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Oregon Bulletin

October 1, 2011

NOTICES OF PROPOSED RULEMAKING AND
PROPOSED RULEMAKING HEARINGS


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

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

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

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

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


 

 

Appraiser Certification and Licensure Board
Chapter 161

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

Board of Massage Therapists
Chapter 334

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

Bureau of Labor and Industries
Chapter 839

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

Department of Agriculture,
Oregon Hazelnut Commission
Chapter 623

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

Department of Agriculture,
Oregon Trawl Commission
Chapter 656

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

Department of Agriculture,
Oregon Wheat Commission
Chapter 678

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

Department of Community Colleges
and Workforce Development
Chapter 589

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

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

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

Department of Consumer and Business Services,
Insurance Division
Chapter 836

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

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

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

Department of Energy
Chapter 330

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

Department of Environmental Quality
Chapter 340

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

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

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

Department of Human Services,
Children, Adults and Families Division:
Child Welfare Programs
Chapter 413

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

Department of Oregon State Police,
Office of State Fire Marshal
Chapter 837

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

Department of State Lands
Chapter 141

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

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

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

Department of Transportation,
Motor Carrier Transportation Division
Chapter 740

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

Oregon Board of Dentistry
Chapter 818

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

Oregon Business Development Department
Chapter 123

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

Oregon Department of Education
Chapter 581

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

Oregon Health Authority
Chapter 943

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

Oregon Health Authority,
Division of Medical Assistance Programs
Chapter 410

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

Oregon Health Authority,
Office of Private Health Partnerships
Chapter 442

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

Oregon Health Authority,
Public Health Division
Chapter 333

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

Oregon Health Licensing Agency
Chapter 331

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

Oregon Liquor Control Commission
Chapter 845

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

Oregon Public Employees Retirement System
Chapter 459

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

Oregon State Lottery
Chapter 177

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

Oregon University System
Chapter 580

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

Parks and Recreation Department
Chapter 736

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

Public Utility Commission
Chapter 860

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

Public Utility Commission,
Board of Maritime Pilots
Chapter 856

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

Water Resources Department
Chapter 690

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

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

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