to a technical error both amendments were recently invalidated. To restore the 2012 amendments, the Commission adopted temporary rules on July 12, 2013. On the same day, the Commission initiated permanent rulemaking to amend both rules. The proposed amendments allow a retailer to accept an order for the delivery of wine, cider and/or malt beverages to a resident of Oregon until 9:00 p.m., and to deliver that order before 10:00 p.m on the same day.

Rules Coordinator: Annabelle Henry

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

Telephone: (503) 872-5004


Oregon Medical Board, Chapter 847

Rule Caption: Licensure for military spouses or domestic partners

Stat. Auth.: ORS 677.265, 677.820 & HB 2037 (2013)

Stats. Implemented: ORS 677.010, 677.100, 677.265, 677.275, 677.512, 677.759, 677.820, 677.825, 677.830 & HB 2037 (2013)

Proposed Adoptions: 847-020-0165, 847-050-0022, 847-070-0024, 847-080-0016

Proposed Repeals: 847-020-0165(T), 847-050-0022(T), 847-070-0024(T), 847-080-0016(T)

Last Date for Comment: 9-23-13, Close of Business

Summary: The proposed rule adoptions implement an augmented process for licensure of military spouses or domestic partners as required by 2013 House Bill 2037. Four rules are included (broken down by appropriate division of the administrative rules) for medical and osteopathic physicians, physician assistants, acupuncturists, and podiatric physicians. Specifically, each rule defines “military spouse or domestic partner,” provides the qualifications for this augmented process, provides the documents that will be accepted in lieu of other documents, lists any information that the Board will obtain on behalf of the applicant, and specifies the additional documents that will be required as part of this augmented application process.

Rules Coordinator: Nicole Krishnaswami

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

Telephone: (971) 673-2667


Rule Caption: Legislative updates to the Health Professionals’ Services Program

Stat. Auth.: ORS 676.185–676.200 & 677.265

Stats. Implemented: ORS 676.185–676.200 & 677.265

Proposed Amendments: 847-065-0015, 847-065-0025, 847-065-0035, 847-065-0055, 847-065-0060, 847-065-0065

Proposed Repeals: 847-065-0015(T), 847-065-0025(T), 847-065-0035(T), 847-065-0055(T), 847-065-0060(T), 847-065-0065(T)

Last Date for Comment: 9-23-13, Close of Business

Summary: The proposed rule amendments reflect changes made by 2013 House Bill 2124 regarding the Health Professionals’ Services Program. Specifically, the rule amendments refer to the new statutory location for the definition of “substantial noncompliance,” remove the term “successful completion” from the definitions and add the substantive information to the rule on Completion Requirements, clarify the purpose of the investigation into the licensee’s practice that occurs prior to full enrollment in the program, clearly establish the ability for licensees to self-refer to the program, exempt enrolled licensees with solely a mental health disorder from random drug or alcohol testing unless otherwise required by the Board, require the Board to assess the licensee’s compliance with the monitoring agreement to complete the program or the contractor to assess compliance if the licensee is self-referred, specify that civil commitments for mental illness are considered substantial noncompliance rather than all admissions for mental health treatment, and allow the Board to review reports from the program for substantial non-compliance rather than mandating investigation of all reports.

Rules Coordinator: Nicole Krishnaswami

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

Telephone: (971) 673-2667


Oregon Public Employees Retirement System, Chapter 459

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

Date:   Time:   Location:

10-22-13    3 p.m.   PERS Boardroom      11410 SW 68th Pkwy.      Tigard, OR 97223

Hearing Officer: Daniel Rivas

Stat. Auth.: ORS 238.650 & 238.715

Stats. Implemented: ORS 238.715

Proposed Amendments: 459-005-0610

Last Date for Comment: 10-29-13, 5 p.m.

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

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713


Rule Caption: Clarify provisions of Senate Bill 822 relating to cost-of-living increase.

Date:   Time:   Location:

10-22-13    3 p.m.   PERS Boardroom      11410 SW 68th Pkwy.      Tigard, OR 97223

Hearing Officer: Daniel Rivas

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

Stats. Implemented: ORS 238.360, 238.575 & 238A.210

Proposed Adoptions: 459-005-0520

Last Date for Comment: 10-29-13, 5 p.m.

Summary: Clarify provisions of Senate Bill 822 relating to cost-of-living increase.

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713


Rule Caption: Clarify administration of Judge Member death benefits and the election of beneficiaries before death.

Date:   Time:   Location:

10-22-13    3 p.m.   PERS Boardroom      11410 SW 68th Pkwy.      Tigard, OR 97223

Hearing Officer: Daniel Rivas

Stat. Auth.: ORS 238.650

Stats. Implemented: ORS 238.565

Proposed Amendments: 459-040-0060, 459-040-0070

Last Date for Comment: 10-29-13, 5 p.m.

Summary: These rules clarify the administration of death benefits for Judge Members and the election of one or more beneficiaries before death under the provisions of Senate Bill 771.

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713


Rule Caption: Clarifies the requirements of a court ordered divorce award.

Date:   Time:   Location:

10-22-13    3 p.m.   PERS Boardroom      11410 SW 68th Pkwy.      Tigard, OR 97223

Hearing Officer: Daniel Rivas

Stat. Auth.: ORS 238.465 & 238.650

Stats. Implemented: ORS 238.465

Proposed Amendments: 459-045-0010

Last Date for Comment: 10-29-13, 5 p.m.

Summary: This rule will clarify the requirements of a court ordered divorce award.

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713


Rule Caption: Clarify administration of data verifications and Notices of Dispute.

Date:   Time:   Location:

10-22-13    3 p.m.   PERS Boardroom      11410 SW 68th Pkwy.      Tigard, OR 97223

Hearing Officer: Daniel Rivas

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

Stats. Implemented: ORS 183.413–183.470, 238.285

Proposed Amendments: 459-001-0030, 459-005-0040

Last Date for Comment: 10-29-13, 5 p.m.

Summary: Clarify administration of data verifications and Notices of Dispute.

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713


Oregon State Lottery, Chapter 177

Rule Caption: Amends Powerball game rules, including Power Play multiplier; prize accounts; pari-mutuel prizes and calculation

Date:   Time:   Location:

9-16-13    2:30 p.m.   Oregon Lottery      500 Airport Rd. SE      Salem, OR

Hearing Officer: Larry Trott

Stat. Auth.: ORS 461, 461.210, 461.220, 461.230 & 461.250

Other Auth.: Oregon Constitution, Article XV, Section 4(4)

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

Proposed Amendments: 177-085-0005, 177-085-0020, 177-085-0025, 177-085-0035, 177-085-0050, 177-085-0065

Last Date for Comment: 9-16-13, 3 p.m.

Summary: The Oregon Lottery proposes to amend the above referenced administrative rules for the Powerball game. These changes are necessary to implement the changes to the Powerball game rules made by the Multi-State Lottery Association (MUSL), the national organization that administers the multi-state Powerball game and to make Division 85 rules consistent with the MUSL Powerball game rules.

   Amendments to these rules return the Power Play option to a random multiplier option, which will multiply a set prize amount by 2, 3, 4, or 5, depending on the multiplier randomly selected. Neither the Grand Prize nor the Match 5 prize will be multiplied when the Power Play option is purchased as an add-on to a Powerball play.

   Other amendments provide for the creation of new prize reserve and prize pool accounts for funding of the various prizes and clarify the calculation of the set prizes when the set prizes become pari-mutuel.

   Other amendments to the Division 85 rules make Lottery’s rules consistent with the MUSL Powerball game rules.

Rules Coordinator: Mark W. Hohlt

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

Telephone: (503) 540-1417


Oregon State Marine Board, Chapter 250

Rule Caption: Move the western deadline of the wake-enhancing device exclusion zone on the Willamette River.

Date:   Time:   Location:

9-25-13    7 p.m.   Geroge Fox University       Hoover Academic Bldg., Rm. 102      414 N. Meridian St.      Newberg, OR 97132

Hearing Officer: Rachel Bullene

Stat. Auth.: ORS 830.110 & 830.175

Stats. Implemented: ORS 830.110 & 830.175

Proposed Amendments: 250-020-0032, 250-020-0385

Last Date for Comment: 9-30-13, Close of Business

Summary: Current regulation prohibits the operation of motorboats in excess of 5 mph slow-no-wake within 100 feet of private docks, boathouses, or moorages legally permitted by the Oregon Department of State Lands and the use of wake enhancing devices on the Willamette River from Highway 219 Bridge at River Mile 48.5 to the upper end of Willow Island at River Mile 31.5. The proposed amendment to the rules will move the west end of the exclusion zone downstream 2.5 miles to Champoeg Park at River Mile 46.

Rules Coordinator: June LeTarte

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

Telephone: (503) 378-2617


Rule Caption: Amend Division 014 to implement SB 26 statutory changes.

Stat. Auth.: ORS 830.110

Other Auth.: ORS 147, 2013 OL effective 01/01/2014

Stats. Implemented: ORS 830.110 & 830.150

Proposed Amendments: 250-014-0001, 250-014-0002, 250-014-0003, 250-014-0005

Last Date for Comment: 9-30-13, Close of Business

Summary: The proposed rule amendment clarifies the authority of the Marine Board to apply for federal Boating Infrastructure Grants and allows federal agencies to apply for Boating Facility Grants. These rules also make minor clarifications in rule language.

Rules Coordinator: June LeTarte

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

Telephone: (503) 378-2617


Rule Caption: Prohibits the use of internal combustion motor boats and sea planes on Waldo Lake

Stat. Auth.: ORS 830.110 & 830.175

Stats. Implemented: ORS 830.175

Proposed Amendments: 250-020-0221, 250-030-0030

Last Date for Comment: 9-30-13, Close of Business

Summary: These rules will prohibit the use of combustion motor boats and the operation of sea planes on Waldo Lake in compliance with the 2013 Oregon Legislative Session statutory revisions.

Rules Coordinator: June LeTarte

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

Telephone: (503) 378-2617


Secretary of State, Elections Division, Chapter 165

Rule Caption: Amends account submission and circulator registration and certification methods, clarifies signature verification processes.

Stat. Auth.: ORS 246.150, 248.008, 249.008, 250.048, 250.105, 250.215, 250.315, 255.175, 260.262 & 2013 OL Ch. 519

Stats. Implemented: ORS 249.008, 249.008, 249.875, 250.048, 250.105, 250.215, 250.315, 255.175, 260.262 & 2013 OL Ch. 519

Proposed Amendments: 165-014-0030, 165-014-0100, 165-014-0110, 165-014-0270, 165-014-0280

Last Date for Comment: 10-3-13, Close of Business

Summary: OAR 165-014-0030 and 165-014-0110 are proposed for amendment to clarify that statistical sampling will only be conducted on additional submission of signatures if the number of unverified signatures accepted for inclusion in the sample are equal to or greater than the remaining required number of signatures. Additionally reference is added to specify that the handwriting characteristics and factors set forth in the Vote by Mail Procedures Manual adopted under OAR 165-007-0030 will be used to evaluate and determine whether the signature on a petition matches signatures contained in the voter’s registration record.

   OAR 165-014-0100 designates which accounts need to be turned in on a monthly basis, removing the requirement that copies of paid petition sheets submitted for verification must also be submitted monthly for the purposes of accounts. Clarifies that authorized agent may sign SEL 320 on behalf of chief petitioner(s).

   OAR 165-014-0270 is proposed for amendment to adopt the Circulator Certification Matrix contained in Appendix A. Minor revisions are proposed to the standards used to determine if the circulator certification is sufficient.

   OAR 165-014-0280 is proposed for amendment to permanently adopt the requirement that any person who will be paid to gather signatures on a state initiative, referendum, recall or prospective petition to submit their Criminal History Report as provided by the Oregon State Police Open Records Section when registering as a circulator. Additionally the training paid circulators are required to take is proposed for revision to incorporate changes proposed in other administrative rule amendments.

Rules Coordinator: Brenda Bayes

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

Telephone: (503) 986-1518

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

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

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

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