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Oregon Bulletin

October 1, 2013

 

NOTICES OF PROPOSED RULEMAKING AND
PROPOSED RULEMAKING HEARINGS

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

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

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

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

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


Appraiser Certification and Licensure Board, Chapter 161

Rule Caption: 2013–2015 biennium budget, and changes regarding 2014–2015 Edition of USPAP, and Out-of-State credential applications

Date:   Time:   Location:

10-28-13    9 a.m.   3000 Market St. NE, Suite 541      Salem, OR

Hearing Officer: Daneene Fry

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.), & Federal Dodd-Frank Wall Street Reform & Consumer Protection Act (H.R. 4173) of 2010.

Stats. Implemented: ORS 674

Proposed Amendments: 161-002-0000, 161-006-0025, 161-010-0080, 161-015-0025, 161-015-0030, 161-025-0060

Proposed Repeals: 161-050-0050, 161-006-0025(T), 161-010-0080(T), 161-015-0025(T), 161-015-0030(T)

Last Date for Comment: 10-28-13, Close of Hearing

Summary: Amends Oregon Administrative Rule 161, Division 002, Rule 0000 regarding Definitions; Division 006, Rule 0025 regarding the agency’s budget; Division 010, Rule 0080 regarding appraiser assistant registration; Division 015, Rule 0025 regarding application from out-of-state credential holder, and Rule 0030 regarding submission of license or certification application; Division 025, Rule 0060 regarding appraisal standards and USPAP.

   Repeals Oregon Administrative Rule 161, Division 050, Rule 0050 regarding reciprocity.

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 Examiners for Speech-Language Pathology and Audiology, Chapter 335

Rule Caption: Permanently adopts temporary rules regarding temporary licensees, licensing fees, clinical fieldwork and professional development.

Stat. Auth.: ORS 681

Other Auth.: Enrolled SB 5526 (2013) SB 5526-A, Section 5; Effective July 1, 2013 as 2013 OL Ch. 455

Stats. Implemented: ORS 681.260, 681.285, 681.320, 681.340, 681.360, 681.370, 681.375, 681.420 & 681.460

Proposed Adoptions: 335-085-0010

Proposed Amendments: 335-060-0005, 335-060-0006, 335-060-0010, 335-070-0020, 335-070-0050, 335-070-0080, 335-095-0010, 335-095-0030

Last Date for Comment: 10-28-13, 5 p.m.

Summary: Implements fee schedule changes approved by the 2013 Legislature as part of the 2013–15 budget for the Board of Examiners for Speech-Language Pathology & Audiology, already effective via temporary rules filed on June 28, 2013.

   Implements temporary licenses for specific purposes, as authorized in ORS 681.285 by the 2011 Legislature, already effective via temporary rules filed on June 28 and September 13, 2013.

   Clarifies waiver of initial professional development for SLPs to include the 12 months following completion of the supervised clinical experience, already effective via temporary rules filed on May 17, 2013.

   Clarifies that fees in 335-060-0010(1) may be charged to applicants and current licensees, already effective via temporary rules filed on May 17, 2013.

   Removes rule requiring Board to charge a delinquent fee for late submission of requests for special approval of professional development, already effective via temporary rules filed on May 17, 2013.

   Adds failure to report all required hours of speech-language pathology assistant supervision upon audit as a justification for Board to issue delinquent fee, already effective via temporary rules filed on May 17, 2013.

   Clarifies certain definitions of accepted professional development activities, already effective via temporary rules filed on May 17, 2013.

   Reinstates pro-rating of professional development hours required for initial license renewal, already effective via temporary rules filed on May 17, 2013.

   Revises and clarifies clinical fieldwork requirements for certification as a speech-language pathology assistant (SLPA), already effective via temporary rules filed September 13, 2013.

Rules Coordinator: Sandy Leybold

Address: Board of Examiners for Speech-Language Pathology and Audiology, 800 NE Oregon St., Suite 407, Portland, OR 97232

Telephone: (971) 673-0220


Board of Massage Therapists, Chapter 334

Rule Caption: Implement SB 387 Facility Permits, adopt new rule; clarify examination and continuing education rule

Date:   Time:   Location:

11-18-13    9 a.m.   748 Hawthorne Ave. NE      Salem, OR 97301

Hearing Officer: Kate Coffey

Stat. Auth.: ORS 687

Other Auth.: SB 387

Stats. Implemented: ORS 687.121

Proposed Adoptions: 334-010-0006

Proposed Amendments: 334-010-0005, 334-010-0010, 334-010-0033, 334-010-0050, 334-020-0005, 334-040-0010

Last Date for Comment: 11-18-13, 9 a.m.

Summary: Adopt one new rule and amend rules to implement Senate Bill 387. Clarifies examination rule requests for fees forward; clarifies continuing education rule contact hours.

Rules Coordinator: Christine West

Address: Board of Massage Therapists, 748 Hawthorne Ave. NE, Salem, OR 97301

Telephone: (503) 365-8657, ext. 302


Construction Contractors Board, Chapter 812

Rule Caption: Adopt Division 22 Rules Regarding Residential Continuing Education Requirements

Date:   Time:   Location:

10-22-13    11 a.m.   West Salem Roths IGA       Santiam Rm.      425 Glen Creek Rd. NW      Salem, OR

Hearing Officer: Rob Yorke

Stat. Auth.: ORS 670.310, 701.126 & 701.235

Other Auth.: 2013 OL Ch.718 (SB 783) & 2013 OL Ch. 300, Sec. 6

Stats. Implemented: ORS 701, 2013 OL Ch.718 (SB 783) & 2013 OL Ch. 300, Sec. 6

Proposed Adoptions: Rules in 812-022

Last Date for Comment: 10-22-13, 11 a.m.

Summary: Adopt administrative rules in Chapter 812, Division 22 to implement SB 783 (2013 Oregon Laws, Chapter 718). Adoption of proposed rules is necessary to establish and administer the new residential continuing education program under SB 783 (2013), which applies to residential contractors. Adopt rules in Division 22 to implement SB 207B, section 6 (Chapter 300 OR Laws 2013) regarding leased workers.

   • Establishes a continuing education program for residential contractors in accordance with Oregon Laws 2013 chapter 718 (SB 783).

   • Defines terms in Division 22 rules to implement SB 783 (2013).

   • Establishes the effective date to implement SB 783 (OR Laws 2013, chapter 718). Permits residential contractors that completed CORE courses under the old law to apply up to 8 hours towards the new residential continuing education requirements.

   • Establishes the exemption for residential developers from the residential continuing education requirements.

   • Establishes the minimum residential continuing education requirements.

   • Establishes the fees for courses developed by CCB.

   • Establishes exemptions from residential continuing education requirements.

   • Establishes provider approval requirements.

   • Establishes fees for provider approval.

   • Establishes surety bond to assure performance by provider. Requires providers to post a surety bond to assure payment to CCB of the $5 per student hour course fee.

   • Establishes requirements for submitting course for approval and criteria by which agency will grant (or deny) approval.

   • Establishes requirements for providers to maintain certain information in a student roster and notify agency when students have attended or completed, approved courses. .

   • Establishes requirements for contractors to notify agency of completion of non-required course hours. Contractors with less than 6 years of experience may include non-approved courses offered by approved providers for the additional 8 hours of residential continuing education required.

   • Establishes that the agency may track completion of approved course hours.

   • Establishes requirements for contractors to maintain records of continuing education for 24 months and make records available to agency for review. Provides the agency may suspend the license or refuse to renewal a license if contractor cannot prove compliance with residential continuing education requirements.

   • Establishes the requirements for inactive status during a license period or upon renewal and the amount of residential continuing education required.

   • Establishes the requirements for contractors whose license has lapsed (other than by inactive status) to complete continuing education requirements.

   • Establishes the requirements for claiming continuing education credits.

   • Establishes the requirements for continuing education for personnel who work for more than one residential contractor.

Rules Coordinator: Catherine Dixon

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

Telephone: (503) 934-2185


Department of Administrative Services, Chapter 125

Rule Caption: Repeal rule for recycling program that is no longer administered by Department of Administrative Services

Stat. Auth.: ORS 279.560 repealed by 2003 c.794 ¦ 332

Other Auth.: ORS 459.035

Stats. Implemented: ORS 279.545, 279.550 & 279.560

Proposed Repeals: 125-085-0000

Last Date for Comment: 10-16-13, 5 p.m.

Summary: Repeal OAR Chapter 125, Division 85, Recycling rules. This State Recycling Program was originally created to implement ORS 279.560 to help establish recycling programs in office buildings occupied by state agencies. ORS 279.560 was repealed by 2003 c.794 ¦ 332 and the Department of Environmental Quality now assists in development and implementation of recycling programs according to ORS 459.035.

Rules Coordinator: Janet Chambers

Address: Department of Administrative Services, 155 Cottage St. NE, Salem, OR 97301

 

Telephone: (503) 378-5522

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

Rule Caption: Exempts certain permit applications from plan review by a certified individual.

Stat. Auth.: ORS 455.030, 455.055, 455.110, 455.156, 455.467, 455.469, 455.720 & 455.730

Other Auth.: 2013 OL Ch. 528

Stats. Implemented: ORS 455.030, 455.055, 455.110, 455.150, 455.156, 455.467, 455.469, 455.720 & 455.730

Proposed Amendments: 918-020-0090, 918-098-1010

Last Date for Comment: 10-25-13, 5 p.m.

Summary: This proposed rule allows individuals employed by a municipality administering and enforcing a building inspection program to review and approve certain “simple permit” applications related to one- and two-family dwellings and plans made available under Senate Bill 582 (2013). These employees must utilize a division-approved checklist when reviewing a “simple permit” application. This rule does not create any new exemption items from review.

Rules Coordinator: Richard J. Baumann

Address: Department of Consumer and Business Services, Building Codes Division, PO Box 14470, Salem, OR 97309-0404

Telephone: (503) 373-7559


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

Rule Caption: Clarifies recently enacted exemptions from mortgage loan originator licensing for manufactured structure dealers.

Date:   Time:   Location:

11-4-13    9 a.m.   Labor and Industries Bldg.       Conference Rm. 260      350 Winter St. NE      Salem, OR 97301

Hearing Officer: TK Keen

Stat. Auth.: ORS 446.661, 446.666, 446.741

Other Auth.: 2013 OL Ch. 443, Sec.15 (Enrolled HB 3482)

Stats. Implemented: ORS 86A.203, 446.260, 446.666, 446.691, 446.696, 446.701, 446.706, 446.716, 446.726, 446.736, 446.741, 446.746, 446.748, 446.751 & 446.756

Proposed Adoptions: 441-446-0203, 441-446-0230, 441-446

Proposed Amendments: 441-446-0100, 441-446-0110, 441-446-0200, 441-446-0210, 441-446-0300

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

Summary: In 2013, the Legislature enacted House Bill 3482 which in part exempted individuals licensed as manufactured structure dealers from having to obtain a mortgage loan originator license. This proposed rulemaking activity addresses three issues with the bill that needed further clarification. First, the proposed rules would limit the exemption to one limited manufactured structure dealer licensee per park, but allow sales by full manufactured structure dealer licensees not affiliated with the limited manufactured structure dealer. Second, the proposed rules would clarify that a manufactured structure dealer may engage the services of a licensed or registered mortgage loan originator to offer or negotiate loans on the licensee’s behalf once statutory caps were met. Finally, the rules would apply the statutory caps on the number of loans a licensee may hold to loans made on or after the operative date of Oregon’s implementation of the federal S.A.F.E. Act, which was July 31, 2010.

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: Allows use of an alternate licensing application form for individuals representing issuers of securities.

Stat. Auth.: ORS 59.175

Stats. Implemented: ORS 59.165 & 59.175

Proposed Amendments: 441-175-0120

Last Date for Comment: 11-1-13, 5 p.m.

Summary: Currently, all securities salespersons, regardless of whether they are employed by a broker-dealer or represent an issuer or owner of securities must submit a complete, multi-state securities application form as part of their salesperson licensing application. The application requires more information than is likely necessary to license salespersons in Oregon who only represent an issuer or owner of securities. This proposed rulemaking activity would grant the department the flexibility to offer those salespersons representing an issuer or owner an option to use a state-specific, streamlined application form.

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, Workers’ Compensation Division, Chapter 436

Rule Caption: Amendment of rules governing workers’ compensation medical billing, medical services, and managed care organizations

Date:   Time:   Location:

10-22-13    9 a.m.   Labor & Industries Bldg.      350 Winter St. NE, Rm. F       Salem OR

Hearing Officer: Fred Bruyns

Stat. Auth.: ORS 656.726(4), 656.260 amended by SB 533, 2013 OL Ch. 179

Stats. Implemented: 656, 656.245 & 656.260 amended by SB 533 2013 OL Ch. 179 & 656.248

Proposed Amendments: 436-009-0004, 436-00-0015, 436-009-0207, 436-010-0005, 436-010-0210, 436-010-0275, 436-015-0030, 436-015-0035, 436-015-0040, 436-015-0070, 436-015-0090

Last Date for Comment: 10-25-13, Close of Business

Summary: The agency proposes to amend OAR 436-009, “Oregon Medical Fee and Payment Rules,” to:

   - Adopt the National Uniform Claim Committee’s recently published v1.1 0613 0212 NUCC 1500 Instruction Manual for the updated 02/12 1500 Claim Form that providers may elect to use starting Jan. 6, 2014.

   The agency proposes to amend OAR 436-010, “Medical Services,” to:

   - Update the definition of attending physician; and

   - Show expanded authority, under ORS 656.245 as amended by Senate Bill 533 (2013), for authorized nurse practitioners to treat injured workers and to authorize time loss.

   The agency proposes to amend OAR 436-015, “Managed Care Organizations (MCOs),” to:

   - Reflect ORS 656.260 as amended by Senate Bill 533 (2013),

    - To update a reference to authorized nurse practitioners’ authority to treat injured workers and to authorize time loss;

    - To include chiropractic physicians, who are not MCO panel members, among the types of health care providers who may continue to treat, under certain conditions, workers who have been enrolled in an MCO;

    - To prescribe the types of information MCOs must include in an annual report to the director, regarding denials and terminations of the authorization of primary care physicians, chiropractic physicians and nurse practitioners who are not members of the managed care organization, to provide compensable medical treatment; and

    - To allow the MCO to deny authorization to non-panel primary care physicians, chiropractic physicians, and authorized nurse practitioners who might otherwise qualify to continue treatment of workers after enrollment in the MCO, based upon past practices of the provider.

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: Amendment of rules governing self-insured employer groups; exemption from certain security deposit requirements

Date:   Time:   Location:

10-22-13    9 a.m.   Labor & Industries Bldg.      350 Winter St. NE, Rm. F       Salem OR

Hearing Officer: Fred Bruyns

Stat. Auth.: ORS 656.726(4)

Stats. Implemented: ORS 656.407, amended by SB 96 2013 OL Ch. 471

Proposed Amendments: 436-050-0003, 436-050-0175, 436-050-0185

Last Date for Comment: 10-25-13, Close of Business

Summary: The agency proposes to amend OAR 436-050, “Employer/Insurer Coverage Responsibility,” to reflect ORS 656.407, as amended by Senate Bill 96 (2013), which gives self-insured employer groups that are municipal or public corporations the right to apply for exemption from certain security deposit requirements.

   The agency also proposes to modify self-insured employers’ reporting requirements affecting claims with incurred losses. Currently, reports must aggregate claims with incurred costs of $10,000 or less, providing aggregate totals for total paid, outstanding reserves, total incurred losses, and number of claims, while claims exceeding $10,000 must be detailed individually. The agency proposes to increase the reporting threshold for individual claims to $13,500, effective Jan. 1. 2014, to remain consistent with reporting requirements used by the National Council on Compensation Insurance.

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: Rules governing vocational assistance to injured workers; extension of temporary disability compensation during training

Date:   Time:   Location:

10-22-13    9 a.m.   Labor & Industries Bldg.      350 Winter St. NE, Rm. F       Salem OR

Hearing Officer: Fred Bruyns

Stat. Auth.: ORS 656.340, 656.726(4)

Stats. Implemented: ORS 656.340, amended by HB 2069 2013 OL Ch. 103

Proposed Amendments: 436-120-0443

Last Date for Comment: 10-25-13, Close of Business

Summary: The agency proposes to amend OAR 436-120, “Vocational Assistance to Injured Workers,” to reflect ORS 656.340, as amended by House Bill 2069 (2013), which gives the director (of the Department of Consumer and Business Services) authority to extend temporary disability compensation during training for up to 21 months upon good cause shown by the injured worker.

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: Amending Biomass Tax Credit rules to increase application fee and clarify eligibility and application process.

Date:   Time:   Location:

10-24-13    2 p.m.   Oregon Dept. of Energy      625 Marion St. NE      Salem, OR 97301

Hearing Officer: Elizabeth Ross

Stat. Auth.: ORS 469.040, 469B.403 & 315.141

Stats. Implemented: ORS 469B.403 & 315.141

Proposed Amendments: 330-170-0010, 330-170-0020, 330-170-0030, 330-170-0040, 330-170-0050, 330-170-0060

Last Date for Comment: 10-25-13, 5 p.m.

Summary: The proposed rules for the Biomass Producer or Collector Tax Credit program provide additional details about the application contents and expectations, and clarify the eligibility of biomass feedstocks and activities. The proposed rules add clarity and transparency for applicants and assist the Oregon Department of Energy in administering the certification process. ORS 315.141(5)(b) directs the department to collect a fee not to exceed the cost of administering the program. Currently, the department is not collecting fees sufficient to recover the actual cost of the program. The proposed fee increase was explained and included in the budget approved by the legislature as part of the 2013–2015 budget process.

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

Rules Coordinator: Kathy Stuttaford

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

Telephone: (503) 373-2127


Department of Environmental Quality, Chapter 340

Rule Caption: Oregon Low Emission Vehicles, 2013 Update

Date:   Time:   Location:

10-15-13    7 p.m.   DEQ, 10th Flr., EQC A      811 SW Sixth Ave.      Portland, OR 97204

Hearing Officer: DEQ staff

Stat. Auth.: ORS 468.020, 468A.010, 468A.015, 468A.025, 468A.040 & 468A.360

Stats. Implemented: ORS 468A

Proposed Amendments: 340-257-0010, 340-257-0020, 340-257-0030, 340-257-0050, 340-257-0070, 340-257-0080, 340-257-0090, 340-257-0100, 340-257-0110, 340-257-0120

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

Summary: This proposal continues Oregon DEQ’s existing Low and Zero Emission Vehicle program by updating Oregon’s rules to match revisions adopted by California in 2012. There are two major portions of the updated rules: LEV III and ZEV 2.0.

   The LEV III rules are largely the same as the federal Tier 3 emission rules adopted in 2012. This alignment between state and federal regulations is the result of a negotiated agreement between automakers plus state and federal regulators to align requirements. Both the LEV III and Tier 3 regulations would cut fleet-average greenhouse gas emissions of new vehicles between 2017 and 2025 to half their 2008 levels. Both sets of rules also would cut smog-forming compounds approximately 70 percent.

   Adopting the LEV III rules would keep Oregon’s rules identical to California’s rules that the Clean Air Act requires of states implementing California’s vehicle emission standards. If the federal government weakens or repeals federal rules, adoption of LEV III ensures these requirements would continue to apply in Oregon.

   This proposal also updates Oregon’s existing Zero Emission Vehicle program by incorporating California’s 2012 amendments known as the ZEV 2.0 regulations. There is no equivalent federal requirement for zero emission vehicles. The ZEV 2.0 rules update existing requirements to increase the percentage of new cars and trucks that are pollution-free vehicles, such as all-electric vehicles and plug-in hybrids. The amendments also provide greater flexibility for manufacturers to choose among compliance options.

Rules Coordinator: Maggie Vandehey

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

Telephone: (503) 229-6878


Rule Caption: Onsite Program Fees and Updates

Date: Time: Location:

10-15-13 4 p.m. DEQ, 165 East 7th Ave. Willamette Rm. Eugene, OR

10-15-13 4 p.m. DEQ, 221 Stewart St. Suite 201 Medford, OR

10-15-13 4 p.m. 475 NE Bellevue, Suite 110 Bend, OR

10-15-13 4 p.m. 811 SW Sixth Ave., 10th Floor EQC A Portland, OR

10-15-13 4 p.m. 700 SE Emigrant, 1st Floor Conference Rm. Pendleton, OR

Hearing Officer: DEQ staff

Stat. Auth.: ORS 183.335, 454.615, 454.625, 468.020, 468.065, 468B.010 & 468B.020

Stats. Implemented: ORS 197.180, 454.605–454.784, 468.035–468.070 & 468B.015–468B.080

Proposed Amendments: 340-018-0030, 340-071-0110, 340-071-0115, 340-071-0120, 340-071-0130, 340-071-0135, 340-071-0140, 340-071-0150, 340-071-0155, 340-071-0160, 340-071-0162, 340-071-0165, 340-071-0170, 340-071-0205, 340-071-0215, 340-071-0220, 340-071-260, 340-071-265, 340-071-0275, 340-071-0290, 340-071-0295, 340-071-0302, 340-071-0325, 340-071-0335, 340-071-0340, 340-071-0345, 340-071-0360, 340-071-0400, 340-071-0415, 340-071-0420, 340-071-0425, 340-071-0435, 340-071-0445, 340-071-0520, 340-071-0600, 340-071-0650

Proposed Repeals: OAR 340-071-0131, 340-071-0270

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

Summary: The proposed rules would amend Onsite program rules to accomplish the following:

   • Implement 2011 and 2013 legislatively-approved fees, including establishing a land use review fee, compliance recovery fee and increases to the surcharge fee and license fees.

   • Implement changes to alternative treatment technologies, or ATT, product approval based on 2009 Onsite Advisory Committee recommendations. This includes establishing an ATT system product approval process that provides for performance testing of systems to verify they are meeting defined treatment standards in the environment and a system to track installations.

   • Require that newly permitted sand filters and pressurized distribution systems have a service contract with 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.

   • Remove the site evaluation confirmation application and fee from the rules because anticipated efficiencies were not realized and very few applications were submitted.

   • Remove evapotranspiration-absorption systems from the rules. These systems were primarily used in Jackson County and have not been as successful as sand filter systems. DEQ has not issued new permits for these systems 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, Aging and People with Disabilities and Developmental Disabilities, Chapter 411

Rule Caption: Pediatric Nursing Facilities

Date:   Time:   Location:

10-16-13    1:30 p.m.   500 Summer St. NE, Rm. 160      Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 410.070

Stats. Implemented: ORS 410.070, & OL 2011 Ch. 630

Proposed Amendments: 411-070-0452

Proposed Repeals: 411-070-0452(T)

Last Date for Comment: 10-21-13, 5 p.m.

Summary: The Department of Human Services (Department) is proposing to amend OAR 411-070-0452 for pediatric nursing facilities to make permanent the changes adopted by temporary rule that became effective on July 1, 2013.

   The proposed rule permanently updates the rebase relationship percentage that determines the rate for pediatric nursing facilities. The rebase relationship percentage was updated to 93% on July 1, 2013 to more accurately reflect the cost of services for pediatric residents.

Rules Coordinator: Christina Hartman

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

Telephone: (503) 945-6398


Rule Caption: In-Home Services

Date:   Time:   Location:

10-16-13    3 p.m.   500 Summer St. NE, Rm. 160      Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 409.050, 410.070, 410.090 & 443.725

Stats. Implemented: ORS 410.010, 410.020, 410.070, 411.802, 411.803, 443.705 & 443.725

Proposed Amendments: 411-030-0002, 411-030-0020, 411-030-0033, 411-030-0040, 411-030-0050, 411-030-0055, 411-030-0080, 411-030-0090

Proposed Repeals: 411-030-0002(T), 411-030-0020(T), 411-030-0033(T), 411-030-0040(T), 411-030-0050(T), 411-030-0055(T), 411-030-0080(T), 411-030-0090(T)

Last Date for Comment: 10-21-13, 5 p.m.

Summary: The Department of Human Services (Department) is proposing to amend the in-home services rules in OAR chapter 411, division 030 to make permanent the changes adopted by temporary rule that became effective on May 23, 2013 and July 1, 2013.

   The proposed rules:

   • Permanently redefines the meaning and modifies the scope of in-home services to expand Medicaid funded in-home service eligibility to individuals residing in relative adult foster homes;

   • Clarify that natural supports are voluntary in nature, may not be assumed, and must have the skills and abilities to perform the services needed;

   • Remove references to waivered services, as appropriate, to provide community-based services under Medicaid waivers or under the State Plan, as appropriate;

   • Clarify when an individual must designate a representative in order to be eligible to receive in-home services provided by a homecare worker and the Department’s right to approve or deny the representative selected by the individual; and

   • Reflect new Department terminology and correct formatting and punctuation.

Rules Coordinator: Christina Hartman

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

Telephone: (503) 945-6398


Department of Human Services, Child Welfare Programs, Chapter 413

Rule Caption: OARs affecting BRS programs contracting with DHS supplementing DMAP BRS program general rules.

Date:   Time:   Location:

10-15-13    10:30 a.m.   500 Summer St. NE, Rm. 137C      Salem, OR

Hearing Officer: Cheryl Peters

Stat. Auth.: ORS 181.534, 181.537, 183.355, 409.050, 411.060, 411.070, 411.116 & 418.005

Stats. Implemented: ORS 181.534, 181.537, 409.010, 409.025, 409.027, 411.060, 411.070, 411.116, 411.141, 418.005, 418.015, 418.116, 418.027, 411.070, 411.116, 411.141, 418.285, 418.312, 418.315, 418.490 & 418.495

Proposed Adoptions: 413-090-0055, 413-090-0060, 413-090-0065, 413-090-0070, 413-090-0075, 413-090-0080, 413-090-0085, 413-090-0090

Proposed Amendments: 413-010-0500

Last Date for Comment: 10-17-13, 5 p.m.

Summary: These rules are being written to standardize practice in the delivery of Behavior Rehabilitation Services in the child welfare system with other Oregon Departments who also contract for such services with BRS Contractors and BRS Providers. These rules also clarify the Placement Related Activities provided to a BRS client receiving Behavior Rehabilitation Services through a BRS Contractor or BRS Provider. These rules also outline the responsibilities of the Department for contract compliance and oversight. These rules ensure that Behavior Rehabilitation Services are provided to meet the needs of children and young adults in the care or custody of the Department.

   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 17, 2013 at 5:00 p.m. Written comments may be submitted via e-mail to Annette.Tesch@state.or.us, faxed to 503-373-7032, or mailed to Annette Tesch, Rules Coordinator, DHS - Child Welfare Programs, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The Department provides the same consideration to written comment as it does to any oral or written testimony provided at the public hearing.

Rules Coordinator: Annette Tesch

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

Telephone: (503) 945-6067


Department of Oregon State Police, State Athletic Commission, Chapter 230

Rule Caption: Requiring boxing or mixed martial arts female competitors to submit and pass a pregnancy test.

Date:   Time:   Location:

10-16-13    10 a.m.   4190 Aumsville Hwy. SE      Salem, OR 97317

Hearing Officer: Staff

Stat. Auth.: ORS 463.113 & 463.149

Stats. Implemented: ORS 463.113

Proposed Amendments: 230-020-0330

Last Date for Comment: 10-16-13, 10 a.m.

Summary: Oregon Revised Statute (ORS) 463.113(1) authorizes the Oregon Athletic Commission (Commission) to adopt administrative rules for “. . . conducting professional boxing and mixed martial arts events that promote the safety and best interest of the contestants and of the public.”

   The Oregon State Athletic Commission has adopted temporary rule to amend OAR 230-020-0330 related to boxing and mixed martial arts competitions in Oregon. The rule amendment implements in Oregon a common industry practice designed to promote the health and safety of competitors, by adding into OAR 230-020-0330 a requirement that female boxing and mixed martial arts competitors submit and pass a pregnancy test in order to participate in the upcoming boxing or mixed martial arts event. The rule includes an option for waiver of the test requirement upon submission of documentation that the contestant has undergone a full hysterectomy. The rule also specifies the timing of the test and acceptable test methods.

Rules Coordinator: Lili M. Wright

Address: Department of Oregon State Police, State Athletic Commission, 4190 Aumsville Hwy. SE, Salem, OR 97317

Telephone: (503) 378-2493


Rule Caption: Amends OAR 230-020-0002 to authorize the OSP Superintendent to issue licenses on an annual basis

Date:   Time:   Location:

10-16-13    10 a.m.   4190 Aumsville Hwy. SE      Salem, OR 97317

Hearing Officer: Staff

Stat. Auth.: ORS 463.113

Stats. Implemented: ORS 463.025, 463.035, 463.113 & 436.165

Proposed Amendments: 230-020-0002

Last Date for Comment: 10-16-13, 10 a.m.

Summary: Oregon Administrative Rule (OAR) 230-020-0002 currently establishes that the licensing year for all licenses issued by the Superintendent shall run from July 1 to June 30 of the following year. The rule amendment eliminates the requirement that the licensing year run from July 1 to June 30, and instead authorizes the Superintendent to issue annual licenses at any point during the calendar year.

Rules Coordinator: Lili M. Wright

Address: Department of Oregon State Police, State Athletic Commission, 4190 Aumsville Hwy. SE, Salem, OR 97317

Telephone: (503) 378-2493


Department of State Lands, Chapter 141

Rule Caption: Amend the General Authorization for Recreational Placer Mining to Partially Implement SB 838 (2013)

Date:   Time:   Location:

10-17-13    4 p.m.   Council Chambers, City Hall      1655 First St. Baker City, OR

10-21-13   4 p.m.   Land Board Rm.      775 Summer St. NE, Suite 100      Salem, OR

10-23-13   5 p.m.   Redwood Grange      1830 Redwood Ave.      Grants Pass, OR

Hearing Officer: Lori Warner-Dickason

Stat. Auth.: 196.600–196.692, 196.795–196.990 & 2013 OL Ch. 783, Sec. 1 & 5

Stats. Implemented: ORS 196.850 & 2013 OL Ch. 783, Sec. 1 & 5

Proposed Amendments: 141-089-0640 – 141-089-0650, 141-089-0820 – 141-089-0835

Last Date for Comment: 10-31-13, 5 p.m.

Summary: SB 838 (2013 Or Laws, c. 783, section 5(2)), passed by the 2013 Oregon Legislature, pertains to motorized mining and the state’s Removal-Fill Law.

   The legislation requires new restrictions for motorized mining in waters of the state. The restrictions include a minimum 500-foot distance between motorized dredge operations, motorized mining operating hours between 9 a.m. and 5 p.m., and a prohibition against leaving motorized equipment unattended in the waterway. The restrictions do not apply to any mining for which an operating permit has been issued under ORS 517.702 to 517.989.

   The new legislations also puts a limit of 850 on the number of authorizations and permits issued by the Department at any time for the 2014 and 2015 operating seasons. The bill states that the Department shall give priority, to the greatest extent practicable, to those persons who held permits or authorizations for the longest period of time before January 1, 2014.

   The operating restrictions and limit on the number of permits and authorizations apply to any river and tributaries thereof, of which any portion contains essential indigenous anadromous salmonid habitat (ESH), or naturally reproducing populations of bull trout. A map depicting these areas will be posted on the Department Web site at www.statelandsonline.us.

   Authorizations for the 2014 and 2015 operating seasons will require a revision to the Department of State Lands’ General Authorization for Recreational Placer Mining within Essential Salmonid Habitat (OAR 141-089-0820 through -0835). Rule revisions include the new operating restrictions and the method by which the Department will implement the limit on the number of authorizations and permits.

   For additional information on this rulemaking process please visit the following link on the Department’s website: http://www.oregon.gov/dsl/Pages/rules_activity.aspx

   To comment on this rulemaking, submit your comments by mail to:

   Tiana Teeters, Rules Coordinator

   Placer Mining Rulemaking

   Department of State Lands

   775 Summer Street N.E., Suite 100

   Salem, Oregon 97301

   To comment on this rulemaking, submit your comments by e-mail to: placermining.rulemaking@dsl.state.or.us

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: Provisions and Requirements of Driver Card

Date:   Time:   Location:

10-16-13    1:30 p.m.   DMV Headquarters      1905 Lana Ave. NE      Salem OR

Hearing Officer: Liz Woods

Stat. Auth.: ORS 184.616, 184.619, 802.010 & 2013 OL Ch. 48

Stats. Implemented: 2013 OL Ch. 48

Proposed Adoptions: 735-058-0000, 735-058-0010, 735-058-0020, 735-058-0030, 735-058-0040, 735-058-0050, 735-058-0060

Last Date for Comment: 10-21-13, Close of Business

Summary: Under Oregon Law 2013, Chapter 48 (SB 833) DMV is authorized to issue driver cards to persons who meet all qualifications for Class C driving privileges, except for proof of legal presence in the United States. These applicants must also provide proof of Oregon residency exceeding one year as of the date of application for driving privileges and meet requirements in Section 2, Chapter 48, Oregon Laws 2013. This proposed rulemaking establishes the rules necessary to implement this program as well as specifying which current administrative rules for driver licenses apply or do not apply to the driver card.

   DMV anticipates a high volume of new customers applying for the new driver card. Consequently, DMV will initially only accept those proofs of identity and date of birth as specified in the law, namely an unexpired valid passport from the person’s country of citizenship or an unexpired valid consular identification document issued by the consulate of the person’s country of citizenship. The consulate’s issuance procedures and card security features must meet DMV standards.

   In accordance with Oregon Laws 2013, Chapter 48 DMV proposes to adopt:

   • OAR 735-058-0000 which sets forth the authority and purpose of the Division 58 rules;

   • OAR 735-058-0010 to describe the eligibility requirements for a driver card and the feature on the driver card that distinguishes it from a driver license.

   • OAR 735-058-0030 to specify the requirements for acceptance of a consular identification document as proof of an applicant’s identity;

   • OAR 735-058-0040 to establish the documents DMV will accept as proof of Oregon residency in excess of one year as of the date of the application for a driver card.

   • DMV also proposes to adopt OAR 735-058-0020 to establish what DMV will require as proof of legal name.

   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, 355 Capitol St. NE, MS 51, Salem, OR 97301

Telephone: (503) 986-3171


Rule Caption: Proof of Compliance with Financial Responsibility Requirements

Stat. Auth.: ORS 184.616, 184.619, 806.011, 806.012 & OR Law 2013, Chapter 108

Stats. Implemented: ORS 806.011, 806.012 & OR Law 2013, Chapter 108

Proposed Amendments: 735-050-0120

Proposed Repeals: 735-050-0120(T)

Last Date for Comment: 10-21-13, Close of Business

Summary: OR Law 2013, Chapter 108 (HB 2107) amends ORS 742.447 to expand how an insurance company may provide proof of motor vehicle insurance by authorizing an insurance company to provide proof by either issuing a paper insurance card or by issuing the information on an insurance card electronically for display on the insured’s electronic device. The insured must agree to receive the information electronically. DMV proposes to amend OAR 735-050-0120 to add an electronic display of the insurance card as one of the means to provide proof of compliance with financial responsibility requirements. The amendments also clarify what constitutes proof of compliance with financial responsibility requirements for purposes of ORS 806.011 and ORS 806.012.

   As HB 2107 contained an emergency clause this rule was amended on a temporary basis to align rule with law as soon as possible. The temporary amendments were effective on June 21, 2013 following approval by the Oregon Transportation Commission. DMV now proposes to make these rule amendments permanent. The proposed permanent rulemaking does reword section (1) from what was filed as a temporary amendment for clarity. DMV also proposes to amend section (6) of the rule for clarity.

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

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171


Rule Caption: Proof of Treatment Completion Required for Reinstatement of DUII Suspension

Stat. Auth.: ORS 184.616, 184.619, 802.010, 809.380 & OL 2013, Ch. 233

Stats. Implemented: OL 2013, Ch. 233

Proposed Amendments: 735-070-0085

Last Date for Comment: 10-21-13, Close of Business

Summary: Section 2, Chapter 9, Oregon Laws 2012 requires a person to provide proof of completion of a treatment program before driving privileges may be reinstated for a suspension upon conviction for driving under the influence of intoxicants (DUII), unless DMV waives this requirement for good cause. Ch. 233, Oregon Laws 2013 (HB 2121) amends Section 2, Chapter 9, Oregon Laws 2012 to specify in statute the exemptions from the requirement for such proof and repeals the waiver for good cause. DMV proposes to amend OAR 735-070-0085(3) to implement these statutory changes. DMV proposes to further amend this rule to specify that a DUII Treatment Completion Certificate, DMV form 735-6821, is the only form of proof of completion that will be accepted by DMV.

   As HB 2121 contained an emergency clause, DMV adopted a temporary rule to implement the statutory requirements. The temporary amendments were effective on June 21, 2013 following approval by the Oregon Transportation Commission.

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

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171


Rule Caption: Eliminates Drive Test Every Two Years for Person with Limited Vision Condition

Stat. Auth.: ORS 184.616, 184.619 & 802.010

Stats. Implemented: ORS 807.363 & 809.310(1)

Proposed Amendments: 735-062-0385

Last Date for Comment: 10-21-13, Close of Business

Summary: Chapter 473, Oregon Laws 2013 (Senate Bill 288) amends ORS 807.363 to eliminate a requirement that a person with a limited vision condition who is granted driving privileges pass a DMV drive test every two years to retain those privileges. The person must continue to provide a report from their vision specialist showing vision requirements for maintaining driving privileges are met. DMV proposes to amend OAR 735-062-0385 to eliminate all references to the drive test requirement.

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

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171


Rule Caption: Expiration Date of a Driver License or Identification Card Under Specific Circumstances

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.021, 807.040, 807.050, 807.060, 807.120, 807.130 807.400 & 809.310

Stats. Implemented: ORS 807.021, 807.022, 807.040, 807.060, 807.066 & 807.400

Proposed Amendments: 735-062-0007, 735-062-0010

Last Date for Comment: 10-21-13, Close of Business

Summary: Oregon Law 2013, Chapter 238 (HB 2517) amends ORS 807.130 to specify that a driver license or identification card issued to a person legally present in the United States on a temporary basis and who is a citizen of a country with a Compact of Free Association (Compact) with the United States, is valid for eight years before it expires. The Compact countries are: Federated States of Micronesia; Republic of Palau; and Republic of the Marshall Islands. DMV proposes to amend OAR 735-062-0007 and 735-062-0010 to implement HB 2517, including the requirement that a person from a Compact country must provide proof of legal presence to DMV. Other changes are made for clarity.

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

Rules Coordinator: Lauri Kunze

Address: Department of Transportation, 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: Utility Facility Permit Fees

Stat. Auth.: ORS 184.616, 184.619, ORS 374.305, Sec 2 Ch 664 OL 2001 & Sec 1 & 2 Ch 820 OL 2001

Stats. Implemented: ORS 758.010, Sec 2 Ch 664 OL 2001 & Sec 1 & 2 Ch 820 OL 2001

Proposed Repeals: 734-055-0017

Last Date for Comment: 10-21-13, Close of Business

Summary: This rule is being repealed in its entirety. In 2001 the Department of Justice issued a Letter of Counsel which concluded that utility permitting activities by the Department of Transportation (ODOT) were not an appropriate use of constitutionally dedicated Highway Trust Funds (Article IX of the Oregon Constitution). Funding for the permitting activities was not available from any other source. Oregon Laws 2001, Chapter 820, Section 2 provided specifically for the utility permit fees collected to be used for the utility permit program. Oregon Laws 2001, Chapter 664, Section 2 allowed ODOT to establish a schedule for permit fees provided the cost to issue and administer the permit could not legally be paid from Highway Trust Funds. Those fees were established in 2002 by OAR 734-055-0017.

   In 2006 the Oregon Supreme Court affirmed the judgment of the Clackamas County Circuit Court that ODOT had no statutory authority to charge a utility permit fee because the cost to ODOT to issue and administer the permit to relocate utility facilities could legally be paid from Highway Trust Funds. In response to the court judgment, Oregon Laws 2001, Chapter 664, Section 2 was repealed by the 2006 Oregon Legislature. The Department discontinued assessing the utility facility permit fee; however, the rule was not repealed.

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

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171


Rule Caption: Allows fallen heroes to be honored under the Roadside Memorial Sign Program

Stat. Auth.: ORS 184.616, 184.619, 2011 OL Ch. 668 & 2013 OL Ch. 381 & 391

Stats. Implemented: 2011 OL Ch. 668 & 2013 OL Ch. 381 & 391

Proposed Amendments: 734-026-0010, 734-026-0020, 734-026-0030

Last Date for Comment: 10-21-13, Close of Business

Summary: HB 2708 and HB 3494 enacted by the 2013 legislature direct the Department to install signs for certain individuals killed in action or who died as a result of wounds received in action while serving in the Armed Forces of the United States. The OAR must be amended to allow for this signing.

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

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171


Employment Department, Chapter 471

Rule Caption: 2013 Unemployment Insurance rule updates from process changes (housekeeping)

Date:   Time:   Location:

10-25-13    2:30 p.m.   Employment Dept. Auditorium      875 Union St. NE      Salem, OR

Hearing Officer: C. Brooks

Stat. Auth.: ORS 657.610 & 657.155

Stats. Implemented: ORS 657.155, 657.190, 657.195 & 657.260

Proposed Amendments: 471-030-0036

Proposed Repeals: 471-030-0078

Last Date for Comment: 10-25-13, 5 p.m.

Summary: 471-030-0036 Changes to actively seeking work, Offshore Workers Eligibility, and Incarcerated Claimant Eligibility, 471-030-0078 Eligibility for Offshore Workers

Rules Coordinator: Janet Orton

Address: Employment Department, 875 Union St. NE, Salem, OR 97311

Telephone: (503) 947-1724


Rule Caption: 2013 Unemployment Insurance rule updates from process changes (housekeeping)

Date:   Time:   Location:

10-25-13    2:30 p.m.   Employment Dept. Auditorium      875 Union St. NE      Salem, OR

Hearing Officer: C. Brooks

Stat. Auth.: ORS 657.610 & 657.155

Stats. Implemented: ORS 657.155 & 657.260

Proposed Amendments: 471-030-0040, 471-030-0045

Last Date for Comment: 10-25-13, 5 p.m.

Summary: 471-030-0040 Specify circumstances for claim backdating. 471-030-0045 Specify deadlines for continued claim filing.

Rules Coordinator: Janet Orton

Address: Employment Department, 875 Union St. NE, Salem, OR 97311

Telephone: (503) 947-1724


Rule Caption: 2013 Unemployment Insurance rule updates from statue changes enacted in the 2013 legislative session

Date:   Time:   Location:

10-25-13    2:30 p.m.   Employment Dept. Auditorium      875 Union St. NE      Salem, OR

Hearing Officer: C. Brooks

Stat. Auth.: ORS 657.610 & 657.155

Stats. Implemented: ORS 657.155, 657.215 & 657.310

Proposed Amendments: 471-030-0052

Last Date for Comment: 10-25-13, 5 p.m.

Summary: Updates to rules dealing with claimants: 471-030-0052 Changes to state fraud penalty.

Rules Coordinator: Janet Orton

Address: Employment Department, 875 Union St. NE, Salem, OR 97311

Telephone: (503) 947-1724


Rule Caption: 2013 Unemployment Insurance rule updates from statue changes enacted in the 2013 legislative session

Date:   Time:   Location:

10-25-13    2:30 p.m.   Employment Dept. Auditorium      875 Union St. NE      Salem, OR

Hearing Officer: C. Brooks

Stat. Auth.: ORS 657.610

Stats. Implemented: ORS 657.315 & 657.317

Proposed Amendments: 471-030-0053

Last Date for Comment: 10-25-13, 5 p.m.

Summary: Updates to rules dealing with claimants: 471-030-0053 Clarify details for overpayment waiving, and when this waiver may be revoked by the agency.

Rules Coordinator: Janet Orton

Address: Employment Department, 875 Union St. NE, Salem, OR 97311

Telephone: (503) 947-1724


Rule Caption: 2013 Unemployment Insurance rule updates from statue changes enacted in the 2013 legislative session

Date:   Time:   Location:

10-25-13    2:30 p.m.   Employment Dept. Auditorium      875 Union St. NE      Salem, OR

Hearing Officer: C. Brooks

Stat. Auth.: ORS 657.610

Stats. Implemented: ORS 657.610, 657.155, 657.260 & SB 259 2013

Proposed Adoptions: 471-030-0058

Last Date for Comment: 10-25-13, 5 p.m.

Summary: Updates to rules dealing with claimants: 471-030-0058 Rules for implementation of Treasury Offset Program.

Rules Coordinator: Janet Orton

Address: Employment Department, 875 Union St. NE, Salem, OR 97311

Telephone: (503) 947-1724


Rule Caption: 2013 Unemployment Insurance rule updates from statue changes enacted in the 2013 legislative session

Date:   Time:   Location:

10-25-13    2:30 p.m.   Employment Dept. Auditorium      875 Union St. NE      Salem, OR

Hearing Officer: C. Brooks

Stat. Auth.: ORS 657.610

Stats. Implemented: ORS 657.610, 657.155, 657.260 & 657.471

Proposed Adoptions: 471-030-0059, 471-030-0083

Last Date for Comment: 10-25-13, 5 p.m.

Summary: Updates to rules dealing with employers: 471-030-0059 Implementation of penalties related to employer misrepresentation. 471-030-0083 Establishes an employer pattern of failing to report timely

Rules Coordinator: Janet Orton

Address: Employment Department, 875 Union St. NE, Salem, OR 97311

Telephone: (503) 947-1724


Rule Caption: 2013 Unemployment Insurance rule updates from process changes (housekeeping)

Date:   Time:   Location:

10-25-13    2:30 p.m.   Employment Dept. Auditorium      875 Union St. NE      Salem, OR

Hearing Officer: C. Brooks

Stat. Auth.: ORS 657.610

Stats. Implemented: ORS 657.155 & 657.760

Proposed Amendments: 471-030-0210

Last Date for Comment: 10-25-13, 5 p.m.

Summary: Updates to rules dealing with claimants: 471-030-0210 Changes to interstate overpayment recovery arrangements.

Rules Coordinator: Janet Orton

Address: Employment Department, 875 Union St. NE, Salem, OR 97311

Telephone: (503) 947-1724


Rule Caption: 2013 Unemployment Insurance rule updates from process changes (housekeeping)

Date:   Time:   Location:

10-25-13    2:30 p.m.   Employment Dept. Auditorium      875 Union St. NE      Salem, OR

Hearing Officer: C. Brooks

Stat. Auth.: ORS 657.610

Stats. Implemented: ORS 657.610, 657.457, 657.552 & 657.663

Proposed Amendments: 471-031-0151

Last Date for Comment: 10-25-13, 5 p.m.

Summary: Updates to rules dealing employers: 471-031-0151 Changes to failure to file reports or pay taxes — good cause.

Rules Coordinator: Janet Orton

Address: Employment Department, 875 Union St. NE, Salem, OR 97311

Telephone: (503) 947-1724


Rule Caption: 2013 Unemployment Insurance rule updates from process changes (housekeeping)

Date:   Time:   Location:

10-25-13    2:30 p.m.   Employment Dept. Auditorium      875 Union St. NE      Salem, OR

Hearing Officer: C. Brooks

Stat. Auth.: ORS 657.610

Stats. Implemented: ORS 657.610, 657.155, 657.260, 657.295 & 657.317

Proposed Amendments: 471-040-0020

Last Date for Comment: 10-25-13, 5 p.m.

Summary: 471-040-0020 Define approved standard for fees people can charge to represent claimants regarding Unemployment Insurance matters.

Rules Coordinator: Janet Orton

Address: Employment Department, 875 Union St. NE, Salem, OR 97311

Telephone: (503) 947-1724


Land Use Board of Appeals, Chapter 661

Rule Caption: Rule amendments regarding filing of the record, briefs, motions, costs, agency address, and stipulated remand

Stat. Auth.: ORS 197.820(4)

Stats. Implemented: ORS 197.830(13)(b), 197.830(11), (12) & (13)(a), 197.830(2) & (7), 197.835(1), 197.830(15)(a) & 197.860

Proposed Amendments: 661-010-0021, 661-010-0025, 661-010-0030, 661-010-0050, 661-010-0067, 661-010-0071, 661-010-0073, 661-010-0075

Last Date for Comment: 10-21-13, Close of Business

Summary: (1) OAR 661-010-0021 is amended to conform ORS 197.830(13)(b). (2) OAR 661-010-0025 is amended to clarify record table of contents requirements and to allow filing of electronic records. (3) OAR 661-010-0030 is amended to require 14 point font for text in the petition for review, to require each assignment of error demonstrate the issue was preserved below if preservation is required and state the applicable standard of review, and to clarify the contents of a cross-petition for review. (4) OAR 661-010-0050 is amended to clarify how fees are determined for motions to intervene in consolidated appeals or with multiple intervenors. (5) OAR 661-010-0067 is amended to allow oral consents to extensions of time for most deadlines. (6) OAR 661-010-0071 and OAR 661-010-0073 are amended to provide for stipulated remands. (7) OAR 661-010-0075 is amended to provide for an award of the filing fee paid by a prevailing intervenor or state agency, and to make permanent the Board’s address change.

Rules Coordinator: Kelly Burgess

Address: Land Use Board of Appeals, 775 Summer St. NE, Suite 330, Salem, OR 97301-1283

Telephone: (503) 373-1265


Oregon 529 College Savings Board, Chapter 173

Rule Caption: Allow duplicate accounts that have the same account owner and the same designated beneficiary.

Date:   Time:   Location:

10-22-13    9 a.m.   350 Winter St. NE, Suite 100      Salem, OR 97301

Hearing Officer: Michael Parker

Stat. Auth.: ORS 348.853(2)

Stats. Implemented: ORS 348.841(1), 348.853(2) & 348.857(4)

Proposed Amendments: 173-006-0005, 173-008-0005

Last Date for Comment: 10-22-13, 9 a.m.

Summary: The Oregon 529 College Savings Board is implementing an enhancement that enables the record keeper to send and receive data in uniform standard file layouts. The uniform standard file layouts will allow the record keeper to perform data aggregation, data matching, and data storage of key account owner information (such as total basis and earnings) that are required to meet IRS tax reporting requirements when distributions are taken from duplicate accounts.

Rules Coordinator: Michael Parker

Address: Oregon 529 College Savings Board, 350 Winter St. NE, Suite 100, Salem, OR 97301

Telephone: (503) 373-1903


Oregon Board of Dentistry, Chapter 818

Rule Caption: Amends Practice, HPSP, Sedation Permit, infection control, use of silver nitrate and radiologic proficiency rules.

Date:   Time:   Location:

10-17-13    7 p.m.   OHSU Center for Health/Healing      749 SW Whitaker St.,       3rd Floor, Conference Rm. 4      Portland, OR 97239

Hearing Officer: Board President

Stat. Auth.: ORS 181, 183, 679 & 680

Stats. Implemented: ORS 670.260, 676.185, 676.190, 676.195, 676. 200, 679.020. 679.025, 679.060, 679.090, 679.115, 679.120, 679.140, 679.160, 679.250, 679.010, 679.170, 680.050, 680.072, 680.075, 680.082, 680.100, 680.200 & 680.205

Proposed Amendments: 818-012-0005, 818-012-0040, 818-013-0001, 818-013-0005, 818-026-0060, 818-035-0030, 818-042-0040, 818-042-0060

Last Date for Comment: 10-17-13, 4 p.m.

Summary: The Board is amending 818-012-0005 to clarify the use of Botulinum Toxin Type A.

   The Board is amending 818-012-0040 to clarify the record keeping requirements for sterilization equipment.

   The Board is amending 818-013-0001 to delete language from the rule.

   The Board is amending 818-013-0005 to delete language from the rule.

   The Board is amending 818-026-0060 to clarify the rule.

   The Board is amending 818-035-0030 to allow the use of silver nitrate solutions.

   The Board is amending 818-042-0040 to exclude the administration of silver nitrate solution from list of prohibited actions.

   The Board is amending 818-042-0060 to add digital radiographs as an option for proficiency.

Rules Coordinator: Stephen Prisby

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: New division of rules relating to the Local Economic Opportunity Fund.

Stat. Auth.: ORS 285B.230–285B.266

Stats. Implemented: ORS 285B.230–285B.266

Proposed Adoptions: 123-056-0010 – 123-056-0040

Proposed Repeals: 123-056-0010(T), 123-056-0020(T), 123-056-0030(T), 123-056-0040(T)

Last Date for Comment: 10-23-13, 5 p.m.

Summary: This new division of rules relating to the Local Economic Development Fund explains criteria necessary for strategic plans necessary for funding. These rules were temporary and are now being made 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, Fair Dismissal Appeals Board, Chapter 586

Rule Caption: Updates procedural rules for Fair Dismissal Appeals Board

Stat. Auth.: ORS 183.335 & 183.341

Stats. Implemented: ORS 183.335 & 183.341

Proposed Amendments: 586-001-0000, 586-001-0005

Last Date for Comment: 10-25-13, 5 p.m.

Summary: The rule amendments update FDAB’s rule on notifications to stakeholders of rule changes to reflect current law. The rule amendments also update the reference to the AG model rules.

Rules Coordinator: Cindy Hunt

Address: Department of Education, Fair Dismissal Appeals Board, 255 Capitol St. NE, Salem, OR 97310

Telephone: (503) 947-5651


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

Rule Caption: Describe program requirements for Behavior Rehabilitation Services Program

Date:   Time:   Location:

10-15-13    10:30 a.m.   500 Summer St. NE, Rm. 137C      Salem, OR 97301

Hearing Officer: Cheryl Peters

Stat. Auth.: ORS 183.355, 413.042 & 414.065

Other Auth.: 45 CFR 160 & 164 et.seq, 42 CFR 435.1010, 42 CFR 433 Subpart B

Stats. Implemented: ORS 414.065

Proposed Adoptions: 410-170-0000, 410-170-0010, 410-170-0020, 410-170-0030, 410-170-0040, 410-170-0050, 410-170-0060, 410-170-0070, 410-170-0080, 410-170-0090, 410-170-0100, 410-170-0110 and 410-170-0120

Last Date for Comment: 10-17-13, 5 p.m.

Summary: Administrative rules need to be put in place for the Behavior Rehabilitation Services (BRS) Program, as no rules currently exist. These rules describe the general program requirements for the BRS Program, prior authorization process, Services and Placement Related Activities, BRS Contractor and BRS Provider requirements, reimbursement rates, and compliance and oversight activities.

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: Prescription Drug Monitoring Program

Date:   Time:   Location:

10-29-13    1 p.m.   Portland State Office Bldg.      800 NE Oregon St. Rm. 918      Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 431.962

Other Auth.: 2013 OL Ch. 550

Stats. Implemented: ORS 431.962–431.978 & 431.992

Proposed Amendments: 410-121-4005, 410-121-4010, 410-121-4020

Last Date for Comment: 10-31-13, 5 p.m.

Summary: The Oregon Health Authority, Division of Medical Assistance Programs is proposing to permanently amend administrative rules in chapter 410, division 121 to add and revise definition terms; to revise reporting requirements; and to clarify expanded access to information in the electronic system.

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: Rules related to client appeals/hearings, provider requirements related to billing clients for non-covered services

Date:   Time:   Location:

10-15-13    10:30 a.m.   500 Summer St. NE, Rm. 137C      Salem, OR 97301

Hearing Officer: Cheryl Peters

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 414.065

Proposed Amendments: 410-141-0262, 410-141-0263, 410-141-0265, 410-141-0420,410-141-3260, 410-141-3263, 410-141-3395, 410-141-3420

Last Date for Comment: 10-17-13, 5 p.m.

Summary: The Division intends to amend the above rules to require providers to review with OHP clients and have them sign a new Agreement to Pay form, DMAP 3165, or facsimile, before providing and charging clients for non-covered services. Rules are further revised to allow for the use of a new Medical Assistance Service Denial Appeal and Hearing Request form, or Division approved facsimile, to be used in place of the MSC 443 and DMAP 3030 forms; change the standard for client failure to meet timely filing/actions from “circumstances beyond the control of the client’ to ‘good cause;’ state that providers shall not bill a client or submit a client billing to a collection agency for any amount owed by the CCO for which the client is not liable; and add that the PHP shall notify the client’s representative of appeal decisions, in the event the PHP extends the 14-day timeframe. All other revisions are to clarify current policy or for housekeeping purposes. DMAP.Rules@dhsoha.state.or.us

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 claim filing with CCO rules, clarify language for billing clients, technical corrections for forms

Date:   Time:   Location:

10-15-13    10:30 a.m.   500 Summer St. NE, Rm. 137C      Salem, OR 97301

Hearing Officer: Cheryl Peters

Stat. Auth.: ORS 413.042, 414.065 & 183.341

Stats. Implemented: ORS 414.025, 414.065, 414.085, 414.019, 414.055 & 183.411–183.470

Proposed Amendments: 410-120-1280, 410-120-1300, 410-120-1400, 410-120-1860

Last Date for Comment: 10-17-13, 5 p.m.

Summary: The General Rules program administrative rules govern Division payments for services to clients.

   OAR 410-120-1280 — Billing: Rewriting rule for readability and clarification when clients can be billed for non-covered services and adding a form used as the financial responsibility waiver.

   OAR 410-120-1300 — Timely Filing: Revise language to align with claim submission timelines with those used for CCOs.

   OAR 410-120-1400 — Provider Sanctions: Strengthens relationship between OAR 410-120-1280, Billing, and discretionary sanctions.

   OAR 410-120-1860 — Contested Case Hearing Procedures: Adds language about the form number, corrects rule reference, aligns “good cause” language with OAR 137-003-050. DMAP.Rules@dhsoha.state.or.us

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: Implementation of training of laypeople to recognize and treat opiate overdose

Date:   Time:   Location:

10-30-13    1 p.m.   Portland State Office Bldg.      800 NE Oregon St. Rm. 918      Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: 2013 OL Ch. 340

Stats. Implemented: 2013 OL Ch. 340

Proposed Adoptions: 333-055-0100, 333-055-0105, 333-055-0110, 333-055-0115

Proposed Repeals: 333-055-0100(T), 333-055-0105(T) , 333-055-0110(T)

Last Date for Comment: 10-31-13, 5 p.m.

Summary: The Oregon Health Authority, Public Health Division is proposing to permanently adopt administrative rules in chapter 333, division 55 to clarify the purpose of training on lifesaving treatments for opiate overdose; to establish definition terms; to establish training protocols and criteria; and to establish certificates of completion of training.

Rules Coordinator: Brittany Sande

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

Telephone: (971) 673-1291


Oregon Health Licensing Agency, Chapter 331

Rule Caption: Amend fee to decrease from $700 to $350 due to change in license renewal.

Stat. Auth.: ORS 676.607 & 676.615

Stats. Implemented: ORS 676.607 & 676.615

Proposed Amendments: 331-440-0000

Last Date for Comment: 10-28-13, 5 p.m.

Summary: Amend initial and renewal license fee by decreasing fees from $700 to $350 due to license renewal date change from two years to one year. In July 2013 the Board of Denture Technology amended administrative rules changing active status from a two-year license period to a one-year license period. Inadvertently the fee for initial licensure and renewal was not reduced by half.

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: Amends the definitions of “interest in the business” and “financial interest” and clarifies their requirements.

Date:   Time:   Location:

10-28-13    10 a.m.   9079 SE McLoughlin Blvd.      Portland, OR 97222

Hearing Officer: Annabelle Henry

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

Stats. Implemented: ORS 471.757

Proposed Amendments: 845-005-0311

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

Summary: Under the current rule, a license application must specify the real and true names of all persons who own or have an interest in the business proposed to be licensed, and each of these persons or in the case of corporations, a duly authorized officer, must sign the application. The current rule defines the term “interest in the business” by providing a list of persons that, by definition, own or hold an interest in the business. The proposed amendments reframe this analysis to focus on conduct that indicates ownership or a right to control the business. Under section (4) of the current rule, the Commission may also require the applicant or licensee to submit a list of persons and legal entities with a financial interest in the business, and the Commission may evaluate those persons and legal entities as if they were the applicant. The proposed amendments clarify the definition of “financial interest” and the actions that the Commission may take after it concludes this evaluation.

Rules Coordinator: Annabelle Henry

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

Telephone: (503) 872-5004


Rule Caption: Restores technically deficient 2012 rulemaking and clarifies minors on licensed premises requirements and prohibitions.

Date:   Time:   Location:

10-22-13    10 a.m.   9079 SE McLoughlin Blvd.      Portland, OR 97222

Hearing Officer: Annabelle Henry

Stat. Auth.: ORS 471, 471.030, 471.040, 471.430, 471.482 & 471.730

Stats. Implemented: ORS 471.130, 471.410, 471.430, 471.480 & 471.482

Proposed Amendments: 845-006-0335

Last Date for Comment: 11-05-13, 5 p.m.

Summary: This rule describes a licensee’s and a permittee’s duty to prevent minors from purchasing or consuming alcohol on the licensed premises and from entering areas prohibited to minors. On April 5, 2012, the Commission voted to amend this rule, effective May 1, 2012. Shortly thereafter, in accordance with filing procedures in place at that time, hard copies of the adopted amendments were sent by shuttle to both the Secretary of State and to Legislative Counsel. Unfortunately, on this particular occasion, mail delivery was made to Legislative Counsel before it was made to the Secretary of State, which was a violation of ORS 183.715. Consequently, under ORS 183.335(11)(b), the adopted amendments are invalid. The Commission has initiated permanent rulemaking to restore these amendments, to provide for the revocation of its approval of designated minor areas under certain circumstances, and to clarify other sections of the rule.

Rules Coordinator: Annabelle Henry

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

Telephone: (503) 872-5004


Oregon State Lottery, Chapter 177

Rule Caption: Revises probability of winning tables for the Division 2, 3, and 4 Megabucks prizes

Date:   Time:   Location:

10-16-13    2:30 p.m.   Oregon State Lottery      500 Airport Rd. SE      Salem, OR

Hearing Officer: Larry Trott, Esq.

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

Other Auth.: Or Constit, Art. XV, Sect. 4(4)

Stats. Implemented: ORS 461.220

Proposed Amendments: 177-075-0040

Last Date for Comment: 10-16-13, 3 p.m.

Summary: The Oregon Lottery proposes to revise the probability of winning tables for the Division 2, 3, and 4 Megabucks prize categories to make them more precise. Because this rule replicates and replaces the temporary rule, the Lottery proposes to repeal OAR 177-075-0040(T) Probability of Winning.

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: Rules for procurement, contracting, construction, purchase and sale of real property

Stat. Auth.: ORS 351

Stats. Implemented: ORS 351

Proposed Adoptions: 580-060-0000, 580-060-0010, 580-060-0015, 580-060-0020, 580-060-0025, 580-060-0035, 580-060-0040, 580-060-0045, 580-060-0050, 580-060-0055

Proposed Repeals: 580-060-0060

Last Date for Comment: 10-15-13, Close of Business

Summary: The amendments align the terminology with these rules with that within Senate Bill 242, namely referring to institutions as “public universities” and institution presidents as “university presidents.” Additionally, in accordance with the provisions of SB 242, OUS is no longer subject to the Land Conservation and Development Commission’s OAR 660-030, which mandates that university plans conform to regulations of applicable local jurisdiction. 580-060-0060 was repealed and will be made an internal management directive as it is not required to be in rule and having in policy allows for more efficient administration of future policy changes.

Rules Coordinator: Marcia M. Stuart

Address: Oregon University System, PO Box 3175, Eugene, OR 97403-0175

Telephone: (541) 346-5749


Rule Caption: Align rules with SB 242; delineate roles and responsibilities; clarify language; eliminate unnecessary provisions.

Stat. Auth.: ORS 351

Stats. Implemented: ORS 351

Proposed Amendments: 580-061-0000 – 580-061-0160

Last Date for Comment: 10-14-13, Close of Business

Summary: The amendments align the terminology with these rules with that within Senate Bill 242 and recently adopted Board policies (specifically removing all references to DAS; provide exemptions to contract for insurance and legal products and services required by OUS’ departure from the state insurance fund and the DOJ; and include language to align OARs with the Board policy on contracting with Historically Underrepresented Businesses); update processes to reflect changing technologies and procedures; and clarify language and eliminate unnecessary provisions.

Rules Coordinator: Marcia M. Stuart

Address: Oregon University System, PO Box 3175, Eugene, OR 97403-0175

Telephone: (541) 346-5749


Rule Caption: Align rules with SB 242; delineate roles and responsibilities; clarify language; eliminate unnecessary provisions.

Stat. Auth.: ORS 351

Stats. Implemented: ORS 351

Proposed Amendments: 580-062-0015, 580-062-0020

Last Date for Comment: 10-14-13, Close of Business

Summary: The amendments align the terminology with these rules with that within Senate Bill 242 and recently adopted Board policies (specifically removing all references to DAS; provide exemptions to contract for insurance and legal products and services required by OUS’ departure from the state insurance fund and the DOJ; and include language to align OARs with the Board policy on contracting with Historically Underrepresented Businesses); update processes to reflect changing technologies and procedures; and clarify language and eliminate unnecessary provisions.

Rules Coordinator: Marcia M. Stuart

Address: Oregon University System, PO Box 3175, Eugene, OR 97403-0175

Telephone: (541) 346-5749


Oregon University System, Eastern Oregon University, Chapter 579

Rule Caption: Modify Parking and Vehicular Traffic Regulations at Eastern Oregon University.

Stat. Auth.: ORS 351.070

Other Auth.: ORS 351.070

Stats. Implemented: ORS 351.070 & 352.060

Proposed Amendments: 579-070-0010, 579-070-0030, 579-070-0035, 579-070-0041, 579-070-0042, 579-070-0045

Last Date for Comment: 11-30-13, Close of Business

Summary: Parking and Vehicular Traffic Regulations

Rules Coordinator: Teresa Carson-Mastrude

Address: Oregon University System, Eastern Oregon University, One University Blvd., Inlow Hall 202A, La Grande, OR 97850

Telephone: (541) 962-3773


Oregon University System, Portland State University, Chapter 577

Rule Caption: Amends rule to correct incorrect OAR reference in (2)(c); fix typos.

Stat. Auth.: ORS 351

Stats. Implemented:

Proposed Amendments: 577-041-0010

Last Date for Comment: 10-30-13, 5 p.m.

Summary: The proposed amendment to Portland State University’s Termination of Appointment and the Imposition of Other Sanctions for Cause is a result of an incorrect citing of an OAR in section (2)(c). Also fixes some typos in first paragraph; 2(b) & (D).

   A copy of the text can be found at http://www.pdx.edu/fadm/rulemaking-portland-state

Rules Coordinator: Lorraine D. Baker

Address: Oregon University System, Portland State University, PO Box 751, Portland, OR 97207-0751

Telephone: (503) 725-8050


Oregon Youth Authority, Chapter 416

Rule Caption: Additional requirements for BRS Programs contracting with OYA, supplementing DMAP BRS program general rules.

Date:   Time:   Location:

10-15-13    10:30 a.m.   500 Summer St. NE, Rm. 137C      Salem, OR 97301

Hearing Officer: Cheryl Peters

Stat. Auth.: ORS 183.355 & 420.025

Stats. Implemented: ORS 420A.010 & 420A.014

Proposed Adoptions: 416-335-0000, 416-335-0010, 416-335-0020, 416-335-0030, 416-335-0040, 416-335-0050, 416-335-0060, 416-335-0070, 416-335-0080, 416-335-0090, 416-335-0100

Last Date for Comment: 10-17-13, 5 p.m.

Summary: These rules supplement the BRS Program general rules (OAR 410-170-0000 through 410-170-0130) with additional requirements for BRS Programs provided through contract with OYA.

Rules Coordinator: Winifred Skinner

Address: Oregon Youth Authority, 530 Center St. NE, Suite 200, Salem, OR 97301-3765

Telephone: (503) 373-7570


Rule Caption: Amending youth offender foster care certification rules adding cleanliness standard, clarifying definitions, deleting procedural language.

Date:   Time:   Location:

10-17-13    2 p.m.   530 Center St. NE, Suite 200,      Salem, OR

Hearing Officer: Winifred Skinner

Stat. Auth.: ORS 420A.025 & 420.892

Stats. Implemented: ORS 420.888–420.892

Proposed Amendments: 416-530-0000, 416-530-0010, 416-530-0020, 416-530-0030, 416-530-0035, 416-530-0040, 416-530-0050, 416-530-0060, 416-530-0070, 416-530-0080, 416-530-0090, 416-530-0100, 416-530-0110, 416-530-0125, 416-530-0130, 416-530-0140, 416-530-0150,416-530-0160, 416-530-0170, 416-530-0200

Last Date for Comment: 10-25-13, 5 p.m.

Summary: Amending youth offender foster care certification rules to clarify definitions, foster parent responsibilities, adding a cleanliness standard and requirement for CPR/first aid certification. Agency procedural language is deleted.

Rules Coordinator: Winifred Skinner

Address: Oregon Youth Authority, 530 Center St. NE, Suite 200, Salem, OR 97301-3765

Telephone: (503) 373-7570


Public Utility Commission, Chapter 860

Rule Caption: In the Matter of Rule Changes Regarding Eligibility for OTAP and Other RSPF Rule Changes.

Date:   Time:   Location:

11-6-13    9:30 a.m.   Public Utility Commission       Hearing Rm.      3930 Fairview Industrial Ave. SE      Salem, OR 97302

Hearing Officer: Administrative Law Judge Patrick Power

Stat. Auth.: ORS Ch. 183, 756, 759, Ch. 290 OL 1987

Stats. Implemented: ORS 756.040, 756.060, Ch. 290 OL 1987, SB 203 Sec. 1 (2013)

Proposed Adoptions: 860-033-0110

Proposed Amendments: 860-033-0001, 860-033-0005, 860-033-0006, 860-033-0007, 860-033-0010, 860-033-0030, 860-033-0035, 860-033-0040, 860-033-0045, 860-033-0046, 860-033-0050, 860-033-0100, 860-033-0530, 860-033-0535, 860-033-0536, 860-033-0537, 860-033-0540

Proposed Repeals: 860-033-0055, 860-033-0001(T), 860-033-0005(T), 860-033-0006(T), 860-033-0007(T), 860-033-0010(T), 860-033-0030(T), 860-033-0035(T), 860-033-0040(T), 860-033-0045(T), 860-033-0046(T), 860-033-0050(T), 860-033-0100(T), 860-033-0110(T), 860-033-0530(T), 860-033-0535(T), 860-033-0536(T), 860-033-0537(T), 860-033-0540(T)

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

Summary: The proposed rule amendments change Residential Service Protection Fund (RSPF) rules to meet several federal requirements related to the provision of telecommunication subsidies to low income customers. The proposed rules change Oregon Telephone Assistance Program (OTAP) eligibility requirements to conform to federal criteria set by the Federal Communications Commission (FCC), implement new and revised reporting requirements for eligible telecommunications carriers (ETCs) so that this Commission can maintain its opt-out approval status with the FCC’s National Lifeline Accountability Database, minimize the effect on the RSPF of exponential growth of the number of recipients by removing the compensatory obligations to ETCs for enrolling new customers and participation costs, ensure the quality of information ETCs disseminate to the public about the OTAP, and make clarifying and correcting changes to the rules.

   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 574 on comments and file them by e-mail to the Commission’s Filing Center at PUC.FilingCenter@state.or.us and also send a signed paper copy to the Filing Center at PO Box 1088, Salem, Oregon 97308-1088. For more information about the Commission’s Filing Center, please see http://apps.puc.state.or.us/edockets/center.htm. Interested persons may review all filings online at http://apps.puc.state.or.us/edockets/docket.asp?DocketID=18569. For guidelines on filing and participation, please see OAR 860-001-0140 through 860-001-0160 and 860-001-0200 through 860-001-0250 found online at http://arcweb.sos.state.or.us/pages/rules/oars_800/oar_860/860_tofc.html

   Participants wishing to monitor the hearing by telephone must contact Diane Davis at diane.davis@state.or.us or (503) 378-4372 by close of business November 1, 2013, to request a dial-in number. The Commission strongly encourages those planning to present oral comment at the hearing to attend in person.

Rules Coordinator: Diane Davis

Address: Public Utility Commission of Oregon, PO Box 1088, Salem, OR 97308-1088

Telephone: (503) 378-4372


Teacher Standards and Practices Commission, Chapter 584

Rule Caption: Amends licensure rules; renumbers program standards; amends process to reinstate sanctioned license

Stat. Auth.: ORS 342

Stats. Implemented: ORS 342.120–342.143, 342.153, 342.165 & 342.223–342.232

Proposed Amendments: 584-021-0130, 584-021-0150, 584-050-0005, 584-050-0006, 584-050-0015, 584-050-0018, 584-060-0181, 584-070-0012

Proposed Renumberings: 584-065-0035 to 584-018-0160, 584-065-0050 to 584-018-0155, 584-065-0100 to 584-018-0145, 584-065-0110 to 584-018-0150

Last Date for Comment: 11-7-13, 12 p.m.

Summary: 584-021-0130 — Requirements for a Professional School Nurse Certificate: Allows National School Nurse Certification to qualify for Professional School Nurse Certificate;

   584-021-0150 — Renewal for Professional School Nurse Certificate: Adds National School Nurse Certification recertification as means to renew Professional School Nurse Certificate;

   584-050-0005 — Criteria for Granting Licenses: Ensures that serious character questions responses may be referred to investigation;

   584-050-0006 – Criteria for Denying Issuance, Clearance or Reinstatement of Licenses: Narrows the circumstances that bypass the investigation process.

   584-050-0015 — Reinstatement of Suspended, Revoked, or Surrendered License or Registration Generally: Clarifies period between denial of reinstatement of a revoked or suspended license and right to file the next application for reinstatement.

   584-050-0018 — Reinstatement of Revoked License, Registration, or Right to Apply for a License, Certificate or Registration: Clarifies period between denial of reinstatement of a revoked or suspended license and right to file the next application for reinstatement.

   584-060-0181 — Substitute Teaching License: Clarifies continuing professional development requirements; length of time one may substitute in a long-term assignment; and removes ability to avoid professional development when seeking a substitute license from another renewable Oregon license.

   584-070-0012 — Initial I School Counselor License: Removes teaching experience requirement from first licensure as school counselor; removes testing requirement and makes other housekeeping changes.

Rules Coordinator: Victoria Chamberlain

Address: Teacher Standards and Practices Commission, 250 Division St. NE, Salem, OR 97301

Telephone: (503) 378-6813

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

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

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

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