Oregon Bulletin
NOTICES OF PROPOSED RULEMAKING AND
PROPOSED RULEMAKING HEARINGS
The following agencies provide Notice of Proposed Rulemaking to offer interested parties reasonable opportunity to submit data or views on proposed rulemaking activity. To expedite the rulemaking process, many agencies have set the time and place for a hearing in the notice. Copies of rulemaking materials may be obtained from the Rules Coordinator at the address and telephone number indicated.
Public comment may be submitted in writing directly to an agency or presented orally or in writing at the rulemaking hearing. Written comment must be submitted to an agency by 5:00 p.m. on the Last Day for Comment listed, unless a different time of day is specified. Written and oral comments may be submitted at the appropriate time during a rulemaking hearing as outlined in OAR 137-001-0030.
Agencies providing notice request public comment on whether other options should be considered for achieving a proposed administrative rule's substantive goals while reducing negative economic impact of the rule on business.
In Notices of Proposed Rulemaking where no hearing has been set, a hearing may be requested by 10 or more people or by an association with 10 or more members. Agencies must receive requests for a public rulemaking hearing in writing within 21 days following notice publication in the Oregon Bulletin or 28 days from the date notice was sent to people on the agency mailing list, whichever is later. If sufficient hearing requests are received by an agency, notice of the date and time of the rulemaking hearing must be published in the Oregon Bulletin at least 14 days before the hearing.
*Auxiliary aids for persons with disabilities are available upon advance request. Contact the agency Rules Coordinator listed in the notice information.
Rule
Caption: Adopt 2011–2013 budget,
and miscellaneous amendments, including criminal background checks and
qualifying criteria for licensing.
Date: Time: Location:
10-24-11 9
a.m. 3000
Market St. NE, Suite 541
Salem
OR 97301
Hearing Officer: Jill Merwin
Stat. Auth.: ORS 183.355, 674.305(7) & 674.310
Other Auth.: Title XI of the Federal Financial Reform, Recovery &
Enforcement Act of 1989 (12 USC 3310 et seq.)
Stats. Implemented: ORS 674.310
Proposed Amendments: 161-002-0000, 161-006-0000, 161-006-0025, 161-006-0160,
161-006-0175, 161-008-0040, 161-010-0020, 161-010-0025, 161-010-0035,
161-010-0045, 161-010-0085, 161-020-0015, 161-020-0045, 161-020-0055,
161-020-0140, 161-020-0150, 161-025-0060, 161-030-0000
Last Date for Comment: 10-24-11, Close of Hearing
Summary: Amends Oregon Administrative Rule 161, division 02, rule 0000
regarding definitions; division 6, rules 0000, 0025, 0160 and 0175 regarding
budget, and complaints and enforcement; division 8, rule 0040 regarding fees
and miscellaneous charges; division 10, rules 0020, 0025, 0035, 0045, and 0085
regarding licensure and certification requirements; division 20, rules 0015,
0045, 0055, 0140, and 0150 regarding educational requirements; division 25,
rule 0060 regarding appraisal Standards and USPAP; and division 30, rule 0000
regarding criminal background checks.
Rules Coordinator: Karen Turnbow
Address: Appraiser Certification and Licensure Board, 3000
Market St. NE, Suite 541, Salem, OR 97301
Telephone: (503) 485-2555
Rule
Caption: Address changes required by
2011 Legislative action, create contracting rules, standardize language.
Date: Time: Location:
11-7-11 9
a.m. 748
Hawthorne Ave. NE
Salem,
OR 97301
Hearing Officer: Kathy Calise, Board Chair
Stat. Auth.: ORS 183, 182.456-182.472, 687.011, 687.051, 687.121
Stats. Implemented: ORS 182.456-182.472, 687.011, 687.051, 687.057, 687.061, 687.086, 687.121
Proposed Adoptions: 334-001-0025, 334-001-0028, 334-001-0032, 334-001-0036,
334-010-0009, 334-010-0018, 334-010-0027
Proposed Amendments: 334-001-0000, 334-001-0005, 334-001-0020, 334-001-0060,
334-010-0005, 334-010-0008, 334-010-0010, 334-010-0012, 334-010-0015,
334-010-0017, 334-010-0025, 334-010-0033, 334-010-0046, 334-010-0050,
334-020-0015, 334-030-0001, 334-030-0005, 334-040-0001, 334-040-0010
Proposed Repeals: 334-001-0035
Last Date for Comment: 11-7-11, Close of Hearing
Summary: Following the 2011 legislative session, the Board is required to
create rules reflective of statutory changes.
The
OBMT has written contracting rules that are more suited to the operations of a
small state agency.
The
OBMT has amended verbiage to comply with current standards.
Rules Coordinator: Diana Nott
Address: Board of Massage Therapists, 748 Hawthorne Ave. NE,
Salem, OR 97301
Telephone: (503) 365-8657, ext. 1
Rule
Caption: Conforms Prevailing Wage Rate
rules to provisions of SB 178 (2011) and makes “housekeeping” revisions.
Stat.
Auth.: ORS 279C.808 & 279C.830
Other Auth.: SB 178 (2011)
Stats. Implemented: ORS 279C.800–279C.870
Proposed Amendments: Rules in 839-025
Last Date for
Comment: 10-21-11, Close of Business
Summary: These proposed rules make permanent temporary rules adopted
on June 8, 2011 and July 22, 2011 conforming the provisions of OAR 839-025-0020
relating to required conditions in public works contracts and contract
specifications to the provisions of Senate Bill 178 (2011) and ORS 279C.830.
The proposed rules also make non-substantive “housekeeping” corrections to
existing rules and incorporate appendices referenced in OAR 839-025-0004,
839-025-0015, and 839-025-0050.
Rules Coordinator: Marcia Ohlemiller
Address: Bureau of Labor and Industries, 800 NE Oregon St.,
Ste. 1045, Portland, OR 97232
Telephone: (971) 673-0784
Rule
Caption: Amending the assessment on
hazelnuts from $11 per ton to $14 per ton.
Date: Time: Location:
10-21-11 8
a.m. 15210
NE Miley Rd.
Aurora,
OR 97002
Hearing Officer: Polly Owen
Stat. Auth.: ORS 576
Stats. Implemented: ORS 576
Proposed Amendments: 623-010-0010
Last Date for Comment: 10-20-11, 12 p.m.
Summary: Proposed amendment to OAR 623-101-0010 will increase the assessment
to hazelnut growers. Increased revenue is being used to offset decreased
federal and state dollars for production research projects and increased state
fees. The expected result will be the continued research on the development of
eastern filbert blight resistant trees, which will enable the Oregon hazelnut
industry to be sustainable.
Copies
of the proposed rule are available to any person upon request. The rules are
also available by emailing hazelnut@oregonhazelnuts.org
Public
comment may be mailed to the above address or sent via email to
hazelnut@oregonhazelnuts.org
Rules Coordinator: Polly Owen
Address: Department of Agriculture, Oregon Hazelnut Commission,
21595 A Dolores Way NE, Aurora, OR 97002-9738
Telephone: (503) 678-6823
Rule
Caption: Amending the basis for
assessments of trawl landings.
Date: Time: Location:
10-24-11 10
a.m. 2127
SE Marine Dr.
Newport,
OR 97365
Hearing Officer: Nancy Fitzpatrick
Stat. Auth.: ORS 576
Other Auth.: OAR 656-001-0000
Stats. Implemented: ORS 576
Proposed Amendments: 656-010-0000, 656-010-0010
Last Date for Comment: 10-28-11, 3 p.m.
Summary: For 2011, the Pacific Fishery Management Council implemented a
Groundfish Trawl Rationalization Catch Share Program (GTRCSP). The program
allows trawl vessels to switch gear types and use pots and longline gear to
harvest species identified as part of the trawl quota.
The
current assessment definition for trawl-landed quota, “fish and shellfish taken
(produced) by ocean trawling” was sufficient to cover the activities of the
trawl fleet until the 2011 GTRCSP program. The GTRCSP program’s gear switching
provision makes it necessary to modify the definition so that all trawl quota
is treated equally for assessment purposes.
Rules Coordinator: Brad Pettinger
Address: Department of Agriculture, Oregon Trawl Commission,
16289 Hwy. 101 S, Suite C, Brookings, OR 97415
Telephone: (541) 469-7830
Rule Caption: Directs Commission to begin assessing
barley and updates Commissioner compensation.
Date: Time: Location:
10-17-11 12:30
p.m. Red
Lion
304
SE Nye Ave.
Pendleton,
OR 97801
Hearing Officer: Tana Simpson
Stat. Auth.: ORS 578
Stats. Implemented: ORS 578
Proposed Amendments: 678-010-0010, 678-010-0020, 678-010-0030, 678-010-0040,
678-010-0050, 678-030-0000, 678-030-0010
Last Date for Comment: 10-14-11, 5 p.m.
Summary: The changes incorporate the assessment of barley into the wheat
commission rules as allowed in the Oregon Wheat Commission statute as of July
1, 2011. The barley assessment rate and assessment payment process will stay
the same with remittance to be redirected to the Oregon Wheat Commission
office. Amendments to Division 30 will update the Commissioner per diem to
$100.00 per day and requesting preapproval of Commissioner expenses over
$500.00.
Rules Coordinator: Tana Simpson
Address: Department of Agriculture, Wheat Commission, 1200 NW Naito Parkway, Suite 370, Portland, OR 97209
Telephone: (503) 229-6665
Rule
Caption: National Career Readiness
Certificate (NCRC) Program.
Stat.
Auth.: ORS 660.318,
660.330–660.339 & 183
Stats. Implemented:
Proposed Amendments: 589-007-0700
Last Date for
Comment: 10-21-11, Close of Business
Summary: This rule amendment provides housekeeping only and
does not change the intent of the original rule. On August 1, 2011, the agency
submitted a technical rules change request to the Secretary of State changing
the rule title from Career Readiness Certificate Program to the National Career
Readiness Certificate Program. This rule amendment corrects two program
references and reorganizes the order of the Participants Eligibility Criteria.
Rules Coordinator: Linda Hutchins
Address: Department of Community Colleges and Workforce
Development, Public Service Bldg., 255 Capitol St. NE, Salem, OR 97310
Telephone: (503) 947-2456
Rule
Caption: Oregon On-the-Job training
Program.
Stat.
Auth.: ORS 183, 660.330–660.364
Stats. Implemented:
Proposed Adoptions: 589-007-0800
Last Date for
Comment: 10-23-11
Summary: Senate Bill 5508 (Section 31), passed in the 2011 Legislative
session, directs the Department of Community Colleges and Workforce development
to fund and implement the Oregon On-the-Job training Program and to further
fund the National Career Readiness Certificate (NCRC) Program. These programs
support the governor’s workforce agenda by providing solutions to workplace
employee training, retention and advancement for Oregonians.
Rules Coordinator: Linda Hutchins
Address: Department of Community Colleges and Workforce
Development, Public Service Bldg., 255 Capitol St. NE, Salem, OR 97310
Telephone: (503) 947-2456
Rule
Caption: Establishes process and
criteria for determining applicability of mortgage loan originator licensing to
nonprofit organizations.
Date: Time: Location:
11-2-11 9
a.m. Labor
& Industries Bldg.
350
Winter St. NE,
Conference
Rm. 260
Salem,
OR
Hearing Officer: Lauren E. Winters
Stat. Auth.: ORS 86A.242 & 86A.203
Other Auth.: 24 CFR Sec. 3400.103(e)(6)–(7)
Stats. Implemented: ORS 86A.203
Proposed Adoptions: 441-880-0005, 441-880-0006, 441-880-0007, 441-880-0008
Last Date for Comment: 11-9-11, 5 p.m.
Summary: In response to the recent housing crisis, the Congress enacted
the S.A.F.E. Mortgage Licensing Act of 2008 (Pub. L.
110-289). The S.A.F.E. Act sets minimum standards for the states to
adopt for the licensing of mortgage loan originators; i.e., individuals that
take mortgage loan applications and negotiate mortgage loan terms. After
passage of the federal law and implementation at the state level, various
groups raised concerns that the S.A.F.E. Act could apply to nonprofit
organizations and government entities engaged in loan origination activities.
In response, the U.S. Department of Housing and Urban Development issued final
regulations in July 2011 (see 76 Fed. Reg. 38464). HUD
determined that the S.A.F.E. Act applies to business, not “bona fide” nonprofit
organizations and government entities. HUD’s interpretation required states to
establish criteria for nonprofit organizations to be considered bona fide, for
purposes of the S.A.F.E. Act, and to establish a basic process for making the
determination, This proposed rulemaking activity establishes the process and
criteria used to determine when a nonprofit organization is bona fide and
clarifies that certain government employees need not obtain mortgage loan
originator’s licenses.
Rules Coordinator: Shelley Greiner
Address: Department of Consumer and Business Services, Finance
and Corporate Securities, 350 Winter St. NE, Rm. 410, Salem, OR 97301
Telephone: (503) 947-7484
Rule Caption: Repeals duplicative and unneeded rules
relating to credit service organizations.
Stat.
Auth.: 2009 OL Ch. 604, Sec. 27
Stats. Implemented: 2009 OL Ch. 604, Sec. 27
Proposed Repeals: 441-830-0010, 441-830-0015, 441-830-0020,
441-830-0030, 441-830-0040
Last Date for
Comment: 11-15-11, 5 p.m.
Summary: Until 2009, Oregon law required credit service
organizations — entities registered to improve a consumer’s credit record
or to help obtain an extension of credit for a consumer — to register
with DCBS. In 2009, the Legislature enacted House Bill 2191 (2009 OL Ch. 604;
the Act). The Act consolidated statutes regulating the practices of credit
service organizations and debt consolidation agencies into a single series. As
part of the consolidation section 27 of the Act, a provision that was not
codified on the Oregon Revised Statutes, repealed the existing provisions of
law governing credit service organizations. However, several existing rules
that implemented the credit service organization statues remained in the
administrative rule compilation. This rulemaking activity proposes to remove
these duplicative and unneeded rules relating to credit service organizations.
Rules Coordinator: Shelley Greiner
Address: Department of Consumer and Business Services, Finance
and Corporate Securities, 350 Winter St. NE, Rm. 410, Salem, OR 97301
Telephone: (503) 947-7484
Rule
Caption: Registration of Contracting
Entity that Enters into Contracts for Provider Leasing.
Date: Time: Location:
11-1-11 1:30
p.m. 350
Winter St. NE
Conference
Rm. F
Salem,
OR
Hearing Officer: Jeannette Holman
Stat. Auth.: ORS 731.244
Other Auth.: 2011 OL Ch. 561, Sec. 3 (Enrolled SB 634)
Stats. Implemented: 2011 OL Ch. 561, Sec. 1 & 3–5 (Enrolled SB 634)
Proposed Adoptions: 836-200-0250, 836-200-0255
Last Date for Comment: 11-8-11, Close of Business
Summary: Rulemaking proposes to establish the process for a contracting
entity that is not operating under a certificate of authority or license issued
by the Department of Consumer and Business Services (DCBS) to register with
DCBS. A contracting entity is a person that contracts directly with a provider
for the delivery of health care services or contracts with a third party for
the purposes of selling or making available to the third party the provider’s
health care services of discounted rates or the services or rates of a provider
panel under a provider network contract. If the contracting entity is not an
authorized insurer or licensee operating under a certificate of authority or
license issued by DCBS, the contracting entity is required to register with the
department.
Rules Coordinator: Sue Munson
Address: Department of Consumer and Business Services,
Insurance Division, 350 Winter St. NE, Rm. 440, Salem, OR 97301
Telephone: (503) 947-7272
Rule
Caption: Certified retainer medical
practices application, renewal and disclosure requirements.
Date: Time: Location:
10-25-11 1:30
p.m. 350
Winter St. NE,
Conference
Rm. F
Salem,
Oregon
Hearing Officer: Jeannette Holman
Stat. Auth.: ORS 731.244
Other Auth.: 2011 OL Ch. 499 Sec. 2 & 3 (Enrolled SB 86)
Stats. Implemented: 2011 OL Ch. 499 Sec. 2 & 3 (Enrolled SB 86)
Proposed Adoptions: 836-200-0300, 836-200-0305, 836-200-0310, 836-200-0315
Last Date for Comment: 11-1-11, Close of Business
Summary: This rulemaking implements Senate Bill 86, enacted by the 2011
Legislative Assembly. Chapter 499, Oregon Laws 2011 (Enrolled Senate Bill 86)
creates an exemption from the Insurance Code for certified retainer medical
practices. To be certified, a retainer medical practice must submit an
application to the Department of Consumer and Business Services (DCBS) and meet
certain criteria. These proposed rules establish a certification framework that
includes the process and requirements for the initial certification application
and a process to renew the certification. The proposed rules also include
provision to clarify the statutory patient disclosure requirements and to add
one additional disclosure requirement.
Rules Coordinator: Sue Munson
Address: Department of Consumer and Business Services,
Insurance Division, 350 Winter St. NE, Rm. 440, Salem, OR 97301
Telephone: (503) 947-7272
Rule
Caption: Medical fee schedule;
managing care; attending physicians; delay of reconsideration of claim closure
pending settlement.
Date: Time: Location:
10-24-11 10
a.m.* Labor
& Industries Bldg.
350
Winter St. NE, Rm. 260
Salem,
OR
Hearing Officer: Fred Bruyns
Stat. Auth.: ORS 656.726(4), 656.248, 656.260 & 656.268
Stats. Implemented: ORS chapter 656, primarily 656.005(12) [OL 2011, ch. 117, HB
2743], 656.245, 656.248, 656.260 [OL 2011, ch. 98, HB 2093] & 656.268 [OL
2011, ch. 99, HB 2094]
Proposed Amendments: 436-009-0080, 436-010-0210, 436-010-0230, 436-010-0280,
436-015-0008, 436-030-0003, 436-030-0036, 436-030-0145, 436-030-0165
Last Date for Comment: 10-27-11
Summary: *NOTE: The hearing will begin at 10:00 a.m. and end when all
present who wish to testify have done so. Written testimony will be accepted
through Oct. 27, 2011.
NOTE:
“Insurer” in this summary includes self-insured employers. The agency proposes
to amend OAR chapter 436 to improve organization, clarity and consistency, and
to eliminate obsolete information. More specifically:
The
agency proposes to amend OAR chapter 436, division 009, “Oregon Medical Fee and
Payment Rules,” limited to rule 0080, affecting payment for durable medical
equipment, prosthetics, orthotics, and supplies (DMEPOS). These proposed rules: Establish maximum payments for DMEPOS Healthcare Common Procedure Coding System
(HCPCS) codes published by the Centers for Medicare and Medicaid Services. These codes are commonly used by health care providers and payers.
The rule also lists maximum percentages for services and items that have no
HCPCS codes, and for equipment that is used or rented.
The
agency proposes to amend OAR chapter 436, division 010, “Medical Services.”
These proposed rules: Implement House Bill 2743 by including podiatric
physicians and surgeons among those health care providers who may serve as
attending physicians, without limitation, in the workers’ compensation system.
In addition, the agency proposes to correct the term, “lumbar spondylosis,” to
“lumbar spondylolysis” (upon advice from the Medical Advisory Committee).
The
agency proposes to amend OAR chapter 436, division 015, “Managed Care
Organizations.” These proposed rules: Implement House Bill 2093 by referring
to civil penalties and to cease and desist orders that may be issued under ORS
656.260(20).
The
agency proposes to amend OAR chapter 436, division 030, “Claim Closure and
Reconsideration.” These proposed rules: Implement House Bill 2094 by
describing the process for the director to delay the reconsideration proceeding
and toll the reconsideration timeline for up to 45 days when both parties
request the delay for settlement negotiations. The proposed rules also more
fully describe the arbiter selection process, including options for
participation by the parties in the selection, and align rule with statute
regarding the effective suspension date if a worker fails to attend or
cooperate with a medical arbiter examination.
Address questions or requests for
paper copies of the rules to: Fred Bruyns, Rules Coordinator; phone
503-947-7717; fax 503-947-7514; e-mail fred.h.bruyns@state.or.us. Proposed
rules are available on the Workers’ Compensation Division’s website:
http://wcd.oregon.gov/policy/rules/rules.html#proprules
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
Rule
Caption: Amendments Business Energy
Tax Credit rules to implement Oregon Laws 2011, Chapter 730 (HB 3672).
Date: Time: Location:
10-21-11 10:30
a.m. Dept.
of Energy
625
Marion St. NE
Salem,
OR
Hearing Officer: Staff
Stat. Auth.: ORS 469.040, 469.165, 469.185, 469.225, 2011 OL Ch. 730 (HB 3672)
Stats. Implemented: 2011 OL Ch. 730 (HB 3672)
Proposed Adoptions: 330-090-0160
Proposed Amendments: 330-090-0133
Last Date for Comment: 10-21-11, 5 p.m.
Summary: These permanent rule amendments implement changes made by Oregon
Laws 2011, Chapter 730 (House Bill 3672) to the Business Energy Tax Credit
program. These amendments implement statutory changes to the sunset of the
program, and provide a process for participants to demonstrate “beginning
construction before April 15, 2011” for the purpose of extending the time allowed to receive final certification of their
facility.
Rules Coordinator: Kathy Stuttaford
Address: Department of Energy, 625 Marion St. NE, Salem, OR
97301
Telephone: (503) 373-2127
Rule
Caption: Separation of BETC Manufacturing
from Rules to implement Oregon Laws 2011, Chapter 474 (HB 2523).
Date: Time: Location:
10-21-11 9
a.m. Dept.
of Energy
625
Marion St. NE
Salem,
OR
Hearing Officer: Staff
Stat. Auth.: ORS 469.040, 469.165, 469.185–469.225, Oregon Laws 2011, Chapter
474 (HB 2523)
Stats. Implemented: Oregon Laws 2011, Chapter 474 (HB 2523)
Proposed Adoptions: 330-091-0100, 330-091-0105, 330-091-0110, 330-091-0120,
330-091-0130, 330-091-0133, 330-091-0140, 330-091-0150, 330-091-0450
Proposed Amendments: 330-090-0105, 330-090-0110, 330-090-0120, 330-090-0130,
330-090-0133, 330-090-0150
Proposed Repeals: 330-090-0450
Last Date for Comment: 10-21-11, 5 p.m.
Summary: These permanent rule amendments implement changes made by Oregon
Laws 2011, Chapter 474 (House Bill 2523) to the Business Energy Tax Credit
program for Renewable Energy Resource Equipment Manufacturing Facilities. These
amendments prepare the rules for the transfer of the administration of the BETC
Manufacturing program from the Oregon Department of Energy to the Oregon
Business Development Department.
The
new rule Division (091) provides a set of rules for the Oregon Business
Development Department to use for the administration of the BETC Manufacturing
program from January 1, 2012, when the program is transferred, until they adopt
new rules. The amendments and repeal in Division 090 remove references to the
BETC Manufacturing program from the remaining BETC rules, to prevent conflict
with the new division. Rule language has been duplicated within Division 91
based on existing BETC rules in Division 90, the restructuring has been
prepared for administrative purposes and no policy changes have been made.
Rules Coordinator: Kathy Stuttaford
Address: Department of Energy, 625 Marion St. NE, Salem, OR
97301
Telephone: (503) 373-2127
Rule
Caption: Water Quality Standards
Revision, West Division Main Canal near Hermiston, Oregon.
Date: Time: Location:
11-2-11 6
p.m. Good
Shepherd Hospital
610
NW 11th St.,
Conference
Center 1
Hermiston,
OR
Hearing Officer: Duane Smith
Stat. Auth.: ORS 468.020, 468B.030, 468B.035 & 468B.048
Stats. Implemented: ORS 468B.030, 468B.035 & 468B.048
Proposed Amendments: 340-041-0310, 340-041-0315
Last Date for Comment: 11-15-11, 5 p.m.
Summary: DEQ proposes to revise water quality standards for the West
Division Main Canal located near the City of Hermiston. The proposed rulemaking
revises the designated beneficial uses for the West Division Main Canal and
establishes site-specific water quality criteria (numeric and qualitative
goals) for the canal that protect those uses. The canal is a man-made,
concrete-lined irrigation water conveyance that is screened at both ends to
prevent fish from entering the canal. The current beneficial uses were
designated broadly for the Umatilla subbasin, treating the canal as a natural
stream. The rulemaking removes uses that do not exist and are not feasibly
attainable in the canal, including aquatic life, public and private domestic
water supply and fishing. DEQ’s proposed revisions will result in water quality
standards based on the actual or possible uses of the canal: irrigation,
livestock watering and water contact.
The
proposed water quality criteria for the canal will be less stringent than existing
criteria. The new criteria will make discharge to the canal a feasible
alternative for the City of Hermiston (indirect effect of rule). The City
currently combines land application and discharge to the Umatilla River for
warm season discharge. Canal discharge would eliminate the need for both during
the warm season.
DEQ
does not expect that the revisions to the water quality standards will result
in a degradation of water quality within the canal; rather, the proposed
revisions are intended to protect existing uses and water quality. As a result,
no businesses or land uses will be adversely influenced.
Rules Coordinator: Maggie Vandehey
Address: Department of Environmental Quality, 811 SW Sixth
Ave., Portland, OR 97204-1390
Telephone: (503) 229-6878
Rule
Caption: Potentially Disqualifying
Abuse, Oregon Health Authority, Legislative Changes and Clarifications to
Background Check Rules.
Date: Time: Location:
10-17-11 1:30
p.m. Human
Services Bldg., Rm. 137C
500
Summer St. NE
Salem,
OR 97301
Hearing Officer: Jennifer Bittel
Stat. Auth.: ORS 181.534, 181.537, 183.459, 409.025, 409.027, 409.050,
410.020, 411.060, 411.122, 418.016, 418.640, 441.055, 443.730, 443.735 &
678.153
Stats. Implemented: ORS 181.534, 181.537, 183.459, 409.010, 409.025, 409.027,
411.060, 411.122 & 443.004
Proposed Adoptions: 407-007-0335
Proposed Amendments: 407-007-0200, 407-007-0210, 407-007-0220, 407-007-0230,
407-007-0240, 407-007-0250, 407-007-0290, 407-007-0300, 407-007-0315,
407-007-0320, 407-007-0325, 407-007-0330, 407-007-0340, 407-007-0350, 407-007-0370
Proposed Repeals: 407-007-0200(T), 407-007-0210(T), 407-007-0220(T),
407-007-0230(T), 407-007-0240(T), 407-007-0250(T), 407-007-0290(T),
407-007-0300(T), 407-007-0315(T), 407-007-0320(T), 407-007-0325(T),
407-007-0330(T), 407-007-0340(T), 407-007-0350(T)
Last Date for Comment: 10-19-11, 5 p.m.
Summary: The Department of Human Services and the Oregon Health Authority
are implementing ORS 409.027 which allows for the use
of abuse investigations in determining a subject individual’s fitness to
provide care to vulnerable individuals. The use of certain abuse investigations
where a subject individual is found to be responsible for the abuse as a
potentially disqualifying condition shall be included in the background check
process handled by the Background Check Unit, including an expedited hearing
process for subject individuals given notice of intent to deny based solely on
potentially disqualifying abuse. The requirement for a background check is
updated for certain subject individuals. The contested case hearing process is
updated pursuant to ORS 183.459 allowing the use of union representatives in
contested case hearings for homecare workers. Amendments to these rules also
correct grammatical and stylistic errors, and clarify current processes. The
creation of the Oregon Health Authority on 7/1/2011 is also addressed in
changes and updates to these rules. Adoption of these rules will repeal
temporary rules currently in effect.
Proposed
rules are available on the Background Check Unit website:
http://www.oregon.gov/DHS/chc/index.shtml, and 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, 500 Summer St. NE, Salem, OR 97301
Telephone: (503) 947-5250
Rule
Caption: Changing OARs affecting Child
Welfare programs.
Date: Time: Location:
10-25-11 8:30
a.m. 500
Summer St. NE, Rm. 255
Salem,
OR
Hearing Officer: Annette Tesch
Stat. Auth.: ORS 418.005, 418.335 & HB 2052 (2011)
Other Auth.: Fostering Connections to Success and Increasing Adoptions Act of
2008 (122 Stat. 3949–3981)
Stats. Implemented: ORS 183.411–183.685, 411.095, 418.005 & 418.335
Proposed Adoptions: 413-010-0501, 413-010-0502
Proposed Amendments: 413-010-0500, 413-010-0505, 413-010-0510, 413-010-0515,
413-010-0520, 413-010-0525, 413-010-0530, 413-010-0535
Last Date for Comment: 10-28-11, 5 p.m.
Summary: OAR 413-010-0500 is being amended to restate the purposes of the
contested case hearing rules and the policies about hearing rights, applicable
rules, and computation of time. This rule is also being amended to remove
definitions, which will be located in OAR 413-010-0501 and to remove its
description of policies about representation which will be located in OAR 413-010-0502.
OAR
413-010-0501 about the definitions is being adopted to set out definitions of
certain terms used in the contested case rules. The definitions of some of the
terms previously defined in OAR 413-010-0500 are being revised.
OAR
413-010-0502 about representation in contested cases and who may attend a
hearing is being adopted to set out set out and revise policies on this topic.
These topics were previously covered in OAR 413-010-0500.
OAR
413-010-0505 about hearing requests is being amended to clarify and correct
references in the rule.
OAR
413-010-0510 about the notice for a contested case hearing is being amended to
more clearly specify that the required contents of a notice on the topic of the
Department’s right to recover payments made pending a hearing decision.
OAR
413-010-0515 about continuation of benefits is being amended to revise the
circumstances and timelines under which payments and benefits may continue
pending the hearing of a contested case.
OAR
413-020-0520 about informal conferences and OAR 413-020-0525 about the burden
of proof are being amended to indicate when defined terms are used.
OAR
413-010-0530 about withdrawals and dismissals is being amended to clarify terms
used in the rule.
OAR
413-010-0535 about proposed and final orders is being amended to revise the
date on which a proposed and final order becomes a final order when a party
does not submit timely exceptions or argument.
These
rules (OAR 413-010-0500 to 413-010-0535) are also being amended to make
permanent temporary rule changes adopted on June 30, 2011.
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 October 28, 2011 at 5:00 p.m. Written comments
may be submitted via e-mail to Annette.Tesch@state.or.us, faxed to
503-373-7032, or mailed to Annette Tesch, Rules Coordinator, DHS - Children,
Adults, and Families Division, 500 Summer Street NE, E-48, Salem, Oregon,
97301. The Department provides the same consideration to written comment as it
does to any oral or written testimony provided at the public hearing.
Rules Coordinator: Annette Tesch
Address: Department of Human Services, Children, Adults and
Families Division: Child Welfare Programs, 500 Summer St. NE, E-48, Salem, OR
97301-1066
Telephone: (503) 945-6067
Rule
Caption: Changing OARs affecting Child
Welfare programs.
Date: Time: Location:
10-25-11 8:30
a.m. 500
Summer St. NE, Rm. 255
Salem,
OR
Hearing Officer: Annette Tesch
Stat. Auth.: ORS 418.005, 418.340 & HB 2052 (2011)
Stats. Implemented: ORS 418.005, 418.330, 418.335 & 418.340
Proposed Amendments: 413-020-0200, 413-020-0210, 413-020-0230, 413-020-0233,
413-020-0236, 413-020-0240, 413-020-0245, 413-020-0255
Last Date for Comment: 10-28-11, 5 p.m.
Summary: These rules about enhanced supervision and supervision planning
are being changed because the Department is clarifying the structure in which
decisions regarding level of care payments are made for guardianship assistance
and adoption assistance. These rules are also being amended to fully implement
the Fostering connection to Success and Increasing Adoptions Act of 2008 (122
Stat. 3949-3981) that provide for guardianship assistance payments and adoption
assistance payments for eligible children up to age 21. These rules are also
being amended to explain the Department’s responsibility for decision-making in
level of care payments. Most of these rule changes make permanent changes
adopted by temporary rule on June 30, 2011.
OAR
413-020-0200 about the purpose of the Department’s rules (OAR 413-020-0200 to
413-020-0255) regarding the Department’s responsibilities regarding enhanced
supervision is being amended to clarify the purpose of the rules.
OAR
413-020-0210 about the definitions of key terms used in these rules is being
amended to add current and remove and revise outdated definitions of certain
terms used throughout these rules.
OAR
413-020-0230 about the referral for and review of the CANS screening is being
amended to restate the referral and review of CANS screenings for children and
young adults in substitute care and children and young adults receiving or
about to receive guardianship assistance or adoption assistance.
OAR
413-020-0233 about when a supervision plan is required is being amended to
restate when a supervision plan is or is not required subsequent to
determination that a child needs enhanced supervision.
OAR
413-020-0236 is being amended to restate the Department responsibilities for
supervision plans and use of physical restraint.
OAR
413-020-0240 is being amended to restate the limitations and reporting
requirements when a physical restraint is used.
OAR
413-020-0245 is being amended to restate the monitoring responsibilities of the
Department when a child or young adult has a supervision plan.
OAR
413-020-0255 is being amended to restate training required for planned use of
physical restraint.
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 October 28, 2011 at 5:00 p.m. Written comments
may be submitted via e-mail to Annette.Tesch@state.or.us, faxed to
503-373-7032, or mailed to Annette Tesch, Rules Coordinator, DHS - Children,
Adults, and Families Division, 500 Summer Street NE, E-48, Salem, Oregon,
97301. The Department provides the same consideration to written comment as it
does to any oral or written testimony provided at the public hearing.
Rules Coordinator: Annette Tesch
Address: Department of Human Services, Children, Adults and
Families Division: Child Welfare Programs, 500 Summer St. NE, E-48, Salem, OR
97301-1066
Telephone: (503) 945-6067
Rule
Caption: Changing OARs affecting Child
Welfare programs.
Date: Time: Location:
10-25-11 8:30
a.m. 500
Summer St. NE, Rm. 255
Salem,
OR
Hearing Officer: Annette Tesch
Stat. Auth.: ORS 418.005
Other Auth.: P.L. 110-351, Fostering Connections to Success and Increasing Adoptions
Act of 2008 (122 Stat. 3949–3981)
Stats. Implemented: ORS 109.119, 418.005, 419A.004 & 419B.192
Proposed Amendments: 413-070-0063
Last Date for Comment: 10-28-11, 5 p.m.
Summary: OAR 413-070-0063 is being amended to clarify the definition of
the term relative as used in rules that set out the Department’s responsibility
to search for and engage a child or young adult’s relatives. This amendment
also aligns the definition with the definition of the term “relative” used in
other child welfare rules, and makes permanent changes to this rule adopted by
temporary rule on June 30, 2011.
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 October 28, 2011 at 5:00 p.m. Written comments
may be submitted via e-mail to Annette.Tesch@state.or.us, faxed to
503-373-7032, or mailed to Annette Tesch, Rules Coordinator, DHS - Children,
Adults, and Families Division, 500 Summer Street NE, E-48, Salem, Oregon,
97301. The Department provides the same consideration to written comment as it
does to any oral or written testimony provided at the public hearing.
Rules Coordinator: Annette Tesch
Address: Department of Human Services, Children, Adults and
Families Division: Child Welfare Programs, 500 Summer St. NE, E-48, Salem, OR
97301-1066
Telephone: (503) 945-6067
Rule
Caption: Changing OARs affecting Child
Welfare programs.
Date: Time: Location:
10-25-11 8:30
a.m. 500
Summer St. NE, Rm. 255
Salem,
OR
Hearing Officer: Annette Tesch
Stat. Auth.: ORS 418.005, 418.340 & HB 2052 (2011)
Other Auth.: Fostering Connections to Success and Increasing Adoptions Act of
2008 (Public Law (P.L.) 110-351) and program instructions regarding this law;
Title IV-E Waiver Terms and Conditions
Stats. Implemented: ORS 418.005, 418.330. 418.335, 418.340 & HB 2052 (2011)
Proposed Amendments: 413-070-0900, 413-070-0905, 413-070-0909, 413-070-0917,
413-070-0919, 413-070-0925, 413-070-0934, 413-070-0939, 413-070-0944,
413-070-0949, 413-070-0959, 413-070-0964, 413-070-0969, 413-070-0970, 413-070-0974
Proposed Repeals: 413-070-0929, 413-070-0979
Last Date for Comment: 10-28-11, 5 p.m.
Summary: OAR 413-070-0900 about the purpose is being amended to clarify
the rule and to indicate that the rules now cover guardianship assistance that
may be extended for certain young adults.
OAR
413-070-0905 about definitions of certain terms used in the guardianship
assistance rules is being amended to add current and remove or revise outdated
definitions of certain terms used throughout these rules.
OAR
413-070-0909 about funding of guardianship assistance is being amended to
explain and update the funding sources for guardianship assistance, and
indicate that new guardianship assistance will not be available for
non-relative guardians.
OAR
413-070-0917 about eligibility is being amended to describe federal changes
regarding establishment of guardianship assistance for a child placed outside
of the United States, correct references, clarify caseworker duties regarding
guardianship, set out sibling eligibility for guardianship assistance purposes,
and describe the conditions for an extension of guardianship assistance on
behalf of certain young adults. The temporary rule currently in place will be
changed in the permanent rule to clarify the condition under which a child who
is turning 18 and has a developmental disability may qualify for an extension
of guardianship assistance.
OAR
413-070-0919 about eligibility and requirements for a child or young adult in
the care or legal custody of a participating tribe is being amended to correct
references, update terminology, and clarify requirements for child placement.
OAR
413-070-0925 about eligibility of a potential guardian is being amended to
implement new federal education requirements for guardianship assistance and to
remove what is now stated in Child Welfare Policy I-E.3.6.1, Guardianship as a
Permanency Plan, OAR 413-070-0665(2).
OAR
413-070-0929 about determination of permanency plan for guardianship is being
repealed because this topic is now covered in Child Welfare Policy I-E.3.6.1,
Guardianship as a Permanency Plan, OAR 413-070-0651 to 413-070-0670.
OAR
413-070-0934 about application requirements and responsibilities is being
amended to clarify Department responsibilities and situations that might delay
the negotiation of guardianship assistance base rate.
OAR
413-070-0939 about guardianship assistance payments, medical assistance, and
nonrecurring guardianship expenses is being amended to clarify and describe the
guardianship assistance negotiation and review process. This rule is also being
amended to describe requirements for medical assistance and social services,
nonrecurring guardianship expenses, and overpayment responsibilities.
OAR
413-070-0944 about legal expenses of a guardian is being amended to clarify the
legal expenses that are not authorized for reimbursement by the Department.
This rule is also being amended to remove language about funding establishment
of a guardianship because the topic is now covered in OAR 413-070-0949.
OAR
413-070-0949 about guardianship assistance agreement requirements is amended to
more clearly explain what must be included in a guardianship assistance
agreement and to indicate how this rule applies to young adults. The temporary
rule currently in place will be changed in the permanent rule to indicate that
guardianship assistance can continue when a child or young adult moves out of
the guardian’s home for school or work if the guardianship assistance agreement
so states.
OAR
413-070-0959 about court order of guardianship and OAR 413-070-0964 about
changes guardians must report and annual reports guardian must provide are
being amended to update and clarify these rules.
OAR
413-070-0964 about information guardians must report to the Department (and
which was not amended by temporary rule) is being amended to clarify the
circumstances and occurrences that a guardian needs to report to the
Department.
OAR
413-070-0969 about renegotiation of a guardianship assistance agreement is
being amended to update terminology and clarify the renegotiation process.
OAR
413-070-0970 about guardianship social support services is being amended to
cover only topics that need to be in a rule.
OAR 413-070-0974 about review, adjustment, suspension, and
termination of guardianship assistance is being amended to clarify the
conditions under which guardianship assistance may be reviewed by the
Department and how changes or termination of that agreement are made.
This rule is also being amended to set out how this rule applies to a young
adult who has an extension of guardianship assistance. The temporary rule
currently in place will be changed in the permanent rule to more fully explain
the conditions under which a guardianship assistance agreement may be reviewed,
adjusted, suspended, terminated, and expire.
OAR
413-070-0979 about the guardianship assistance review committee and appeals
procedure is being repealed because this topic is now covered in OAR
413-070-0939.
These
rules are also being amended to make permanent the temporary rule changes
adopted June 30, 2011.
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 October 28, 2011 at 5:00 p.m. Written comments
may be submitted via e-mail to Annette.Tesch@state.or.us, faxed to
503-373-7032, or mailed to Annette Tesch, Rules Coordinator, DHS - Children,
Adults, and Families Division, 500 Summer Street NE, E-48, Salem, Oregon,
97301. The Department provides the same consideration to written comment as it
does to any oral or written testimony provided at the public hearing.
Rules Coordinator: Annette Tesch
Address: Department of Human Services, Children, Adults and
Families Division: Child Welfare Programs, 500 Summer St. NE, E-48, Salem, OR
97301-1066
Telephone: (503) 945-6067
Rule
Caption: Changing OARs affecting Child
Welfare programs.
Date: Time: Location:
10-25-11 8:30
a.m. 500
Summer St. NE, Rm. 255
Salem,
OR
Hearing Officer: Annette Tesch
Stat. Auth.: ORS 418.005, 418.340 & HB 2052 (2011)
Other Auth.: Fostering Connections to Success and Increasing Adoptions Act of
2008 (122 Stat. 3949–3981)
Stats. Implemented: ORS 418.005, 418.470, 418.330, 418.335, 418.340 & 418.625
Proposed Amendments: 413-090-0000, 413-090-0005, 413-090-0010, 413-090-0021,
413-090-0030, 413-090-0040, 413-090-0050
Last Date for Comment: 10-28-11, 5 p.m.
Summary: These rules about the responsibilities of the Department on behalf
of a child or young adult to provide foster care maintenance payments to a
certified family; an independent living housing subsidy to an eligible child or
young adult who is in the legal custody of the Department, living
independently; and payment to an individual eligible for a Chafee housing
payment of the Department are being amended to lower payments due to budget
constraints faced by the Department and to implement provisions of the
Fostering Connections to Success and Increasing Adoptions Act of 2008. These
amendments also make permanent changes adopted by temporary rule on June 30,
2011.
OAR
413-090-0000 is also being amended to clarify the purposes of OAR 413-090-0000
to 413-090-0050.
OAR
413-090-0005 about the definitions of key terms used in these rules is also
being amended to add current and remove outdated definitions of certain terms
used throughout these rules.
OAR
413-090-0010 about payments authorized by the Department is also being amended
to state the reduced foster care base rate changes approved during the 2011
Legislative session. The reduced rates will start January 1, 2012. This rule is
also being amended to revise the eligibility criteria for payments the
Department will authorize for family foster care, level of care payments, and
payment for a child of a dependent parent, and the payments to youth eligible
for a Chafee housing payment or independent living housing payment.
OAR
413-090-0021 about periodic review of eligibility for level of care payments is
also being amended to set out the effective date of changes in payments and
when a CANS screening is conducted.
OAR
413-090-0030 about payment for temporary absences from family foster care is
also being amended to revise and clarify the criteria for receiving these
payments.
OAR
413-090-0040 about payment during adoptive supervision is also being amended to
clarify the type of payments and criteria for receiving them.
OAR
413-090-0050 about payment to a certified family moving to another state is
also being amended to clarify the payments provided.
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 October 28, 2011 at 5:00 p.m. Written comments
may be submitted via e-mail to Annette.Tesch@state.or.us, faxed to
503-373-7032, or mailed to Annette Tesch, Rules Coordinator, DHS - Children,
Adults, and Families Division, 500 Summer Street NE, E-48, Salem, Oregon,
97301. The Department provides the same consideration to written comment as it
does to any oral or written testimony provided at the public hearing.
Rules Coordinator: Annette Tesch
Address: Department of Human Services, Children, Adults and
Families Division: Child Welfare Programs, 500 Summer St. NE, E-48, Salem, OR
97301-1066
Telephone: (503) 945-6067
Rule
Caption: Changing OARs affecting Child
Welfare programs.
Date: Time: Location:
10-25-11 8:30
a.m. 500
Summer St. NE, Rm. 255
Salem,
OR
Hearing Officer: Annette Tesch
Stat. Auth.: ORS 409.050, 412.084, 418.005 & 418.340
Other Auth.: Fostering Connections to Success and Increasing Adoptions Act of
2008 (122 Stat. 3949–3981)
Stats. Implemented: ORS 409.010, 412.084, 412.144, 418.005, 418.330, 418.335,
418.340, 418.625, 419B.175, 419B.180, 419B.185 & 419B.340
Proposed Amendments: 413-100-0135, 413-100-0150
Last Date for Comment: 10-28-11, 5 p.m.
Summary: These rule changes are part of the implementation of PL 110-351
Fostering Connections to Success and Increasing Adoptions Act of 2008 (122
Stat. 3949–3981) for Title IV-E eligibility. OAR 413-100-0135 is being
amended to clarify the removal and specified relative criteria as it applies to
children ages 0 through 17, and to young adults, ages 18 through 20. OAR
413-100-0150 is being amended to explain that OASDI means Old-Age,
Survivors, and Disability Insurance (OASDI) so the rule can be better
understood by Department staff or the public. These rule changes make permanent
changes adopted by temporary rule on June 30, 2011.
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 October 28, 2011 at 5:00 p.m. Written comments
may be submitted via e-mail to Annette.Tesch@state.or.us, faxed to
503-373-7032, or mailed to Annette Tesch, Rules Coordinator, DHS - Children,
Adults, and Families Division, 500 Summer Street NE, E-48, Salem, Oregon,
97301. The Department provides the same consideration to written comment as it
does to any oral or written testimony provided at the public hearing.
Rules Coordinator: Annette Tesch
Address: Department of Human Services, Children, Adults and
Families Division: Child Welfare Programs, 500 Summer St. NE, E-48, Salem, OR
97301-1066
Telephone: (503) 945-6067
Rule
Caption: Changing OARs affecting Child
Welfare programs.
Date: Time: Location:
10-25-11 8:30
a.m. 500
Summer St. NE, Rm. 255
Salem,
OR
Hearing Officer: Annette Tesch
Stat. Auth.: ORS 409.050 & 418.005
Other Auth.: Fostering Connections to Success and Increasing Adoptions Act of
2008 (122 Stat. 3949–3981)
Stats. Implemented: ORS 326.575, 336.187, 409.010, 418.005, 419B.045, 419B.192,
419B.220 & 419B.343
Proposed Amendments: 413-100-0900, 413-100-0905, 413-100-0910, 413-100-0915,
413-100-0920, 413-100-0925, 413-100-0930, 413-100-0940
Last Date for Comment: 10-28-11, 5 p.m.
Summary: OAR 413-100-0905 defining certain terms used in rules about
educational services for a child or young adult in substitute care is being
changed to define the term “child”
OAR
413-100-0915 about ensuring the enrollment of a child or young adult in
substitute care in school or an educational setting is being amended to clarify
the approval process for international study, clarify who has responsibilities
for decision making on a child’s school or educational setting, and clarify the
Department’s responsibilities to maintain a child in full time attendance in
school, except for medical reasons, under Chapter 581 of the Oregon
Administrative Rules.
OAR
413-100-0925 about consent for special education services for a child or young
adult in substitute care is being amended to clarify authority to consent to
special education services for a young adult.
OAR
413-100-0930 about the right to a child’s education records for a child in substitute
care is being amended to clarify the protections for special education records.
The
above rules are also being amended to make permanent changes adopted by
temporary rules on June 30, 2011. These rules along with OAR 413-100-0900,
413-100-0910, 413-100-0920, and 413-100-0940 are also being amended to identify
defined terms.
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 October 28, 2011 at 5:00 p.m. Written comments
may be submitted via e-mail to Annette.Tesch@state.or.us, faxed to
503-373-7032, or mailed to Annette Tesch, Rules Coordinator, DHS - Children,
Adults, and Families Division, 500 Summer Street NE, E-48, Salem, Oregon,
97301. The Department provides the same consideration to written comment as it
does to any oral or written testimony provided at the public hearing.
Rules Coordinator: Annette Tesch
Address: Department of Human Services, Children, Adults and
Families Division: Child Welfare Programs, 500 Summer St. NE, E-48, Salem, OR
97301-1066
Telephone: (503) 945-6067
Rule
Caption: Changing OARs affecting Child
Welfare programs.
Date: Time: Location:
10-25-11 8:30
a.m. 500
Summer St. NE, Rm. 255
Salem,
OR
Hearing Officer: Annette Tesch
Stat. Auth.: ORS 418.005, 418.340 & HB 2052 (2011)
Other Auth.: Fostering Connections to Success and Increasing Adoptions Act of
2008 (122 Stat. 3949–3981)
Stats. Implemented: ORS 418.005, 418.330, 418.335 & 418.340
Proposed Adoptions: 413-130-0015, 413-130-0055
Proposed Amendments: 413-130-0000, 413-130-0010, 413-130-0020, 413-130-0040,
413-130-0050, 413-130-0070, 413-130-0075, 413-130-0080, 413-130-0090,
413-130-0100, 413-130-0110, 413-130-0125, 413-130-0130
Proposed Repeals: 413-130-0045, 413-130-0060, 413-130-0115
Proposed Ren. & Amends: 413-130-0030 to 413-130-0077
Last Date for Comment: 10-28-11, 5 p.m.
Summary: OAR 413-130-0000 is being amended to clarify the purposes of the
rules about adoption assistance and to explain when adoption assistance may be
extended for certain young adults.
OAR
413-130-0010 is being amended to add current and revise or remove outdated
definitions of terms used throughout the rules about adoption assistance.
OAR
413-130-0015 is being adopted to describe the methods of funding for adoption
assistance (state or federal funds) and how the Department responds to adoption
assistance applications when neither are available.
OAR
413-130-0020 about special needs determination for adoption assistance eligibility
is being amended to clarify the special needs determination requirements.
OAR
413-130-0030 about eligibility for nonrecurring expenses is being renumbered to OAR 413-130-0077.
OAR
413-130-0040 about eligibility for an adoption assistance payment is being
amended to revise its description of federal requirements. This rule is also
being amended to revise its description of when state-funded adoption
assistance may be provided for children.
OAR
413-130-0045 about the connection between a child’s immigrant status and
adoption assistance is being repealed. This topic is being covered in OAR
413-130-0040.
OAR
413-130-0050 is being amended to revise the description of adoption assistance
application requirements and responsibilities and give timelines for the
negotiation process of adoption assistance base rate.
OAR
413-130-0055 is being adopted to implement HB 2052 (2011), which implements the
federal Fostering Connections to Success and Increasing Adoptions Act of 2008,
allowing extension of adoption assistance for certain young adults. This rule
is also being amended to clarify the conditions under which a child who is
turning 18 may be eligible to extend adoption assistance and to explain how a
child with a developmental disability may qualify for an extension of adoption
assistance.
OAR
413-130-0060 about written agreements between the Department and adoptive or
pre-adoptive families when there is no current need for adoption assistance
benefits is being repealed because the topic is now covered in OAR
413-130-0070.
OAR
413-130-0070 is being amended revise the policies about the negotiation of
adoption assistance base rate, level of care requirements, and the review
process when an agreement cannot be reached during negotiation.
OAR
413-130-0075 is being amended to update terminology and clarify the conditions
under which a pre-adoptive family or adoptive family can request a
renegotiation of an adoption assistance agreement.
OAR
413-130-0077 is being renumbered from OAR 413-130-0030 and amended to comply
with federal requirements regarding citizenship or residency in the U.S. for an
adopted child to receive nonrecurring adoption expenses.
OAR
413-130-0080 is being amended to update terminology and references, and clarify
the expenses that the Department will reimburse for nonrecurring expenses.
OAR
413-130-0090 is being amended to clarify Department authorization of a special
payment for unanticipated short-term costs directly related to the special
needs of a child or young adult.
OAR
413-130-0100 about medical assistance and social services is being amended to
remove topics now covered in Child Welfare Policy I-E.6.2, “Title XIX and
General Assistance Medical Eligibility”, OAR 413-100-0400 to 413-100-0610.
OAR
413-130-0110 is being amended to reorganize and make the rule easier to
understand. It also sets out new federal education requirements for adoption
assistance and the policies about changes of payees and overpayments.
OAR
413-130-0115 about the adoption assistance review committee and appeals
procedure is being repealed because this topic is now covered in OAR
413-130-0070.
OAR
413-130-0125 is being amended to state when adjustments may and may not be made
to adoption assistance. This rule also sets out the policy about automatic expiration
of an adoption assistance agreement. This rule is also being amended to state
how an adoption assistance payment may be modified by an across-the-board
increase or reduction.
OAR
413-130-0130 is being amended to clarify the conditions under which the
Department may consider adoption applications after a judgment of adoption has
been issued.
Most
of these rule changes make permanent temporary rule changes adopted June 30,
2011.
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 October 28, 2011 at 5:00 p.m. Written comments
may be submitted via e-mail to Annette.Tesch@state.or.us, faxed to
503-373-7032, or mailed to Annette Tesch, Rules Coordinator, DHS - Children,
Adults, and Families Division, 500 Summer Street NE, E-48, Salem, Oregon,
97301. The Department provides the same consideration to written comment as it
does to any oral or written testimony provided at the public hearing.
Rules Coordinator: Annette Tesch
Address: Department of Human Services, Children, Adults and
Families Division: Child Welfare Programs, 500 Summer St. NE, E-48, Salem, OR
97301-1066
Telephone: (503) 945-6067
Rule
Caption: Changes to amend rule with
reference to mid-cycle amendments to the 2010 Oregon Fire Code.
Date: Time: Location:
11-1-11 9:30
a.m. 4760
Portland Rd. NE
Salem,
OR 97305
Hearing Officer: John Caul
Stat. Auth.: ORS 476.030 & 2011 HB 2078
Stats. Implemented: ORS 476.030
Proposed Amendments: 837-040-0020
Last Date for Comment: 11-1-11, 12 p.m.
Summary: Rule changes are needed to correct any immediate life threatening
situations or conflicts in the codes and to update references to nationally
recognized standards since the adoption of the 2010 Oregon Fire Code.
Any
costs associated with these changes are necessary to the health and safety of
the occupants or the public.
The
agency requests public comment on whether other options should be considered
for achieving the rule’s substantive goals while reducing the negative economic
impact of the rule on business.
A
copy of rule changes can be obtained by calling the agency or found at the
Office of State Fire Marshal website.
Rules Coordinator: Connie Dalke
Address: Department of Oregon State Police, Office of State
Fire Marshal, 4760 Portland Rd. NE, Salem, OR 97305-1760
Telephone: (503) 934-8211
Rule
Caption: Review and update of
Administrative Rules for Oregon’s Fire Safer Cigarette Program.
Stat.
Auth.: ORS 476
Stats. Implemented: ORS 476.755–476.955
Proposed Amendments: 837-035-0000, 837-035-0060, 837-035-0080,
837-035-0100, 837-035-0160, 837-035-0200, 837-035-0220, 837-035-0240
Last Date for
Comment: 10-28-11, 5 p.m.
Summary: Review and update of Administrative Rules for Oregon’s
Fire Safer Cigarette Program.
The original advisory committee
consisting of industry, fire service and other stakeholders were provided
opportunity for input in this review of rules originally developed in 2007.
Their input has been incorporated in these rule updates.
Rules Coordinator: Connie Dalke
Address: Department of Oregon State Police, Office of State
Fire Marshal, 4760 Portland Rd. NE, Salem, OR 97305-1760
Telephone: (503) 934-8211
Rule
Caption: Amendment of one AUM
compensation rate value used by the department to assess grazing fees.
Date: Time: Location:
10-27-11 6
p.m. Burns
Chamber of Commerce
484
N Broadway
Burns,
OR
Hearing Officer: Randy Wiest
Stat. Auth.: ORS 183, 273.045 & 273.805–273.825
Other Auth.: OR Const. Art. VIII, Sec. 5, Oregon Admission Act
Stats. Implemented: ORS 183, 273.045 & 273.805–273.825
Proposed Amendments: 141-110-0080
Last Date for Comment: 11-4-11, 5 p.m.
Summary: 141-110-0080(3)(d) Average weighted calf price (P) shall be based
on [USDA Oregon agriculture] (90% of the USDA National) price data indicating
the average [statewide] sales price of calves for the preceding one year period
based on an October through September year.
[Deleted
language]; (added language).
Rules Coordinator: Elizabeth Bolden
Address: Department of State Lands, 775 Summer St. NE, Suite
100, Salem, OR 97301
Telephone: (503) 986-5239
Rule
Caption: Social Security Number
Requirements, Proof of Legal Presence and Applicant Temporary Permits.
Stat.
Auth.: ORS 184.616, 184.619, 802.010,
807.021, 807.040, 807.050, 807.110, 807.310, 807.400 & 807.405
Stats. Implemented: ORS 802.200, 807.021, 807.022, 807.050, 807.110,
807.310, 807.400 & 807.405
Proposed Amendments: 735-062-0005, 735-062-0010, 735-062-0015,
735-062-0032, 735-062-0033, 735-062-0120, 735-062-0125, 735 070 0110
Last Date for
Comment: 10-21-11
Summary: Chapter 282, Oregon Laws 2011 (HB 2139) was introduced
by DMV and passed by the 2011 Oregon Legislature to provide better service to
DMV customers. ORS 807.021 currently requires a person applying for a driver
license, driver permit or identification card to provide documentation of his
or her social security number (SSN) even though DMV must also verify the SSN
with the Social Security Administration (SSA). DMV customers are turned away
from a DMV counter if they forget to bring the required documentation. HB 2139
amends ORS 807.021 to still require a person to provide his or her SSN, which
DMV must verify through the SSA, but gives DMV discretion to require additional
proof of the SSN by rule. DMV proposes to amend OAR 735-062-0005 to require an
applicant to provide his or her SSN on the application form and if that number
is verified, then no further proof of the SSN is necessary. DMV also proposes
to amend this rule to allow additional documents as proof of an SSN for
issuance of a temporary applicant permit when a SSN cannot be verified because
the SSN was issued using a nickname or there is a mistake in the SSA record. In
those cases, the temporary applicant permit is issued to give the person the
opportunity to contact the SSA to correct any discrepancy so that DMV will be
able to verify the SSN.
For proof of legal presence under ORS
807.021, DMV must verify certain documents through the Department of Homeland
Security (DHS) Systematic Alien Verification for Entitlements (SAVE) Program.
DHS has notified DMV that documents marked in a certain way cannot be verified
through the SAVE program. DMV proposes to amend OAR 735-062-0015 to specify
that documents marked in this way are not acceptable as proof of legal
presence. DMV also proposes to repeal a provision in this rule allowing DMV to
determine through means other than SAVE that a specific type of document is
valid proof of the person’s legal presence in the United States, as after two
and a half years experience with documents and SAVE, there is no purpose for
such a provision.
Currently, DMV may issue an applicant
temporary driver permit under ORS 807.310 or an applicant temporary
identification card under ORS 807.405 for 90 days and provide one 60 day extension. The reasons a person would be issued an
applicant temporary driver permit or applicant temporary identification card
are that a person certifies that to the best of his or her knowledge he or she
is legally present in the United States but is unable to provide the required
proof of legal presence, or DMV cannot verify the person’s SSN or the person
certifies that he or she is ineligible for a SSN but does not have
documentation of ineligibility. DMV has learned that it does, at times,
legitimately take longer than 150 days for a person to get the needed
documentation. For instance, to receive a birth certificate from another
state’s vital record department, to have a delayed birth certificate issued to
a person born at home 75 years ago or for a person to receive the necessary
replacement permanent resident card often takes longer than 150 days. HB 2139
amends ORS 807.310 and 807.405 to authorize DMV to issue an applicant temporary
driver permit or identification card for 90 days, to extend that term twice for
an additional 180 days and gives DMV authority to further extend the term of a
permit as provided by rule. DMV proposes to amend OAR 735-062-0032 and
735-062-0033 to implement this authority, and to describe the necessary
requirements for an additional extension.
The amendments proposed to OAR
735-062-0010, 735-062-0120, 735-062-0125 and 735-070-0110 are to be consistent
with the changes in OAR 735-062-0005. Other changes are made for clarity.
Text of proposed and recently adopted
ODOT rules can be found at website: http://www.oregon.gov/ODOT/CS/RULES/
Rules Coordinator: Lauri Kunze
Address: Department of Transportation, Driver and Motor Vehicle
Services Division, 3930 Fairview Industrial Dr. SE, Salem, OR 97302
Telephone: (503) 986-3171
Rule
Caption: Action Taken Upon Failure to
Establish Identity when Committing an Act in ORS 809.310(a) through (h).
Stat.
Auth.: ORS 184.616, 184.619, 802.010,
807.021 & 807.024
Stats. Implemented: ORS 807.021, 807.024, 807.400, 809.135, 809.310,
809.320 & 809.411
Proposed Amendments: 735-062-0016, 735-070-0004
Last Date for
Comment: 10-21-11
Summary: Before issuing a driver license or identification card
(ID card), a person must submit to collection of biometric data in order to
establish the person’s identity. This means DMV takes a digital photograph of
an applicant for an original, renewal or replacement driver license or ID card,
which is then compared to all other digital photos in the DMV database using
facial recognition software. Based on this new technology, DMV has identified
many cases where a person was issued a driver license or ID card in a false
name. Often this occurred many years before when the person obtained
identification because he or she was under 21 years of age.
It has been DMV’s policy to suspend a
person’s driving privileges and cancel any driver license or identification
card, and to suspend the person’s right to apply for driving privileges and an
identification card for one year when it is determined the person has committed
an act listed in ORS 809.310(3). These acts include submitting false
information to DMV, using an invalid license obtained by fraud, or giving false
information to a police officer. DMV recently reviewed this policy and
determined the sanction is too harsh in most instances, particularly since the
majority of these situations arise because the person applied for a false
driver license or ID card several years ago in order to misrepresent his or her
age. State issued identification, either in the form of a driver license or ID
card, is a necessity in today’s world. Taking both a driver license and ID card
away from a person for a year can have a devastating effect on the person’s
ability to maintain a job, complete financial transactions and travel. DMV has
therefore changed its policy and will not suspend an identification card and a
person’s right to apply for an identification card under these circumstances,
although DMV will cancel an ID card that has been issued in a false name.
DMV therefore proposes to amend OAR
735-062-0016 and 735-070-0004 to delete the requirement that DMV suspend an ID
card or the right to apply for an ID card when the person commits an act set
forth in ORS 809.310(3). The proposed rule amendments also correct a statutory
citation in OAR 735-062-0016. The proposed amendments to OAR 735-070-0004 also
clarify that DMV will suspend driving privileges and the right to apply for
driving privileges in all cases where DMV has determined that the person has
knowingly committed an act listed in ORS 809.310(3)(a) through (h).
Text of proposed and recently adopted
ODOT rules can be found at website: http://www.oregon.gov/ODOT/CS/RULES/
Rules Coordinator: Lauri Kunze
Address: Department of Transportation, Driver and Motor Vehicle
Services Division, 3930 Fairview Industrial Dr. SE, Salem, OR 97302
Telephone: (503) 986-3171
Rule
Caption: Traffic Offenses used in
Driver Improvement, Habitual Offender and other DMV Programs.
Stat.
Auth.: ORS 184.616, 184.619, 802.010,
809.480 & 809.605
Stats. Implemented: ORS 807.240, 807.270, 809.480, 809.600(2) &
809.605
Proposed Amendments: 735-064-0220, 735-072-0035
Last Date for
Comment: 10-21-11
Summary: ORS 809.605 requires DMV to adopt rules specifying
which traffic offenses count for the purpose of determining that a person is a
habitual offender under ORS 809.600(2). By administrative rule, those offenses
are used to determine who qualifies for DMV’s Driver Improvement programs, and
whether a person has violated the terms of a hardship or probationary permit or
has committed a serious traffic violation while operating a commercial motor
vehicle. OAR 735-064-0220 specifies those traffic offense convictions DMV will
use for the above described purposes. OAR 735-072-0035
is used only in the Driver Improvement Programs and contains a list of traffic
offenses where it takes five offenses listed to equal one driver improvement
violation. During the 2011 legislative session, two bills were enacted creating
new traffic offenses or amending current traffic offense statutes where changes
are required in OAR 735-064-0220 and 735-072-0035. DMV proposes to amend OAR
735-064-0220 and 735-072-0035 to implement these laws.
Offenses that an Oregon driver
receives in another jurisdiction are posted to the record using an AAMVAnet
Code Dictionary (ACD) code. AAMVA (Association of American Motor Vehicle
Administrators) is instituting a few new ACD codes effective August 2011. DMV
proposes to amend OAR 735-064-0220 to include new ACD codes and update the
description of other ACD codes. DMV also proposes to move from OAR 735-072-0035
to OAR 735-064-0220 the offense of failure to carry/present license to police
officer. Moving this offense makes the program consistent for the offenses that
Oregon links to ACD code B51.
Text of proposed and recently adopted
ODOT rules can be found at website: http://www.oregon.gov/ODOT/CS/RULES/
Rules Coordinator: Lauri Kunze
Address: Department of Transportation, Driver and Motor Vehicle
Services Division, 3930 Fairview Industrial Dr. SE, Salem, OR 97302
Telephone: (503) 986-3171
Rule
Caption: Police Reports for Implied
Consent Suspension.
Stat.
Auth.: ORS 184.616, 184.619, 802.010,
813.100 & 813.120
Stats. Implemented: ORS 813.100, 813.120, 813.130 &
813.404–813.460
Proposed Amendments: 735-070-0054
Last Date for
Comment: 10-21-11
Summary: OAR 735-070-0054 establishes the information required
on the form police send to DMV to suspend driving privileges under the Implied
Consent Laws following a driving under the influence arrest and the driver
either fails or refuses a chemical test. DMV proposes to remove the requirement
that the form indicates if the person holds a commercial driver license, as DMV
is also able to determine that information from the person’s driving record and
amend the form accordingly. DMV also proposes to remove the requirement that
the form contain “a suspension period that conforms to the type of suspension
in accordance with ORS 813.404 or 813.420.” At times the form received by DMV
will not indicate the length of suspension. However, the form does include the
person’s rights and consequences and that section of the form must be read by
the police officer to the driver. The rights and consequences clearly state the
suspension will be substantially longer if the person refuses a test. The
rights and consequences also state: “if you fail or refuse a test, the
suspension period will be longer and the wait time for a hardship permit
increased if, within the last five years, you have been convicted of DUII, you
have had your driving privileges suspended under the Motorist Implied Consent
Law, or you have participated in a DUII diversion or similar program.” In
Basile v. DMV, the Oregon Court of Appeals ruled that a specific box indicating
suspension length need not be marked on the front of the form for the person to
understand that his or her driving privileges are suspended and that the time
is longer if he or she refused the test rather than failed the test. Further
the person can understand whether he or she will serve the minimum time or the
longer time because of some other act within the last five years as mentioned
in the rights and consequences. Because of the case law, DMV enters a
suspension on a record even if the form does not indicate the length of
suspension.
Text of proposed and recently adopted
ODOT rules can be found at website: http://www.oregon.gov/ODOT/CS/RULES/
Rules Coordinator: Lauri Kunze
Address: Department of Transportation, Driver and Motor Vehicle
Services Division, 3930 Fairview Industrial Dr. SE, Salem, OR 97302
Telephone: (503) 986-3171
Rule
Caption: Rescinding Driver License
Suspensions after Driver Declared No Longer Competent to Drive.
Stat.
Auth.: ORS 184.616, 184.619, 802.010,
807.340, 807.710 & 809.419
Stats. Implemented: ORS 802.010(1)(c), 807.340, 807.710 & 809.419
Proposed Amendments: 735-062-0135, 735-074-0140, 735-076-0020
Last Date for
Comment: 10-21-11
Summary: A person who no longer drives due to deteriorating
health or age related issues may have a suspension of
the person’s driving privileges under the At-Risk Driver Program. This
suspension remains on the person’s driving record even after the person has
surrendered all driving privileges and can adversely impact the auto insurance
rates of other members of the person’s household who continue to drive. Chapter
126, Oregon Laws 2011 (HB 3128) amends ORS 809.419 to specify that a suspension ends when a person, whose driving privileges are
suspended under the At-Risk Driver Program, voluntarily surrenders driving
privileges by recognizing that he or she is no longer competent to drive. DMV
proposes to amend OAR 735-062-0135, 735-074-0140 and 735-076-0020 in accordance
to the amendments to ORS 809.419, plus specify what happens when a suspension
ends and what is required if the person ever reapplies for driving privileges.
OAR 735-076-0020 is further amended to remove redundant language about CDL
medical qualifications, which are already detailed in OAR chapter 735, division
63.
Text of proposed and recently adopted
ODOT rules can be found at website: http://www.oregon.gov/ODOT/CS/RULES/
Rules Coordinator: Lauri Kunze
Address: Department of Transportation, Driver and Motor Vehicle
Services Division, 3930 Fairview Industrial Dr. SE, Salem, OR 97302
Telephone: (503) 986-3171
Rule
Caption: Penalties for failure to
produce records.
Stat.
Auth.: ORS 184.616, 184.619 &
823.011
Stats. Implemented: ORS 823.029, 825.137, 825.210, 825.212, 825.232 &
825.515
Proposed Amendments: 740-055-0100, 740-300-0010
Last Date for
Comment: 10-21-11
Summary: These rules describe requirements for maintenance and
production of records, and associated penalties for failure to produce records.
The proposed amendment would allow the Department to assess civil monetary
penalties when records are made available for audit but are found to be
inadequate. Currently, when the carrier provides inadequate records, the best
available information standard is used to audit the records. Using
the best available information standard, rather than a carrier’s records, often
results in an under assessment of taxes due. Carriers that continue to
either not maintain records, or provide inadequate records have an advantage.
The rule is necessary to provide a tool that can be used on a progressive scale
to deter carriers from providing the department with inadequate records after
they have been educated with the minimum record requirements.
Text of proposed and recently adopted
ODOT rules can be found at website: http://www.oregon.gov/ODOT/CS/RULES/
Rules Coordinator: Lauri Kunze
Address: Department of Transportation, Motor Carrier
Transportation Division, 3930 Fairview Industrial Dr. SE, Salem, OR 97302
Telephone: (503) 986-3171
Rule
Caption: Adopts, amends, repeals
Agency Rules regarding Procedures, Employees, Anesthesia, Licensing,
Advertising, Hygienists, Assistants, HPSP Program.
Date: Time: Location:
10-27-11 7
p.m. OHSU
School of Dentistry
611
SW Campus Dr.,
Rm.
220-225
Portland,
OR
Hearing Officer: Board President
Stat. Auth.: ORS 181.534, 676.303, 679 & 680
Other Auth.: HB 5017 (2011 OL Ch. 235) & SB 738 (2011 OL Ch. 716)
Stats. Implemented: ORS 293.445, 670.280, 676.140, 676.190, 676.195, 676.303,
676.200, 679.010, 679.020, 679.025, 679.060, 679.065, 679.070, 679.080,
679.090, 679.115, 679.120, 679.140, 679.160, 679.185, 679.250, 680.010,
680.040, 680.050, 680.060, 680.070, 680.072, 680.075, 680.082, 680.100, 680.200
& 680.205
Proposed Adoptions: 818-005-0000, 818-005-0005, 818-005-0011, 818-005-0015,
818-005-0021, 818-005-0025, 818-005-0030, 818-005-0035, 818-005-0040, 818-005-0045
Proposed Amendments: 818-001-0002, 818-001-0087, 818-035-0025, 818-013-0001,
818-015-0007, 818-021-0012, 818-021-0017, 818-021-0025, 818-021-0026,
818-021-0060, 818-021-0070, 818-026-0060, 818-026-0065, 818-026-0070,
818-035-0065, 818-035-0100, 818-042-0040, 818-042-0050, 818-042-0060,
818-042-0120, 818-042-0130
Proposed Repeals: 818-001-0087(T), 818-021-0017(T), 818-021-0060(T),
818-021-0070(T), 818-026-0060(T), 818-026-0065(T), 818-026-0070(T),818-015-0015, 818-015-0020, 818-015-0040
Last Date for Comment: 10-27-11, 4 p.m.
Summary: The Board is adopting 818-005-0000 Definitions; 818-005-0005
Employee Applicant/Employee; 818-005-0011 Criminal Records Check Required;
818-005-0015 Criminal Records Check Process; 818-005-0021 Potentially
Disqualifying Crimes; 818-005-0025 Fitness Determination; 818-005-0030
Incomplete Fitness Determination; 818-005-0035 Contesting a Fitness
Determination; 818-005-0040 Agency Representation; 818-005-0045 Record Keeping,
Confidentiality, allows fingerprinting and criminal records checks for employee
applicants and employees.
The
Board is amending 818-001-0002 Definitions to reflect changes in Oregon laws.
The
Board is amending 818-001-0087 Fees to allow the Board to increase the Biennial
License fees for Dentists and Dental Hygienists, to eliminate the fees for
Limited Access Permit Dental Hygienists, and to create a fee for Expanded
Practice Dental Hygienists that were effective July 1, 2011.
The
Board is amending 818-013-0001 Definitions to reflect the name change from the
Oregon Department of Human Services to the Oregon Health Authority.
The
Board is amending 818-015-007 Advertising to reflect changes in the
regulations.
The
Board is amending 818-021-0012 Specialties Recognized to correct the titles in
the rule.
The
Board is amending 818-021-0017 Application to Practice as a Specialist to allow
any Board approved examination to qualify for a Specialty License.
The
Board is amending 818-021-0025 Application for License to Practice Dental
Hygiene Without Further Examination to reflect the type of examination
required.
The
Board is amending 818-021-0026 State and National Criminal Background Checks,
Fitness Determination to clarify the name of a state agency.
The
Board is amending 818-021-0060 Continuing Education - Dentists to clarify that
continuing education credit for volunteer pro bono dental services must be in
Oregon.
The
Board is amending 818-021-0070 Continuing Education - Dental Hygienists to
clarify that continuing education credit for volunteer pro bono dental hygiene
services must be in Oregon.
The
Board is amending to 818-026-0060 Moderate Sedation Permit to allow for an
additional course to meet the life support requirements.
The
Board is amending 818-026-0065 Deep Sedation to require that an
electrocardiograph monitor (ECG) be required when Deep Sedation is administered
and the patient’s heart rhythm shall be recorded.
The
Board is amending 818-026-0070 General Anesthesia Permit to require an
electrocardiograph monitor (ECG) and continuous monitoring of a patient’s heart
rhythm when General Anesthesia is administered.
The
Board is amending 818-035-0025 Prohibitions to correct an error in the listing
of a rule number that did not exist.
The
Board is amending 818-035-0065 Limited Access Permits to reflect the changes
made by Senate Bill 738 (Chapter 716 2011 Oregon Laws).
The
Board is amending 818-035-0100 Record Keeping to reflect the changes made by
Senate Bill 738 (Chapter 716 2011 Oregon Laws).
The
Board is amending 818-042-0040 Prohibited Acts to reflect the name change from
the Oregon Department of Human Services to the Oregon Health Authority and
clarify prohibitions.
The
Board is amending 818-042-0050, 818-042-0060, and 818-042-0130 to reflect the
name change from the Oregon Department of Human Services to the Oregon Health
Authority.
The
Board is repealing 818-001-0087(T) Fees; 818-021-0017(T) Application to
Practice as a Specialist; 818-021-0060(T) Continuing Education - Dentists, 818-021-0070(T)
Continuing Education - Dental Hygienists; 818-026-0060(T) Moderate Sedation
Permit; 818-026-0065(T) Deep Sedation and 818-026-0070(T) General Anesthesia
Permit as the rules are being made permanent.
The
Board is repealing 818-015-0015 Disclosure Requirements, 818-015-0020 Ban on
Solicitation and 818-015-0040 Additional Forms of Disciplinary Action to
reflect changes in regulations.
Rules Coordinator: Sharon Ingram
Address: Oregon Board of Dentistry, 1600 SW 4th Ave., Suite
770, Portland, OR 97201
Telephone: (971) 673-3200
Rule
Caption: The rules relate to the Port
Planning and Marketing Fund.
Stat.
Auth.: ORS 285A.075(5)
Stats. Implemented: ORS 285A.654–285A.660
Proposed Adoptions: 123-025-0016
Proposed Amendments: 123-025-0010, 123-025-0012, 123-025-0015,
123-025-0017, 123-025-0021, 123-025-0025
Last Date for
Comment: 10-24-11
Summary: This filing revises the Portland Planning and
Marketing rules. The Ports Strategic Business Statewide Plan requirements have
been moved to their own section (123-025-0016). The Oregon
Business Development Commission adopted the Ports Statewide Strategic Business
Plan on January 29, 2010. This new section describes what is expected of ports
with regards to the plan and potential funding with the authority.
Other basic housekeeping changes were
made.
Rules Coordinator: Mindee Sublette
Address: Oregon Business Development Department, 775 Summer St.
NE, Suite 200, Salem, OR 97301
Telephone: (503) 986-0036
Rule
Caption: Modifies alternative
certificate requirements related to transition services and consent,
implementing HB 2283 (2011).
Date: Time: Location:
10-26-11 1
p.m. 255
Capitol St. NE, Rm. 251A
Salem,
OR 97310
Hearing Officer: Cindy Hunt
Stat. Auth.: ORS 329.451
Stats. Implemented: ORS 329.451
Proposed Amendments: 581-022-1135
Last Date for Comment: 11-1-11, 5 p.m.
Summary: Modifies rule relating to alternative certificates awarded by
school districts and schools to students, implementing HB 2283 (2011).
Rules Coordinator: Diane Roth
Address: Oregon Department of Education, 255 Capitol St. NE,
Salem, OR 97310
Telephone: (503) 947-5791
Rule
Caption: Modifies modified diploma
requirements related to transition services and consent, implementing HB 2283
(2011).
Date: Time: Location:
10-26-11 5
p.m. 255
Capitol St. NE, Rm. 251A
Salem,
OR 97310
Hearing Officer: Cindy Hunt
Stat. Auth.: ORS 329.451
Stats. Implemented: ORS 329.451
Proposed Amendments: 581-022-1134
Last Date for Comment: 11-1-11, 5 p.m.
Summary: The 2011 legislature enacted HB 2283 which changed the requirements relating to transition services and consent for the
modified diploma.
Rules Coordinator: Diane Roth
Address: Oregon Department of Education, 255 Capitol St. NE,
Salem, OR 97310
Telephone: (503) 947-5791
Rule
Caption: Modifies rule requiring
school districts to award extended diplomas to certain students, implementing
HB 2283 (2011).
Date: Time: Location:
10-26-11 1
p.m. 255
Capitol St. NE, Rm. 251A
Salem,
OR 97310
Hearing Officer: Cindy Hunt
Stat. Auth.: ORS 326.051
Stats. Implemented: ORS 329.451
Proposed Amendments: 581-022-1133
Last Date for Comment: 11-1-11, 5 p.m.
Summary: The 2011 legislature enacted HB 2283, which modifies the extended
diploma requirements relating to transition services and consent.
Rules Coordinator: Diane Roth
Address: Oregon Department of Education, 255 Capitol St. NE,
Salem, OR 97310
Telephone: (503) 947-5791
Rule
Caption: Workforce 2000 Vocational
Technical Education Program.
Stat.
Auth.: ORS 961, 909, 1087 & 1991 OL
Ch. 859
Stats. Implemented: 1991 OL Ch. 667 & ORS 344.745
Proposed Repeals: 581-044-0080, 581-044-0090, 581-044-0100,
581-044-0110, 581-044-0120, 581-044-0130, 581-044-0140, 581-044-0200
Last Date for Comment: 11-1-11, 5 p.m.
Summary: The rules in Division 44 refer to the Workforce 2000
Vocational Technical Education Program that was established in 1989 to assist
public schools and community colleges to prepare an internationally competitive
workforce by the year 2000. This federal program has been repealed and no
longer exists.
Rules Coordinator: Diane Roth
Address: Oregon Department of Education, 255 Capitol St. NE,
Salem, OR 97310
Telephone: (503) 947-5791
Rule
Caption: Small Schools Weighting.
Stat. Auth.: ORS 327.125
Stats. Implemented: ORS 327.077 & 327.125
Proposed Amendments: 581-023-0015
Last Date for
Comment: 11-1-11, 5 p.m.
Summary: Modifies rule relating to small school weighting for
purposes of State School Fund calculations. Rule amendment clarifies that there
is remote small elementary school weighting and small high school weighting for
State School Fund calculation. Implements SB 453 (2011).
Rules Coordinator: Diane Roth
Address: Oregon Department of Education, 255 Capitol St. NE,
Salem, OR 97310
Telephone: (503) 947-5791
Rule
Caption: Method of Awarding
Competitive Grants.
Stat.
Auth.: ORS 344.655
Stats. Implemented: ORS 341.655
Proposed Repeals: 581-040-0000
Last Date for
Comment: 11-1-11, 5 p.m.
Summary: Method of awarding competitive grants — rule is
obsolete.
Rules Coordinator: Diane Roth
Address: Oregon Department of Education, 255 Capitol St. NE,
Salem, OR 97310
Telephone: (503) 947-5791
Rule
Caption: Distribution of Job Training
Partnership Act Title III Governor’s Reserve Funds.
Stat.
Auth.: ORS 285.035(5), 292.550 &
293.550, 1997 OL Ch. 61, Sec. 19(2)
Stats. Implemented: Job Training Partnership Act, Public
Law 97-300 & amendments & ORS 293.550
Proposed Repeals: 581-070-0000, 581-070-0010, 581-070-0020,
581-070-0030, 581-070-0040, 581-070-0050, 581-070-0060, 581-070-0070,
581-070-0080, 581-070-0090, 581-070-0110, 581-070-0130, 581-070-0140,
581-070-0150, 581-070-0170, 581-070-0180, 581-070-0190, 581-070-0200,
581-070-0210, 581-070-0220, 581-070-0230, 581-070-0240, 581-070-0250, 581-070-0380,
581-070-0390, 581-070-0400, 581-070-0410, 581-070-0420, 581-070-0500,
581-070-0510
Last Date for
Comment: 11-1-11, 5 p.m.
Summary: Distribution of JTPA Title III Governor’s Reserve
Funds — rule is obsolete.
Rules Coordinator: Diane Roth
Address: Oregon Department of Education, 255 Capitol St. NE,
Salem, OR 97310
Telephone: (503) 947-5791
Rule
Caption: Job Training Partnership Act.
Stat.
Auth.: PL 97 300, 1982
Stats. Implemented: PL 97 300, 1982
Proposed Repeals: 581-060-0005, 581-060-0010, 581-060-0015, 581-060-0020
Last Date for
Comment: 11-1-11, 5 p.m.
Summary: Funds to State and Local Agencies to Provide
Employment and Training Services Under the Job Training Partnership Act (JTPA).
Rules Coordinator: Diane Roth
Address: Oregon Department of Education, 255 Capitol St. NE,
Salem, OR 97310
Telephone: (503) 947-5791
Rule
Caption: Radio Television Agreement.
Stat.
Auth.: ORS 354
Stats. Implemented: ORS 354.430 & 354.515
Proposed Repeals: 581-071-0005, 581-071-0010
Last Date for
Comment: 11-1-11, 5 p.m.
Summary: Radio Television Agreement.
Rules Coordinator: Diane Roth
Address: Oregon Department of Education, 255 Capitol St. NE,
Salem, OR 97310
Telephone: (503) 947-5791
Rule
Caption: Programs for Talented and
Gifted Students.
Stat.
Auth.: ORS 326.051
Stats. Implemented: ORS 343.391–343.413
Proposed Amendments: 581-022-1330
Last Date for
Comment: 11-1-11, 5 p.m.
Summary: This rule requires plans for Talented and Gifted
services to be submitted to ODE, implementing HB 2180, which was passed by the
2011 legislature.
Rules Coordinator: Diane Roth
Address: Oregon Department of Education, 255 Capitol St. NE,
Salem, OR 97310
Telephone: (503) 947-5791
Rule
Caption: Modifies rules relating to
Long Term Care and Treatment programs that provide educational services.
Stat.
Auth.: ORS 326.051 & 343.961
Stats. Implemented: ORS 343.961, 343.243 & 326.051
Proposed Amendments: 581-015-2570, 581-015-2571, 581-015-2572,
581-015-2573, 581-015-2574
Last Date for
Comment: 11-1-11, 5 p.m.
Summary: Rule amendments implement SB 170 by expanding LTCT to
include children placed by private entities, child’s parent, school districts. Formerly program only included children placed by state agencies. SB
170 also expanded program to include day treatment programs.
Rules Coordinator: Diane Roth
Address: Oregon Department of Education, 255 Capitol St. NE,
Salem, OR 97310
Telephone: (503) 947-5791
Rule
Caption: Approved Transportation Costs
for Payments from the State School Fund.
Stat.
Auth.: ORS 327.013 &
820.100–820.120
Stats. Implemented: ORS 327.013 & 820.100–820.120
Proposed Amendments: 581-023-0040
Last Date for
Comment: 11-1-11, 5 p.m.
Summary: Amendments to this rule do the following:
(1) Update non-reimburseable cost rate
per mile for 2011–12 and 2012–13 school years. It is a requirement
that every two years the Department of Education update these rates.
(2) Adds language that charter school
may reimburse district for transportation costs. This reimbursement will not
reduce district transportation grant.
Rules Coordinator: Diane Roth
Address: Oregon Department of Education, 255 Capitol St. NE,
Salem, OR 97310
Telephone: (503) 947-5791
Rule
Caption: Virtual Charter School
Student Enrollment and Appeal Procedure.
Stat.
Auth.: ORS 338.025
Stats. Implemented: ORS 338.125
Proposed Adoptions: 581-020-0342, 581-020-0343
Last Date for
Comment: 11-1-11, 5 p.m.
Summary: Implements new state law relating to enrollment in
virtual public charter schools. Creates appeal procedure for students who are
not approved for enrollment into virtual public charter school
by school district. Directs virtual public charter schools to notify
districts of student enrollment.
Rules Coordinator: Diane Roth
Address: Oregon Department of Education, 255 Capitol St. NE,
Salem, OR 97310
Telephone: (503) 947-5791
Rule
Caption: Requirements for Charter
School Financial Management System.
Stat.
Auth.: ORS 338.025
Stats. Implemented: ORS 338
Proposed Amendments: 581-020-0334
Last Date for
Comment: 11-1-11, 5 p.m.
Summary: Changes requirements for charter school financial
management system. Implements HB 3417 (2011) which changed the requirements for a charter school financial management system.
Rules Coordinator: Diane Roth
Address: Oregon Department of Education, 255 Capitol St. NE,
Salem, OR 97310
Telephone: (503) 947-5791
Rule
Caption: Senate Bill 800 —
Mandate Relief. Removes outdated, redundant and obsolete education rules.
Stat.
Auth.: ORS 338.025, 326.051, 326,
339.030, 339.035, 339.430, 404, 326.565, 340.574, 336.675, 335.105, 327 &
34 CFR 99.6
Stats. Implemented: ORS 338.095, 339.430, 326.051, 339.430, 326.565,
329.105, 340.574, 336.615–336.675, 335.105, 327.290, 327.294 &
327.297
Proposed Amendments: 581-020-0336, 581-021-0255, 581-022-1060, 581-023-0112
Proposed Repeals: 581-021-0032, 581-021-0034, 581-021-0035,
581-021-0042, 581-021-0044, 581-022-1369, 581-022-1680, 581-023-0012, 581-023-0110
Last Date for
Comment: 11-1-11, 5 p.m.
Summary: Implements SB 800 by eliminating redundant and
obsolete mandates placed on public school system. Removes
outdated, redundant and obsolete rules. Eliminates mandates relating to
interscholastic activities, charter schools, school and district reports,
expanded options and alternative education programs.
Rules Coordinator: Diane Roth
Address: Oregon Department of Education, 255 Capitol St. NE,
Salem, OR 97310
Telephone: (503) 947-5791
Rule
Caption: Charter School Attendance.
Stat.
Auth.: 338.025
Stats. Implemented: ORS 338.125
Proposed Repeals: 581-020-0339
Last Date for
Comment: 11-1-11, 5 p.m.
Summary: The rule places requirements on charter schools that
offer on-line courses for calculation of percentage of students who attend
charter school and reside within school district where charter school is
located. HB 2301 (2011) eliminated ORS 338.125(2)(b), the so-called “50 percent”
provision. OAR 581-020-0339 implemented this provision. Due to the underlying
law being repealed, the rule is being repealed.
Rules Coordinator: Diane Roth
Address: Oregon Department of Education, 255 Capitol St. NE,
Salem, OR 97310
Telephone: (503) 947-5791
Rule
Caption: Personnel Policies,
Evaluation, Teaching Standards, Administrator Standards.
Stat.
Auth.: ORS 326.051 &
342.805–342.937
Stats. Implemented: ORS 326.051 & 2011 OL Ch. 729, Sec. 2 (Enrolled SB
290)
Proposed Adoptions: 581-022-1723, 581-022-1724, 581-022-1725
Proposed Amendments: 581-022-1720
Last Date for
Comment: 11-1-11, 5 p.m.
Summary: SB 290 (2011) directed the State Board to adopt
teacher and administrator standards for school districts to use. The rules base
the standards on national standards. The rules specify teacher and
administrator standards that must be used by districts in evaluations.
Rules Coordinator: Diane Roth
Address: Oregon Department of Education, 255 Capitol St. NE,
Salem, OR 97310
Telephone: (503) 947-5791
Rule
Caption: Oregon Health Authority
Shared Service and Cooperative Relationships with Department of Human Services.
Stat.
Auth.: ORS 413.042
Other Auth.: HB 2009, 2009 OL Ch. 595 Sec. 19–25
Stats. Implemented: ORS 413.042
Proposed Adoptions: 943-001-0020
Proposed Repeals: 943-001-0020(T)
Last Date for
Comment: 10-26-11, 5 p.m.
Summary: HB 2009 (2009) created the Oregon Health Authority and
transferred to the Authority the Department of Human Services’ (Department)
Divisions with respect to health and health care. The Authority needs to adopt
this rule to assure continuity as a part of the operational transfer from
functions previously performed by the Department as a result of HB 2009(2009).
The Authority is adopting this rule permanently for continued operational and
business continuity.
Among the functions transferred to the
Authority is the medical assistance program. This rule provides for continuity
in the relationship between the Authority and the Department when working
together in the administration of the medical assistance program and that the
Authority and Department shall work cooperatively in the administration of the
medical assistance program, including making determinations of eligibility and
service e need for medical assistance. This rule also explains that the
Authority designated the Department as the operating agency for home and
community-based waiver services and as an Organized Health Care Delivery
System.
Rules Coordinator: Evonne Alderete
Address: Oregon Health Authority, 500 Summer St. NE, Salem, OR 97301
Telephone: (503) 932-9663
Rule
Caption: Authority Employees,
Volunteers and Contractors Background Checks and Contesting Fitness
Determinations.
Stat.
Auth.: ORS 181.534,181.537 & 413.042
Other Auth.: HB 2009, 2009 OL Ch. 595 Sec. 19–25
Stats. Implemented: ORS 181.534, 181.537 & 183.341
Proposed Adoptions: 943-007-0000, 943-007-0500
Proposed Repeals: 943-007-0000(T), 943-007-0500(T)
Last Date for
Comment: 10-26-11, 5 p.m.
Summary: These rules adopt and incorporate by reference the
Department of Human Services’ Background Check Unit rules chapter 407-007-0000
to 0075; 407-007-0090 to 0100; 407-0200 to 0325; 407-007-0340 to 0370 and
407-007-0400 to 0460 for matters that involve abuse and neglect checks for
employees, volunteers, providers or contractors of the Authority who are
subject to background checks before the individual may work, volunteer be
employed, hold the position, or provide services.
HB 2009 (2009) created the Oregon
Health Authority and transferred to the Authority the Department of Human
Services’ (Department) Divisions with respect to health and health care.
Effective July 1, 2011 the Authority needs to adopt and incorporate by
reference the Department’s rules which provide the Authority with the legal
authority to conduct background checks and screenings on behalf of the
Authority.
HB 2100(2011) was
signed by the Governor on August 5, 2011, with an emergency clause. HB
2100 allows the Authority to use reports of abuse or neglect when conducting
background checks on individuals who are employed, seek employment, volunteer,
or seek to be a volunteer, provide care, or seek to be a care provider on
behalf of the Authority for clients of the Authority.
The Authority is adopting OAR 943-007-0500
which explains how an individual may contest a fitness determination.
Rules Coordinator: Evonne Alderete
Address: Oregon Health Authority, 500 Summer St. NE, Salem, OR 97301
Telephone: (503) 932-9663
Rule
Caption: Electronic Data Transmission
(EDT) Rule.
Stat.
Auth.: ORS 413.042 & 414.065
Other Auth.: HB 2009, 2009 OL Ch. 595, Sec.
9–25
Stats. Implemented: ORS 413.042 & 414.065
Proposed Adoptions: 943-120-0100, 943-120-0110, 943-120-0112,
943-120-0114, 943-120-0116, 943-120-0118, 943-120-0120, 943-120-0130,
943-120-0140, 943-120-0150, 943-120-0160, 943-120-0165, 943-120-0170,
943-120-0180, 943-120-0190, 943-120-0200
Proposed Repeals: 943-120-0100(T), 943-120-0110(T), 943-120-0112(T),
943-120-0114(T), 943-120-0116(T), 943-120-0118(T), 943-120-0120(T),
943-120-0130(T), 943-120-0140(T), 943-120-0150(T), 943-120-0160(T),
943-120-0165(T), 943-120-0170(T), 943-120-0180(T), 943-120-0190(T), 943-120-0200(T)
Last Date for
Comment: 10-21-11, 5 p.m.
Summary: The Oregon Health Authority (Authority) needs to adopt
these rules to ensure the Authority’s EDT rules compliment the functionality of
the Oregon Replacement Medicaid Management Information System (MMIS) in
conjunction with the Health Insurance Portability and Accountability Act
(HIPAA) transactions and codes set standards for the exchange of electronic
data.
Rules Coordinator: Evonne Alderete
Address: Oregon Health Authority, 500 Summer St. NE, Salem, OR 97301
Telephone: (503) 932-9663
Rule
Caption: Authorization for Authority
employees to appear on behalf of the Authority in contested case hearings.
Stat.
Auth.: ORS 413.042
Other Auth.: HB 2009, 2009 OL Ch. 595 Sec. 19-25
Stats. Implemented: ORS 183.452
Proposed Adoptions: 943-001-0009
Proposed Repeals: 943-001-0009(T)
Last Date for
Comment: 10-26-11, 5 p.m.
Summary: Provides authorization for Authority employees or
officers (lay representatives) to appear on behalf of the Authority in
contested case hearings. Prohibits Authority lay representatives from making
legal arguments and explains process for submitting legal argument when
necessary
Rules Coordinator: Evonne Alderete
Address: Oregon Health Authority, 500 Summer St. NE, Salem, OR 97301
Telephone: (503) 932-9663
Rule
Caption: Confidentiality and
Inadmissibility of Mediation and Workplace Interpersonal Dispute Mediation and
Communication.
Stat.
Auth.: ORS 413.042
Other Auth.: HB 2009, 2009 OL Ch. 595 Sec. 19–25
Stats. Implemented: ORS 36.224, 36.228, 36.230, 36.232 & 36.234
Proposed Adoptions: 943-014-0200, 943-014-0205
Proposed Repeals: 943-014-0200(T), 943-014-0205(T)
Last Date for
Comment: 10-26-11, 5 p.m.
Summary: HB 2009 (2009) created the Oregon Health Authority
(Authority) and transferred to the Authority the Department of Human Services’
(Department) Divisions with respect to health and health care. Effective July
1, 2011 the Authority is adopting its own operational and programmatic rules as
a part of the operational transfer from functions previously performed by the
Department as a result of HB 2009(2009). These rule adoptions duplicate the rules
in the Department’s chapter 407 and provide legal authority for the Authority
to conduct business. These rules set forth the requirements, responsibilities,
and duties of the Authority related to the disclosure of communications
received as a result of mediations and workplace interpersonal dispute
mediations. Those same requirements, responsibilities, and duties remain in the
Department of Human Services OAR chapter 407 regarding disclosure of
communications received as a result of mediation.
Rules Coordinator: Evonne Alderete
Address: Oregon Health Authority, 500 Summer St. NE, Salem, OR 97301
Telephone: (503) 932-9663
Rule
Caption: Hospital Provider Tax Rate
Increase.
Date: Time: Location:
10-19-11 3
p.m. Human
Services Bldg., Rm. 350
500
Summer St. NE
Salem,
OR 97301
Hearing Officer: Jennifer Bittel
Stat. Auth.: ORS 413.042
Stats. Implemented: OL 2009, Ch. 867 §17, 2007 OL Ch. 780 § 1, & 2003 OL Ch. 736
§ 2 & 3
Proposed Amendments: 410-050-0861
Proposed Repeals: 410-050-0861(T)
Last Date for Comment: 10-21-11, 5 p.m.
Summary: This proposed hospital provider tax rule change replaces the
temporary rule to increase the tax rate from 2.32% to 5.25% effective July 1,
2011.
Proposed
rules are available on the DHS Website:
http://www.oregon.gov/DHS/admin/dwssrules/index.shtml. For hardcopy requests,
call: (503) 947-5250.
If
you have questions or would like to submit comments, please contact Jennifer
Bittel at (503) 947-5250 or jennifer.bittel@state.or.us
Rules Coordinator: Darlene Nelson
Address: Oregon Health Authority, Division of Medical
Assistance Programs, 500 Summer St. NE, Salem, OR
97301
Telephone: (503) 945-6927
Rule
Caption: OHP Plus adult dental benefit
limitation changes as part of 2011–2013 budget.
Date: Time: Location:
10-18-11 10:30
a.m. HSB
Bldg., Rm 137C
500
Summer St. NE
Salem,
OR
Hearing Officer: Darlene Nelson
Stat. Auth.: ORS 413.042, 414.065 & 414.707
Other Auth.: SB 5529, 2011
Stats. Implemented: ORS 414.065 & 414.707
Proposed Amendments: 410-123-1000, 410-123-1220, 410-123-1260
Last Date for Comment: 10-21-11, Close of Business
Summary: Ref#:123-bene-n-0911, Division of
Medical Assistance Programs (Division), Dental Services Program
The
Division reduced payments to managed Dental Care Organizations (DCOs) in order
to comply with budget limitations required by the 2011 Legislative Assembly in
SB 5529.
The
Division will amend rules to limit some dental services to adult clients (age
21 and older). This will help assure access to services through sufficient
provider networks will be maintained following this approximate 11% reduction
in capitation rates.
The
rules will be amended for the following limits to adults:
•
Posterior composites — covered only for one-surface restorations for
adults (no multi-surface posterior composites)
•
Root canals on molars — covered only for first molars (tooth #s 3, 14,
19, and 30) on pregnant women (no second molar root canals)
•
Scaling and root planing — covered once every three years (extended from
once every 2 years), and prior authorization for more frequently may be
requested when dentally necessary due to pregnancy
•
Full mouth debridement — covered once every three years (extended from
once every 2 years)
• Periodontal maintenance — covered once every
twelve months (extended from once every 6 months) and only following documented
periodontal therapy within the past 3 years. Prior authorization for more
frequently may be requested when dentally necessary due to pregnancy
•
Denture limits for pregnant adults — same as non-pregnant adults on full
denture eligibility requirements, no replacements of full dentures, and annual
frequency limits for adjustments and repairs
•
Partial dentures — requirement of two additional missing teeth for
posterior partials
•
Denture rebases — covered once every five years (extended from once every
3 years) and there must be documentation of a current reline that has failed
•
Denture relines — covered once every five years (extended from once every
3 years)
The
Division will clarify current policies and procedures to ensure these rules are
not open to interpretation by the provider or outside parties, help eliminate
confusion possibly resulting in non-compliance, and help facilitate provider
compliance with eligibility, service coverage and limitations, and billing
requirements. The Division may revise text to improve readability and take care
of non-substantive (“housekeeping”) corrections if needed.
Proposed
rules are available on the Division website:
www.dhs.state.or.us/policy/healthplan/rules/notices.html. For hardcopy
requests, call: (503) 947-5081
Rules Coordinator: Darlene Nelson
Address: Oregon Health Authority, Division of Medical
Assistance Programs, 500 Summer St. NE, Salem, OR
97301
Telephone: (503) 945-6927
Rule
Caption: Changes income criteria and
modifies reservation list.
Stat.
Auth.: ORS 735.720–735.740
Other Auth.: HB 2116, 1115 Demonstration Waiver
Stats. Implemented: ORS 735.724, 735.734 & 735.720–735.740
Proposed Amendments: 442-005-0020, 442-005-0030, 442-005-0050, 442-005-0070
Last Date for
Comment: 10-24-11, 5 p.m.
Summary: 442-005-0020 to modify reservation list. 442-005-0030 to modify income criteria. 442-005-0050
to modify reservation list. 442-005-0070 to modify
income criteria.
Rules Coordinator: Margaret Moran
Address: Oregon Health Authority, Office of Private Health
Partnerships, 250 Church St. SE, Suite 200, Salem, OR 97301
Telephone: (503) 378-5664
Rule
Caption: Eliminate open enrollment
periods.
Stat.
Auth.: ORS 414.826
Stats. Implemented: ORS 414.826
Proposed Amendments: 442-010-0010 – 442-010-0280
Last Date for
Comment: 10-24-11, 5 p.m.
Summary: Updated to provide clarity.
Rules Coordinator: Margaret Moran
Address: Oregon Health Authority, Office of Private Health
Partnerships, 250 Church St. SE, Suite 200, Salem, OR 97301
Telephone: (503) 378-5664
Rule Caption: Change of agency name and definition
as a result of HB 2009 (2009).
Stat.
Auth.: ORS 127.865, 192.531, 409.600,
413.042, 433.040, 433.323, 433.441–433.452, 433.855, 441.020, 442.015,
443.085, 443.340, 446.330, 446.425, 448.100, 448.131, 453.605–453.807,
616.575, 624.510, 624.570
Other Auth.: HB 2009, enacted 2009 OL Ch. 595 Sec. 19-25
Stats. Implemented: ORS 127.800–127.995, 192.531, 409.600, 413.042,
431.110, 431.150, 431.250, 431.264, 433.040, 433.321-433.327,
433.441–433.452, 433.835, 441.020, 442.015, 443.005, 443.085,
443.305–443.350, 445.310–446.350, 446.425, 448.100, 448.131,
448.150, 448.273, 448.279, 453.605–453.807, 616.555–616.570,
624.510, 624.570
Proposed Amendments: 333-003-0010, 333-003-0065, 333-004-0010,
333-009-0000, 333-010-0105, 333-010-0205, 333-012-0050, 333-015-0030,
333-015-0100, 333-020-0125, 333-025-0100, 333-027-0005, 333-030-0015,
333-048-0010, 333-052-0040, 333-053-0040, 333-061-0020, 333-102-0203,
333-106-0101, 333-175-0021, 333-536-0005, 333-700-0005
Last Date for
Comment: 10-22-11, 5 p.m.
Summary: The Oregon Health Authority, Public Health Division is
proposing to permanently amend rules throughout all of chapter 333. The
amendments are mainly in the “definitions” rules of the chapter, and change the
name of the agency and the subsequent definition of that name.
These amendments are necessary due to
legislation passed by the 75th Legislative Assembly during the 2009 regular
session. HB 2009 created the Oregon Health Authority and transferred to the
Authority the Department of Human Services’ (Department) divisions with respect
to health and health care. Consequently, the Public Health Division is now in
the Oregon Health Authority and is no longer a part of the Department of Human
Services as defined in statute. Amendments need to be made to the chapter 333
rules to change references of “Department” to “Authority” and “Authority” must
be defined. Most other changes of the agency name from “Department” to
“Authority” throughout the chapter 333 rules have been made by housekeeping
changes as allowed by ORS 183.335(7)(a) and are therefore not a part of this
rulemaking.
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: Adopt qualifications,
requirements and practice standards for polysomnographic technologist licensure
and streamline rules for consistency.
Stat.
Auth.: ORS 676.607, 676.615, 688.830
& 2011 OL Ch. 715
Stats. Implemented: ORS 676.606, 676.607, 676.612, 676.615, 676.625,
688.815, 688.830, 688.834, 688.836 & 2011 OL Ch. 715
Proposed Adoptions: 331-705-0071, 331-705-0080, 331-710-0015,
331-710-0020, 331-710-0040, 331-710-0050, 331-710-0060, 331-710-0070,
331-710-0080, 331-710-0090, 331-710-0100, 331-710-0110, 331-712-0000,
331-712-0010, 331-712-0020, 331-718-0000, 331-718-0010, 331-718-0020,
331-720-0015, 331-740-0000
Proposed Amendments: 331-705-0050, 331-710-0010, 331-715-0010, 331-720-0010
Proposed Repeals: 331-705-0060, 331-705-0071(T), 331-710-0030,
331-715-0030, 331-715-0045, 331-725-0020
Last Date for
Comment: 10-28-11
Summary: Passage of SB 723 (Oregon Laws 2011, chapter 715) by
the 2011 Legislature integrated polysomnographic technologists into the
Respiratory Therapist Licensing Board (Board) creating the Respiratory
Therapist & Polysomnographic Technologist Licensing Board within the Oregon
Health Licensing Agency (Agency), and establishing a Practice Act for licensing
polysomnographic technologists. The Agency begins licensing polysomnographic
technologists on January 1, 2012 and licensure is required by January 1, 2013.
Board members will be appointed by the Governor, and confirmed by the Senate in
the future. The Board held an initial meeting on June 10, 2011 and suggested
“invited technical experts” from the polysomnography industry be appointed by
the Agency to serve on a Sub-committee of the Board. Protocols for the sleep
lab exemption will remain intact until licensure for polysomnographic
technologists is required 2013.
Proposed administrative rules identify
licensure exemption for supervisors and polysomnography students including
exempting students enrolled in an approved education program and student must
be under the direct supervision of an licensed
polysomnographic technologist or a qualified medical director for
polysomnography.
The proposed administrative rules add
national criminal background check to application requirements for new
permanent or temporary respiratory therapists as wells as aligns rules with
statutory requirements regarding age and education. Adopt rule that defines a
“temporary” respiratory therapist and then application requirements to become a
temporary respiratory therapist.
The proposed administrative rules for
polysomnographic technologists address requirements for application and
licensure including national criminal background checks, education,
grandfathering criteria, and reciprocity. Adopt rules which define polysomnographic technologists temporary direct and indirect supervision
and application requirements to become a polysomnographic technologists
temporary.
Create new divisions
which specifically address approved examinations, standards of practice,
and fees for respiratory therapy and polysomnography.
Revise renewal requirements to include
agency administrative changes and polysomnography. Add rule
which clarifies requirements continuing education for polysomnography.
Proposed administrative rule changes
are necessary to allow for general amendments to align with current industry,
agency and statewide rulemaking standards and principles, as well as changes to
administrative rule and statutory references.
Rules Coordinator: Samantha Patnode
Address: Oregon Health Licensing Agency, 700 Summer St. NE,
Suite 320, Salem, OR 97301-1287
Telephone: (503) 373-1917
Rule
Caption: Amendment removing
requirement for Self-Distribution Permit applicants to provide true copy of
manufacturing license.
Date: Time: Location:
10-26-11 10
a.m. 9079
SE McLoughlin Blvd.
Portland,
OR 97222
Hearing Officer: Jennifer Huntsman
Stat. Auth.: ORS 471, 471.030, 471.040 & 471.730(1) & (5)
Stats. Implemented: ORS 471.272 & 471.274
Proposed Amendments: 845-005-0425
Last Date for Comment: 11-9-11, 5 p.m.
Summary: This rule describes the qualifications necessary for an
out-of-state manufacturer to obtain a Self-Distribution Permit, which allows
the permittee to ship wine or cider they manufacture directly to Oregon retail
licensees who hold a valid Commission endorsement authorizing its receipt.
House Bill (HB) 2147 has passed with an emergency clause, effective June 2,
2011. HB 2147 amends ORS 471.274 and has eliminated the statutory requirement
to provide a true copy of an applicant’s manufacturing license. The new
statutory language now provides the alternative of the applicant providing
sufficient information to allow for Commission verification of the out-of-state
license by electronic means. Subsection (2)(a) of this rule needs to be amended
to bring it into statutory compliance.
Rules Coordinator: Jennifer Huntsman
Address: Oregon Liquor Control Commission, 9079 SE McLoughlin
Blvd., Portland, OR 97222
Telephone: (503) 872-5004
Rule
Caption: Amendment allowing more
flexibility in advertising methods when filling retail sales agent vacancies.
Date: Time: Location:
10-27-11 10
a.m. 9079
SE McLoughlin Blvd.
Portland,
OR 97222
Hearing Officer: Jennifer Huntsman
Stat. Auth.: ORS 471, 471.030 & 471.730(1) & (5)
Stats. Implemented: ORS 471.750(1)
Proposed Amendments: 845-015-0120
Last Date for Comment: 11-10-11, 5 p.m.
Summary: This rule describes the Commission’s standard procedure for
seeking applications from the public to fill a retail sales agent vacancy.
Staff is recommending amendments to section (2) of this rule regarding the
methods used to advertise retail sales agent vacancies. Since the rule was last
substantively amended (in 2003), advertising has evolved to reflect today’s
technological advances. Staff recommends deleting the language requiring
advertisements to be placed in printed newspapers, and to replace it with
language that allows for flexibility in advertising methods, including the now
more commonly used types of online media.
Rules Coordinator: Jennifer Huntsman
Address: Oregon Liquor Control Commission, 9079 SE McLoughlin
Blvd., Portland, OR 97222
Telephone: (503) 872-5004
Rule
Caption: Amendment implementing
statutory changes removing mandatory minimum case for customer special orders
of distilled spirits.
Date: Time: Location:
10-27-11 11
a.m. 9079
SE McLoughlin Blvd.
Portland,
OR 97222
Hearing Officer: Jennifer Huntsman
Stat. Auth.: ORS 471, 471.030, 471.175 & 471.730(1) & (5)
Stats. Implemented: ORS 471.175 & 471.750
Proposed Amendments: 845-015-0185
Last Date for Comment: 11-10-11, 5 p.m.
Summary: This rule describes the Commission’s procedures for special
orders for distilled spirits by customers. It currently establishes a one case
minimum for such orders. Senate Bill (SB) 944 has passed and eliminates the one
case minimum order requirement in some circumstances. SB 944 amends both ORS
471.175 governing distilled spirits purchases by Full On-Premises Sales
licensees and ORS 471.750 governing purchases by any person through a retail
liquor store. In both statutes, the amendments prohibit the Commission from
requiring the purchase of more than one container if: a) the retail price is a
minimum of $30 per container (adjusted annually based on CPI); b) the product
is available through a U.S. distributor with only a minimum case order
required; c) the product is not regularly stocked by the Commission; and d) is
ordered in a 750 milliliter container if available. This rule needs to be
amended to bring it into statutory compliance effective January 1, 2012.
Rules Coordinator: Jennifer Huntsman
Address: Oregon Liquor Control Commission, 9079 SE McLoughlin
Blvd., Portland, OR 97222
Telephone: (503) 872-5004
Rule
Caption: Amendment implementing
statutory change expanding license types allowed to participate in Responsible
Vendor Program.
Date: Time: Location:
10-25-11 10
a.m. 9079
SE McLoughlin Blvd.
Portland,
OR 97222
Hearing Officer: Jennifer Huntsman
Stat. Auth.: ORS 471, 471.030, 471.040, 471.344 & 471.730(1) & (5)
Stats. Implemented: ORS 471.344
Proposed Amendments: 845-009-0135
Last Date for Comment: 11-08-11, 5 p.m.
Summary: This rule describes the Commission’s standards and procedures for
participation in the Responsible Vendor Program (RVP). The 2011 legislature has
passed House Bill (HB) 2148, effective January 1, 2012. HB 2148 amends ORS
471.344 by changing the definition of “retail licensee” for purposes of the
RVP. Rather than using the definition in ORS 471.392, which excludes certain
license types with retail privileges such as a Brewery-Public House license and
a Winery license, the new statutory language will allow any licensee with
retail privileges to participate in the RVP. Amending OAR 845-009-0135, by
deleting the current definition of “retail licensee” and adding language to the
now section (2), will bring our rule into compliance with the new statutory
language. While the rule is open, staff also recommends amending what will now
be (7)(a) so that licensees would not be removed from the RVP if the only
program element they are missing is the posting
requirement for house policies or legal I.D. signs. The proposed amendments
also include the addition in what will now be (3)(e) of the requirement to
produce training records for inspection within one business day. And finally,
to improve clarity, staff recommends an overall clean up and restructuring of
what will now be sections (5) and (7), governing both maintenance of RVP status
and program removal & reinstatement.
Rules Coordinator: Jennifer Huntsman
Address: Oregon Liquor Control Commission, 9079 SE McLoughlin
Blvd., Portland, OR 97222
Telephone: (503) 872-5004
Rule
Caption: Amend and adopt rules to
update and modernize the distilled spirits retail store system.
Date: Time: Location:
10-31-11 10
a.m. 9079
SE McLoughlin Blvd.
Portland,
OR 97222
Hearing Officer: Jennifer Huntsman
Stat. Auth.: ORS 471, 471.030, 471.040, 471.710 & 471.730(1) & (5)
Stats. Implemented: ORS 471.710, 471.750 & 471.752
Proposed Adoptions: 845-015-0210
Proposed Amendments: 845-015-0101, 845-015-0105, 845-015-0115, 845-015-0118,
845-015-0190, 845-015-0196
Last Date for Comment: 11-14-11, 5 p.m.
Summary: Staff’s goal with this rule package is to enhance the distilled
spirits retail system within the existing context of a control state structure.
By updating and modernizing the system the Commission will enhance its ability
to both keep up with customers’ growing expectations and provide enough
incentive to attract & retain effective liquor store agents. This in turn
will lead to optimal revenue generation for the state of Oregon. The proposed
amendments in this rule package will provide the flexibility to update the
current business model in four key areas: 1) Allowing a corporation to be
appointed as a retail sales agent – the proposed amendments to OAR
845-015-0115 Retail Sales Agent Eligibility & OAR 845-015-0118 Retail Sales
Agent Prohibited Interests would allow for this additional option while
maintaining the ORS 471.710(3) prohibition against a retail sales agent also
being a Full On-Premises licensee or a Distillery licensee. 2) Building more
flexibility into the retail store classification process – the proposed
amendment of OAR 845-015-0105 Types of Retail Liquor Stores would allow the
Commission to change a retail liquor store’s classification to non-exclusive
based on the retail sales agent’s business plan in addition to the other
factors already considered. The specifics of such a business plan evaluation
would be contained in the Retail Operations Manual. 3) Updating the retail
liquor agents’ resignation buy-out program – the proposed amendments to
OAR 845-015-0190 Resignation Buy-Out Program for Retail Liquor Agents would
increase the standard buyout percentage to three percent and for those with a
current outstanding Annual Evaluation, four percent. 4) Building in additional
flexibility to accommodate future pilot programs – to meet this goal
staff proposes the adoption of OAR 845-015-0210 Pilot Programs
which would give the Commission the flexibility to test new retail sales
models through a pilot program of up to three years duration. Staff further
proposes the amendment of OAR 845-015-0196 Appointment of a Temporary Agent in
order to expand the circumstances under which the Commission may appoint
temporary agents beyond just when a current agent becomes unable to operate
their liquor store. Additionally, while this package of Division 15 Retail
Sales Agents rules is open, staff proposes housekeeping amendments to OAR
845-015-0101 Definitions.
Rules Coordinator: Jennifer Huntsman
Address: Oregon Liquor Control Commission, 9079 SE McLoughlin
Blvd., Portland, OR 97222
Telephone: (503) 872-5004
Rule
Caption: Amend rule to reference
judgments impacting disclosure of retired members’ records.
Date: Time: Location:
10-25-11 2
p.m. PERS
Boardroom
11410
SW 68th Pkwy.
Tigard,
OR
Hearing Officer: Daniel Rivas
Stat. Auth.: ORS 192.502 & 283.650
Stats. Implemented: ORS 192.410–192.505
Proposed Amendments: 459-060-0020
Last Date for Comment: 10-28-11
Summary: PERS has begun rulemaking in accordance with the judgments in PERS
v. Oregonian Publishing Company LLC and PERS v. Multimedia Holdings
Corporation, dba Statesman Journal Media. The amendments to OAR
459-060-0020, Confidentiality of Member Records, are needed to reference the
judgments, which impact what information PERS may release regarding retired members.
Copies
of the proposed rules are available to any person upon request. The rules are
also available at http://www.oregon.gov/PERS/about_us.shtml. Public comment may
be mailed to the above address or sent via email to Daniel.Rivas@state.or.us
Rules Coordinator: Daniel Rivas
Address: Oregon Public Employees Retirement System, PO Box
23700, Tigard, OR 97281
Telephone: (503) 603-7713
Rule
Caption: Establishes the requirements
for Oregon Lottery® second chance drawings
Date: Time: Location:
10-18-11 2:30–3
p.m. Oregon
Lottery
500
Airport Rd SE
Salem,
OR
Hearing Officer: Larry Trott
Stat. Auth.: ORS 461
Other Auth.: Oregon Constitution, Article XV, 4(4)
Stats. Implemented: ORS 461.220, 461.230 & 461.250
Proposed Adoptions: 177-052-0000, 177-052-0010, 177-052-0020, 177-052-0030,
177-052-0040, 177-052-0050, 177-052-0060, 177-052-0070
Last Date for Comment: 10-18-11, 3 p.m.
Summary: The purpose of this proposed rulemaking is to adopt rules that
set forth the requirements for second chance drawings conducted by the Oregon
Lottery®, which are drawings in which an eligible non-winning Oregon Lottery
ticket is submitted to Oregon Lottery for entry into a drawing for the chance
to win a prize.
These
new rules set forth eligibility and entry requirements, the method for
selecting winners, how the odds of winning are determined, winner notification,
the method and time period for claiming a second change drawing prize, and the
governing law.
Rules Coordinator: Mark W. Hohlt
Address: Oregon State Lottery, 500 Airport Rd. SE, Salem, OR
97301
Telephone: (503) 540-1417
Rule
Caption: Describes how Lottery
collects cash slip amounts from video retailer’s EFT account; limits
reimbursement.
Date: Time: Location:
11-15-11 2:30–3
p.m. Oregon
Lottery
500
Airport Rd. SE
Salem,
OR
Hearing Officer: Larry Trott
Stat. Auth.: ORS 461
Other Auth.: OR Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.215 & 461.217
Proposed Amendments: 177-200-0020, 177-200-0032
Last Date for Comment: 11-15-11, 3 p.m.
Summary: The proposed rulemaking clarifies when a Video LotterySM retailer may not validate and pay a cash slip, and
describes how the Lottery collects from a retailer’s EFT account the amount for
cash slips that are not paid to the retailer. Other amendments clarify when a
retailer will not be reimbursed for improperly paying a cash slip.
Rules Coordinator: Mark W. Hohlt
Address: Oregon State Lottery, 500 Airport Rd. SE, Salem, OR
97301
Telephone: (503) 540-1417
Rule
Caption: Refines faculty ranks to
reflect national titles, type of faculty work; adds career ladders within
ranks.
Date: Time: Location:
10-25-11 10:30
a.m. 246
Susan Campbell Hall
1431
Johnson Ln.
Eugene,
OR
Hearing Officer: Marcia Stuart
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 371.070
Proposed Amendments: 580-020-0005
Last Date for Comment: 10-28-11
Summary: The amended rule provides the definition of faculty rank, creates
consistency in titles, and constructs career ladders within titles.
Rules Coordinator: Marcia M. Stuart
Address: Oregon University System, PO Box 3175, Eugene, OR
97403-0175
Telephone: (541) 346-5749
Rule
Caption: Amend rules governing
non-traditional park use and special use permits.
Date: Time: Location:
10-18-11 5:30–7
p.m. Seaside
Public Library
1131
Broadway
Seaside,
OR
10-19-11 6–7
p.m. Champoeg
State Heritage Area
Visitor
Center
8239
Champoeg Rd. NE
Aurora,
OR
10-20-11 6–7
p.m. Bend
Park & Recreation Office
Riverbend
Community Rm.
799
SW Columbia St.
Bend,
OR
10-25-11 6–7
p.m. Coos
Bay Public Library
525
Anderson Ave.
Coos
Bay, OR
Hearing Officer: Richard Walkoski
Stat. Auth.: ORS 390.124
Stats. Implemented: ORS 390.111, 390.121 & 390.124
Proposed Adoptions: 736-016-0012
Proposed Amendments: 736-016-0005, 736-016-0010, 736-016-0015, 736-016-0020,
736-016-0023, 736-016-0025
Last Date for Comment: 10-25-11
Summary: Amends rules governing non-traditional use of state parks and
ocean shores: adds a “definitions” section to the rule; clarifies when a
special use permit is required; updates criteria that are used to evaluate
applications; updates requirements placed on applicants; clarifies application
procedure; aligns fees with legislatively approved fee structure.
Rules Coordinator: Vanessa DeMoe
Address: Parks and Recreation Department, 725 Summer St. NE,
Suite C, Salem, OR 97301
Telephone: (503) 986-0719
Rule
Caption: In the Matter of a Rulemaking
Regarding Greenhouse Gas Emissions Requirements.
Date: Time: Location:
10-19-11 9:30
a.m. 550
Capitol St. NE, 2nd Floor
Salem,
OR 97301
Hearing Officer: Shani Pines
Stat. Auth.: ORS 756.040, 757.538 & 2009 OL Ch. 751 Sec. 9
Stats. Implemented: ORS 757.538 & 2009 OL Ch. 751 Sec. 9
Proposed Adoptions: 860-085-0005, 860-085-0010, 860-085-0020, 860-085-0030,
860-085-0040, 860-085-0050
Last Date for Comment: 10-26-11, 5 p.m.
Summary: These proposed rules implement ORS 757.522 through 757.538
(sections 1 through 6 of SB 101 from the 2009 legislative session) regarding
the greenhouse gas emissions standard applicable to electric companies and
electricity service suppliers. The hearing previously scheduled for September
16, 2011, was canceled because of a mandatory state furlough day. This notice
provides new dates for the hearing and the close of the comment period.
The Commission encourages participants
to file written comments as early as practicable in the proceedings so that
other participants have the opportunity to consider and respond to the comments
before the deadline. Please reference Docket No. AR 556 on comments and file
them by e-mail to the Commission’s Filing Center at PUC.FilingCenter//apps.puc.state.or.us/edockets/center.htm.
Interested persons may review all filings online at
http://apps.puc.state.or.us/edockets/docket.asp?DocketID=16922.
Participants
wishing to monitor the hearing by telephone (listen only) must contact Diane
Davis at diane.davis@state.or.us or (503) 378-4372 by close of business October
17, 2011, to request a dial -in number. To present oral comment at the hearing,
participants must attend in person. A person may present comments either in
writing as set out above or in person at the hearing.
Rules Coordinator: Diane Davis
Address: Public Utility Commission of Oregon, PO Box 2148,
Salem, OR 97308
Telephone: (503) 378-4372
Rule
Caption: In the Matter of Updating
Rules about Water Regulation including Changes Required by SB 142.
Date: Time: Location:
10-26-11 9:30
a.m. 550
Capitol St. NE, 1st Flr.
Salem,
OR 97301
Hearing Officer: Staff
Stat. Auth.: ORS 183, 756, 757 & 2003 OL Ch. 202
Stats. Implemented: ORS 98.316, 756.040, 756.105, 756.310, 756.320, 756.350, 756.500,
756.512, 757.005, 757.007, 757.015–757.039, 757.061–757.069,
757.105, 757.120, 757.125, 757.135, 757.205, 757.220, 757.225, 757.230,
757.250, 757.259, 757.270–757.290, 757.405–757.450, 757.480,
757.485, 757.495, 757.542–757.562, 757.750, 757.755, 757.760,
758.300–758.320, 759.650–759.675; Ch. 202, OL 2003
Proposed Adoptions: 860-036-0026, 860-036-0128, 860-036-0207, 860-036-0241,
860-036-0242, 860-036-0425, 860-036-0708, 860-036-0816
Proposed Amendments: 860-036-0001 – 860-036-0930
Proposed Repeals: 860-036-0245, 060-036-0340, 860-036-0407, 860-036-0625, 860-036-0810
Proposed Ren. & Amends: 860-036-0207 to 860-036-0249, 860-036-0625 to 860-036-0616
Last Date for Comment: 11-4-11, 5 p.m.
Summary: The proposed rules address changes required by Senate Bill 142
(2011 session), which are intended to simplify water utility regulation. The
proposed rules also clarify the rules and make housekeeping changes. The
proposed changes reduce the regulatory burden on water utilities. The proposed
rule changes include but are not limited to:
•
Identification of the type of information water utilities are required to keep about each water meter has been added to the metering rule.
•
Water utilities are no longer required to file master plans with the PUC thus
reducing the regulatory burden on water utilities.
•
“Reasonable” advanced customer notice requirement for planned maintenance and
repair service interruptions is replaced with a 2 or 5 day advanced notice,
depending on the method of notification.
•
Applications for water utilities seeking Commission approval to (1) issue
stocks and other securities, (2) guaranty indebtedness, and (3) enter into
affiliated interest contracts have been simplified and the requirements
reduced.
• The threshold revenue requirement for filing the
Budget of Expenditures is raised from $50,000 to $500,000, reducing the number
of water utilities required to file this report. In the future, approximately
three water utilities will be filing annual Budget of Expenditures.
•
Water utilities are no longer required to file annual Construction Budgets.
•
Copies of well logs and water rights are now required in service territory
applications; however, water utilities should already have this information.
The Commission encourages participants
to file written comments as early as practicable in the proceedings so that
other participants have the opportunity to consider and respond to the comments
before the deadline. Please reference Docket No. AR 559 on comments and file
them by e-mail to the Commission’s Filing Center at
PUC.FilingCenter//apps.puc.state.or.us/edockets/center.htm. Interested persons
may review all filings online at
http://apps.puc.state.or.us/edockets/docket.asp?DocketID=16941.
Participants
wanting to monitor the hearing by telephone (listen only) must contact Diane
Davis at diane.davis@state.or.us or (503) 378-4372 by close of business October
21, 2011, to request a dial-in number. To present oral comment at the hearing,
participants must attend in person.
Rules Coordinator: Diane Davis
Address: Public Utility Commission of Oregon, PO Box 2148,
Salem, OR 97308
Telephone: (503) 378-4372
Rule
Caption: Adjusts license fees by
percentage change in consumer price index for previous 24 months.
Stat.
Auth.: ORS 670 & 776
Stats. Implemented: ORS 776.115, 776.357 & 670.310
Proposed Amendments: 856-010-0016
Last Date for
Comment: 10-26-11
Summary: The Board is statutorily required to adjust the amount
of the maximum annual license fee for a maritime pilot for each subsequent
biennium by a proportional amount equal to the percentage change in the
24-month period prior to the beginning of the biennium in the Portland-Salem,
OR-WA Consumer Price Index for All Urban Consumers for All Items, as published
by the Bureau of Labor Statistics of the United State department of Labor. The
cumulative CPI for the previous period will increase the license fee from
$2,682 to $2,718 annually.
Rules Coordinator: Susan Johnson
Address: Public Utility Commission, Board of Maritime Pilots,
800 NE Oregon St., Suite 507, Portland, OR 97232
Telephone: (971) 673-1530
Rule
Caption: Implementation of HB 2133
(2011 OL Ch. 51), relating to electronic communication (in lieu of hard copy).
Date: Time: Location:
10-24-11 1–2
p.m. North
Mall Bldg., Rm. 124(b)
725
Summer St. SE
Salem,
OR
Hearing Officer: Tom Paul
Stat. Auth.: ORS 536.027
Other Auth.: 2011 OL Ch. 51
Stats. Implemented:
Proposed Amendments: 690-053-0015, 690-0153-0030, 690-053-0035, 690-077-0029,
690-077-0031, 690-077-0039, 690-310-0080, 690-310-0090, 690-310-0100,
690-310-0150, 690-315-0050, 690-330-0010, 690-380-4000, 690-380-4020,
690-380-6040, 690-382-0600, 690-382-0800, 690-385-4100, 690-385-4600,
690-385-7600
Last Date for Comment: 10-31-11, 5 p.m.
Summary: HB 2133, enacted into law by Oregon Legislature in 2011, in part. authorizes OWRD to adopt rules that allow the
submission of one or more types of documents to the department by electronic
means in lieu of submission by mailing or submission in written form, and with
the consent of the recipient, to send one or more types of documents in
electronic form in lieu of mailing or other sending of the document in written
form. OWRD views implementation of this legislative authorization as a means to
reduce costs and streamline department processes for the benefit of applicants
and the department and as a means to reduce the overall use of paper products.
Rules Coordinator: Ruben Ochoa
Address: Water Resources Department, 725 Summer St. NE, Suite
A, Salem, OR 97301
Telephone: (503) 986-0874
Rule
Caption: Statutory conformity
regarding exempt groundwater commercial uses and public notice requirements;
regulatory streamlining regarding mapping requirements; and technical changes.
Date: Time: Location:
10-24-11 3–4
p.m. North
Mall Bldg., Rm. 124(b)
725
Summer St. SE
Salem,
OR
Hearing Officer: Tom Paul
Stat. Auth.: ORS 536.027
Stats. Implemented: ORS 567.545 & 540.520
Proposed Amendments: 690-013-0100, 690-018-0050, 690-053-0030, 690-077-0077,
690-300-0010, 690-310-0020, 690-310-0050, 690-380-2260, 690-0380-3100,
690-380-4020, 690-382-0800
Last Date for Comment: 10-31-11, 5 p.m.
Summary: This rulemaking, in part, proposes changes to several Oregon
Water Resources Department administrative rules to bring them into conformity
with Oregon statute. With respect to this effort, the rules propose changes to
OAR chapter 690, division 300 regarding commercial uses allowed under exempt
groundwater use statutes and changes to OAR chapter 690, division 018, 380 and
382 regarding public notice requirements. In addition, this rulemaking proposes
regulatory streamlining changes to OAR chapter 690, division 310 and 380
related to mapping requirements and several non-substantive technical changes
to OAR chapter 690, division 013, 053 and 077.
Rules Coordinator: Ruben Ochoa
Address: Water Resources Department, 725 Summer St. NE, Suite
A, Salem, OR 97301
Telephone: (503) 986-0874
Rule
Caption: Implementation of HB 2135
(2011 OL Ch. 52), relating to reductions in newspaper notice requirements.
Date: Time: Location:
10-24-11 2–3
p.m. North
Mall Bldg., Rm. 124(b)
725
Summer St. SE
Salem,
OR
Hearing Officer: Tom Paul
Stat. Auth.: ORS 536.027
Other Auth.: 2011 OL Ch. 52
Stats. Implemented: ORS 536.750 & 543.092
Proposed Amendments: 690-013-0310, 690-018-0050, 690-019-0080, 690-053-0015,
690-310-0020, 690-380-2260, 690-380-4020, 690-382-0800
Last Date for Comment: 10-31-11, 5 p.m.
Summary: HB 2135, enacted into law by the Oregon Legislature in 2011,
reduced the number of weeks that public notice is required to
be published in newspapers by the department and/or applicants and
petitioners to the department prior to the initiation of certain actions by the
department. This reflects proposed changes to rule relative to specific
statutory changes made in HB 2135 and one proposed change (OAR 690-053-0015)
consistent with the intent of 2135. The department views
implementation of this legislative as a cost-saving and regulatory streamlining
measure.
Rules Coordinator: Ruben Ochoa
Address: Water Resources Department, 725 Summer St. NE, Suite
A, Salem, OR 97301
Telephone: (503) 986-0874
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.
2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use |