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Oregon Bulletin

October 1, 2012

 

NOTICES OF PROPOSED RULEMAKING AND
PROPOSED RULEMAKING HEARINGS

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

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

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

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

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


 

Board of Architect Examiners, Chapter 806

Rule Caption: 2011–13 Board of Architect Examiners Budget Amendment.

Date: Time: Location:

10-16-12  9:30 a.m. 205 Liberty St. NE, Suite A  Salem, OR 97301

Hearing Officer: James Denno

Stat. Auth.: ORS 671.125 & 182.462

Stats. Implemented: ORS 671.125 & 182.462

Proposed Amendments: 806-001-0003

Last Date for Comment: 10-16-12, 4:30 p.m.

Summary: 2011–13 Board of Architect Examiners Budget Amendment.

Rules Coordinator: Jim Denno

Address: Oregon Board of Architect Examiners, 205 Liberty St. NE, Suite A, Salem, OR 97301

Telephone: (503) 763-0662


Board of Chiropractic Examiners, Chapter 811

Rule Caption: Pre-Paid Treatment Plan amendments; License Suspension and Probation Provisions.

Date: Time: Location:

11-15-12  1:30 p.m. University of Western States  2900 Northeast 132nd Ave.,   Hampton Hall   Portland, OR 97230

Hearing Officer: Dave McTeague

Stat. Auth.: ORS 684

Other Auth.: ORS 684.100

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

Proposed Adoptions: 811-015-0080

Proposed Amendments: 811-015-0002

Last Date for Comment: 11-15-12, 1:30 p.m.

Summary: Pre-Paid Treatment Plan amendments; License Suspension and Probation Provisions.

Rules Coordinator: Donna Dougan

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

Telephone: (503) 373-1579


Board of Psychologist Examiners, Chapter 858

Rule Caption: Clarifies the requirements to reactivate a license.

Stat. Auth.: ORS 675.010–675.150

Stats. Implemented: ORS 675.110

Proposed Amendments: 858-010-0050

Last Date for Comment: 10-26-12, Close of Business

Summary: The proposed rule change clarifies the amount of continuing education (CE) sufficient to maintain professional competence which is required to reactivate a license from inactive status to active or semi-active status. It also delineates the prorated CE and license fee calculation upon reactivation.

Rules Coordinator: LaReé Felton

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

Telephone: (503) 373-1196


Bureau of Labor and Industries, Chapter 839

Rule Caption: Amendment for Clarification of Eligibility of OMFLA and Clarification for Leave due to Harassment.

Stat. Auth.: ORS 659A.805

Other Auth.: ORS 659A.093(6)

Stats. Implemented: ORS 659A.270–659A.285 & 659A.090–659A.099

Proposed Amendments: 839-009-0335, 839-009-0390, 839-009-0410

Last Date for Comment: 11-09-12, 5 p.m.

Summary: The amendment to OAR 839-009-0335 will add harassment to the title of OAR 839-009-0335 to conform to ORS 659A.270 to ORS 659A.285.

 The amendments to OAR 839-009-0390 and 839-007-0410 will clarify that an eligible employee need not be eligible to take protected leave under the Oregon Family Leave Act in order to qualify for protected leave under the Oregon Military Family Leave Act and conform with ORS 659A.090(1) and ORS 659A.093.

Rules Coordinator: Marcia Ohlemiller

Address: Bureau of Labor and Industries, 800 NE Oregon St., Ste. 1045, Portland, OR 97232

Telephone: (971) 673-0784


Construction Contractors Board, Chapter 812

Rule Caption: Housekeeping: LBP to match EPA & OHA; clarify complaints filed; clarify proof CE required.

Date: Time: Location:

10-23-12  11 a.m. West Salem Roths IGA   Santiam Rm.  425 Glen Creek Rd.   Salem, OR

Hearing Officer: Rob Yorke

Stat. Auth.: ORS 670.310, 701.126, 701.145, 701.235, 701.515 & 1999 OL Ch. 849, Sec. 8

Stats. Implemented: ORS 183.413 to 183.470, 470, 670.310, 701.063, 701.108, 701.119, 701.126, 701.145, 701.505-701.520 & OL 2009, Ch. 753

Proposed Amendments: 812-007-0020, 812-009-0010, 812-021-0037, 812-021-0040, 812-025-0020

Last Date for Comment: 10-23-12, Close of Hearing

Summary: 812-007-0020 is amended to define “minor repair and maintenance activities” to read the same as the rules adopted by the federal Environmental Protection Agency and the Oregon Health Authority.

 812-009-0010 is amended to clarify that for Dispute Resolution Services (DRS) complaints filed before July 1, 2011 (pre-DRS-mediation only), sections in rules relating to exceptions and appeals apply.

 812-021-0037 and 812-021-0040 are amended to clarify what proof of continuing education (CE) an inactive renewing contractor must provide. Removes language from OAR 812-021-0037 (general section) and places it in OAR 812-021-0040 (specific section governing inactive contractors).

Rules Coordinator: Catherine Dixon

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

Telephone: (503) 934-2185


Department of Agriculture, Chapter 603

Rule Caption: State supervised price negotiation threshold.

Date: Time: Location:

10-22-12  10:30 a.m. Hatfield Marine Science Ctr.  Guin Library Seminar Rm.  2030 Marine Sciences Dr.  Newport, OR

Hearing Officer: Kris Anderson

Stat. Auth.: ORS 62.511–62.515, 576.610–576.650, 646.515–646.545, 646.715, 646.736, 646.739, 646.740 & 183

Stats. Implemented: ORS 646.715, 646.736 & 646.739

Proposed Amendments: 603-076-0052

Last Date for Comment: 10-23-12, 5 p.m.

Summary: The rule change will reduce the threshold requirement for holding state supervised price negotiations from 75% of active seafood harvesters and 75% of dealers, as determined by pounds processed in the preceding year, to 51% active seafood harvesters and 51% of dealers, as determined by pounds processed in the preceding year.

 The purpose of the rule change is to reduce the percentage of harvesters and dealers that may petition the Oregon Department of Agriculture (ODA) Director for regulated price negotiations. ODA asserts that the percentage of participants in relation to the industry as a whole is sufficient to allow the harvesters and the dealers to bargain collectively to arrive at a negotiated season starting price that encourages an orderly start to the season, and the efficient production and distribution of seafood products.

Rules Coordinator: Sue Gooch

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

Telephone: (503) 986-4583


 

Rule Caption: Establishing a statewide control area for giant reed Arundo donax.

Date: Time: Location:

10-30-12  11 a.m. Oregon Dept. of Agriculture  Hearing Rm.  635 Capitol St. NE  Salem, OR

10-31-12 4 p.m. OSU, Agriculture & Research  Extension Center  2121 S. First St.  Hermiston, OR

Hearing Officer: Ron Pence

Stat. Auth.: ORS 570.405

Other Auth.: ORS 561.190

Stats. Implemented: ORS 570.405

Proposed Adoptions: 603-052-1206, 603-052-1209, 603-052-1211

Last Date for Comment: 11-9-12, 5 p.m.

Summary: This proposed rule would establish a statewide control area for giant reed, Arundo donax. Giant reed is an invasive noxious weed in some parts of the world. It is also a promising bio-energy crop because of its high biomass production and it is grown as an ornamental and for woodwind instrument reeds. These rules are designed to allow giant reed to be grown as a biofuel and an ornamental plant while protecting the environment and agricultural, horticultural, and forest industries of the state. PGE proposed to switch their Boardman Power Plant’s fuel source from coal to biofuel by 2020. Under this rule, biofuel crops of giant reed would be allowed under permit. A $2.00/acre assessment for monitoring and a $100/acre bond to cover eradication would be required. Wild-type giant reed would be phased out of the nursery industry by Dec. 31, 2013 and only variegated varieties would be allowed after that date. All ornamental uses of giant reed would terminate if the Department and the State Weed Board list giant reed as a noxious weed.

Rules Coordinator: Sue Gooch

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

Telephone: (503) 986-4583


 

Rule Caption: Adopts revised Retail Food Code to be used by the Oregon Department of Agriculture.

Date: Time: Location:

10-26-12  9 a.m. Oregon Dept. of Agriculture  635 Capitol St. NE,   3rd Floor Conference Rm.  Salem, OR 97301

Hearing Officer: Eric Edmunds

Stat. Auth.: ORS 561, 616 & 619

Stats. Implemented: ORS 616.700

Proposed Amendments: 603-025-0030

Last Date for Comment: 11-1-12, 5 p.m.

Summary: The Oregon Department of Agriculture is currently using a Food Code that was established in 2002. The proposal for the 2012 Oregon Department of Agriculture Retail Food Code is very similar to the 2002 code, but there have been several changes. Options for the retail food code that were discussed during Oregon Health Authority meetings in 2012, and the 2009 Model Food Code were considered along with suggestions from department employees and advisory committee meetings. The following are the significant changes that will be included in the 2012 Retail Food Code: Cut leafy greens and other produce will be considered a potentially hazardous food, persons in charge of facilities must demonstrate knowledge about major food allergens, certain illnesses will cause an employee to be excluded from a food establishment, employees may not contact exposed, ready-to-eat food with their bare hands, use of non-commercial mushrooms will require record retention and consumer notification, latex gloves will be prohibited, outdoor food service regulations will be relaxed, a 6-hour standard for cold foods may be used as long as the food does not exceed 70°F, more stringent employee training will apply when a food establishment acquires a variance from the rules, a consumer advisory will be used for raw or undercooked animal products, facilities will need a small diameter probe to measure temperature of thin foods, dogs will be allowed in the outside seating areas of establishments if the owner permits it, and certain restrictions are followed.

Rules Coordinator: Sue Gooch

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

Telephone: (503) 986-4583


Department of Community Colleges and Workforce Development, Chapter 589

Rule Caption: Adopt sub-sections to break out rule content for 589-002-0100: Community College Support Fund Distribution.

Date: Time: Location:

10-22-12  1 p.m. Public Service Bldg.  255 Capitol St. NE, 3rd Flr.  Salem, OR 97310

Hearing Officer: Linda Hutchins

Stat. Auth.: ORS 326.051, 341.015, 341.022, 341.317, 341.440, 341.525, 341.528, 341.626 & 341.665

Stats. Implemented: ORS 341.626

Proposed Adoptions: 589-002-0110, 589-002-0120, 589-002-0130

Last Date for Comment: 10-22-12, Close of Business

Summary: Authority for distribution of the Community College Support Fund is granted by OAR 589-002-0100. Along with housekeeping to provide plain language, this proposed rule will adopt sub-sections in order to: break-out rule definitions (589-002-0110); outline the CCSF Distribution Methodology (589-002-0120); and, break-out rule language specific to the State Board Strategic Fund (589-002-0130).

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 for master trustee to calculate trust fund balance at least twice each year.

Stat. Auth.: ORS 97.943

Other Auth.: 2012 OL Ch. 7,§10 (Enrolled HB 4117)

Stats. Implemented: ORS 97.926, 97.935, & 2012 OL Ch. 7, §10

Proposed Adoptions: 441-930-0085

Proposed Amendments: 441-930-0010

Last Date for Comment: 10-29-12, 5 p.m.

Summary: In May 2012, the Department of Consumer and Business Services (DCBS) proposed a new rule, proposed OAR 441-930-0085, to implement section 10 of 2012 House Bill 4117. HB 4117 required DCBS to create a process, by rule, to allow a master trustee to calculate the balance of their trust fund deposits at least two times each year. At the conclusion of the review process, DCBS prepared a final rule ready for adoption that closely complied with the legislative policy contained in the act. However, because the final rule differed substantially from the rule proposed in May, DCBS is electing to provide another opportunity for interested parties to comment on the proposed rule before final adoption.

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: Producer licensing and continuing education application requirements and establishing mechanical breakdown limited license class.

Date: Time: Location:

10-23-12  1:30 p.m. 350 Winter St. NE  Conference Rm. F  Salem, OR

Hearing Officer: Jeannette Holman

Stat. Auth.: ORS 181.534, 646A.590, 705.135, 731.244, 731.804, 744.001, 744.003, 744.007, 744.058, 744.062, 744.072, 744.119, 744.303, 744.535, 744.619, 744.621, 744.635, 744.704, 744.706, 744.712, 744.726, 744.852 & 744.858

Stats. Implemented: ORS 181.534, 646A.577, 705.141, 731.804, 744.001, 744.003, 744.007, 744.008, 744.058, 744.059, 744.062, 744.072, 744.119, 744.326, 744.535, 744.619, 744.621, 744.706, 744.712, 744.852, 744.856 & 744.858

Proposed Amendments: Rules in 836-071, 836-072-0010, 836-075-0000, 836-075-0030

Last Date for Comment: 11-1-12, 5 p.m.

Summary: This rulemaking amends rules of the Department of Consumer and Business Services (DCBS) related to licensing and continuing education requirements. These proposed rules require electronic submission of license applications and continuing education materials to the extent possible. All fingerprints are to be submitted electronically from the exam vendor testing facilities, continuing education providers will be required to report course completion information electronically via instructions from the division and non-resident applicants must supply background information electronically.

 The proposed rules also establish mechanical breakdown insurance as a class of limited license separate from limited class credit insurance.

 These rules are necessary to reflect changes in the licensing process that result from DCBS’s change to an electronic-based system.

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: Permanent rules relating to regulating and licensing captive insurers in Oregon.

Date: Time: Location:

10-29-12  10 a.m. 350 Winter St. NE  Conference Rm. E  Salem, Oregon

Hearing Officer: Jeannette Holman

Stat. Auth.: ORS 731.244, 2012 OL Ch. 84 Sec. 4, (Enrolled SB 1547)

Other Auth.: 2012 OL Ch. 84 Sec. 2-22, (Enrolled SB 1547)

Stats. Implemented: 2012 OL Ch. 84 Sec. 2-22, (Enrolled SB 1547)

Proposed Adoptions: 836-029-0000 , 836-029-0005, 836-029-0010, 836-029-0015, 836-029-0020, 836-029-0025, 836-029-0030, 836-029-0035, 836-029-0040, 836-029-0045, 836-029-0050, 836-029-0055, 836-029-0060, 836-029-0065, 836-029-0070, 836-029-0075, 836-029-0080, 836-029-0085, 836-029-0090, 836-029-0095, 836-029-0100, 836-029-0105, 836-029-0110, 836-029-0115, 836-029-0120

Proposed Amendments: 836-009-0007

Last Date for Comment: 11-5-12, 5 p.m.

Summary: Senate Bill 1547 (2012 Legislative Session) authorized the Department of Consumer and Business Services to admit and regulate captive insurers in Oregon. A captive insurer is an insurance company formed to provide certain classes of insurance coverage to its parent organization or its affiliates, not to the public as a whole. Many major U.S. and multinational corporations use captive insurers to finance portions of their insurance risks. A captive insurer can be organized under the laws of any jurisdiction with a captive insurer enabling statute. The jurisdiction under which the captive insurer is organized is called the “domicile,” and the captive insurer is regulated by the laws of that domicile.

 These rules implement the provisions of Senate Bill 1547, setting out the regulatory and procedural details to administer the new captive insurers program. The rules include provisions that establish and clarify application requirements, annual reporting and audit requirements, documentation and recordkeeping requirements, provisions to assure there is no conflict of interest by directors of captive insurers, procedures for suspending or revoking a captive insurer license, forms and fee requirements.

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 Board, Chapter 438

Rule Caption: OAR Chapter 438 provisions for attorney fees.

Date: Time: Location:

11-2-12  10 a.m. 2601 25th St. SE, Suite 150  Salem OR 97302

Hearing Officer: Debra L. Young

Stat. Auth.: ORS 656.726(5)

Stats. Implemented: ORS 656.236(4), 656.262(11)(a), 656.289(4), 656.308(2), 656.382(2), 656.386(1) & (2), 656.388(1) & (3), 656.593(1)(a) & 656.726(5)

Proposed Amendments: 438-015-0005, 438-015-0015, 438-015-0019, 438-015-0025, 438-015-0029, 438-015-0035, 438-015-0038, 438-015-0050, 438-015-0055, 438-015-0095, 438-015-0110

Last Date for Comment: 11-2-12, 5 p.m.

Summary: The Board proposes to: (1) amend OAR 438-015-0005(7) to clarify the definition of “denied claim” to include claims under ORS 656.386(1)(b)(B), (C), or (D); (2) amend OAR 438-015-0015 by adding ORS 656.262(11)(a) and 656.308(2)(d) to the list of statutes that authorize attorney fees; (3) amend OAR 438-015-0019(5) to clarify when payment of costs are due; (4) amend OAR 438-015-0025 by adding reference to OAR 438-015-0055(2) and (3) to complete the list of out-of-compensation attorney fee rules; (5) amend OAR 438-015-0029(2)(a) and (3)(a) by changing the filing of requests and responses for assessed attorney fees on Board review to “no later than 14 days” from certain events; (6) amend OAR 438-015-0029(2)(c) and (3)(b) by providing that copies of requests and “responses” for assessed attorney fees on Board review are served on “attorneys”; (7) amend OAR 438-015-0035 to provide that this rule “applies to denials under OAR 438-015-0005(7)”; (8) amend OAR 438-015-0038, OAR 438-015-0055(5), and OAR 438-015-0110 to provide the manner of calculation and notification of the maximum fee awardable under ORS 656.308(2)(d) and ORS 656.262(11)(a); (9) amend OAR 439-015-0050(1) to delete typographical error (“Administrative Law Judge”); (10) amend OAR 438-015-0055(5) to refer to section (2) of ORS 656.308; and (11) amend OAR 438-015-0095 to include reference to entire range of third party law (“ORS 656.576 through 656.596”).

Rules Coordinator: Karen Burton

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

Telephone: (503) 934-0123


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

Rule Caption: Workers’ compensation rules governing rulemaking, hearings, and attorney fees.

Date: Time: Location:

10-22-12  9 a.m. Labor & Industries Bldg.  Room F (basement)  350 Winter Street NE   Salem, OR

Hearing Officer: Fred Bruyns

Stat. Auth.: ORS 183, 656.385, 656.704, 656.726(4)

Stats. Implemented: ORS 183.310–183.410, 656, 656.385(1) & 656.704

Proposed Amendments: Rules in 436-001

Last Date for Comment: 10-26-12, Close of Business

Summary: The agency proposes to amend OAR chapter 436, division 001, “Procedural Rules, Rulemaking, Hearings, and Attorney Fees,” to:

 - Revise the definition of “mailed.”

 - Update the reference to the Model Rules for Rulemaking adopted by the Oregon Department of Justice.

 - Provide that an administrative law judge may issue an interim order that is not subject to review by the director.

 - Clarify that no new evidence, not just new “medical” evidence, may be admitted or considered at hearing in medical service, medical treatment, and managed care disputes.

 - Provide that the director may extend the time frames to file exceptions to a proposed and final order, or to file a response or reply, either on the director’s own motion or upon written request by a party that explains the need for the delay.

 - Repeal the rule describing the director’s process for alternative dispute resolution; the Workers’ Compensation Board’s mediation program is available to the parties.

 - Revise the attorney fee matrix in OAR 436-001-0410 to show the maximum fee and fee ranges as percentages of the adjusted maximum fee under ORS 656.385(1).

 - Delete the reference to the director’s bulletin for publication of the percentage increase in the maximum attorney fees under ORS 656.262(11).

Rules Coordinator: Fred Bruyns

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

Telephone: (503) 947-7717


 

Rule Caption: Workers’ compensation rules governing the disability rating standards.

Date: Time: Location:

10-22-12  9 a.m. Labor & Industries Bldg.   Room F (basement)  350 Winter Street NE   Salem, OR

Hearing Officer: Fred Bruyns

Stat. Auth.: ORS 656.726(4)

Stats. Implemented: ORS 656, 656.214, 656.268 & 656.726

Proposed Amendments: Rules in 436-035

Last Date for Comment: 10-26-12, Close of Business

Summary: The agency proposes to amend these rules to improve clarity and consistent application of the standards. More specifically:

 The agency proposes to amend OAR chapter 436, division 035, “Disability Rating Standards,” to:

 - Include additional types of spinal fractures in the definition of irreversible findings.

 - Provide that a physician may determine findings of impairment to be invalid based on the physician’s medical expertise and sound medical principles.

 - Clarify that supplemental disability benefits are not considered in the determination of the worker’s average weekly wage when calculating work disability.

 - Provide discretion regarding using contralateral comparisons in determining the normal range of motion or laxity of an injured joint.

 - Specify where the public may find and review copies of the standards referenced in the rules.

 - Explain that a job analysis or a job description that the parties agree to may be substituted for descriptions from “Dictionary of Occupational Titles.”

 - Clarify that the worker’s lifting capacity is based on the whole person, not an individual body part.

 - Provide that work restrictions, for the purpose of determining adaptability, include the inability to work regularly worked overtime hours.

 - Provide that work restrictions, for the purpose of determining adaptability, include the inability to frequently perform activities involving the hand: fine manipulation, squeezing, or grasping.

 - Clarify that, for injuries on or after 1/1/2005, the re-evaluation of the work disability may increase, decrease, or affirm the worker’s permanent disability award.

 - Clarify that sensation loss is only rated for the palmar side of the hand.

 - Clarify that no value is allowed for hypersensitivity on the dorsal side of the hand, fingers, or thumb, or for any portion of the forearm or arm.

 - Provide values for joint instability of the wrist.

 - Clarify that a rotational, lateral, dorsal, or palmar deformity of a digit receives a value for each type of deformity present.

 - Provide that when a spinal nerve root or brachial plexus are not injured, valid loss of strength in the arm, forearm, hand, leg, or foot is valued as if the peripheral nerve innervating the muscle(s) demonstrating the decreased strength was impaired.

 - Clarify that with motor loss, several additional impairment values are not allowed for the same extremity because these values are included in the motor loss values.

 - Provide that toes may receive values for dermatological conditions.

 - Remove the requirement that the worker must have a loss of use or function in the lower extremity to receive a value if the worker cannot be on his or her feet for more than two hours in an 8-hour period.

 - Clarify that all visual loss is measured with best correction, using the lenses recommended by the worker’s physician.

 - Provide that enucleation of the eye is rated at 100%.

 - Provide that a compression fracture followed by a corpectomy is given a surgical value and the maximum compression fracture value.

 - Include in the list of fractures of one or more of the posterior elements of a vertebra that may receive a value: odontoid process.

 - Provide that each inferior or superior ramus subject to displacement and deformity in a fractured pelvis is valued at 2%.

 - Provide for the rating of disability for injuries to the brain or head, and that resulting loss of use or function in the upper or lower extremities are valued according to the affected body part(s).

 - Provide that injuries to the brain or head do not have to be organically based.

 - Provide that headaches that are not a direct result of a brain or head injury (e.g., cervicogenic, sensory input issues, etc.) are given a value of 10%.

 - Provide that when a spinal cord “class” value is assigned, no additional value is allowed for reduced range of motion because this is already included in the values shown under the “classes.”

Rules Coordinator: Fred Bruyns

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

Telephone: (503) 947-7717


Department of Corrections, Chapter 291

Rule Caption: Operation and Use of Telephones by Inmates.

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

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

Proposed Amendments: 291-130-0006, 291-130-0011, 291-130-0016, 291-130-0020, 291-130-0080

Last Date for Comment: 11-13-12, 5 p.m.

Summary: The department has updated its inmate telephone system. These modifications are necessary to update the rules to current operations of the new telephone system.

Rules Coordinator: Janet R. Worley

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

Telephone: (503) 945-0933


 

Rule Caption: Case Management of Offenders Under Supervision in the Community.

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

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

Proposed Adoptions: 291-078-0026, 291-078-0031

Proposed Amendments: 291-078-0005 – 291-078-0020

Last Date for Comment: 11-13-12, 5 p.m.

Summary: These rules are necessary in order for the department to implement the use of a new static risk assessment tool (Public Safety Checklist) to replace the current risk assessment tool. The Public Safety Checklist will be used as the statewide initial risk assessment tool for offenders. The Proxy will be used as an alternative tool for offenders that have no Oregon criminal history or an extensive out-of-state criminal history.

Rules Coordinator: Janet R. Worley

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

Telephone: (503) 945-0933


 

Rule Caption: Emergency Preparedness.

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

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

Proposed Amendments: 291-053-0005 – 291-053-0135

Last Date for Comment: 11-13-12, 5 p.m.

Summary: Modifications to these rules are necessary to update the rules to current operational practices. These rules have not been revised since 1996. Correctional institutions are required to develop plans for emergency situations. These rules have been expanded to include staff offices.

Rules Coordinator: Janet R. Worley

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

Telephone: (503) 945-0933


 

Rule Caption: DMV/DOC Program for Providing Offenders Driver License or Identification Card Before Release.

Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075 & 802.087

Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 802.087

Proposed Adoptions: 291-207-0100

Last Date for Comment: 11-13-12, 5 p.m.

Summary: ORS 802.087 requires the Department of Transportation (DMV) and the Department of Corrections (DOC) to work together to assist offenders in obtaining a driver license or identification (ID) card prior to an offender’s release from custody. The aim of this program is for an offender to have state-issued photo ID at the time of release to remove a significant barrier to successful reentry into local communities. DMV and DOC completed a feasibility study looking at various options for issuance. The study evaluated the costs of the options and security concerns both for DMV and DOC along with how many offenders might be issued a driver license or ID card under each option. It was determined that the most efficient and effective method is to issue a driver license (replacement or renewal) or an ID card using the offender’s last photo on file with DMV. DMV has a similar program for issuing a driver license or ID card to a person who is out-of-state, out-of-country, or medically unable to go to a DMV field office.

 Through interagency agreement and this rulemaking, DMV and DOC have established a program for issuing a driver license or ID card to an offender prior to his or her release from custody. DMV proposes to adopt OAR 735-001-0062 to authorize eligible offenders to obtain either a driver license or an ID card using a photo on file with DMV. Proposed OAR 735-001-0062 also outlines eligibility requirements, application requirements, and the requirements when an offender renews or replaces a driver license or ID card issued pursuant to this rule.

Rules Coordinator: Janet R. Worley

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

Telephone: (503) 945-0933


Department of Environmental Quality, Chapter 340

Rule Caption: Onsite septic system program (Clean Streams).

Date: Time: Location:

10-16-12  3 p.m. DEQ  221 Stewart, Suite 201  Medford, OR 97501

10-17-12 3 p.m. DEQ, Willamette Conf. Rm.  165 East 7th Ave.  Eugene, OR 97401

10-18-12 3 p.m. DEQ, EQC A 10th Flr.  811 SW 6th Ave.  Portland, OR 97204

Hearing Officer: DEQ Staff

Stat. Auth.: ORS 454.615, 454.625, 468.020 & 468.065(2)

Stats. Implemented: ORS 197.180, 454.605–454.745, 468.065 & 468B.050

Proposed Amendments: 340-018-0030, 340-071-0100, 340-071-0130, 340-071-0131, 340-071-0140, 340-071-0150, 340-071-0160, 340-071-0162, 340-071-0205, 340-071-0220, 340-071-0275, 340-071-0290, 340-071-0295, 340-071-0345, 340-071-0400, 340-071-0650

Proposed Repeals: 340-071-0270

Last Date for Comment: 10-19-12, 5 p.m.

Summary: The proposed rules would amend Onsite program rules to:

 Require the submittal of septic system inspection reports at the time of property transfer. Upon receipt of a complete report, DEQ will issue a Certificate of Acceptance.

 Implement 2011 legislatively-approved fees, such as land use sign-off fees.

 Implement changes to alternative treatment technologies (ATT) product approval, based on recommendations by the 2009 onsite advisory committee. This includes establishing that the products meet performance standards in the field and better track system installations.

 Newly permitted sand filters and pressurized distribution must have a service maintenance contract and ongoing maintenance similar to ATT systems.

 Streamline rules to make it easier for the public to comply

 Correct errors in the rules and update some sections to contemporary rule standards

 Add expiration dates to site evaluation reports to ease the burden of local agents to honor old site evaluations that are difficult to locate due to mature landscaping, addition or subtraction of structures such as fences. Also remove site evaluation confirmation fees from the rules as the anticipated efficiencies were not realized and very few were submitted.

 Remove ETA systems from the rules as they were targeted for use in Jackson County and were not as successful as sand filters, so they haven’t been permitted in decades.

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: Adoption of Attorney General’s Model Rules Effective January 1, 2012.

Stat. Auth.: ORS 183.341 & 409.050

Stats. Implemented: ORS 183.341 & 409.050

Proposed Amendments: 407-001-0000

Last Date for Comment: 10-22-12, 5 p.m.

Summary: The Department of Human Services is amending the model rules of procedure to adopt the Attorney General Model Rules applicable to rulemaking, effective on January 1, 2012.

 Proposed rules are available on the DHS Website: http://www.oregon.gov/DHS/admin/dwssrules/index.shtml

 For hardcopy requests, call: (503) 947-5250.

Rules Coordinator: Jennifer Bittel

Address: Department of Human Services, Administrative Services Division and Director’s Office, 500 Summer St. NE, Salem, OR 97301

Telephone: (503) 947-5250


 

Rule Caption: Amendment to Update Office Name in Definitions.

Stat. Auth.: ORS 409.050 & 430.041

Stats. Implemented: ORS 430.041

Proposed Amendments: 407-045-0610

Last Date for Comment: 10-22-12, 5 p.m.

Summary: The definition, “Office of Investigations and Training,” is being amended to reflect the new office name “Office of Adult Abuse Prevention and Investigations” in the rules for notice and review of substantiated abuse or neglect in 24-hour residential care for children with developmental disabilities.

 Proposed rules are available on the DHS Website: http://www.oregon.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 Public Safety Standards and Training, Chapter 259

Rule Caption: Clarify discretionary disqualifier language; Remove comments.

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

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

Proposed Amendments: 259-008-0070

Last Date for Comment: 10-22-12, Close of Business

Summary: A recent Administrative Law Judge decision interpreted the discretionary disqualifying language for criminal justice disciplines in a manner that is inconsistent with the statutory authority or intent of the Department policy committees and Board. The language has been changed to clearly indicate that it is the conduct engaged in by the public safety professional or instructor that is reviewed by the policy committees; not simply convictions.

 In addition, questions have been raised about the intent of the rules “comment” language. Legal counsel has advised that these comments, which were adopted with a goal of adding clarity, be removed as they are only creating confusion.

Rules Coordinator: Linsay Hale

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

Telephone: (503) 378-2431


 

Rule Caption: Add judicial security personnel, liquor enforcement inspectors and humane investigators to definitions; Update police officer.

Stat. Auth.: ORS 181.640

Stats. Implemented: ORS 181.640

Proposed Amendments: 259-008-0005

Last Date for Comment: 10-22-12, Close of Business

Summary: The 2012 legislative session saw a number of changes to the criminal justice definitions. This proposed rule update synchronizes the definitions found in administrative rule with the definitions found in statute. HB 4163 adds judicial security officer to the definition of “law enforcement unit” and “police officer.” SB 1528 adds liquor enforcement inspectors to the definition of “law enforcement unit,” “police officer” and “public safety personnel.” HB 4021 adds humane investigation agencies to the definition of “law enforcement unit” and individuals commissioned as humane investigators to the definition of “police officer.” Finally, the definition of “police officer” is changed to reflect a legislative housekeeping change to clarify the changes made to the definition in the 2011 legislative session.

Rules Coordinator: Linsay Hale

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

Telephone: (503) 378-2431


Department of State Lands, Chapter 141

Rule Caption: Modification of Land Sale Appraisal Procedures for Properties with an Estimated Value Less than $100,000.

Date: Time: Location:

10-18-12  10 a.m. 775 Summer St.NE  Salem, OR 97301

Hearing Officer: John Russell

Stat. Auth.: ORS 183 re: administrative procedures & rules of state agencies; ORS 273 re: the creation & general powers of the L& Board; ORS 274 re: submerged & submersible l&.

Other Auth.: Oregon Constitution, Article VIII, Section 5

Stats. Implemented: ORS 273 & 274

Proposed Amendments: 141-067-0310

Last Date for Comment: 10-31-12, 5 p.m.

Summary: The 2012 Real Estate Asset Management Plan identifies the strategy of disposing of lower performing property and reinvesting in higher performing property. The Department owns a number of low potential sale properties that are worth less than $100,000. The average cost of preparing a non-timbered parcel for sale ranges from $2,000 to $2,500 and includes cultural survey, endangered species study and appraisal. Appraisals typically make up 75-80% of these costs. With low-valued parcels, the cost of the due diligence studies added to the market estimate of the property can raise the price of the property beyond its market appeal. The Land Board authorized staff to investigate this rules changes at its meeting of December 13, 2011.

 The Department proposes to amend the rules to allow in-house summary appraisals that would not meet Uniform Standards of Professional Appraisal Practice (USPAP) standards, as is allowed under ORS 674.100. The appraisal would include a brief description of the property, highest and best use conclusion, sales comparison approach, based on area sales and value conclusion. The rules change would be consistent with DAS rules for disposal of parcels of less than or equal to $100,000 (OAR 125-045-0215). The new rules allow a “desk appraisal” or a “letter opinion of value”, and provide descriptions of the content of a desk appraisal and a letter opinion of value. The rules affecting appraisals of properties valued greater than $100,000 would not be impacted by this rules change.

Rules Coordinator: Tiana Teeters

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: DMV/DOC Program for Providing Offenders Driver License or Identification Card Before Release.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 802.087 & 807.110

Stats. Implemented: ORS 802.087

Proposed Adoptions: 735-001-0062

Last Date for Comment: 11-13-12, Close of Business

Summary: ORS 802.087 requires the Department of Transportation (DMV) and the Department of Corrections (DOC) to work together to assist offenders in obtaining a driver license or identification (ID) card prior to an offender’s release from custody. The aim of this program is for an offender to have state-issued photo ID at the time of release to remove a significant barrier to successful reentry into local communities. DMV and DOC completed a feasibility study looking at various options for issuance. The study evaluated the costs of the options and security concerns both for DMV and DOC along with how many offenders might be issued a driver license or ID card under each option. It was determined that the most efficient and effective method is to issue a driver license (replacement or renewal) or an ID card using the offender’s last photo on file with DMV. DMV has a similar program for issuing a driver license or ID card to a person who is out-of-state, out-of-country, or medically unable to go to a DMV field office.

 Through interagency agreement and this rulemaking, DMV and DOC have established a program for issuing a driver license or ID card to an offender prior to his or her release from custody. DMV proposes to adopt OAR 735-001-0062 to authorize eligible offenders to obtain either a driver license or an ID card using a photo on file with DMV. Proposed OAR 735-001-0062 also outlines eligibility requirements, application requirements, and the requirements when an offender renews or replaces a driver license or ID card issued pursuant to this rule.

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171


 

Rule Caption: Increases fee for the Vehicle Code Book; deletes reference to DMV Administrative Rules Handbook.

Stat. Auth.: ORS 184.616, 184.619, 192.440, 802.010 & 802.050

Stats. Implemented: ORS 802.050

Proposed Amendments: 735-012-0000

Last Date for Comment: 10-22-12, Close of Business

Summary: Pursuant to ORS 802.050, DMV publishes a biennial compilation of Oregon motor vehicle laws (Vehicle Code Book) for distribution to the public. The fee collected for the Vehicle Code Book is calculated to cover DMV’s costs to compile, publish and distribute the publication. Due to an increase in costs, DMV is increasing from $5 to $7, the fee collected for each book sold to cover DMV’s costs and to avoid a loss of revenues to the State Highway Fund. DMV must recoup its costs to avoid a violation of Article IX, section 3a of the Oregon Constitution. The fee charged for the Vehicle Code Book has not changed since 1991.

 Due to lack of demand, DMV no longer produces the DMV Administrative Rules Handbook; consequently, reference to the handbook is deleted. Other non-substantive changes improve readability.

 In July, 2012 DMV filed a temporary amendment of OAR 735-012-0000 because there was not enough time to complete the permanent rulemaking process to coincide with the July 19, 2012 distribution date for the new 2011-2012 Vehicle Code Book. DMV now proposes to permanently amend OAR 735-012-0000.

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171


 

Rule Caption: Possibility of Early Reinstatement When False Act Made Oneself Appear Old Enough to Buy Alcohol.

Stat. Auth.: ORS 184.616, 184.619, 802.010 & 2012 OL Ch. 14

Stats. Implemented: ORS 809.310, 809.320 & 2012 OL Ch. 14

Proposed Adoptions: 735-070-0006

Last Date for Comment: 10-22-12, Close of Business

Summary: ORS 809.415 authorizes DMV to suspend for one year the driving privileges of a person who has provided false information or committed false swearing when applying for driving privileges or an ID card. Chapter 14, Oregon Laws 2012 (HB 4043) allows DMV to end the suspension and reinstate a person’s driving privileges before the end of the one-year suspension period if DMV determines the person gave false information or committed false swearing to obtain false identification solely for the purpose of acquiring alcohol or entering licensed premises prohibited to minors when the person was under the age of 21. The person must also pay a reinstatement fee. These proposed rules establish the process for requesting an administrative review and adopt the criteria for DMV’s determination.

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171


Department of Transportation, Highway Division, Chapter 734

Rule Caption: Prequalification for Bidding Highway and Bridge Construction; Contractor Performance Evaluations.

Date: Time: Location:

10-17-12  2:30 p.m. ODOT, Salem Materials Lab,  Large Conference Rm.  800 Airport Rd.  Salem, OR

Hearing Officer: Staff

Stat. Auth.: ORS 184.616, 184.619, 279A.050, 279A.065 & 279C.430

Stats. Implemented: ORS 279C.430

Proposed Amendments: 734-010-0220, 734-010-0290, 734-010-0300, 734-010-0320, 734-010-0330, 734-010-0340, 734-010-0350, 734-010-0380

Proposed Repeals: 734-010-0310, 734-010-0370

Last Date for Comment: 10-22-12, Close of Business

Summary: The large majority of contractors doing business with ODOT provide quality service and good value to Oregonians. However, ODOT’s current evaluation and scoring procedure does not sufficiently identify the small number of contractors with records of poor performance or provide sufficient incentives to improve contractor performance. Under the current evaluation process, ODOT has little ability to identify contractors with poor records of workmanship, regulatory compliance or project delivery and either work with them to improve their performance or ensure that only the highest-quality, most conscientious contractors are allowed to bid on ODOT’s projects. For example in June 2009, while only two contractors had evaluation scores below 90% under the current evaluation and scoring scheme, ODOT had direct experience with poor contractor performance on certain projects. After protected and expensive disputes, some resulting in litigation, it was discovered that the evaluation process currently in use, concealed long-standing records of poor performance on other ODOT public improvement projects. If there had been a more sensitive, accurate tool for evaluating contractor performance, these problems and the expense and delay to the public, could have likely been avoided.

 This proposal has been a joint effort between ODOT and industry for working side-by-side to improve project delivery, while moving Oregon forward to improve the state’s business climate. It is also a demonstration of ODOT and industry working together to accept accountability while identifying solutions for addressing future problems.

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171


 

Rule Caption: Reduces certain business license fees; adds new category for digital billboard applications.

Stat. Auth.: ORS 184.616, 184.619, 377.725 & 377.729

Stats. Implemented: ORS 377.730 & 377.831

Proposed Amendments: 734-059-0100

Last Date for Comment: 10-22-12, Close of Business

Summary: The Outdoor Advertising Program is addressing two different needs by amending its fee rule:

 1. By reducing the annual Business License fee for those owning only one state sign permit small businesses benefit economically.

 2. The 2011 passage of SB 639 allows digital billboards visible to state highways. This amendment establishes three different categories for digital application fees by the square footage of the display face. Currently the application fee is the same as static sign applications.

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171


Landscape Architect Board, Chapter 804

Rule Caption: Address Changes in the National Landscape Architect Registration Examination (LARE) & Associated Housekeeping Updates.

Date: Time: Location:

10-24-12  9 a.m. Association Center   Conference Rm. A  707 13th St. SE  Salem, OR

Hearing Officer: Christine Valentine

Stat. Auth.: ORS 671.335, 671.415 for division 10 & 20 rules, 671.365, 671.415 for division 40 rule

Stats. Implemented: ORS 671.335 for division 10, 20 & 40 rules

Proposed Amendments: 804-010-0000, 804-020-0001, 804-020-0003, 804-020-0010, 804-020-0015, 804-020-0030, 804-020-0040, 804-020-0045, 804-020-0065, 804-040-0000

Last Date for Comment: 10-24-12, Close of Business

Summary: Amendments to rules 804-010-0000, 804-020-0001, 804-020-0003, 804-020-0010, 804-020-0015, 804-020-0030, 804-020-0040, 804-020-0045, 804-020-0065, 804-040-0000 are designed to update Board rules addressing qualifications and procedures related to the national Landscape Architect Registration Examination (LARE). The primary driver for the amendments is to ensure Board rules are updated to reflect changes in the national examination structure, registration processes, and administration as put in place by the Council of Landscape Architectural Registration Boards (CLARB) after the June 2012 examinations and which will be phased in starting with fall and winter 2012 examinations and fully in place for 2013 examinations. The Board is also taking this opportunity to make housekeeping changes to these rules to better clarify language or otherwise improve readability of the rules. The Board is not proposing changes in how candidates qualify to sit for examinations or the types of Board approvals required for candidates seeking to register for examination sections. The Board is not adding any additional examinations to licensure requirements. The Board is proposing to give candidates additional time to submit requests for Board approvals compared to status quo rules. The Board’s fee rule (804-040-0000) is included for amendment but not to increase a fee or add a fee. The fee rule will be revised to clarify that examination candidates send payment for examinations directly to CLARB instead of to the Board. The Board previously collected examination fees and passed those to CLARB with examination orders. The Board will no longer be involved in the collection of examination fees or other aspects of examination administration.

Rules Coordinator: Christine Valentine

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

Telephone: (503) 589-0093


Oregon Business Development Department, Chapter 123

Rule Caption: The temporary OBDF rules are being amended to include the BOOST program and become permanent.

Stat. Auth.: ORS 285A.075

Other Auth.: ORS 285B.050–285B.098 & 408.225

Stats. Implemented: ORS 295B.050–295B.098 & 408.225

Proposed Amendments: 123-017-0080

Proposed Repeals: 123-017-0080(T)

Last Date for Comment: 10-21-12, Close of Business

Summary: In the 2011 Legislative Session, HB 2919 was passed to allow the Business Opportunity for Oregon Small Business Today Account (BOOST) to grant funds to businesses who employ veterans as new full time employees.

 This filing will make the current temporary rule permanent.

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: Reduces fee charged to private career schools for criminal background checks.

Stat. Auth.: ORS 345.020

Stats. Implemented: ORS 345.030

Proposed Amendments: 581-045-0003

Last Date for Comment: 11-15-12, 5 p.m.

Summary: Changes fees charged by Department of Education for processing criminal background checks for private career schools. The overall fee is being reduced from $62 to $59 to reflect a change in the fee charged by the FBI to the Department.

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


Oregon Health Authority, Addictions and Mental Health Division: Mental Health Services, Chapter 309

Rule Caption: Medicaid Payment for Rehabilitative Mental Health Services.

Date: Time: Location:

10-23-12  2 p.m. Human Services Bldg.  500 Summer St. NE, Rm. 137B  Salem, OR 97301

Hearing Officer: Donna J Smith

Stat. Auth.: ORS 413.042 & 430.640

Other Auth.: Department of Health & Human Services Transmittal Number 10-012 may be accessed by contacting the Addictions & Mental Health Medicaid Unit at 503/945-9719.

Stats. Implemented: ORS 413.042, 414.025, 414.065, 430.640, 430.705 & 430.715

Proposed Adoptions: 309-016-0726, 309-016-0727, 309-016-0728, 309-016-0729, 309-016-0760, 309-016-0765, 309-016-0770, 309-016-0775, 309-016-0780, 309-016-0800, 309-016-0805, 309-016-0810. 309-016-0815, 309-016-0820

Proposed Amendments: 309-016-0600, 309-016-0605, 309-016-0630, 309-016-0680

Proposed Repeals: 309-016-0600(T), 309-016-0605(T), 309-016-0630(T), 309-016-0680(T), 309-016-0726(T), 309-016-0727(T), 309-016-0728(T), 309-016-0729(T), 309-016-0760(T), 309-016-0765(T), 309-016-0770(T), 309-016-0775(T), 309-016-0780(T), 309-016-0800(T), 309-016-0805(T), 309-016-0810(T), 309-016-0815(T), 309-016-0820(T)

Last Date for Comment: 10-29-12, Close of Business

Summary: These rules specify standards for authorized reimbursement of Medicaid or State Children’s Health Plan funded addictions and mental health services and supports. This includes payments for community-based services as well as those payments made for acute inpatient services, habilitation services and alcohol and drug residential treatment services.

Rules Coordinator: Nola Russell

Address: Oregon Health Authority, Addictions and Mental Health Division: Mental Health Services, 500 Summer St. NE, E86, Salem, OR 97301-1118

Telephone: (503) 945-7652


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

Rule Caption: Encounter Data Submission Requirements of Coordinated Care Organizations to Provide Care for Medical Assistance Recipients.

Date: Time: Location:

10-16-12  10:30 a.m. 500 Summer St. NE, Rm. 137C  Salem, OR 97301

Hearing Officer: Cheryl Peters

Stat. Auth.: ORS 414.032, 414,615, 414,635 & 414.651

Stats. Implemented: ORS 414.610-685

Proposed Adoptions: 410-141-3430

Last Date for Comment: 10-18-12, 5 p.m.

Summary: This rule establishes encounter submission requirements and standards for Coordinated Care Organizations (CCO) to implement Oregon’s Integrated and Coordinated Health Care Delivery System. CCOs will improve health, increase the quality, reliability, availability and continuity of care, as well as to reduce costs. CCOs will provide medical assistance recipients with health care services that are supported by alternative payment methodologies that focus on prevention and that use patient-centered primary care homes, evidence-based practices and health information technology to improve health and reduce health disparities. The Authority needs to adopt this rule to comply with federal standards and to align with the CCO contract language around performance standards. CCOs will begin operating on August 1, 2012, and this rule needs to be in effect before that operation date.

Rules Coordinator: Cheryl Peters

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

Telephone: (503) 945-6527


 

Rule Caption: Include use of CCOs where PHP is used as well as some readability revisions.

Date: Time: Location:

10-16-12  10:30 a.m. 500 Summer St. NE, Rm. 137C  Salem, OR 97301

Hearing Officer: Cheryl Peters

Stat. Auth.: ORS 183.341, 413.042 & 414.065

Stats. Implemented: ORS 183.411–183.470, 414.019, 414.025, 414.033, 414.041, 414.047,414.055, 414.065, 414.085, 414.095, 414.115, 414.125, 414.135, 414.145, 414.705, 414.706, 414.707, 414.708, 414.710, 414.727, 414.728, 414.740, 414.742,414,743 & 409.010

Proposed Amendments: 410-120-0000, 410-120-0030, 410-120-0045, 410-120-1140, 410-120-1160, 410-120-1180, 410-120-1210, 410-120-1230, 410-120-1280, 410-120-1295, 410-120-1320, 410-120-1340, 410-120-1560, 410-120-1570, 410-120-1580, 410-120-1600, 410-120-1860, 410-120-1880

Proposed Repeals: 410-120-1340(T)

Last Date for Comment: 10-18-12, 5 p.m.

Summary: The General Rules administrative rules govern Division payments for services to clients. The Division implemented Coordinated Care Organizations and promulgated rules effective August 1, 2012. The revisions to the General rules are to incorporate CCO wherever PHP’s are currently referenced in order to be consistent with chapter 410 division 141 rules. There are also some non-substantive readability revisions that do not change any of the intent of the current rule.

Rules Coordinator: Cheryl Peters

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

Telephone: (503) 945-6527


 

Rule Caption: Align with OAR chapter 461, division 155 medical eligibility rules.

Date: Time: Location:

10-16-12  10:30 a.m. 500 Summer St. NE, Rm. 137C  Salem, OR 97301

Hearing Officer: Cheryl Peters

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 413.042 & 414.065

Proposed Amendments: 410-120-0006

Last Date for Comment: 10-18-12, 5 p.m.

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

Rules Coordinator: Cheryl Peters

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

Telephone: (503) 945-6527


 

Rule Caption: Amendments to Definitions and General Administration in Health Insurers’ Tax Rules.

Stat. Auth.: ORS 410.070, 411.060 & 413.042

Stats. Implemented: OL 2003, Ch. 736 §37 & 38 & 2009 HB 2116

Proposed Amendments: 410-050-0100, 410-050-0110

Proposed Repeals: 410-050-0100(T), 410-050-0110(T)

Last Date for Comment: 10-22-12, 5 p.m.

Summary: The “definitions” and “general administration” rules for the Health Insurers’ tax rules are being amended to make housekeeping changes, update references to standard naming conventions, and include Coordinated Care Organizations (CCO) because they are subject to the health insurers’ tax. Adoption of these rules will repeal temporary rules currently in effect through December 27, 2012.

 Proposed rules are available on the DHS Website: http://www.oregon.gov/DHS/admin/dwssrules/index.shtml

 For hardcopy requests, call: (503) 947-5250.

Rules Coordinator: Cheryl Peters

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

Telephone: (503) 945-6527


Oregon Health Authority, Public Health Division, Chapter 333

Rule Caption: Update definitions and references in the trauma rules and update exhibits 2 through 4.

Date: Time: Location:

10-25-12  1 p.m. Portland State Office Bldg.  800 NE Oregon St., Rm. 1D  Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 431.611

Stats. Implemented: ORS 431.609, 431.611 & 431.627

Proposed Amendments: 333-200-0010, 333-200-0020, 333-200-0080, 333-200-0090

Last Date for Comment: 10-26-12, 5 p.m.

Summary: The Oregon Health Authority, Public Health Division is proposing to permanently amend Exhibits 2, 3 and 4 of Oregon Administrative Rules relating to the Emergency Medical Services and Trauma Systems Program. These exhibits have been updated to align with the 2006 guidelines of the American College of Surgeons (ACS), Committee on Trauma – Resources for the Optimal Care of the Injured Patient. Applicable references have been updated in the OARs as well as the definitions.

 The Public Health Division is responsible for the development of a comprehensive statewide trauma system, which includes the development of state trauma objectives and standards, hospital designation and the criteria and procedures utilized in designating hospitals. The 2006 ACS guidelines seek to improve the care of injured patients and define the resources needed at designated hospitals to provide optimal care.

Rules Coordinator: Brittany Sande

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

Telephone: (971) 673-1291


 

Rule Caption: Amendment of State Public Health Laboratory test fees.

Stat. Auth.: ORS 431.310

Stats. Implemented: ORS 431.310

Proposed Amendments: 333-024-0240

Proposed Repeals: 333-024-0241

Last Date for Comment: 10-22-12, 5 p.m.

Summary: The Oregon Health Authority, Public Health Division, Oregon State Public Health Laboratory is proposing to permanently amend and repeal administrative rules in chapter 333, division 24. The proposed amendment of OAR 333-024-0240 will amend State Public Health Laboratory test fees to align them with the July 2012 Division of Medical Assistance Programs (DMAP) Fee for Service Fee Schedule, with the proposed fee changes becoming effective November 1, 2012. OAR 333-024-0241 is being repealed as it pertains to effective dates of rules and is no longer necessary since that information is provided in the history line of each rule.

Rules Coordinator: Brittany Sande

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

Telephone: (971) 673-1291


Oregon Liquor Control Commission, Chapter 845

Rule Caption: Remove outdated language and clarify accepted payment processes at retail liquor stores.

Date: Time: Location:

10-24-12  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 471.740 & 471.750(1)

Proposed Amendments: 845-015-0170

Last Date for Comment: 11-7-12, 5 p.m.

Summary: This rule describes the accepted processes by which retail sales agents may receive payment for distilled spirits and related items. Staff recommends deletion of outdated language regarding the use of check guarantee cards in what will now be subsection (2)(d). With the shift to debit and credit cards as the prevalent form of payment by consumers, check guarantee cards are no longer in use. Also related to personal checks, staff recommends the deletion of section (6) and replacing it instead with additional language in section (5) to both make it clear that the option to not accept personal checks applies to non-licensees, and to clarify the Commission’s current practice of collecting payment from retail sales agents for any uncollected checks from a non-licensee. While rulemaking is open on this matter, staff also recommends deletion of outdated language regarding the acceptance of Canadian currency in subsection (2)(c), as well as amending what will now be subsection (2)(e) to better reflect the Commission’s existing policy on the acceptance of debit and credit cards from non-licensees – that it is only optional for non-exclusive retail sales agents.

Rules Coordinator: Jennifer Huntsman

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

Telephone: (503) 872-5004


 

Rule Caption: Make violations for permitting serious disorderly/unlawful activities such as shooting someone a Category I.

Date: Time: Location:

10-23-12  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 471.315 & 471.425(2)

Proposed Amendments: 845-006-0347

Last Date for Comment: 11-6-12, 5 p.m.

Summary: This rule contains prohibitions on a permittee or licensee permitting noisy, disorderly or unlawful activities on a licensed premises, defines those terms, and lists penalties for violating various sections of the rule. Currently, violations for disorderly or unlawful activity under this rule are all Category III violations. Staff recommends creating a new subset of Category I violations involving death, serious physical injury, use of deadly weapons, or Class A felony sex offenses. These new violation levels would be added to both section (2) covering disorderly activity and section (3) covering unlawful activity. The applicable definitions would also be added to section (1). The proposed definitions of “deadly weapon” and “serious physical injury” are taken from Oregon’s Criminal Code (Title 16).

Rules Coordinator: Jennifer Huntsman

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

Telephone: (503) 872-5004


Oregon Medical Board, Chapter 847

Rule Caption: Require all Emergency Medical (First) Responders to have signed standing orders from a medical director.

Date: Time: Location:

11-16-12  8 a.m. 1500 SW 1st Ave., Suite 620  Portland, OR 97210

Hearing Officer: Nicole Krishnaswami

Stat. Auth.: ORS 682.245

Stats. Implemented: ORS 682.245

Proposed Amendments: 847-035-0030

Last Date for Comment: 11-21-12, Close of Business

Summary: Proposed rule amendment will require all Emergency Medical Responders (formerly First Responders) to have standing orders from an approved supervising physician (agency medical director). Therefore, the category of Emergency Medical Responders without standing orders will be eliminated by this proposed rule amendment; there will be no scope of practice that an Emergency Medical Responder can perform without standing orders. The former scope of practice for these Emergency Medical Responders will now be included within the scope of practice for Emergency Medical Responders with standing orders. Proposed rule amendment also makes changes to the EMT scope of practice by adding “intramuscular injection” of epinephrine and removing the subsection related to the release of chemical warfare agents from the Umatilla Army Depot.

Rules Coordinator: Nicole Krishnaswami

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

Telephone: (971) 673-2667


Oregon State Lottery, Chapter 177

Rule Caption: Makes set prize funding source percentages for Powerball and Power Play consistent.

Date: Time: Location:

10-15-12  2 p.m. Lottery Headquarters  500 Airport Rd. SE  Salem, OR 97301

Hearing Officer: Larry Trott

Stat. Auth.: ORS Chapter 461

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

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

Proposed Amendments: 177-085-0065

Last Date for Comment: 10-15-12, 2:30 p.m.

Summary: In the Powerball game, when the money available to fund set prizes is not sufficient and the prizes become pari-mutuel, the funding sources are divided among the winning plays in proportion to their respective prize percentages. The proposed rulemaking, and the temporary rule, makes these percentages the same for Powerball and Power Play set prizes when they become pari-mutuel under these circumstances. These changes are necessary to implement changes to the Powerball game rules made by the national organization that administers the multi-state Powerball game, and are effective immediately.

Rules Coordinator: Mark W. Hohlt

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

Telephone: (503) 540-1417


 

Rule Caption: Adopts application waiting period; authorizes selection process; clarifies rules for placement of Video Lottery terminals.

Date: Time: Location:

10-18-12  2 p.m. OR State Lottery Headquarters  500 Airport Rd. SE  Salem, OR 97301

Hearing Officer: Larry Trott

Stat. Auth.: ORS 461

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

Stats. Implemented: ORS 461.300 & 461.200

Proposed Amendments: 177-040-0017, 177-045-0000, 177-045-0010, 177-045-0030

Last Date for Comment: 10-18-12, 3 p.m.

Summary: The Oregon State Lottery has initiated permanent rule making to clarify its rules concerning placement of Video Lottery game terminals by: Consolidating related rules into Division 45; more clearly defining terms used in the rules; and clarifying the requirements for placement of Video Lottery game terminals, including additionally specifying that Video Lottery game terminals will not be placed in a business or premises if this would create a concentration of Video Lottery retailers.

 In addition, Lottery proposes to adopt a requirement that an applicant for a Video Lottery retailer contract establish the viability of the business by continuously operating for 90 days prior to applying for a Video Lottery retailer contract.

 Lottery also proposes to authorize a selection process if more than one applicant applies for a Video Lottery retailer contract and this would create a concentration of Video Lottery retailers at that location.

 Lottery also proposes to consolidate the current language of OAR 177-040-0017 into OAR 177-045-0030; to amend OAR 177-045-0000 to add definitions of terms used within the Division 45 rules; to amend OAR 177-045-0010 with minor edits; and to amend OAR 177-045-0030 to clarify current requirements and specify new requirements related to placement of Video Lottery game terminals.

 Lottery is also proposing to amend OAR 177-045-0030 to specify when the amendments to this rule apply to applicants and to existing Lottery retailers.

Rules Coordinator: Mark W. Hohlt

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

Telephone: (503) 540-1417


Racing Commission, Chapter 462

Rule Caption: Amends administrative rules to provide direction regarding the use of the drug Clenbuterol.

Date: Time: Location:

10-18-12  1 p.m. 800 NE Oregon St., Rm. 1A  Portland, OR 97232

Hearing Officer: Staff

Stat. Auth.: ORS 462.270(3)

Stats. Implemented: ORS 462.270 & 462.415

Proposed Amendments: 462-160-0130

Last Date for Comment: 10-18-12, Close of Hearing

Summary: 462-160-0130 (Medications and Prohibited Substances):

 Adds the following to the rule:

 (11) Clenbuterol. The use of Clenbuterol shall be permitted under the following conditions:

 (a) A test sample shall not exceed 2 picograms/milliliter (ml) of Clenbuterol in the blood or serum of all horses racing in Oregon.

Rules Coordinator: Nancy A. Artmann

Address: Oregon Racing Commission, 800 NE Oregon St., Suite 310, Portland, OR 97232

Telephone: (971) 673-0211


Secretary of State, Audits Division, Chapter 162

Rule Caption: Factors for deciding whether to audit a school district or education service district.

Stat. Auth.: ORS 297

Stats. Implemented: ORS 297.210

Proposed Adoptions: 162-050-0020

Last Date for Comment: 10-22-12, Close of Business

Summary: Adopts rule 165-050-0020, which identifies factors to be used by the Secretary of State Audits Division when deciding whether to initiate a financial audit or a performance audit of a school district or education service district.

Rules Coordinator: Julie A. Sparks

Address: Secretary of State, Audits Division, 255 Capitol St. NE, Suite 500, Salem, OR 97310

Telephone: (503) 986-2262


Secretary of State, Elections Division, Chapter 165

Rule Caption: Adjusting terms of office for Cammann Special Road District in Coos County.

Stat. Auth.: ORS 246.150, 255.325

Stats. Implemented: ORS 255.335

Proposed Adoptions: 165-020-0440

Last Date for Comment: 10-23-12, Close of Business

Summary: This proposed rule adjusts the terms of office of the district board of commissioners for the Cammann Special Road District, a special district formed in Coos County at the May 18, 2010, Primary Election. The terms must be adjusted to provide for future election in May of odd-numbered years, as provided in ORS 255.335

Rules Coordinator: Brenda Bayes

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

Telephone: (503) 986-1518

 

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 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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