Oregon Bulletin
NOTICES OF PROPOSED RULEMAKING AND
PROPOSED RULEMAKING HEARINGS
The following agencies provide Notice of Proposed Rulemaking to offer interested parties reasonable opportunity to submit data or views on proposed rulemaking activity. To expedite the rulemaking process, many agencies have set the time and place for a hearing in the notice. Copies of rulemaking materials may be obtained from the Rules Coordinator at the address and telephone number indicated.
Public comment may be submitted in writing directly to an agency or presented orally or in writing at the rulemaking hearing. Written comment must be submitted to an agency by 5:00 p.m. on the Last Day for Comment listed, unless a different time of day is specified. Written and oral comments may be submitted at the appropriate time during a rulemaking hearing as outlined in OAR 137-001-0030.
Agencies providing notice request public comment on whether other options should be considered for achieving a proposed administrative rule's substantive goals while reducing negative economic impact of the rule on business.
In Notices of Proposed Rulemaking where no hearing has been set, a hearing may be requested by 10 or more people or by an association with 10 or more members. Agencies must receive requests for a public rulemaking hearing in writing within 21 days following notice publication in the Oregon Bulletin or 28 days from the date notice was sent to people on the agency mailing list, whichever is later. If sufficient hearing requests are received by an agency, notice of the date and time of the rulemaking hearing must be published in the Oregon Bulletin at least 14 days before the hearing.
*Auxiliary aids for persons with disabilities are available upon advance request. Contact the agency Rules Coordinator listed in the notice information.
Rule
Caption: Adopt rules for
confidentiality of investigation files and update the professional standards
effective date.
Date: Time: Location:
11-15-11 9
a.m. Board
of Accountancy
3218
Pringle Rd. SE
Salem,
OR 97302
Hearing Officer: L. Patrick Hearn
Stat. Auth.: ORS 183.332, 673.410, 670.310, 673.410, 673.170, 673.400
Stats. Implemented: ORS 183.332, 673.410, 670.310, 673.170, 673.400
Proposed Amendments: 801-001-0035
Proposed Ren. & Amends: 801-010-0190 to 801-001-0040
Last Date for Comment: 12-2-11
Summary: The 2011 Legislative assembly passed HB 2067 allowing the Board
to hold pending investigations confidential until a preliminary finding or
dismissal on the matter is made.
The
professional standards as used throughout OAR Chapter 801 are those that are in
effect as of January 1, 2012.
Rules Coordinator: Kimberly Bennett
Address: Board of Accountancy, 3218 Pringle Rd. SE, Suite 110,
Salem, OR 97302
Telephone: (503) 378-2268
Rule
Caption: Adds a definition for active
status, retired status and expired status. Modifies inactive status.
Date: Time: Location:
11-15-11 9
a.m. Board
of Accountancy
3218
Pringle Rd. SE
Salem,
OR 97302
Hearing Officer: L. Patrick Hearn
Stat. Auth.: ORS 670.310
Stats. Implemented: ORS 670.310 & 673.410
Proposed Amendments: 801-005-0010, 801-005-0300
Last Date for Comment: 12-2-11
Summary: The 2011 Legislative Assembly passed HB 3181
which amends the time a license can be lapsed. In addition, the bill
modified what can and cannot be performed by a licensee who has an inactive
license.
Rules Coordinator: Kimberly Bennett
Address: Board of Accountancy, 3218 Pringle Rd. SE, Suite 110,
Salem, OR 97302
Telephone: (503) 378-2268
Rule
Caption: Increase late fees, modify
supervisor licensee requirements, modify status requirements and CPA firm
ownership amendments.
Date: Time: Location:
11-15-11 9
a.m. Board
of Accountancy
3218
Pringle Rd. SE
Salem,
OR 97302
Hearing Officer: L. Patrick Hearn
Stat. Auth.: ORS 670.310, 673.040, 673.060, 673.100, 673.150, 673.160,
197.720, 673.153, 673.220
Stats. Implemented: ORS 673.060, 673.410, 192.440, 673.297, 673.050, 673.100,
673.075, 673.040, 673.153, 673.170, 673.220
Proposed Amendments: 801-010-0010, 801-010-0040, 801-010-0065, 801-010-0073,
801-010-0075, 801-010-0079, 801-010-0080, 801-010-0085, 801-010-0110,
801-010-0115, 801-010-0120, 801-010-0125, 801-010-0130, 801-010-0340, 801-010-0345
Last Date for Comment: 12-2-11
Summary: Late filing of renewals for all license types has been increased
to match the dollar amount of the license. inactive status is amended to reflect new legislation brought forth from the passage of
House Bill 3181. New limitations of six years (3 renewal
cycles) for lapsed licenses is outlined in rule as well as reinstatement
requirements for lapsed and inactive statuses. Retired status is now available
for qualified licensees.
CPE
will be required to maintain an Inactive license.
Supervisor requirements have been modified to only allow
supervisions by an individual who us licensed in the state where the
supervision takes place.
Rules Coordinator: Kimberly Bennett
Address: Board of Accountancy, 3218 Pringle Rd. SE, Suite 110,
Salem, OR 97302
Telephone: (503) 378-2268
Rule
Caption: Establish CPE requirements
for Inactive licensees and modify reinstatement requirements, housekeeping.
Date: Time: Location:
11-15-11 9
a.m. Board
of Accountancy
3218
Pringle Rd. SE
Salem,
OR 97302
Hearing Officer: L. Patrick Hearn
Stat. Auth.: ORS 670.310, 673.040, 673.060, 673.100, 673.150, 673.160,
197.720, 673.153, 673.220
Stats. Implemented: ORS 673.060, 673.410, 192.440, 673.297, 673.050, 673.100,
673.075, 673.040, 673.153, 673.170, 673.220
Proposed Amendments: 801-040-0010, 801-040-0020, 801-040-0090, 801-040-0100, 801-040-0160
Last Date for Comment: 12-2-11
Summary: Rules were amended to establish CPE requirements for inactive
license holders. In addition, reinstatement requirements were modified to
require a licensee in lapsed status to renew to active status only.
Rules Coordinator: Kimberly Bennett
Address: Board of Accountancy, 3218 Pringle Rd. SE, Suite 110,
Salem, OR 97302
Telephone: (503) 378-2268
Rule Caption: General housekeeping and authority to grant extensions for peer
review deadline.
Date: Time: Location:
11-15-11 9
a.m. Board
of Accountancy
3218
Pringle Rd. SE
Salem,
OR 97302
Hearing Officer: L. Patrick Hearn
Stat. Auth.: ORS 673.455
Stats. Implemented: ORS 673.455
Proposed Amendments: 801-050-0010, 801-050-0020, 801-050-0040
Last Date for Comment: 12-2-11
Summary: General housekeeping items to reflect correct references to rules
and revision to allow the Board to grant an extension on deadlines relating to
peer review.
Rules Coordinator: Kimberly Bennett
Address: Board of Accountancy, 3218 Pringle Rd. SE, Suite 110,
Salem, OR 97302
Telephone: (503) 378-2268
Rule
Caption: Changes to criminal history
check procedures.
Stat.
Auth.: ORS 675.705–675.835
Stats. Implemented: ORS 675.785
Proposed Amendments: 833-120-0011, 833-120-0021, 833-120-0031, 833-120-0041
Proposed Repeals: 833-120-0011(T), 833-120-0021(T), 833-120-0031(T), 833-120-0041(T)
Last Date for
Comment: 11-30-11, 5 p.m.
Summary: Simplifies and clarifies criminal history check
process for applications for license or internship and for licensee and intern
renewals to ease the criminal background check process.
• Allows license applicants with
fingerprint based criminal history checks provided by another public agency
within one year prior to submitting a license application to submit a
verification form instead of a new fingerprint based history check.
• Adds registered interns to
requirements section
• Adds that misleading statements or
intended omissions as part of criminal background check may result in
discipline
• Adds that
criminal history checks will be conducted on each licensee or intern every 5
years
• Changes the cost of criminal history
checks from the board’s actual cost to $47.25 for each criminal history check.
Rules Coordinator: Becky Eklund
Address: Board of Licensed Professional Counselors and
Therapists, 3218 Pringle Rd. SE, Suite 250, Salem, OR 97302
Telephone: (503) 378-5499, ext. 3
Rule
Caption: Clarifies licensure and
continuing education requirements, duties of Board Chair. Implements
House Bill 2314 (2011).
Date: Time: Location:
12-9-11 8
a.m. Board
Offices
3218
Pringle Rd. SE, Suite 240
Salem,
OR 97302
Hearing Officer: Martin Pittioni
Stat. Auth.: ORS 675.510–675.600
Other Auth.: House Bill 2314 (2011) & HB 5009 (2011)
Stats. Implemented: ORS 675.530, 675.532, 675.533, 675.535, 675.537, 675.550,
675.560, 675.565, 675.571, 675.595 & 675.600
Proposed Amendments: 877-001-0020, 877-010-0015, 877-010-0020, 877-015-0105,
877-015-0108, 877-015-0136, 877-020-0005, 877-020-0008, 877-020-0010,
877-020-0016, 877-020-0036, 877-025-0006, 877-025-0011, 877-040-0050
Last Date for Comment: 12-9-11, 9 a.m.
Summary: The proposed rule revisions in effect adopt as permanent rules
the temporary rules filed by the Board of Licensed Social Workers on July 5,
2011. The proposed rule therefore proposes to make the following changes to
Board rules (OAR Chapter 877) on a permanent basis, effective January 1, 2012:
Limits applicability of LCSW late renewal fee increase to $200 adopted by the
Board effective January 1, 2011 (legislatively ratified in HB 5009–2011)
to LCSWs renewing on active status; provides Board authority to waive fees for
licensees on active military duty and deployed outside of Oregon for 90 days or
more; clarifies authority of Board Chair including administrative approvals
between Board meetings related to licensure; removes requirement that applicant
for LCSW licensure must hold LMSW license (implementing House Bill 2314 –
2011); clarifies process and requirements for out-of-state applicants for LCSW
who intend to practice prior to issuance of LCSW; specifies types of continuing
education that will meet the requirements for licensure or certification
renewal for LCSWs, LMSWs, and RBSWs; makes other housekeeping and technical
changes.
Rules Coordinator: Martin Pittioni
Address: Board of Licensed Social Workers, 3218 Pringle Rd. SE,
Suite 240, Salem, OR 97302
Telephone: (503) 373-1163
Rule
Caption: Eliminate renewal fees to
persons on active duty with the Uniformed Services of the United States.
Date: Time: Location:
11-17-11 9
a.m. 17938
SW Upper Boones
Ferry
Rd.
Portland,
OR 97224
Hearing Officer: Pat Markesino, Board President
Stat. Auth.: ORS 678.385 & 678.390
Stats. Implemented: ORS 678.370, 678.372, 678.375, 678.380 & 678.390
Proposed Amendments: 851-002-0000
Last Date for Comment: 11-15-11, 5 p.m.
Summary: These rules would eliminate renewal fees assessed while any
person holding a license or certificate with the Board is on active duty with
the Uniformed Services of the United States.
Rules Coordinator: Peggy A. Lightfoot
Address: Board of Nursing, 17938 SW Upper Bones Ferry Rd.,
Portland, OR 97224
Telephone: (971) 673-0638
Rule
Caption: Amend rule to comply with ORS
163.105(4) and ORS 144.285.
Stat.
Auth.: ORS 163.105(4) & 144.285
Stats. Implemented: ORS 163.105(4) & 144.285
Proposed Amendments: 255-032-0035
Last Date for
Comment: 11-28-11
Summary: 2009 OL Ch. 660 amended ORS 163.105(4) specifying the
interval of time that must pass before an inmate convicted of aggravated murder
is allowed to petition for a change in the terms of confinement. These
administrative rules bring the Board’s rules into compliance with the
statute(s), stating that the Board may not grant a subsequent hearing that is
less than two years, or more than 10 years, from the state the petition is
denied. The amendments provide the procedures for implementing the statutory
changes.
Rules Coordinator: Michelle Mooney
Address: Board of Parole and Post-Prison Supervision, 2575 Center
St. NE, Salem, OR 97301
Telephone: (503) 945-0914
Rule Caption: Prison Term hearings for Inmates Found Likely to be Rehabilitated.
Stat.
Auth.: ORS 144.120
Other Auth.: OAR 255-030-0012 (1982), 255-032-0005(1) (1982, 195), Janowski/Feming
v. Board of Parole, 349 Or 432 (2010), Severy/Wilson v. Board of Parole, 349 Or 461 (2010)
Stats. Implemented: ORS 144.120
Proposed Adoptions: 255-032-0037
Last Date for
Comment: 11-28-11
Summary: The Oregon Supreme Court (Janowski/Fleming v. Board
of Parole, 349 Or 432 (2010); Severy/Wilson v. Board of Parole, 349
Or 461 (2010))has found that for each inmate who has
been convicted of aggravated murder and subsequently been found likely yo be
rehabilitated within a reasonable period of time under ORS 163.105, the Board
must hold a hearing, using the procedures it deems appropriate, to set the
inmate’s parole release date according to the matrix in effect when he committed
his crime. This rule establishes the procedure and rules to be applied under
the court ruling.
Rules Coordinator: Michelle Mooney
Address: Board of Parole and Post-Prison Supervision, 2575 Center
St. NE, Salem, OR 97301
Telephone: (503) 945-0914
Rule
Caption: Amend or adopt new
Collaborative Therapy, Immunization, Intern, Pharmacy Depots, Manufacturer,
Controlled Substance and fee Rules.
Date: Time: Location:
11-22-11 9
a.m. 800
NE Oregon St.,
Conference
Rm. 1-A
Portland,
OR 97232
Hearing Officer: Courtney Frank
Stat. Auth.: ORS 689.205
Other Auth.: 2009 OL Ch. 536
Stats. Implemented: ORS 689.151, 689.155, 689.207, 689.225, 689.275, 689.645 &
689.505
Proposed Adoptions: 855-060-0004, 855-080-0103
Proposed Amendments: Rules in 855-019, 855-041, 855-080, 855-110
Last Date for Comment: 11-22-11, 4:30 p.m.
Summary: Division 19 rules amend to clarify the requirements for
Collaborative Therapy and Administration of Vaccines. Division 31 Intern rules
are amended for clarification. Division 041 Pharmacy Depot rules are amended to
update and allow for exceptions. Division 60 updates the Manufacturer rules to
more clearly identify which entities must register as
drug manufacturers. Division 80 amends the Animal Euthanasia rules to reflect
changes that were made to the Veterinary Medical Examining Board and the
elimination of Certified Animal Euthanasia Technicians. Division 110 rules
propose to permanently adopt fees that were previously established by temporary
rule in June 2011. These rules include fee increases that were necessary and
included in the Board’s 2011–13 Budget. The rules amend licensing fees
for the registration and renewal for individuals and certain drug outlets. The
temporary rule also included minor housekeeping changes. A complete copy of
these proposed rules may be found on the Board’s web site at,
www.pharmacy.state.or.us
Rules Coordinator: Karen MacLean
Address: Board of Pharmacy, 800 NE Oregon St., Suite 150, Portland,
OR 97232
Telephone: (971) 673-0001
Rule
Caption: New and amended rule language
to conform to and implement statutes relating to veterans’ employment.
Stat.
Auth.: ORS 659A.805
Other Auth.: HB 2241, HB 3207, SB 72, SB 277, Oregon Legislative Assembly 2011
Stats. Implemented: HB 2241 (List of eligible uniformed services protected
by discrimination statute), HB 3207 (requires public employers interview
veterans qualifying for eligibility list), SB 72 (clarifies definition of
disabled veteran), SB 277 (clarifies veterans’ preference for promotions),
Oregon Legislative Assembly 2011, ORS 408.225–408.235, 659A.082
Proposed Adoptions: Rules in 839-006
Proposed Amendments: 839-006-0440, 839-006-0450, 839-006-0455,
839-006-0470, 839-006-0480, Rules in 839-006
Proposed
Renumberings: Rules in 839-006
Proposed Ren. &
Amends: Rules in 839-006
Last Date for
Comment: 12-9-11, Close of Business
Summary: The proposed rules would implement HB 2241, which
expands the definition of “uniformed service” for purpose of employment protections
to match federal definitions.
The proposed rules would implement HB
3207, which requires public employers to interview each veteran who applies for
a civil service position or eligibility list and who has obtained through
military education or experience skills that substantially relate to the civil
service position.
The proposed rules would implement SB
72, which clarifies the definition of “disabled veteran” for purposes of
statutes relating to veterans’ preference in public employment.
The proposed rules would implement SB
277, which clarifies that a veteran or disabled veteran who applies for a
vacant civil service position or who seeks promotion to a civil service
position with a higher maximum salary rate is entitled to veterans’ preference.
Rules Coordinator: Marcia Ohlemiller
Address: Bureau of Labor and Industries, 800 NE Oregon St.,
Ste. 1045, Portland, OR 97232
Telephone: (971) 673-0784
Rule
Caption: Proposed Rule Revising Dates
and Notice Requirements for Development of Review Decisions and Incorporating
SMA Changes.
Date: Time: Location:
2-14-12 9
a.m. Hood
River Best Western Inn
1108
E. Marina Way
Hood
River, OR
Hearing Officer: Columbia River Gorge Commission
Stat. Auth.: ORS 196.050
Other Auth.: RCW 43.97.015; 16 USC Sec. 544d(c)(5)(A), 544e(c)(1) &
544f(l)
Stats. Implemented: ORS 196.150
Proposed Amendments: 350-081-0020, 350-081-0036, 350-081-0038, 350-081-0042,
350-081-0054, 350-081-0082, 350-081-0190, 350-081-0370, 350-081-0550,
350-081-0600, 350-081-0620
Last Date for Comment: 1-30-12
Summary: Currently, the Executive Director of the Gorge Commission must
review a development review application for completeness within 14 days after
receiving it, and must issue a decision on a standard development review
application within 72 days after accepting the application as complete and an
expedited review application within 30 days. The proposed rule changes those
time periods into goals that the Executive Director will attempt to make. The
proposed rule also eliminates the requirements that the Commission publish notices of development review applications in the
local newspaper and send a notice to the local library. Finally, the proposed
rule incorporates changes to the Management Plan for the Special Management
Areas that the Forest Service provided to the Commission in 2011 and the
Commission adopted without change.
Rules Coordinator: Nancy A. Andring
Address: Columbia River Gorge Commission, P.O. Box 730, White
Salmon, WA 98672
Telephone: (509) 493-3323
Rule
Caption: Housekeeping – cite
reference changes.
Date: Time: Location:
12-6-11 11
a.m. West
Salem Roth’s IGA
Santiam
Rm.
425
Glen Creek Rd.
Salem,
OR
Hearing Officer: Rob Yorke
Stat. Auth.: ORS 183.310–183.500, 670.310, 701.235, 701.515, 701.992
& 701.995
Stats. Implemented: ORS 87.093, 279C.590, 701.005, 701.021, 701.026, 701.042,
701.046, 701.073, 701.091, 701.098, 701.106, 701.109, 701.227, 701.335,
701.315, 701330, 701.345, 701.480, 701.485, 701.510, 701.515, 701.995 &
701.995
Proposed Amendments: 812-002-0260, 812-005-0800
Last Date for Comment: 12-6-11, Close of Hearing
Summary: 812-002-0260 and 812-005-0800 are amended to correct cite
references.
Rules Coordinator: Catherine Dixon
Address: Construction Contractors Board, 700 Summer St. NE,
Suite 300, Salem, OR 97310
Telephone: (503) 934-2185
Rule
Caption: Home Inspector Rule
Amendments to Implement SB 153 (2011).
Date: Time: Location:
12-6-11 11
a.m. West
Salem Roth’s IGA
Santiam
Rm.
425
Glen Creek Rd.
Salem,
OR
Hearing Officer: Rob Yorke
Stat. Auth.: ORS 670.310, 701.235, 701.350 & 701.355
Other Auth.: 2011 OL Ch. 79 Sec. 1
Stats. Implemented: ORS 701.081, 701.084, 701.350 & 701.355
Proposed Amendments: 812-008-0000, 812-008-0020, 812-008-0030
Last Date for Comment: 12-6-11, Close of Hearing
Summary: • 812-008-0000 is amended to implement Senate Bill 153, which
authorizes the CCB to adopt rules to determine whether an inspection and
report, which is limited to one or more specific systems or components of a
residential structure or appurtenance, is a sufficient assessment of the
overall physical condition of the structure or appurtenance to constitute the
services of a home inspector.
•
812-008-0020, as amended, reflects three types of businesses that do not
inspect the overall physical condition of homes but rather provide specialized
services. These services include energy audits, forensic evaluation and home
performance testing. Each term is defined. The term “home inspection”
specifically excludes these services. The terms “component” and “system” are
clarified with respect to home energy appliances — namely, hot water
heaters, furnaces and air conditioners.
•
812-008-0030 is amended to do the following: (1) Clarify the “grandfather”
exemption created under earlier law; and (2) Add new exemptions for: (a) energy
audit; (b) forensic evaluation; and (c) home performance testing. The
references to ORS 701.350(1) and 701.350(2) are removed from sections (1) and
(2) of the rule. Those statutory provisions do not contain express exemptions.
The only statutory exemption is for “grandfathered” contractors, in OAR
812-008-0030(3)(a).
Rules Coordinator: Catherine Dixon
Address: Construction Contractors Board, 700 Summer St. NE,
Suite 300, Salem, OR 97310
Telephone: (503) 934-2185
Rule Caption: Addresses how the department will implement Oregon Laws 2011
Chapter 436 regarding the humane treatment of egg-laying hens.
Date: Time: Location:
11-21-11 1
p.m. Oregon
Dept. of Agriculture
Hearings
Rm.
635
Capitol St. NE
Salem,
OR
Hearing Officer: Kathryn Alvey
Stat. Auth.: 2011 OL Ch. 436
Stats. Implemented:
Proposed Adoptions: 603-018-0001, 603-018-0003, 603-018-0005, 603-018-0007,
603-018-0009, 603-018-0011, 603-018-0013
Last Date for Comment: 11-29-11, 5 p.m.
Summary: Oregon Laws 2011 Chapter 436 (Senate Bill 805) requires the
department to develop administrative rules to clarify how the department will
implement the provisions of Sections 1 to 4 of the 2011 Act. These rules add
definitions, provide clarity on the humane conditions that are to be met when
confining egg-laying hens in enclosures, how to provide proof of meeting such
standards, responsibilities of distributors and purchasers of eggs and egg
products (as stipulated by law), and what information is to be included in Farm
Business Plans. These rules also include enforcement alternatives, civil
penalty implementation, and department access and subpoena authority.
Rules Coordinator: Sue Gooch
Address: Department of Agriculture, 635 Capitol St. NE, Salem,
OR 97301
Telephone: (503) 986-4583
Rule
Caption: Implementation of the wolf
depredation compensation and financial assistance grant program.
Date: Time: Location:
11-17-11 1
p.m. 635
Capitol St. NE
Salem,
OR
Hearing Officer: Staff
Stat. Auth.: 2011 OL Ch. 690
Stats. Implemented: 2011 OL Ch. 690
Proposed Adoptions: 603-019-0001, 603-019-0005, 603-019-0010, 603-019-0015,
603-019-0020, 603-019-0025, 603-019-0030, 603-019-0035
Last Date for Comment: 12-5-11
Summary: The purpose of these rules is to provide criteria and procedures
for implementation and administration of the Wolf Depredation Compensation and
Financial Assistance Grant Program. Grant funds will be awarded to qualified
county programs for compensation to persons who suffer death of or injury to
livestock or working dogs that is attributed to wolf depredation. Grant funds
may also be awarded for financial assistance to persons who implement livestock
management techniques or nonlethal wolf deterrence techniques designed to
discourage wolf/livestock interactions and reduce wold depredations. Grant
finds may also compensate counties for expenses associated with up to 90% of
the implementation of the County Program as defined in this rule.
Rules Coordinator: Sue Gooch
Address: Department of Agriculture, 635 Capitol St. NE, Salem,
OR 97301
Telephone: (503) 986-4583
Rule
Caption: Biomass-based diesel
definition and related amendments of the term “other renewable diesel.”
Date: Time: Location:
11-29-11 10–11
a.m. Oregon
Dept. of Agriculture
Hearings
Rm.
635
Capitol St. NE
Salem,
OR
Hearing Officer: Staff
Stat. Auth.: ORS 646.925 & 646.957
Stats. Implemented: ORS 646.922
Proposed Amendments: 603-027-0410, 603-027-0420, 603-027-0430, 603-027-0440, 603-027-0490
Last Date for Comment: 12-6-11, 5 p.m.
Summary: The purpose of this proposed rule is to: (1) amend the definition
of “other renewable diesel” to “biomass-based diesel” consistent with the
Federal trade Commission (FTC) definition; (2) amend language throughout the
rule associated with the term “other renewable diesel”; (3) editorial
corrections of alphabetical listings; (4) editorial renumbering due to these
proposed amendments; (5) amend dispenser labeling requirements for
biomass-based diesel to be consistent with FTC rules; (6) editorial corrections
of the word “shall” to “must” to be more consistent with the State of Oregon
rulemaking protocol; and (7) include biomass-based diesel blends not meeting
ASTM International specifications into the enforcement proceedings section of
the rule.
Rules Coordinator: Sue Gooch
Address: Department of Agriculture, 635 Capitol St. NE, Salem,
OR 97301
Telephone: (503) 986-4583
Rule
Caption: Adopts the 2011 Boiler and
Pressure Vessel Specialty Code.
Date: Time: Location:
11-15-11 9
a.m. 1535
Edgewater St. NW
Salem,
OR 97304
Hearing Officer: Mike Graham
Stat. Auth.: ORS 455.020, 480.545 & 480.550
Stats. Implemented: ORS 480.545 & 480.550
Proposed Adoptions: Rules in 918-225
Proposed Amendments: Rules in 918-225
Proposed Repeals: Rules in 918-225
Last Date for Comment: 11-18-11, 5 p.m.
Summary: The proposed rules adopt minimum safety standards for the safe installation
and operation of boilers and pressure vessels in Oregon by adopting provisions
of national boiler and pressure vessel model codes and standards. The proposed
rules adopt the model codes and standards with additional Oregon amendments
that will be referred to as the 2011 Oregon Boiler and Pressure Vessel
Specialty Code.
Additional
rules are amended to change the format of the tables with no changes to the
text.
Rules Coordinator: Stephanie Snyder
Address: Department of Consumer and Business Services, Building
Codes Division, PO Box 14470, Salem, OR 97309
Telephone: (503) 373-7438
Rule
Caption: Repeals additional counseling
fee for debt management service providers in accordance with statutory sunset.
Stat.
Auth.: ORS 697.840
Stats. Implemented: 2009 OL Ch 604 § 9a & 30
Proposed Amendments: 441-910-0000
Proposed Repeals: 441-910-0092
Last Date for
Comment: 11-30-11, 5 p.m.
Summary: During the 2009 regular session, the Legislature
passed House Bill 2191 to govern the activities of debt management service
providers. As part of the updated law, the Legislature placed statutory limits
on the amount of fees that a registered debt management service provider could
charge, including for counseling clients. During deliberations on the fee
limits, the Legislature authorized a temporary, additional counseling fee that
a registered debt management service provider may charge. In implementing the
bill, the Department of Consumer and Business Services (DCBS) adopted rules
clarifying under what circumstances a registered debt management service
provider could charge the additional counseling fee. On January 1, 2012, the
authority in statute for the additional
counseling fee sunsets and will no longer be in force.
Because the underlying authority for the rules will no longer be in force, DCBS
is proposing to repeal these implementing rules.
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: Repealing appraisal
management company rules to transfer responsibility to the Appraiser
Certification and Licensure Board.
Stat.
Auth.: 2011 OL Ch 447 § 26 (Enrolled HB
2499)
Stats. Implemented: 2011 OL Ch 447 § 6 (Enrolled HB 2499)
Proposed Repeals: 441-674-0005, 441-674-0100, 441-674-0120,
441-674-0130, 441-674-0140, 441-674-0210, 441-674-0220, 441-674-0230,
441-674-0240, 441-674-0250, 441-674-0310, 441-674-0510, 441-674-0520,
441-674-0910, 441-674-0915, 441-674-0920
Last Date for
Comment: 11-30-11, 5 p.m.
Summary: This notice proposes to repeal the entire division of
administrative rules that govern the registration and auditing of appraisal
management companies (AMCs), on the condition that the rules are superseded by
temporary or permanent rulemaking by the Appraiser Certification and Licensure
Board (ACLB). Currently, AMCs doing business in Oregon must register with the
Department of Consumer and Business Services (DCBS). In response to new federal
standards for AMCs contained within the Dodd-Frank Wall Street Reform and
Consumer Protection Act (Pub. L. 110-203), the Oregon Legislature passed
legislation to transfer authority over AMCs from DCBS to ACLB. HB 2499 takes
effect on January 1, 2012. Section 6 of the bill states that
DCBS’ rules remain in effect until “superseded or repealed by rules” of the
ACLB. In order to ensure continuity for regulated entities and to prepare
for the transition, this rulemaking activity provides notice to the general
public that DCBS’ rules governing AMCs will be permanently repealed when the
ACLB adopts temporary or permanent rules to implement HB 2499.
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: Aligns Oregon surplus lines
laws with federal Nonadmitted and Reinsurance Reform Act of 2010.
Date: Time: Location:
12-5-11 1:30
p.m. 350
Winter St. NE
Conference
Rm. F
Salem,
OR
Hearing Officer: Jeannette Holman
Stat. Auth.: ORS 731.244, 735.410, 735.425
Stats. Implemented: ORS 735.410 & 735.425 & 2011 OL Ch. 660 Sec. 5 (Enrolled
HB 2679)
Proposed Adoptions: 836-071-0501
Proposed Amendments: 836-071-0500
Last Date for Comment: 12-5-11, Close of Business
Summary: This rulemaking implements House Bill 2679 enacted in the 2011
legislative session. House Bill 2679 aligns Oregon surplus lines laws with the
Nonadmitted and Reinsurance Reform Act of 2010 (NRRA) that is part of the
federal Dodd-Frank Wall Street Reform and Consumer Protection Act. The rules
will amend the current surplus lines licensing and filing requirements rules
and provide new insured and surplus lines licensee requirements regarding
reporting of allocation information on Oregon home state risks.
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: Changes to rates and form
filing rules to reflect Interstate Insurance Product Regulation Commission
membership.
Date: Time: Location:
11-29-11 1:30
p.m. 350
Winter St. NE,
Conference
Rm. F
Salem,
OR 97301
Hearing Officer: Jeannette Holman
Stat. Auth.: ORS 731.244 & 731.296
Other Auth.: 2011 OL Ch. 520 Sec. 2–4 (Enrolled HB 2095)
Stats. Implemented: ORS 731.296, 737.205, 737.207, 742.001, 743.015, 743.018 &
2011 OL Ch. 520 (Enrolled HB 2095)
Proposed Amendments: 836-010-0000, 836-010-0011
Proposed Repeals: 836-010-0012
Last Date for Comment: 12-9-11, Close of Business
Summary: The 2007 Legislative Assembly granted authority to the Director
of the Department of Consumer and Business Services to specify by rule
categories of life insurance, annuities or disability insurance for which the
director need not consider or review an individual policy form that an insurer has
filed before approving the form for delivery or issuance for delivery in this
state if those products were approved by the Interstate Insurance Product
Regulation Commission (IIPRC). In 2011, the Legislative Assembly enacted House
Bill 2095, becoming a member of the IIPRC. As a member of the IIPRC, the rules
adopted pursuant to the 2007 legislation are no longer necessary because all
products approved by the IIPRC are now accepted in Oregon without further
review and approval. This rulemaking is necessary to remove the obsolete
references to those earlier approved products.
The
rules will take effect on and apply to products filed after
January 1, 2011, the date Oregon becomes a member of
the IIPRC.
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: Requires vendors to obtain
limited license to sell portable electronics insurance.
Date: Time: Location:
12-7-11 1:30
p.m. 350
Winter St. NE,
Conference
Rm. F
Salem,
OR 97301
Hearing Officer: Jeannette Holman
Stat. Auth.: 2011 OL Ch. 393 Sec. 7 (Enrolled HB 3411)
Other Auth.: ORS 705.135
Stats. Implemented: 2011 OL Ch. 393 Sec. 1–7 (Enrolled HB 3411)
Proposed Adoptions: 836-071-0550, 836-071-0560, 836-071-0565, 836-071-0570
Last Date for Comment: 12-14-11, Close of Business
Summary: This rulemaking implements House Bill 3411 enacted in the 2011
legislative session. House Bill 3411 requires that vendors who sell or lease
portable electronics devices, such as cell phones or electronic tablets, must
obtain a limited insurance producer license from the Department of Consumer and
Business Services before issuing, selling or offering portable electronics
insurance coverage to customers. The proposed rules will establish the vendor
application and renewal requirements, including fees, and training requirements
for a vendor’s employees, agents or authorized representatives.
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: Requirements for health
insurers’ report on services provided by expanded practice dental hygienists.
Date: Time: Location:
1-6-12 1:30
p.m. 350
Winter St. NE
Conference
Rm. F
Salem,
OR
Hearing Officer: Jeannette Holman
Stat. Auth.: ORS 731.244, 705.135
Other Auth.: 2011 OL Ch. 716 Sec. 12 (Enrolled SB 738)
Stats. Implemented: 2011 OL Ch. 716 Sec. 12 (Enrolled SB 738)
Proposed Adoptions: 836-011-0600
Last Date for Comment: 1-13-12, Close of Business
Summary: Senate Bill 738 requires that a health insurance policy covering
dental health services must cover services provided by an expanded practice
dental hygienist if the same services would be covered when provided by a
licensed dentist and the expanded practice dental hygienist has entered into a
provider contract with the insurer. Section 12 of SB 738 requires the
Department of Consumer and Business Services (DCBS) to adopt rules requiring
health insurers to report to DCBS on the reimbursement of services to expanded
practice dental hygienists and requires DCBS to report the reimbursement
information to the Oregon Board of Dentistry (OBD).
This
new rule would establish those reporting requirements for health insurers that
provide coverage for dental services in Oregon. The rule also defines “expanded
practice dental hygienist” and “health insurer” for purposes of the reporting
requirement.
Rules Coordinator: Sue Munson
Address: Department of Consumer and Business Services,
Insurance Division, 350 Winter St. NE, Rm. 440, Salem, OR 97301
Telephone: (503) 947-7272
Rule
Caption: Prompt pay requirements and
internal and external review procedures for long term care insurance.
Date: Time: Location:
1-3-12 1:30
p.m. 350
Winter St. NE,
Conference
Rm. F
Salem,
OR 97301
Hearing Officer: Jeannette Holman
Stat. Auth.: ORS 731.244, 743.655 & 2011 OL Ch. 69 Sec. 2 (Enrolled SB 88)
Other Auth.: & 2011 OL Ch. 69 Sec. 2 & 5 (Enrolled SB 88)
Stats. Implemented: ORS 743.655 & 2011 OL Ch. 69 Sec. 2, 3, 5 & 8 (Enrolled
SB 88)
Proposed Adoptions: 836-052-0768, 836-052-0770
Proposed Amendments: 836-052-0508
Last Date for Comment: 1-10-12, Close of Business
Summary: This rulemaking is necessary to implement chapter 69, Oregon Laws
2011 (Enrolled Senate Bill 88). Senate Bill 88, which became effective May 19,
2011, directs the Department of Consumer and Business Services to adopt rules
requiring prompt payment of claims and establishing internal and external
review procedures to appeal a determination about whether the conditions of a
benefit trigger have been met. This rulemaking satisfies that requirement by
establishing an internal and external appeals process for determinations
related to benefit triggers and implementing prompt pay requirements. The rules
are modeled after the National Association of Insurance Commissioners’ Model
Regulation #641, Long Term Care Insurance Model Regulations.
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: Implementation of legislation enacting state and
federal health insurance reform.
Date: Time: Location:
11-30-11 1:30
p.m. 350
Winter St. NE,
Conference
Rm. F
Salem,
OR
Hearing Officer: Jeannette Holman
Stat. Auth.: ORS 731.244, 743.018, 743.019, 743.020, 743.601743.610, 743.737,
743.754, 743.758, 743.769, 743.804, 743.814, 743.819 743.857, 743.858 &
743.862
Other Auth.: 2011 OL Ch. 500 Sec. 4 & 4a (Enrolled SB 89) & 2009 OL
Ch. 73 Sec. 2
Stats. Implemented: ORS 742.003, 742.005, 742.007, 743.018, 743.019, 743.020,
743.601, 743.610, 743.730, 743.731, 743.737, 743.754, 743.760, 743.766 to
743.769, 743.699, 743.801, 743.804, 743.806, 743.807, 743.814, 743.817,
743.819, 743.821, 7432.829, 743.837, 743.857, 743.858, 743.862 & 743A.012
& 2011 OL Ch. 500 Sec. 4 & 4a (Enrolled SB 89) & 2009 OL Ch. 73
Sec. 2
Proposed Adoptions: 836-053-0415, 836-053-0825, 836-053-0830, 836-053-0857,
836-053-0862, 836-053-1033, 836-053-1035
Proposed Amendments: 836-053-0410, 836-053-0851, 836-053-1000, 836-053-1030,
836-053-1060, 836-053-1070, 836-053-1080, 836-053-1100, 836-053-1110,
836-053-1140, 836-053-1310, 836-053-1340, 836-053-1342, 836-053-1350
Proposed Repeals: 836-053-0856, 836-053-0861, 836-053-0866
Last Date for Comment: 12-7-11, Close of Business
Summary: These rules implement provisions of Chapter 500, Oregon Laws 2011
(Enrolled Senate Bill 89). The proposed rules ensure that the Oregon Insurance
Code is consistent with the federal Affordable Care Act, the federal health
care reform law signed by President Obama on March 23, 2010; and also make
changes to Oregon administrative rules to ensure consistency with other state
and federal legislation. The changes are generally in these areas:
•
Revisions to Oregon’s rescission provisions including requirements for the
contents of the notice required to be provided to enrollees whose coverage is rescinded, and requirements and timelines for notice of
rescissions that insurers must provide to the director of the Department of
Consumer and Business Services Division.
•
Clarifying when notice requirements are triggered when an insurer takes
administrative action to cancel coverage under an individual health benefit
plan.
•
Implementing the changes made to the state continuation laws including
clarifying the requirements of the notice that insurers must send to covered
persons and qualified beneficiaries eligible for state continuation coverage;
defining or clarifying statutory terms such as “enrollee,” “certificate
holder”, “claim,” “coverage,” “dissolution,” “notice,” and “similar;” and
explaining circumstances under which a person is not considered to be a
qualified beneficiary.
• Defining requirements for cultural and linguistic appropriateness
in accordance with federal law.
•
Implementing changes to Oregon’s internal and external review processes for
adverse benefit determinations in a manner that is consistent with and approved
by federal regulators.
• A number of changes to clarify and make the rules
consistent with the statutory changes enacted by Senate Bill 89.
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: Proposed changes to Division 1, General Administrative Rules
– Penalties and others.
Date: Time: Location:
12-2-11 10
a.m. Oregon
OSHA Field Office
1140
Willagillespie, Suite 42
Eugene,
OR 97401-2101
12-7-11 10
a.m. Fremont
Place, Bldg. I
1750
NW Naito Pkwy., Suite 112
Portland,
OR 97209 2533
Hearing Officer: Sue Joye
Stat. Auth.: ORS 654.025(2) & 656.726(4)
Stats. Implemented: ORS 654.001–654.295
Proposed Amendments: 437-001-0015, 437-001-0075, 437-001-0145, 437-001-0160,
437-001-0165, 437-001-0175, 437-001-0230, 437-001-0255, 437-001-0400,
437-001-0405, 437-001-0410, 437-001-0411, 437-001-0415, 437-001-0420,
437-001-0430, 437-001-0435, 437-001-0760
Proposed Repeals: 437-001-0260
Last Date for Comment: 12-14-11
Summary: This rulemaking would make adjustments to the penalty rule to
more effectively use Oregon OSHA’s existing penalty authority. Both nationally
and at state levels, it has been suggested that Oregon OSHA penalties are not
as effective as they might be in promoting health and safety in the workplace.
The proposal grows not out of a desire to increase penalties (although many
worker advocates suggest larger penalties would be appropriate) but is instead
and effort to develop a more effective approach to use penalties to encourage
employers to comply with safety and health rules.
The
assessment of penalties takes into account a number of factors. Oregon OSHA is
proposing several changes in how penalties are calculated. The proposed changes
include:
1. increasing the difference between small employer and
large employer penalties,
2. a decrease in penalty amounts for those employers who
demonstrate “good faith” efforts to promote workplace safety and health,
3. a removal of the current decrease in penalty amounts
based on an employer’s immediate correction of violations,
4. a change in the reduction of penalties given employers
history,
5. an increase in the base penalty amount for death
violations, and
6. a change in the definition of repeat violations to
focus on repeat behavior rather than technical issues related to the code.
The
rationale for these proposals is discussed below.
1.
The change to increase the difference between small employer and large employer
penalties is proposed as a way to better motivate larger employers. The current
penalty structure may motivate the small employer but is unlikely to motivate
the larger employer to the same degree. Hence, a sliding scale with multiple
thresholds based on size of the employer is being proposed. This proposed
change would not require any additional assessment on the part of the
enforcement officer nor would it depend upon their individual judgment.
2.
An assessment of the employer’s “good faith” efforts would allow enforcement
officers to better reflect the overall commitment of a company to safety and
health. It would allow for a reduction to the base penalty amount in
recognition of an employer’s efforts put forth “ prior to the inspection”. The
proposal allows more flexibility to provide penalties appropriate to a
particular situation. A “good faith” assessment would introduce an element
requiring a judgment be made based upon an established set of criteria. Similar
to what enforcement officers currently do when assessing probability factors to
determine base penalties.
3.
The current practice of providing a reduction in penalties for employers who immediately
abate violations provides an incentive for employers to reduce employee
exposure at the time of the inspection. The proposed change to the rule takes
into account that correction of a violation is already an employer obligation
and should take place without the incentive of a penalty reduction. It may even
be argued that failure to abate violations prior to an inspection represents a
lack of good faith effort on the part of the employer. Current practice may be
viewed as rewarding undesirable behavior.
4.
A fourth proposed change to the penalty rule relates to the current 35%
reduction given employers with a better-than-average history of injuries and
illnesses. The new proposal is to reduce that adjustment to 10%. This change
would continue to credit employers who maintain a positive history over time,
but would eliminate the distortion created by relatively large penalty
adjustments on the basis of relatively small statistical variations in injury
and illness rates.
5.
The base penalty in the penalty matrix for death is increasing from $1,500 to
$2,100 for violations assessed as low/death. The base penalty for violations
assesses as medium/death are increasing from $2,500 to $3,000. The increase of
the base penalty for high/death violations will be from $5,000 to $7,000. The
increases in the penalty amounts for a death violation are simply to encourage
stronger efforts by employers to promote safety and health in the workplace.
The increase provides a stronger incentive for employers to put forth
additional compliance efforts.
6.
A change in the assessment and penalties for repeat violations is also
proposed. We often cite employers for general responsibility rules and a second
violation becomes a repeat even when the circumstances are completely
different. This change in the rule would eliminate some of those repeats. The
proposal is to change the language to more clearly identify that a repeat
violation must be a second violation that is substantially similar to the
previously cited violation
Please
visit our web site www.orosha.org
Click
‘Rules/Compliance’ in the left vertical column and view our proposed, adopted,
and final rules.
Rules Coordinator: Sue C. Joye
Address: Department of Consumer and Business Services, Oregon
Occupational Safety and Health Division, 350 Winter St. NE , Salem, OR 97301-3882
Telephone: (503) 947-7449
Rule
Caption: Proposed changes to General
Industry, Construction, Agriculture, and Maritime with federal changes from
Standards Improvement Project III.
Date: Time: Location:
11-29-11 10
a.m. Labor
and Industries Bldg.
350
Winter St. NE
Basement
– Conference Rm. F
Salem. OR 97301-3882
Hearing Officer: Sue Joye
Stat. Auth.: ORS 654.025(2) & 656.726(4)
Stats. Implemented: ORS 654.001–654.295
Proposed Adoptions: 437-002-0134, 437-002-1001, 437-002-1017, 437-002-1018,
437-002-1025, 437-002-1027, 437-002-1028, 437-002-1029, 437-002-1043,
437-002-1044, 437-002-1045, 437-002-1047, 437-002-1048, 437-002-1050,
437-002-1051, 437-002-1052; 437-003-0062, 437-003-1101, 437-003-1127,
437-003-3060
Proposed Amendments: 437-002-0005, 437-002-0120, 437-002-0140, 437-002-0220,
437-002-0340, 437-002-0360, 437-002-0364; 437-003-0001, 437-003-0015,
437-003-0096; 437-004-1110; 437-005-0001, 437-005-0002, 437-005-0003
Proposed Repeals: 437-002-0123, 437-002-0125, 437-002-0127, 437-002-0128,
437-002-0130, 437-002-0135, 437-002-0136, 437-002-0137
Last Date for Comment: 12-2-11
Summary: Oregon OSHA proposes changes to rules in general industry,
construction, agriculture, and maritime. Federal OSHA published a number of
rule changes in these industries in the June 8, 2011 Federal Register. This is
Phase III of the Standards Improvement Project (SIP III), the third in a series
of rulemaking by Federal OSHA to improve and streamline the standards. This
removes or revises individual requirements within rules that are confusing,
outdated, duplicative, or inconsistent.
Oregon
OSHA proposes to adopt the majority of the federal changes that include:
•
Personal Protective Equipment – Division 2/I, remove requirements that
employers prepare and maintain written training certification records.
•
Respiratory Protection – revise requirements for breathing-gas
containers.
•
Material Handling/Slings – revise standards in general industry,
construction, and maritime standards.
•
Commercial Division Operations – Division 2/T, remove two obsolete
recordkeeping requirements.
•
General industry and construction – remove requirements in numerous
standards for employers to transfer specific records to the National Institute
for Occupational Safety and Health (NIOSH).
•
Lead – amend trigger levels in general industry and construction.
In
connection with rule changes in the SIP III rulemaking process, Oregon OSHA is
proposing additional changes to the subdivisions and rules opened during this
rulemaking activity. We will also make reference changes to Underground
Installations in Division 3/P.
Oregon
OSHA is repealing all of Division 2/I rules with the exception of 1910.134
Respiratory Protection, 1910.137 Electrical Protective Equipment, 437-002-0138
Additional Oregon Rule for Electrical Protective Equipment, 437-002-0139
Working Underway on Water, and 437-002-1139 Working Over or In Water.
To
replace them, Oregon OSHA will adopt the new Oregon-initiated rule,
437-002-0134 Personal Protective Equipment, that includes sections covering
scope/application, hazard assessment, equipment, training, payment, fall
protection, clothing, high visibility garments, eye, head, foot, leg, hand and
skin protection.
The
change in format simplifies the existing text while making little change to the
overall rule requirements with the following exceptions:
• Modifying the hazard assessment requirement to clarify
that employers must identify hazards to the entire body, including the torso
and extremities, when performing the assessment. The assessment is currently
limited to head, hands, eyes and face and foot protection.
•
Change the fall protection component criteria to align with the systems
criteria found in 1926.502 of the construction standards. The training
requirement in this rule would also cover those parts not previously covered,
such as fall protection.
Definition
of “potable water”:
Previously,
Oregon OSHA did not adopt 1910.141(a)(1), so the SIP-III changes to the
definition of potable water must be addressed through Oregon-initiated rules.
We will maintain the current definition of potable water at Division 2/J,
437-002-0141(1)(a), Sanitation and Division 4/J, 437-004-1105(1)(b),
Sanitation. However, for consistency, we are proposing to change the definition
of potable water in Division 4/J, 437-004-1110, Field Sanitation for Hand Labor
Work, and Division 3/D, 437-003-0015 Drinking Water to the same definition.
For
Substance-specific rules:
We
propose to adopt new Oregon-initiated rules in Divisions 2/Z, 3/D, and 3/Z,
that replace the respiratory protection program paragraphs in the 1910 and 1926
substance specific rules referencing 1910.134 Respiratory Protection. The new
rules expand the 1910.134 reference to include
paragraphs (e) Medical Evaluation, and (o) Appendices. Also, notes are proposed to be added following each of these new rules
to clarify that these requirements are in addition to other medical evaluation
and respiratory-protection-related requirements in each rule.
In
most instances, the change in the requirement for a respirator medical
evaluation (1910.134(e)) is a change in timing. Employers in many instances are
already required to provide respirator medical evaluations based on contaminant
exposure and required use of a respirator. Employers subject to the
substance-specific rules would be required to provide a respirator medical
evaluation to determine the employee’s ability to wear a respirator without
adverse health effects before the employee is fit tested or required to use a
respirator in the workplace.
By
adding section (o) of 1910.134, the proposed rules specify that all the
Appendices to 1910.134 apply, providing approved procedures and respirator
protocols to employers. These include Appendix A, Fit Testing Procedures;
Appendix B-1, User Seal Check Procedures; Appendix B-2, Respirator Cleaning
Procedures; Appendix C, OSHA Respirator Medical Evaluation Questionnaire; and
Appendix D, Information for Employees Using Respirators When Not Required under
the Standard.
MOCA
– 4,4’-Methylene bis (2-chloroaniline):
As
a logical extension of the Federal OSHA SIP-III changes to 29 CFR 1910.1003, 13
Carcinogens, we propose to amend the Oregon Rules for MOCA (4,4’-Methylene bis
(2-chloroaniline)) at Division 2/Z, 437-002-0364. The requirements for
respiratory protection are updated and the requirements for
transfer of records is simplified. Most transfer of medical records to
NIOSH is eliminated with the SIP III rulemaking. The employer is required to
follow the requirements of the Respiratory Protection rule and select
appropriate respirators based on the selection criteria in 1910.134(d). (The
type of respirator to use is no longer specified.)
Please
visit our web site www.orosha.org
Click
‘Rules/Compliance’ in the left vertical column and view our proposed, adopted,
and final rules.
Rules Coordinator: Sue C. Joye
Address: Department of Consumer and Business Services, Oregon
Occupational Safety and Health Division, 350 Winter St. NE , Salem, OR 97301-3882
Telephone: (503) 947-7449
Rule
Caption: Capital Punishment (Death by
Lethal Injection).
Date: Time: Location:
11-22-11 2
p.m. Labor
and Industries Bldg.
Room
260
350
Winter St. NE
Salem,
OR, 97301
Hearing Officer: Leonard Williamson
Stat. Auth.: ORS 137.463, 137.473, 179.040, 423.020, 423.030, & 423.075
Stats. Implemented: ORS 137.463, 137.473, 179.040, 423.020, 423.030, & 423.075
Proposed Amendments: 291-024-0005 – 291-024-0090
Last Date for Comment: 11-22-11, Close of Business
Summary: On May 18, 2011, Marion County Circuit Court Judge Joseph C.
Guimond issued a Death Warrant in State v. Gary Haugen, Marion County Circuit
Court Case No. 04C46224, authorizing and commanding the Superintendent of the Oregon
State Penitentiary to execute the court’s judgment that defendant Gary Haugen
be punished by death. Adoption of these temporary rule amendments is necessary
in order for ODOC to conform its rules to ODOC’s current organizational
structure and personnel, to conform the existing rule regarding media
interviews with condemned inmates to ODOC policies regarding the same as
established in ODOC’s rule on Media Access to Designated Inmates, OAR
291-204-0060, and to make desired changes in operational policies and
procedures, including changing the time of day that executions will be carried
out by the Superintendent.
Rules Coordinator: Janet R. Worley
Address: Department of Corrections, 2575 Center St. NE, Salem,
OR 97301-4667
Telephone: (503) 945-0933
Rule Caption: Reimbursement to Counties for Costs of
Incarcerating Persons Sentenced for DUII.
Stat.
Auth.: ORS 179.040, 423.020, 423.030,
423.075, & 813.012
Other Auth.: 2011 OL Ch. 598
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 813.012
Proposed Adoptions: 291-208-010 – 291-208-0050
Last Date for
Comment: 12-22-11, Close of Business
Summary: These rules are necessary to establish the manner in
which a county may submit a claim to the Department of Corrections for
reimbursement for incarceration costs of persons who committed the crime of
Felony Driving Under the Influence of Intoxicants. These rules implement 2011
legislation, SB 395.
Rules Coordinator: Janet R. Worley
Address: Department of Corrections, 2575 Center St. NE, Salem,
OR 97301-4667
Telephone: (503) 945-0933
Rule
Caption: Use of the Static 99 to
Establish Inmate Eligibility for Participation in an AIP.
Stat.
Auth.: ORS 179.040,
421.500–421.512, 423.020, 423.030, & 423.075 & 2008 OL Ch 35
Stats. Implemented: ORS 179.040, 421.500–421.512, 423.020, 423.030,
& 423.075
Proposed Amendments: 291-062-0110, 291-062-0140
Last Date for
Comment: 12-22-11, Close of Business
Summary: These rule amendments are necessary to expressly
incorporate by reference and identify by exhibits filed with the rules the
Static 99 risk assessment tool adopted by the department to establish certain
eligibility criteria for inmates to participate in an alternative incarceration
program (AIP). Under the department’s eligibility criteria, inmates who score
six or higher on the Static 99 risk assessment tool are ineligible for
participation in an AIP.
Rules Coordinator: Janet R. Worley
Address: Department of Corrections, 2575 Center St. NE, Salem,
OR 97301-4667
Telephone: (503) 945-0933
Rule
Caption: Use of the Static 99 to
Determine an Inmate’s Eligibility for On-site Work Assignments.
Stat.
Auth.: ORS 179.040, 421.445, 423.020,
423.030 & 423.075
Stats. Implemented: ORS 179.040, 421.445, 423.020, 423.030 & 423.075
Proposed Amendments: 291-082-0105, 291-082-0110
Last Date for
Comment: 12-22-11, Close of Business
Summary: These rule amendments are necessary to expressly
incorporate by reference and identify by exhibits filed with the rules the
Static 99 risk assessment tool adopted by the department to establish specific
criteria for an inmate to be eligible for on-site work assignments. These work
assignments are on the grounds of the facility where an inmate is housed, but
outside the perimeter fence of the facility. Under the department’s eligible
criteria, inmates who score six or higher on the Static 99 risk assessment tool
are ineligible for on-site work assignments.
Rules Coordinator: Janet R. Worley
Address: Department of Corrections, 2575 Center St. NE, Salem,
OR 97301-4667
Telephone: (503) 945-0933
Rule
Caption: Amendments to Residential
Energy Tax Credit rules to align with House Bill 3672 (2011).
Date: Time: Location:
11-23-11 9:30
a.m. 625
Marion St. NE
Salem,
OR 97301
Hearing Officer: Jo Morgan
Stat. Auth.: ORS 469.160–469.180 & 2011 OL Ch. 730 Sec. 67–75
Stats. Implemented: 2011 OL Ch. 730 Sec. 67–75
Proposed Adoptions: 330-070-0029
Proposed Amendments: 330-070-0010, 330-070-0013, 330-070-0014, 330-070-0019,
330-070-0020, 330-070-0021, 330-070-0022, 330-070-0024, 330-070-0025,
330-070-0026, 330-070-0027, 330-070-0040, 330-070-0045, 330-070-0048,
330-070-0055, 330-070-0059, 330-070-0060, 330-070-0062, 330-070-0063,
330-070-0064, 330-070-0070, 330-070-0073, 330-070-0085, 330-070-0089,
330-070-0091, 330-070-0097.
Last Date for Comment: 11-30-11, 5 p.m.
Summary: The rule amendments are for changes to the Residential Energy Tax
Credit (RETC) rules. The rules are modified to change the definitions to
eliminate alternative fuel vehicles and certain appliances and establish the
appropriate level of incentive for eligible alternative energy devices.
Rules Coordinator: Kathy Stuttaford
Address: Department of Energy, 625 Marion St. NE, Salem, OR
97301
Telephone: (503) 373-2127
Rule
Caption: Water Quality Standards Rules
Revision, Rule For Klamath River Restoration Time Schedule.
Date: Time: Location:
12-6-11 6
p.m. Oregon
Institute of Technology
College
Union Auditorium
Campus
Dr.
Klamath
Falls, OR
Hearing Officer: DEQ staff
Stat. Auth.: ORS 468.020, 468B.030, 468B.035 & 468B.048
Stats. Implemented: ORS 468B.030, 468B.035 & 468B.048
Proposed Amendments: 340-041-0185
Last Date for Comment: 12-15-11, 5 p.m.
Summary: The Oregon Department of Environmental Quality proposes a rule
stating DEQ’s policy and procedures for evaluating whether to certify that the
removal of J.C. Boyle dam on the Klamath River will comply with water quality
standards. The U.S. Secretary of Interior will determine whether or not the dam
should be removed. The rulemaking clarifies DEQ’s authority and intent to allow
a time schedule for the dam removal to comply with water quality standards if
DEQ can make the findings specified in the rule. Conditions will be placed in
DEQ’s certification to protect water quality to the maximum extent practicable
during the dam removal process and to ensure that the long
term water quality and fish habitat improvements outweigh the expected
short term water quality impacts.
Rules Coordinator: Maggie Vandehey
Address: Department of Environmental Quality, 811 SW Sixth
Ave., Portland, OR 97204-1390
Telephone: (503) 229-6878
Rule
Caption: Amendments to Rules for
Commercial and Recreational Groundfish Fisheries and Fish Dealer Records and
Reports.
Date: Time: Location:
12-2-11 8
a.m. Ramada
Inn & Suites
Portland
Airport
6221
NE 82nd Ave.
Portland,
OR
Hearing Officer: Fish & Wildlife Commission
Stat. Auth.: ORS 496.138, 496.146, 496.162, 497.121, 506.109, 506.119,
506.129, 508.530 & 508.535
Stats. Implemented: ORS 496.004, 496.009, 496.162, 506.109, 506.119, 506.129,
508.025, 508.040, 508.535 & 508.550
Proposed Adoptions: Rules in 635-004, 635-006, 635-039
Proposed Amendments: Rules in 635-004, 635-006, 635-039
Proposed Repeals: Rules in 635-004, 635-006, 635-039
Last Date for Comment: 12-2-11
Summary: These amended or adopted rules, as determined justified, will
modify commercial and sport groundfish fisheries; establish annual groundfish
management measures for 2012; and modify requirements for fish dealer records
and reports, including Fish Receiving Tickets and Monthly Remittance Reports.
Housekeeping and technical corrections to the regulations may occur to ensure
rule consistency.
Rules Coordinator: Therese Kucera
Address: Department of Fish and Wildlife, 3406 Cherry Ave. NE,
Salem, OR 97303
Telephone: (503) 947-6033
Rule
Caption: Adopts Rules for Contracts
for Geoscientific Surveys and Analysis.
Stat.
Auth.: ORS 516.090
Stats. Implemented: ORS 516.035
Proposed Adoptions: 632-001-0020
Last Date for
Comment: 11-21-11, 4 p.m.
Summary: OAR 632-001-0020 Contracts for Geoscientific Surveys
and Analysis.
(1) Prior to entering into an
agreement authorized under ORS 516.035(6), the State Geologist shall consider
whether the scope of the agreement is consistent with the department’s mission
statement and applicable objectives of the strategic plan and the extent to
which the agreement will benefit the citizens of Oregon.
(2) The State Geologist shall report
annually to the Governing Board on the number and dollar value of agreements
that were executed under the authority of ORS 516.035(6).
Rules Coordinator: Gary W. Lynch
Address: Department of Geology and Mineral Industries, 229
Broadalbin St. SW, Albany, OR 97321
Telephone: (541) 967-2053
Rule
Caption: Abuse of Mistreatment
Reporting and Protective Services in Community Programs for Adults with Developmental
Disabilities.
Stat.
Auth.: ORS 179.040 & 409.050
Other Auth.: HB 2009, enacted in 2009 OL Ch. 595, Sec. 19-25
Stats. Implemented: ORS 430.735–430.765, 443.400–443.460 &
443.705–443.825
Proposed Amendments: 407-045-0250, 407-045-0260, 407-045-0280,
407-045-0290, 407-045-0320
Last Date for
Comment: 11-22-11, 5 p.m.
Summary: These proposed rules remove any references to “mental
illness” in community programs serving adults with mental illness. The mental
health portion of the program has moved under the Oregon Health Authority as
part of HB 2009 which created the Oregon Health
Authority and transferred to the Authority the Department of Human Services’
divisions responsible for health and health care. Amendments were also made to
align the rules with current practice and to clarify language.
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: Privacy Rules Setting Forth
General Procedures Governing the Collection, Use and Disclosure of Protected
Information.
Stat.
Auth.: ORS 409.050
Other Auth.: HB 2009, enacted in 2009 OL Ch. 595, Sec. 19-25 &
45 CFR parts 160-164
Stats. Implemented: ORS 409.010 & 433.045
Proposed Adoptions: 407-014-0015
Proposed Amendments: 407-014-0000, 407-014-0020, 407-014-0030, 407-014-0040,
407-014-0050, 407-014-0060, 407-014-0070
Proposed Repeals: 407-014-0000(T), 407-014-0015 (T), 407-014-0020(T),
407-014-0030(T), 407-014-0040(T), 407-014-0050(T), 407-014-0060(T), 407-014-0070(T)
Last Date for
Comment: 11-22-11, 5 p.m.
Summary: These rules govern the collection, use and disclosure
of protected information by the Department about individuals and to explain the
rights and specific actions that individuals may take or request to be taken
regarding the uses and disclosures of their protected information. The proposed
adoption and amendment of these rules also set forth Department requirements
governing the use and disclosure of protected health information for purposes
of HIPAA, 42 USC 1320-d through 1320d-8, Pub L 104-191, sec. 262 and 264, and
the implementing HIPAA privacy rules, 45 CFR parts 160 and 164. Adoption of
these proposed rules will repeal the temporary rules,
currently in effect through December 27, 2011.
Proposed rules are available on the
DHS website: http://www.oregon.gov/DHS/admin/dwssrules/index.shtml
For hardcopy requests, call: (503)
947-5250.
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 and Repeal of Abuse
of Individuals in State Hospitals and Residential Training Centers.
Stat.
Auth.: ORS 179.040 & 409.050
Other Auth.: HB 2009, enacted in 2009 OL Ch. 595, Sec. 19-25
Stats. Implemented: ORS 179.390, 426.385, 427.031, 430.210,
430.735–430.765
Proposed Amendments: 407-045-0400
Proposed Repeals: 407-045-0410, 407-045-0420, 407-045-0430,
407-045-0440, 407-045-0450, 407-045-0460, 407-045-0470, 407-045-0480,
407-045-0490, 407-045-0500, 407-045-0510, 407-045-0520, 407-045-0400(T)
Last Date for
Comment: 11-22-11, 5 p.m.
Summary: HB 2009 (2009) created the Oregon Health Authority
(Authority) and transferred to the Authority the Department of Human Services’
(Department) divisions with respect to health and health care. Effective July
1, 2011, a temporary rule was filed to move these rules (OAR 407-045-0400 to
407-045-0520) to the Authority’s rule chapter, OAR 943-045-0400 to 943-0400, as
part of the operational transfer from functions previously performed by the
Department as a result of HB 2009 (2009). With the creation of this new agency,
the administration of state hospitals has moved to the Authority. These rules
are needed to reflect the separation of the Department and the Authority. Upon
amendment of these proposed rules, the current temporary rules will be
repealed.
These 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: Changing OARs affecting Child
Welfare programs.
Date: Time: Location:
11-22-11 8:30
p.m. 500
Summer St. NE, Rm. 255
Salem,
OR
Hearing Officer: Annette Tesch
Stat. Auth.: ORS 409.050, 418.005 & 418.640
Stats. Implemented: ORS 409.010, 418.005 & 418.625–418.645
Proposed Amendments: 413-200-0270, 413-200-0272, 413-200-0274, 413-200-0276,
413-200-0278, 413-200-0281, 413-200-0283, 413-200-0285, 413-200-0287,
413-200-0289, 413-200-0292, 413-200-0294, 413-200-0296
Last Date for Comment: 11-25-11, 5 p.m.
Summary: These rules (OAR 413-200-0270 through 413-200-0296) about
Department responsibilities for certification and supervision of foster
parents, relative caregivers, and adoptive applicants are being amended to
promote child safety, clarify the Department’s responsibilities, clarify when
declaration of citizenship status is required, prohibit electronic monitoring
devices as a mechanism to manage behavior, and update the rules to match
current practices.
OAR
413-200-0270 about the purpose of the Department’s rules concerning Department
responsibilities for certification and supervision of foster parents, relative
caregivers, and adoptive applicants is being amended to clarify the purpose of
the rules, making the distinction between a certified family and an adoptive
applicant.
OAR
413-200-0272 about the definitions of key terms used in these rules is being
amended to add current and remove and revise outdated definitions of certain
terms used throughout these rules.
OAR
413-200-0274 about the responsibilities for certification of foster parents and
relative caregivers and assessment of an adoptive applicant is being amended to
clarify the processes which must be completed during the assessment and
certification of a foster parent or relative caregiver, and the assessment of
an adoptive applicant.
OAR
413-200-0276 about determining the maximum number of children placed in the
home is being amended to clarify how the Department determines the maximum
number for which the home is certified.
OAR
413-200-0278 about the Department responsibilities for issuing a certificate of
approval is being amended to state the responsibilities of the supervisor for
both expedited and two-year certificates of approval.
OAR
413-200-0281 is being amended to clarify requirements regarding respite
providers and babysitters and to state when criminal history checks will be
conducted on respite providers.
OAR
413-200-0283 is being amended to state the timeframes for home visits during
the period of an expedited certificate of approval.
OAR
413-200-0285 is being amended to clarify when a Placement Support Plan is
required.
OAR
413-200-0287 is being amended to state the responsibilities for recertification
of a home and to describe circumstances when a two year certificate of approval will not expire.
OAR
413-200-0289 is being amended to state when a child-specific certificate of
approval will terminate.
OAR
413-200-0292 is being amended to state circumstances when individualized
training plans may be approved in connection with the recertification of a
previously certified home.
OAR
413-200-0294 is being amended to clarify certifier responsibilities for
inactive referral status.
OAR
413-200-0296 is being amended to state circumstances when a certificate of
approval must be revoked and circumstances when, despite an expiration date, a
certificate of approval will not expire.
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 November 25, 2011 at 5:00 p.m. Written comments
may be submitted via e-mail to Annette.Tesch@state.or.us, faxed to
503-373-7032, or mailed to Annette Tesch, Rules Coordinator, DHS - Children,
Adults, and Families Division, 500 Summer Street NE, E-48, Salem, Oregon,
97301. The Department provides the same consideration to written comment as it
does to any oral or written testimony provided at the public hearing.
Rules Coordinator: Annette Tesch
Address: Department of Human Services, Children, Adults and
Families Division: Child Welfare Programs, 500 Summer St. NE, E-48, Salem, OR
97301-1066
Telephone: (503) 945-6067
Rule
Caption: Changing OARs affecting Child
Welfare programs.
Date: Time: Location:
11-22-11 8:30
a.m. 500
Summer St. NE, Rm. 255
Salem,
OR
Hearing Officer: Annette Tesch
Stat. Auth.: ORS 409.050, 418.005 & 418.640
Stats. Implemented: ORS 409.010, 418.005 & 418.625–418.645
Proposed Amendments: 413-200-0301, 413-200-0305, 413-200-0306, 413-200-0308,
413-200-0314, 413-200-0335, 413-200-0348, 413-200-0352, 413-200-0354,
413-200-0358, 413-200-0362, 413-200-0371, 413-200-0377, 413-200-0379,
413-200-0383, 413-200-0386, 413-200-0388, 413-200-0390, 413-200-0393,
413-200-0394, 413-200-0395, 413-200-0396
Last Date for Comment: 11-25-11, 5 p.m.
Summary: These rules (OAR 413-200-0301 through 413-200-0396) about
certification standards for foster parents, relative caregivers, and potential
adoptive resources are being amended to promote child safety, clarify the
certification standards, clarify when a declaration of citizenship status is
required, prohibit electronic monitoring devices as a mechanism to manage
behavior, and update the rules to match current practices.
OAR
413-200-0301 about the purpose of the Department’s rules regarding the
certification standards is being amended to clarify the purpose of the rules.
OAR
413-020-0306 about the definitions of key terms used in these rules is being
amended to add current and remove and revise outdated definitions of certain
terms used throughout these rules.
OAR
413-200-0308 about the personal qualifications of applicants and certified
families is being amended to add current personal qualifications and clarify
when declaration of citizenship status is required.
OAR
413-200-0314 is being amended to restate the process to apply to become a
certified family or an approved adoptive applicant.
OAR
413-200-0335 about the certification standards regarding the home environment
is being reorganized and amended to clarify when carbon-monoxide detectors are
required.
OAR
413-200-0348 about the number of children and young adults in the home is being
amended to clarify maximum numbers of children in the home.
OAR
413-200-0352 is being amended to restate that a certified family must work
cooperatively with the Department regarding specific care requirements for a
child or young adult.
OAR
413-200-0354 is being amended to restate the requirements that a certified
family has regarding monitoring the ongoing progress of a child’s education.
OAR
413-200-0358 about certification standards regarding a child’s discipline is
being amended to clarify differences between discipline and punishment. It is
also being amended to state when specific training is required if physical
restraint is used.
OAR
413-200-0362 about a child’s physical and mental health care is being amended
to clarify the certified family’s responsibilities in ensuring appropriate
physical and mental health care and documentation requirements.
OAR
413-200-0371 is being amended to clarify the type of criminal history
background check required for a respite care provider.
OAR
413-200-0379 about required training is being amended to state when
individualized training plans can be approved by the
Department.
OAR
413-200-0383 about notifications is being amended to clarify when the
Department must be notified of changes in the home, surrounding property or
type of care which the certified family wishes to
provide.
OAR
413-200-0388 is being amended to clarify the purpose of the assessment of the
certified home during a home visit.
OAR
413-200-0390 about maintaining a certificate of approval is being amended to
state circumstances when a certificate will not expire.
OAR
413-200-0393 about inactive referral status is being amended to correct the
title of a related set of administrative rules.
OAR
413-200-0394 is being amended to clarify circumstances when a certificate of
approval is terminated and when a certificate of approval does not expire.
OAR
413-200-0395 is being amended to clarify the circumstances when a certificate
will not expire during a revocation process.
OAR
413-200-0396 is being amended to update the rule and make it consistent with
other rules about the contested case process.
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 November 25, 2011 at 5:00 p.m. Written comments
may be submitted via e-mail to Annette.Tesch@state.or.us, faxed to
503-373-7032, or mailed to Annette Tesch, Rules Coordinator, DHS - Children,
Adults, and Families Division, 500 Summer Street NE, E-48, Salem, Oregon,
97301. The Department provides the same consideration to written comment as it
does to any oral or written testimony provided at the public hearing.
Rules Coordinator: Annette Tesch
Address: Department of Human Services, Children, Adults and
Families Division: Child Welfare Programs, 500 Summer St. NE, E-48, Salem, OR
97301-1066
Telephone: (503) 945-6067
Rule
Caption: Changing OARs affecting
public assistance, medical assistance, or Supplemental Nutrition Assistance
Program clients.
Date: Time: Location:
11-22-11 10
a.m. 500
Summer St. NE, Rm. 255
Salem,
OR
Hearing Officer: Annette Tesch
Stat. Auth.: ORS 93.268, 409.050, 410.070, 410.075, 411.060, 411.070, 411.083,
411.400, 411.404, 411.598, 411.600, 411.704, 411.706, 411.816, 411.892,
412.006, 412.009, 412.014, 412.016, 412.017, 412.049, 412.114, 412.124,
414.025, 414.115, 414.231, 414.712, 414.826, 414.831, 414.839, 416.340,
416.350, 2011 Oregon Laws 604, HB 2049 (2011)
Other Auth.: 42 USC 602(a), 42 USC 1396b, 42 USC 1396e, 42 USC 1396p, 98 CFR
42, 42 CFR 433.36, 42 CFR 435.916, 42 CFR 435.930, 20 CFR 416.2099, 7 CFR
273.2(i), 7 CFR 273.9(c)(5), P.L. 92-336, Oregon Medicaid/State Children’s
Health Insurance Program (SCHIP) Health Insurance and Flexibility and
Accountability (HIFA) Section 115 Demonstration
Stats. Implemented: ORS 409.010, 409.050, 410.070, 410.075, 411.010, 411.060,
411.070, 411.083, 411.117, 411.400, 411.404, 411.439, 411.598, 411.600,
411.694, 411.700, 411.704, 411.706, 411.708, 411.795, 411.816, 411.892,
412.001, 412.006, 412.009, 412.014, 412.016, 412.017, 412.042, 412.049,
412.064, 412.084, 412.114, 412.124, 414.025, 414.115, 414.231, 414.712,
414.826, 414.831, 414.839, 416.310, 416.340, 416.350, 2011 Oregon Laws 207,
2011 Or Laws 212 section 2, 2011 Or Laws 212 section 13, 2011 Oregon Laws 604,
2011 Or Laws 720 section 224, HB 2049 (2011)
Proposed Adoptions: 461-115-0016, 461-135-0485
Proposed Amendments: 461-001-0025, 461-115-0030, 461-115-0050, 461-115-0230,
461-115-0690, 461-130-0327, 461-130-0330, 461-130-0335, 461-135-0089,
461-135-0475, 461-135-0780, 461-135-0832, 461-135-0845, 461-135-0950,
461-135-0990, 461-135-1195, 461-145-0130, 461-145-0220, 461-145-0410,
461-155-0150, 461-155-0180, 461-155-0235, 461-155-0250, 461-155-0270,
461-155-0300, 461-155-0320, 461-155-0360, 461-160-0015, 461-160-0580,
461-160-0620, 461-175-0290, 461-180-0050, 461-180-0070, 461-180-0085,
461-180-0130
Proposed Repeals: 461-115-0016(T), 461-115-0030(T), 461-115-0050(T),
461-115-0230(T), 461-115-0690(T), 461-130-0330(T), 461-130-0335(T),
461-135-0089(T), 461-135-0485(T), 461-135-0950(T), 461-135-0960,
461-135-1195(T), 461-145-0410(T), 461-155-0320(T), 461-155-0528, 461-155-0575,
461-155 -0693, 461-160-0015(T), 461-180-0050(T), 461-180-0070(T)
Last Date for Comment: 11-25-11, 5 p.m.
Summary: OAR 461-001-0025 about the definitions of terms, components, and
activities in the Job Opportunity and Basic Skills (JOBS), Post-Temporary
Assistance for Needy Families (Post-TANF), Pre-Temporary Assistance for Needy
Families (Pre-TANF), and Temporary Assistance for Needy Families (TANF)
programs is being amended in response to recent legislation (House Bill 2049
(2011)) to add and revise the definitions of certain terms used throughout the
chapter 461 administrative rules.
OAR
461-115-0016 is being adopted to establish policies for a reservation list in
the Employment Related Day Care program. This rule can be implemented as budget
needs arise to keep caseload within budget levels and caps in accordance with
legislative funding. This rule indicates which clients remain eligible once the
reservation list is in place, which clients are placed on the reservation list,
and how clients move from the reservation list into the program. This rule is
also being adopted to make permanent the temporary rule adopted on August 1,
2011.
OAR
461-115-0030 is being amended to align how the Department determines the date
of request for purposes of eligibility for current recipients of benefits in
the Continuous Eligibility for OHP-CHP Pregnant Women (CEC), Continuous
Eligibility for Medicaid (CEM), Extended Medical Assistance (EXT), Healthy
KidsConnect (HKC), Medical Assistance Assumed (MAA), Medical Assistance to
Families (MAF), Oregon Health Plan (OHP), Oregon Supplemental Income Program
Medical (OSIPM), Refugee Assistance Medical (REFM), and Medical Coverage for
Children in Substitute or Adoptive Care (SAC) programs. This amendment aligns
the processes for recipients of these programs who are sent an auto-pend (DHS
Form 945) with those who are sent a DHS 6623 at medical redetermination. When
either form is sent, the Department or the Oregon Health Authority has
established a date of request on behalf of the recipient. This rule is also
being amended to make permanent changes made by temporary rule on August 1,
2011.
OAR
461-115-0050 is being amended as part of the implementation of HB 3536 (2011)
to indicate when clients who have had their medical case suspended as a result
of incarceration with an anticipated stay of one year or less do not need a new
application to resume medical benefits.
OAR
461-115-0230 about interviews of clients is being amended to make permanent
temporary changes that were made on July 22, 2011 changing the interview
policies in the Supplemental Nutrition Assistance Program (SNAP). The statement
about face-to-face SNAP interviews occurring is removed, and interviews for
expedited SNAP may no longer be postponed. This rule is also being amended to
clarify when hardship criteria must be met for waiving a face
to face interview. Currently, this rule indicates that all programs except
BCCM, HKC, MAA, MAF, OHP and SAC must meet the hardship criteria to waive the
face-to-face interview; it is being amended to reflect that only the TANF
program requires the hardship criteria to be met.
OAR
461-115-0690 about verification is being amended to reflect that interviews
cannot be postponed for expedited SNAP households. Interviews must be conducted
prior to an eligibility determination being made. This amendment makes a
temporary rule change from July 22, 2011 permanent.
OAR
461-130-0327 about what the Department considers to be good cause for
non-participation in a Department employment program is being amended to
include good cause for non-participation if there are no appropriate activities
available or support services to support an activity. This rule is also being
amended to make permanent changes made by temporary rule on July 1, 2011.
OAR
461-130-0330 about the disqualification penalty in the Department’s Temporary
Assistance for Needy Families program is being amended to change the levels of
disqualifications and the penalty in the final month in the Job Opportunity and
Basic Skills (JOBS) program. The amendment also adds a two
month ineligibility period if a client does not begin cooperation in the
final month of disqualification. As a result of legislative changes during the
2011 legislative session, the levels and penalty for non-cooperation in the
JOBS program are being changed. The amendment changes the levels of
disqualification from four to two. There are three months in the first level
and one month in the second level. The amendment also stipulates that a client
who does not begin cooperation in the second level month will have the TANF
grant closed and would not be eligible for TANF program benefits for
two-consecutive month. This amendment also makes permanent changes adopted by
temporary rule on October 1, 2011.
OAR
461-130-0335 about removing a disqualification penalty and the effects on
benefits is being amended to change how a disqualification is ended depending
on the level of disqualification in the Temporary Assistance for Needy Families
(TANF) program. In the first level of disqualification a disqualified
individual must cooperate for two consecutive weeks in all activities of a new
or revised case plan. In the second level of disqualification, the disqualified
individual must begin the two consecutive weeks of cooperation prior to the end
of the month or their TANF grant will be closed for two consecutive months,
after which the individual would need to re-apply for TANF program benefits. If
the individual begins and cooperates for the two consecutive months, TANF
benefits are restored effective the date the two consecutive weeks ended. As a
result of legislative changes during the 2011 legislative session, the levels
and penalty for non-cooperation in the JOBS program are being changed. This
amendment was needed to comply with the legislative changes. This rule is also
being amended to clarify the meaning of the term “household” and to make
permanent the changes made by temporary rule on October 1, 2011.
OAR
461-135-0089 about the disqualification penalty for non
cooperation with substance about and mental health requirements in the
Department’s Temporary Assistance for Needy Families program is being amended
to describe how to end a penalty imposed under OAR 461-135-0085. The amendment
specifies what a client must do in order to end a disqualification imposed
under OAR 461-135-0085. These changes are a result of legislative changes
during the 2011 legislative session, the levels and penalty for non-cooperation
in the JOBS program is being changed. This rule is also being amended to make
permanent changes adopted by temporary rule on October 1, 2011.
OAR
461-135-0475 about the specific requirements for the Pre-TANF program is being
amended to implement HB 2049 (2011) and address budget constraints that reduce
TANF program service levels. These amendments set out the requirements for
employability screenings and participating in an overview of the JOBS program.
This rule is also being amended to set out the reductions to basic living
expenses payments for shelter, utility and household supplies in the Pre-TANF
program. This rule is also being amended to change the basic living expenses
payment from 200 percent of the TANF payment standard for the benefit group to
100 percent of the payment standard. This rule is also being amended to clarify
the availability of support services payments for Pre-TANF clients. This rule
is also being amended to make permanent changes to this rule made by temporary
rule on July 1 and October 1, 2011.
OAR
461-135-0485 is being adopted to implement HB 2049 (2011) by setting out the
requirements to complete an employability assessment and orientation for the
Job Opportunity and Basic Skills (JOBS) program. These are new requirements for
individuals applying for the Temporary Assistance to Need Families (TANF)
program. This rule is also being adopted to make the permanent the temporary
rule adopted on October 1, 2011.
OAR
461-135-0780 about eligibility for Pickle Amendment clients in the OSIPM
program, 461-145-0220 about treatment of the home, 461-155-0250 about income
and payment standard for OSIPM, 461-155-0270 about room and board standards for
OSIPM, 461-155-0300 about shelter-in-kind standard for OSIP, OSIPM and QMB,
461-160-0015 about resource limits, 461-160-0580 about excluded resources
(community spouse provision) OSIPM program (except OSIP-EPD and OSIPM-EPD), and
461-160-0620 and income deductions and client liability for Long Term Care
Services and Waivered Services are being amended to adjust these standard to
reflect the annual federal cost of living adjustments that happen every
January. These amendments keep Oregon in line with current federal standards
for Department Medicaid programs and changes in the cost of living.
OAR
461-135-0832 about definitions for the estate recovery program is being amended
to include a definition for a new type of real property deed, created by Oregon
Laws 2011, chapter 212, known as a “Transfer on Death Deed.”
OAR
461-135-0845 about valuation of life estates, transfer on death deeds,
reversionary interest, and property is being amended to clarify that the new
“Transfer on Death Deeds” created by Oregon Laws 2011, chapter 212 are subject
to estate recovery claims for recoverable public assistance, and to establish
how they will be valued for estate recovery purposes.
OAR
461-135-0950 is being amended as part of the implementation of HB 3536 (2011)
to state that clients who become incarcerated for less than 12 months may have
their medical benefits suspended rather than closed. This legislation was based
on a request by local jails that have been experiencing an influx of inmates
with high medical needs. These inmates have had their medical benefits terminated
upon incarceration, and were not able to get their benefits reinstated upon
release without completing a new application and/or submitting a reservation
list request for OHP benefits. Reinstating medical benefits without a new
application when an individual reports their release timely result in more
timely medical benefits. This rule is also being amended to include the age
criteria previously in OAR 461-135-0960 for individuals in state psychiatric
institutions and training centers for the Oregon Supplemental Income Program
Medical (OSIPM) and Medical Coverage for Children in Substitute or Adoptive
Care (SAC) programs. The age criteria are being corrected from under the age of
21 to under the age of 22, and the section about a State Training Center is
being removed because there are no longer any such training centers in
existence. This rule is also being amended to make permanent changes adopted by
temporary rule on October 1, 2011.
OAR
461-135-0960 regarding the age criteria for Oregon Supplemental Income Program
Medical (OSIPM, assistance to the aged and people with disabilities) and
Children in Substitute or Adoptive Care (SAC) when the individual is in a State
Psychiatric Institution or Training Center is being repealed because this topic
is now being covered in OAR 461-135-0950, where the information is being
updated and corrected. This repeal will make permanent a temporary rule
suspension adopted on October 1, 2011.
OAR
461-135-0990 about reimbursement of cost-effective, private or employer-sponsored
health insurance premiums is being amended to align it with the revision of OAR
410-120-1960 by the Oregon Health Authority and revise who may be reimbursed for private or employer-sponsored health insurance premiums.
OAR
461-135-1195 about the specific eligibility requirements for the Department’s
State Family Pre-SSI/SSDI (SFPSS) program is being amended to expand
eligibility to one-adult families with each child in the household are on
Social Security Income (SSI). As a result of budget constraints during the 2011
legislative session, the SFPSS grants are being reduced by
removing enhanced grants. The grant will equal what the clients would
have been receiving in a Temporary Assistance for
Needed Families (TANF) grant. Because of this change, families with one adult
where their child or all their children in the household are receiving SSI will
have an SFPSS grant equal to a TANF grant. Prior to the grant amount changing,
these families would have received less on SFPSS than TANF. Therefore they were
not allowed to be on SFPSS program. They were provided all other SFPSS
services. This rule is also being amended to make permanent temporary rule
amendments adopted on October 1, 2011.
OAR
461-145-0130 about how earned income is treated in the eligibility process for
several Department programs is being amended to remove an incorrect reference
concerning cafeteria benefits plans and SNAP earned income deductions, and to
clarify that a reimbursed cafeteria-style benefits cannot be excluded when
reimbursed and are counted as earned income.
OAR
461-145-0410 about how benefits from one program are treated in determining
eligibility for another program is being amended to remove a reference to a
repealed rule affecting the TANF program.
OAR
461-155-0150 about child care eligibility standards, payment rates, and
copayments in the ERDC, JOBS, JOBS Plus, and TANF programs is being amended to
change the definitions of infants and toddlers for the purpose of setting DHS
rates to licensed (registered or certified) child care providers. Licensed
providers will receive infant rates up to 18 months instead of up to 12 months.
OAR
461-155-0180 is about the poverty related income standards in the Department’s
public assistance, medical and SNAP programs. This rule is being amended to
reflect the annual increase in the federal poverty guidelines. The Department
converts the annual poverty guidelines published in the Federal Register to a
monthly, rounded amount and uses the result to determine the new income limits.
OAR
461-155-0235 is about the premium standards for the Oregon Health Plan Standard
(OHP-OPU). This rule is being amended to reflect the annual increase in the
federal poverty guidelines. The Department and the Oregon Health Authority
(OHA) convert the annual poverty guidelines published in the Federal Register
to a monthly, rounded amount and uses the result to determine the amount of
premium billed for each OHP Standard client who is required to pay a monthly
premium. Some OHP Standard clients are exempt from the premium requirement.
OAR
461-155-0320 about the payment standard for the Department’s State Family
Pre-SSI/SSDI (SFPSS) program is being amended to set new and lower payment
standards. As a result of budget constraints during the 2011 legislative session, the SFPSS grants are being reduced by removing enhanced grants. The grant will equal what the clients would have been receiving in a Temporary Assistance for Needed Families (TANF) grant.
This rule is also being amended to make permanent changes made by temporary
rule on August 19, 2011.
OAR 461-155-0360 about requirements for clients to pursue
cost-effective employer sponsored health insurance is being amended to align
this rule with revision of OAR 410-120-1960 by the Oregon Health Authority.
This amendment removes the step by step instructions for field workers on how
to determine cost effective employer-employer sponsored health insurance for
the purpose of applying OAR 461-120-0345, and states that the Health Insurance
Group determines if employer sponsored health insurance meets the criteria for
the purpose of applying OAR 410-120-1960 as well as OAR 461-120-0345 for
failure to pursue cost effective employer sponsored insurance.
OAR
461-155-0528 about emergency assistance payments in the Oregon Supplemental
Income Program Medical (OSIPM) program is being repealed. This repeal will have
the effect of making the temporary changes to this rule on August 1, 2011
permanent.
OAR
461-155-0575 about in-home supplemental payments in the Oregon Supplemental
Income Program Medical (OSIPM) program is being repealed. This repeal will have
the effect of making the temporary changes to this rule on July 15, 2011
permanent.
OAR
461-155-0693 about transportation services payments in the Oregon Supplemental
Income Program Medical (OSIPM) program is being repealed. This repeal will have
the effect of making the temporary changes to this rule on July 15, 2011
permanent.
OAR
461-160-0015 is being amended to update the resource limit for SNAP households
that include at least one member who is elderly or an individual with a
disability. The resource limit for these SNAP households prior to October 1,
2011 is $3,000. Based on an increase in the Consumer Price Index (CPI) the new
resource limit as of October 1, 2011 is $3,250. There is no change in the
resource limit for other SNAP households. This amendment makes permanent the
temporary rule change from October 1, 2011
OAR
461-175-0290 about overpayment repayment notices is being amended to clarify
when notices are sent to reduce benefits for recovery of an overpayment.
OAR
461-180-0050 about effective date for suspending or closing benefits or Job
Opportunity and Basic Skills (JOBS) support services is being amended to fix a
conflict between two rules and correct an error applicable to TANF program
notices, changing the reference to the notice period from 30 to 45 days. This
rule is also being amended as part of the implementation of HB 3536 (2011) to
set out the policy on the effective date for suspending benefits for inmates.
This rule is also being amended to make permanent changes made by temporary
rule on October 1, 2011.
OAR
461-180-0070 about effective dates for initial month of benefits is being
amended to clarify the initial date for TANF benefits when a client has
received Pre-TANF benefits in the context of other changes to the Pre-TANF
program due to state legislation and budget constraints. This rule is also
being amended to make permanent changes made by temporary rule on October 1,
2011.
OAR
461-180-0085 about redetermining medical eligibility prior to reducing or
ending medical benefits is being amended to change how it specifies who will
remain eligible if additional information is needed to make an eligibility
decision after the Department initiates a redetermination.
OAR
461-180-0130 about the restoration of benefits is being amended to make
permanent a temporary rule change adopted October 1, 2011 so that the effective
date for restoring benefits that have been suspended refers to the policy in
OAR 461-135-0950(8) which sets effective dates for restoring medical benefits
of inmates who have had medical benefits suspended. This rule is also being
amended to make permanent a temporary rule change adopted June 29, 2011 to
align the time period for clients in the TANF program to be eligible for
restoration of administrative error underpayments with the time period for the
SNAP program and with other public assistance programs covered by the rule.
This amendment shortens the time period for the TANF program.
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 November 25, 2011 at 5:00 p.m. Written comments
may be e-mailed to Annette.Tesch@state.or.us, faxed to 503-373-7032, or mailed
to Annette Tesch, Rules Coordinator, DHS - Children, Adults, and Families
Division, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The Department
provides the same consideration to written comment as it does to any oral or
written testimony provided at the public hearing.
Rules Coordinator: Annette Tesch
Address: Department of Human Services, Children, Adults and
Families Division: Self-Sufficiency Programs, 500 Summer St. NE, E-48, Salem,
OR 97301
Telephone: (503) 945-6067
Rule
Caption: Implements 2011 legislative
changes to child support; partner access to support records; and LEP services.
Stat.
Auth.: ORS 25.020, 25.080, 25.082,
25.125, 25.245, 25.260, 25.270–25.290, 25.323, 25.414, 25.610, 25.750,
180.345, 416.455 & 293
Other Auth.: 28 CFR 42.405
Stats. Implemented: ORS 18.345, 18.645, 25.020, 25.080, 25.082, 25.085,
25.125, 25.245, 25.260, 25.270–25.290, 25.321–25.343, 25.414,
25.610, 25.670, 25.750, 30.701, 107.108, 107.135, 127.005, 183.415, 411.320,
416.415, 416.422, 416.425 & 416.429
Proposed Adoptions: 137-055-2100
Proposed Amendments: 137-050-0750, 137-055-1100, 137-055-1140,
137-055-1800, 137-055-2160, 137-055-3220, 137-055-3430, 137-055-3640,
137-055-4130, 137-055-4520, 137-055-5400, 137-055-5420, 137-055-6021,
137-055-6200, 137-055-6220, 137-055-6240, 137-055-6260
Proposed Repeals: 137-055-1145, 137-055-6100
Last Date for
Comment: 12-9-11, 5:00 p.m.
Summary: OAR 137-055-1100 is being amended to clarify
processing of continuation of services cases.
OAR 137-055-1140 is being amended to
remove a reference to the partner access rule (OAR 137-055-1145), which is
being repealed because it is no longer needed.
OAR 137-055-1800 is being amended to
clarify how services are provided to limited English proficiency customers.
OAR 137-050-0750 and 137-055-2100
through 137-055-6260 are being enacted or amended to reflect changes made by
the 2011 Legislature to child support program processes.
Please submit written comments by 5:00
p.m. Friday, December 9, 2011, to Vicki Tungate, Policy Analyst, Division of
Child Support, 494 State Street, Suite 300, Salem,
Oregon 97301. Questions may be directed to that address or you may call (503)
986-6086.
Rules Coordinator: Carol Riches
Address: Department of Justice, 1162 Court St. NE, Salem, OR
97301
Telephone: (503) 947-4700
Rule
Caption: Implements 2011 legislative
changes to child support lien rule.
Stat.
Auth.: ORS 18.150 & 180.345
Stats. Implemented: ORS 18.158, 25.670 & 25.690
Proposed Amendments: 137-055-4400
Last Date for
Comment: 12-9-11, 5 p.m.
Summary: OAR 137-055-4400 is being amended to reflect changes
made by the 2011 Legislature.
Please submit written comments by 5:00
p.m. Friday, December 9, 2011, to Vicki Tungate, Policy Analyst, Division of
Child Support, 494 State Street, Suite 300, Salem,
Oregon 97301. Questions may be directed to that address or you may call (503)
986-6086.
Rules Coordinator: Carol Riches
Address: Department of Justice, 1162 Court St. NE, Salem, OR
97301
Telephone: (503) 947-4700
Rule
Caption: Amends Attorney General’s
legal sufficiency rules, Division 45.
Stat.
Auth.: ORS 291.045, 291.047 &
291.049
Stats. Implemented: ORS 291.045, 291.047 & 291.049
Proposed Amendments: 137-045-0010, 137-045-0015, 137-045-0020,
137-045-0030, 137-045-0035, 137-045-0050, 137-045-0052, 137-045-0055,
137-045-0060, 137-045-0070, 137-045-0080, 137-045-0090
Last Date for
Comment: 11-18-11, 10 a.m.
Summary: Rules concerning the Attorney General’s review of
state contracts for legal sufficiency are being
amended to clarify review requirements. The amendments confirm that legal
sufficiency approval is required for a contract calling for the state to
receive or pay value over $150,000 even if the value is other than money,
services or goods.
Rules Coordinator: Carol Riches
Address: Department of Justice, 1162 Court St. NE, Salem, OR
97301
Telephone: (503) 947-4700
Rule
Caption: Amends Attorney General’s
Model Public Contract Rules, Divisions 46–49.
Stat.
Auth.: ORS 279A.065; 279B.055; 279B.060;
279B.065; 279B.070; 279B.075; 279C.125; 279B.400; 279B.405; 279B.410; 279C.335;
279C.340; 279C.405.
Stats. Implemented: ORS 200.035; 200.065; 200.075; 279A.015; 279A.030;
279A.050; 279A.055; 279A.065; 279A.105; 279A.110; 279A.120; 279A.125; 279A.128;
279A.180; 279A.205; 279A.210; 279A.215; 279A.220; 279A.225; 279B.015; 279B.030;
279B.036; 279B.050; 279B.055; 279B.060; 29B.065; 279B.070; 279B.075; 279B.080;
279B.085; 279B.100; 279B.110; 279B.115; 279B.120; 279B.130; 279B.135; 279B.140;
279B.400; 279B.405; 279B.410; 279B.415; 279B.425; 279C.107, 279C.110; 279C.120;
279C.115; 279C.125; 279C.110-279C.125; 279C.300; 279C.305; 279C.307; 279C.315;
279C.320; 279C.325, 279C.335; 279C.340; 279C.345; 279C.360; 279C.365; 279C.370;
279C.375; 279C.380; 279C.385; 279C.390; 279C.395; 279C.400; 279C.405; 279C.410;
279C.400-279C.410; 279C.430; 279C.435; 279C.440; 279C.445; 279C.450; 279C.460;
279C.505-580; 279C.585; 279C.590; 279C.605; 279C.650; 279C.655; 279C.660;
279C.665; 279C.670; 279C.800; 279C.830; 279C.835; 279C.870; 305.385; 351.086;
468A.720, 671.530; 701.005; 701.420; 701.055.
Proposed Adoptions: 137-048-0270
Proposed Amendments: 137-046-0100, 137-046-0110, 137-046-0120,
137-046-0130, 137-046-0200, 137-046-0210, 137-046-0300, 137-046-0310,
137-046-0320, 137-046-0400, 137-046-0410, 137-046-0420, 137-046-0430,
137-046-0440, 137-046-0450, 137-046-0460, 137-046-0470, 137-046-0480,
137-047-0000, 137-047-0100, 137-047-0250, 137-047-0255, 137-047-0257,
137-047-0260, 137-047-0261, 137-047-0265, 137-047-0270, 137-047-0275,
137-047-0280, 137-047-0285, 137-047-0290, 137-047-0300, 137-047-0310,
137-047-0320, 137-047-0330, 137-047-0400, 137-047-0410, 137-047-0420,
137-047-0430, 137-047-0440, 137-047-0450, 137-047-0460, 137-047-0470,
137-047-0480, 137-047-0490, 137-047-0500, 137-047-0525, 137-047-0550,
137-047-0575, 137-047-0600, 137-047-0610, 137-047-0620, 137-047-0630,
137-047-0640, 137-047-0650, 137-047-0660, 137-047-0670, 137-047-0700,
137-047-0710, 137-047-0720, 137-047-0730, 137-047-0740, 137-047-0745, 137-047-0750,
137-047-0760, 137-047-0800, 137-047-0810, 137-048-0100, 137-048-0110,
137-048-0120, 137-048-0130, 137-048-0200, 137-048-0210, 137-048-0220,
137-048-0230, 137-048-0240, 137-048-0250, 137-048-0260, 137-048-0300,
137-048-0310, 137-048-0320, 137-049-0100, 137-049-0110, 137-049-0120,
137-049-0130, 137-049-0140, 137-049-0150, 137-049-0160, 137-049-0200,
137-049-0210, 137-049-0220, 137-049-0230, 137-049-0240, 137-049-0250,
137-049-0260, 137-049-0270, 137-049-0280, 137-049-0290, 137-049-0300,
137-049-0310, 137-049-0320, 137-049-0330, 137-049-0340, 137-049-0350,
137-049-0360, 137-049-0370, 137-049-0380, 137-049-0390, 137-049-0395,
137-049-0400, 137-049-0410, 137-049-0420, 137-049-0430, 137-049-0440,
137-049-0450, 137-049-0460, 137-049-0470, 137-049-0490, 137-049-0600,
137-049-0610, 137-049-0620, 137-049-0630, 137-049-0640, 137-049-0645,
137-049-0650, 137-049-0660, 137-049-0670, 137-049-0680, 137-049-0690,
137-049-0800, 137-049-0810, 137-049-0815, 137-049-0820, 137-049-0830,
137-049-0840, 137-049-0850, 137-049-0860, 137-049-0870, 137-049-0880,
137-049-0890, 137-049-0900, 137-049-0910
Proposed Repeals: 137-047-0262; 137-047-0263.
Last Date for
Comment: 11-18-11, 10 a.m.
Summary: The rule changes amend the Attorney General’s model
public contract rules applicable to state and local contracting agencies to
respond to 2011 legislative changes and clarify and improve procurement
processes. Revisions to Divisions 46 and 47: add a discretionary preference for
goods fabricated or processed in Oregon or services or personal services
performed in Oregon, under amendments to ORS 279A.128 made by HB 3000 (2011);
provide more flexibility in selection processes for multistep and multi-tiered
bidding and proposals; clarify when contracts may be amended; and clarify
requirements related to inclusion of contractual terms and conditions in
solicitation documents. Revisions to Division 48: add “Photogrammetric Mapping,
Transportation Planning or” to any references to “Architectural, Engineering
and Land Surveying Services” to address the expansion of qualifications-based
selection processes under HB 3316 (2011); clarify defined terms; clarify
selection procedures applicable to local contracting agencies as well as state
contracting agencies under HB 3316; clarify the procurement procedures for
“mixed” contract situations; add provisions for procurement of services in the
context of expert testimony for a claim, lawsuit or alternative dispute
resolution proceeding; clarify provisions pertaining to contracting agencies’
public disclosure of proposals; modify direct appointment, informal and formal
selection procedures; and clarify that the process for breaking ties cannot be
based on pricing information. A new rule describes use of price agreements and
work orders. The revisions to Division 49: clarify when discussions with
proposers are permitted; clarify when negotiations or discussions with
proposers may be terminated; and incorporate changes to ORS 279C.830 made by SB
178 (2011) relating to prevailing rate of wage.
Rules Coordinator: Carol Riches
Address: Department of Justice, 1162 Court St. NE, Salem, OR
97301
Telephone: (503) 947-4700
Rule
Caption: Removes fee language from
administrative rules. Adds reference to Oregon Revised Statutes for fee
amounts.
Stat.
Auth.: ORS 476.030 &
480.310–480.385
Stats. Implemented: ORS 480.310–480.385
Proposed Amendments: 837-020-0080, 837-020-0085, 837-020-0115
Last Date for
Comment: 11-28-11, 5 p.m.
Summary: This rule change removes specific fee language from
administrative rules and adds language to refer the reader to the appropriate
Oregon Revised Statute, where the fees are set.
Rules Coordinator: Connie Dalke
Address: Department of Oregon State Police, Office of State
Fire Marshal, 4760 Portland Rd. NE, Salem, OR 97305-1760
Telephone: (503) 934-8211
Rule
Caption: E-file mandate; withholding
on tip income, apportionment factors; repeal of BETC eligibility.
Date: Time: Location:
11-21-11 10:30
a.m. Revenue
Bldg.
955
Center St. NE
Salem,
OR
Hearing Officer: Program Analyst
Stat. Auth.: ORS 305.100
Stats. Implemented: ORS 267.380, 314.280, 315.354, 317.710 & 2011 OL Ch. 24 Sec.
23;
Proposed Adoptions: 150-314.HB2071(A)
Proposed Amendments: 150-267.380(2) 150-314.280-(F) 150-317.710(5)(b)
Proposed Repeals: 150-315.354
Last Date for Comment: 11-21-11, 5 p.m.
Summary: 150-314.HB2071(A) (Corporation E-file
Mandate) – Implementing the corporation electronic filing mandate per HB
2071 from the 2011 session. HB 2071 allows the department by rule to require a
corporation to e-file its tax return if the corporation is required to e-file
its federal corporation tax return.
150-267.380(2)
Wages Exempt From Transit Payroll Tax – removing an incorrect statement
that tips are not subject to withholding.
150-314.280-(F) Apportionment Factors – Clarifying that
“Unless otherwise provided by rule” the provisions within this rule apply and
to delete the invalidated section related to other factors.
150-317.710(5)(b) Different Apportionment Factors – Amending
the rule to reflect the legislative changes of HB 2653 (2009). HB 2653
removed the double-weighted apportionment formula for certain forest product
companies for tax years beginning on or after January 1, 2010; all forest
product companies must now use a single sales factor formula.
150-315.354
Business Energy Tax Credit: Eligibility – Repealing the outdated rule
that is no longer needed based on the 2011 legislative changes of HB 3606. The
2011 legislation removed the provision related to when a transferee may first
claim the credit from ORS 315.354 and placed the provision in ORS 469.220.
Rules Coordinator: Ken Ross
Address: Department of Revenue, 955 Center St. NE, Salem, OR
97301
Telephone: (503) 945-8890
Rule
Caption: E-file mandate, credit
auction; wage garnishment exemption; submitting informational returns.
Date: Time: Location:
11-21-11 10:30
a.m. Revenue
Bldg.
955
Center St. NE
Salem,
OR 97301
Hearing Officer: Program Analyst
Stat. Auth.: ORS 305.100
Stats. Implemented: 2011 OL Ch. 24 (HB 2071); 2011 OL Ch.
730, Sec 23 (HB 3672), ORS 18.385 & 314.360
Proposed Adoptions: 150-314.HB2071(B), 150-315.HB3672
Proposed Amendments: 150-18.385, 150-18.385(A), 150-314.360
Last Date for Comment: 11-21-11, 5 p.m.
Summary: 150-314.HB2071(B) This rule implements
HB 2071 which allows the department to mandate the electronic filing of tax
returns by paid preparers when the paid preparer is required to do so by
federal law. It also delineates when a waiver to the mandate will be granted.
150-315.HB3672
This rule explains the rules and procedures surrounding the tax credit auctions
(for fiscal year 2011) mandated by OR Laws 2011 Chapter 730, Sec 23 (HB 3672).
150-18.385
The rule describes tax garnishments of wages, the
numbers and examples need updating.
150-18.385(A)
HB 2682 changed the minimum wage exemption for the garnishment of wage
exemption calculation. Numbers and examples are updated.
150-314.360
This rule defines which information returns must be filed electronically. The
change is to add back language explaining that DOR can require filing of
informational returns for those not already required to file.
Rules Coordinator: Ken Ross
Address: Department of Revenue, 955 Center St. NE, Salem, OR
97301
Telephone: (503) 945-8890
Rule
Caption: Amending property tax rules:
stating tax rates; adopting, publishing a budget; technical corrections.
Date: Time: Location:
11-21-11 10:30
a.m. Revenue
Bldg.
955
Center St. NE
Salem,
OR 97301
Hearing Officer: Program Analyst
Stat. Auth.: ORS 305.100, 294.495
Stats. Implemented: ORS 294.435, 294.480, 294.525, 307.250, 308.290, 311.216
Proposed Amendments: 150-294.435(1)-(A), 150-294.435(1)-(C), 150-294.480,
150-294.525-(A), 150-308.290(4)(b), 150-311.216
Proposed Ren. & Amends: 150-307.250(1)(c) to 150-307.250
Last Date for Comment: 11-21-11, 5 p.m.
Summary: 150-294.435(1)-(A): This rule clarifies ORS 294.435 in regard to
the form of property tax levies that are approved by the budget committee and
imposed by a local government. This amendment better reflects the language in
ORS 310.060 that requires the tax amount or rate for each levy to be stated
separately. The language of the existing rule could give the erroneous
impression that levy amounts or rates could be combined.
150-294.435(1)-(C):
This rule clarifies the requirements for publishing an amended budget. Statutes
were changed by HB 2425 so existing cites in the rule are to the wrong statute,
and to a statute that is now repealed.
150-294.480:
Amending this rule to describe the requirements for adopting a supplemental
budget and for publishing the notices required by ORS 294.480 and Chapter 473,
Section 10, Oregon Laws 2011.
150-294.525-(A):
This amendment removes language for a requirement that no longer exists in
statute.
150-308.290(4)(b):
Removing language stating the department will allow 14 days to resubmit an
incomplete industrial property tax return after the date the department mailed
the return to the taxpayer. The existing rule exceeds statutory authority. Also
renumbering the rule.
150-311.216:
To correct the statement that property could only be added as omitted if it was
“due to the assessor’s lack of knowledge.” Also renaming,
updating language and formatting to make more readable.
Statute
requires that if omitted property “has from any cause been omitted, it must be
added to the role. When the rule was revised in 1994, the intent of the rule
writer was to offer one example of when omitted property could be added.
However the wording did not convey the intended meaning, but rather that only
property that had been omitted “due to the assessor’s lack of knowledge of its
existence” could be added to the roll.
150-307.250:
Renumbering the rule, making a technical correction and inserting the statute
cite rather than the 2007 laws.
Rules Coordinator: Ken Ross
Address: Department of Revenue, 955 Center St. NE, Salem, OR
97301
Telephone: (503) 945-8890
Rule
Caption: Procurement Rules Addressing
2011 Legislative Changes and DOJ Model Rules updates for Public Contracting.
Stat.
Auth.: ORS 184.616, 184.619, 279A.065
Stats. Implemented: ORS 279A.050, 279A.065, 279C, 2011 HB 3316 (changes to
ORS 279C.100–125)
Proposed Amendments: 731-146-0010, 731-146-0020, 731-146-0025,
731-146-0030, 731-146-0050, 731-146-0060, 731-147-0010, 731-148-0010, 731-149-0010
Proposed Repeals: 731-147-0060, 731-148-0020
Last Date for
Comment: 11-21-11, Close of Business
Summary: The revisions to Chapter 731, Divisions 146 through
149 include the following:
• 731-146-0020, 0030, 0050 and 0060
– 2011 HB 3316 changed statutes regarding “Architectural, Engineering and
Land Surveying Services” and added Photogrammetric Mapping and Transportation
Planning as services that must be procured using qualification based selection;
• 731-146-0025 – ODOT’s
Information Asset Handling Requirements requires removal of requirement to
include contractor’s Social Security Number in contract. Also added language to
allow ODOT to rescind award or terminate contract for failure to comply with
requirements of this section.
• 731-146-0030 & 0050 – The
changes are to clarify requirements and remove redundancies;
• 731-147-0010 – This section
was revised to remove 137-047-0270(3) from the exceptions to DOJ Model Rules
adoption. DOJ updated this rule regarding amendments to Intermediate
Procurements. The ODOT Procurement Office has determined it is now unnecessary
to adopt a separate rule for amendments.
• 731-147-0060
– Repealed per comment above regarding 147-0010.
• 731-148-0010 – 2011 HB 3316
changed statutes regarding “Architectural, Engineering and Land Surveying
Services” and added Photogrammetric Mapping and Transportation Planning as
services that must be procured using qualification based selection;
• 731-148-0020
– Repealed. The 2012 update to Division 48 of DOJ’s Model Rules
included addition of a new section regarding price agreements. The ODOT
Procurement Office has determined it is now unnecessary to adopt a separate
rule for price agreements.
• 731-149-0010 – The only
amendment to this rule is to change effective dates.
Rules Coordinator: Lauri Kunze
Address: Department of Transportation, 3930 Fairview Industrial
Dr. SE, Salem, OR 97302
Telephone: (503) 986-3171
Rule
Caption: Procedures for grants and
loans under the Multimodal Transportation Fund program
Stat.
Auth.: ORS 184.616, 184.619, 367.082
& 2005 OL Ch. 816
Stats. Implemented: 2011 OL Ch. 624 Sec. 20, 21 & 22
Proposed Amendments: 731-035-0020, 731-035-0040, 731-035-0050,
731-035-0060, 731-035-0070, 731-035-0080
Last Date for
Comment: 11-21-11, Close of Business
Summary: The proposed amendments implement Sections 20, 21 and
22 of HB 5036, to remove obsolete language and to authorize the Oregon
Transportation Commission to award funds available in the Multimodal
Transportation Fund due to earnings, loan repayment and refunds of grant
awards.
Rules Coordinator: Lauri Kunze
Address: Department of Transportation, 3930 Fairview Industrial
Dr. SE, Salem, OR 97302
Telephone: (503) 986-3171
Rule
Caption: Repeal Obsolete Rules:
References in DMV Documents, Social Security Number, Financial Responsibility
Hearing, Probationary Permit.
Stat.
Auth.: ORS 184.616, 184.619, 802.010
Stats. Implemented:
Proposed Repeals: 735-001-0030, 735-016-0080, 735-050-0090, 735-064-0085
Last Date for
Comment: 11-21-11, Close of Business
Summary: DMV proposes to repeal the following four rules that
make up this rulemaking as they are no longer needed.
OAR 735-001-0030 was adopted in 1985
and amended in 1988 to establish that if a reference to a statute or rule that
had been renumbered was on any DMV document with the old reference, then it actually referred to the current statute number. After
twenty plus years this rule is no longer needed as all rules, orders, forms,
etc. have been updated to reflect the correct statute or rule number.
OAR 735-016-0080 was adopted in 1999
establishing that DMV may request a social security number of a person
requesting a driver license, identification card or vehicle transaction for
purposes of establishing identity or residency or domicile in Oregon. However
ORS 807.021 now requires proof of a person’s social security number on all
driver license, driver permit and identification card transactions for purposes
of establishing identity, if one has been assigned by the
Social Security Administration. DMV does not use a social security
number in determining residency or domicile and is removing
this requirement from the form used by applicants. Therefore OAR
735-016-0080 is no longer necessary.
OAR 735-050-0090 was adopted to
implement ORS 809.450. DMV proposes to repeal the rule because the requirements
of ORS 809.450 are non-ambiguous and do not require an administrative rule for
clarification.
OAR 735-064-0085 was adopted in 2002
when ORS 807.270 was amended to change the length of time a probationary permit
is valid. The rule is no longer necessary because the transition has been
completed since all permits issued prior to the law change have expired.
Text of proposed and recently adopted
ODOT rules can be found at: http://www.oregon.gov/ODOT/CS/RULES/
Rules Coordinator: Lauri Kunze
Address: Department of Transportation, Driver and Motor Vehicle
Services Division, 3930 Fairview Industrial Dr. SE, Salem, OR 97302
Telephone: (503) 986-3171
Rule
Caption: Amends DMV Rules Pertaining
to Oregon Low-Emission Vehicle Program Standards.
Stat.
Auth.: ORS 184.616, 184.619, 802.010
& 803.350
Stats. Implemented: ORS 803.350
Proposed Amendments: 735-030-0330
Last Date for
Comment: 11-21-11, Close of Business
Summary: Pursuant to ORS 803.350, DMV must deny registration to
new motor vehicles, with 7,500 miles or less that do not meet Oregon DEQ rules,
adopted under OAR Chapter 340 as the Oregon Low Emission Vehicle Program
(Oregon LEV standards).
On April 21, 2011, DEQ amended OAR
340-257-0060, which sets forth the exemptions from the Oregon LEV standards.
ORS 803.350(8) requires that DMV rules be consistent with the DEQ rules. To be
consistent with OAR 340-257-0060, DMV is amending OAR 735-030-0330 to exempt
from the registration requirements for Oregon LEV standards, vehicles purchased
by Oregon residents while assigned to active government service, outside the
State of Oregon.
Currently, the exemption applies to
vehicles purchased by Oregon residents while assigned to active military
service, outside the State of Oregon.
Text of proposed and recently adopted
rules may be found at website http://www.oregon.gov/ODOT/CS/RULES/
Rules Coordinator: Lauri Kunze
Address: Department of Transportation, Driver and Motor Vehicle
Services Division, 3930 Fairview Industrial Dr. SE, Salem, OR 97302
Telephone: (503) 986-3171
Rule
Caption: Increases the manufacturing
fee amount collected for a pair of vehicle registration plates.
Stat.
Auth.: ORS 184.616, 184.619, 802.010
& 803.570
Stats. Implemented: ORS 803.570
Proposed Amendments: 735-032-0010
Last Date for
Comment: 11-21-11, Close of Business
Summary: The rule amendment is needed to bring OAR 735-032-0010
into compliance with ORS 803.570. Failure to amend the rule will result in an
inconsistency between the statute and rule, and result in a loss of revenues
collected for the State Highway Fund.
ORS 803.570 requires DMV to establish,
by rule, the plate manufacturing fee charged for a
registration plate or pair of registration plates. Plate manufacturing fees are
retained by DMV to cover the actual cost of manufacturing the plates. Fee
amounts established by DMV must be calculated by taking the cost to manufacture
a single plate or pair of plates, and rounding the fee amount(s) charged DMV
customers to the next higher half-dollar.
DMV has adopted OAR 735-032-0010 to
set plate manufacturing fee amounts. Currently, the fee amount for a single
plate is $2 and $3 for a pair of plates. Due to an increase in manufacturing
costs for a pair of plates [emphasis], DMV is amending OAR 735-032-0010 to
increase from $3 to $3.50, the manufacturing fee amount collected by DMV for
each pair of plates issued. As a result, the total fee for a pair of plates
will rise from the current amount of $23.00 to $23.50. The increase, which
becomes effective January 1, 2012, covers DMV’s actual cost to manufacture the
plates (rounded to the next higher half-dollar) as required by ORS 803.570.
There is no change to the manufacturing fee for a single plate.
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, 3930 Fairview Industrial Dr. SE, Salem, OR 97302
Telephone: (503) 986-3171
Rule
Caption: Amends DMV Vehicle Dismantler
Rules – Implements Chapter 433, Oregon Laws 2011.
Stat.
Auth.: ORS 184.616, 184.619, 802.010,
822.125, 822.130, 822.135, 822.137 & 2011 OL Ch. 433
Stats. Implemented: ORS 822.100, 822.105, 822.110, 822.115, 822.120,
822.125, 822.130, 822.133, 822.135, 822.137, 822.140, 822.145, 822.150 &
2011 OL Ch. 433
Proposed Amendments: 735-152-0000, 735-152-0005, 735-152-0020,
735-152-0040, 735-152-0050, 735-152-0060
Last Date for
Comment: 11-21-11, Close of Business
Summary: This rulemaking is needed to implement legislation
enacted by the 2011 Legislative Assembly.
Chapter 433, Oregon Laws 2011 creates
new statutory provisions and amends ORS 822.115, 822.133, 822.145 in part to:
(1) require an applicant for a dismantler certificate to include a National
Motor Vehicle Title Information System identification number with the
application; (2) establish requirements and definitions related to mobile motor
vehicle crushers; (3) add new dismantler violations; and (4) grant DMV
additional authority to impose civil penalties and sanctions on vehicle
dismantlers.
The proposed amendments add new definitions
and revise language concerning the civil penalties and sanctions DMV may impose
against dismantlers found in violation of applicable laws and rules. Other
non-substantive changes are made for purposes of 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, 3930 Fairview Industrial Dr. SE, Salem, OR 97302
Telephone: (503) 986-3171
Rule
Caption: Amendment specifies what
constitutes proof that an applicant is qualified to receive disabled veteran
plates.
Stat.
Auth.: ORS 184.616, 184.619, 802.010
& 805.100
Other Auth.: USC Title 38, Part II, §1110
Stats. Implemented: ORS 805.100
Proposed Amendments: 735-040-0030
Last Date for
Comment: 11-21-11, Close of Business
Summary: Disabled veteran registration plates are part of a
special registration program available to qualified disabled veterans pursuant
to ORS 805.100. The registration is permanent with a one-time registration fee
and no renewal fees.
ORS 805.100(2) specifies who qualifies
as a disabled veteran entitled to receive disabled veteran registration
[emphasis]. The statute authorizes DMV to accept a letter from the U.S.
Department of Veteran’s Affairs (VA) or a branch of the U.S. Armed Forces as
proof the person is a disabled veteran.
OAR 735-040-0030 specifies the
information an applicant must submit to DMV as proof the applicant is qualified
to receive disabled veteran registration plates. Current proof is a letter
issued by the U.S. Department of Veterans Affairs or branch of the U.S. Armed
Forces indicating the applicant meets the requirements of ORS 805.100. Because
the statute requires that the veteran be honorably discharged, DMV has only
accepted letters that indicate an honorable discharge as proof of eligibility
to receive disabled veteran registration.
Recently, DMV learned from the Oregon
Department of Veterans Affairs that under federal law, service-related
disability benefits are only granted by the VA to veterans discharged or
released under honorable conditions. USC Title 38, Part II, §1110. Letters
issued by the VA or military branch may or may not contain specific discharge
information. Therefore, DMV proposes to amend OAR 735-040-0030 to specify that
DMV will accept as proof that an applicant is qualified to receive disabled
veteran registration under ORS 805.100, any letter, including a DD214 form,
issued by the VA or branch of the U.S. Armed Forces that indicates the
applicant received a service-related disability, regardless of whether the
letter specifically shows an honorable discharge.
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, 3930 Fairview Industrial Dr. SE, Salem, OR 97302
Telephone: (503) 986-3171
Rule
Caption: Procedures for the
Establishment of Variable Speed Zones on Certain Public Roads.
Stat.
Auth.: ORS 184.616, 184.619, 810.180, 811.111
Stats. Implemented: ORS 810.180, 811.111
Proposed Adoptions: 734-020-0018, 734-020-0019
Last Date for
Comment: 11-21-11, Close of Business
Summary: ORS 810.180 authorizes the Department of
Transportation to conduct speed zone investigations and set speeds on most
public roads, including interstate highways. As proposed, this rule gives
authority to the Department and other road authorities to establish variable
speed zones on sections of highway when an engineering investigation and
analysis determines that a range of speeds in response to recurring conditions
provides for better traffic safety and operation than a single set speed. This
rule applies to all public roads except where the Department has delegated its
authority to establish designated speeds on low volume or unpaved roads under
ORS 810.180(5)(f).
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, 3930 Fairview Industrial Dr. SE, Salem, OR 97302
Telephone: (503) 986-3171
Rule Caption: Removing Personal Property from Illegal Campsites on State Highway
Rights-of-Way.
Stat.
Auth.: ORS 184.616, 377.650, 2011 OL
Ch. 84 (SB 447)
Stats. Implemented: ORS 377.650 & 2011 OL Ch. 84 (SB 447)
Proposed Amendments: 734-035-0010, 734-035-0040
Last Date for
Comment: 11-21-11, Close of Business
Summary: The Department of Transportation may remove personal
property that is left on state highway rights of way. SB 447 is
specific to personal property that is under a state highway bridge, on property
along a river, and within an urban growth boundary and requires written notice
be provided each time the Department intends to remove personal property from
these areas. The bill also outlines the style and content of the written
notice. ORS 377.650 addresses removal of personal property in other locations.
These rules modify the procedure for
removing personal property specifically from illegal campsites that are located
on state highway rights of way under both ORS 377.650 and Chapter 84, 2011
Oregon Laws (SB 447).
Rules Coordinator: Lauri Kunze
Address: Department of Transportation, Highway Division, 3930 Fairview Industrial Dr. SE, Salem, OR 97302
Telephone: (503) 986-3171
Rule
Caption: Roadside Memorial Program.
Stat.
Auth.: ORS 184.616, 184.619 & 201 Ol
Ch. 668
Stats. Implemented: 2011 OL Ch. 668
Proposed Adoptions: 734-026-0010, 734-026-0020, 734-026-0030,
734-026-0040, 734-026-0045
Last Date for
Comment: 11-21-11, Close of Business
Summary: House Bill 3039 enacted by the 76th Oregon Legislative
Assembly requires that ODOT erect and maintain roadside memorial signs that
commemorate a police officer killed in the line of duty if the Legislative
Assembly adopts a concurrent resolution that recognizes the police officer
killed in the line of duty and fees are paid to cover the costs of erecting,
maintaining and removing the signs. The bill also requires ODOT to establish by
rule the fees to be collected and the design standards for such signs. The bill
becomes effective January 1, 2012.
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, 3930 Fairview Industrial Dr. SE, Salem, OR 97302
Telephone: (503) 986-3171
Rule
Caption: Update of Oregon Coordinate
Systems.
Stat.
Auth.: ORS 184.616, 184.619 & 2011
OL Ch. 179
Stats. Implemented: 209.130, 209.155, 209.250, 390.770 & 2011 OL Ch.
179
Proposed Adoptions: 734-005-0005, 734-005-0010, 734-005-0015
Last Date for
Comment: 11-21-11, Close of Business
Summary: SB 877 requires the Oregon Department of
Transportation to develop a rule pertaining to the Oregon Coordinate System.
The bill effectively moves all definitions of the existing Oregon State Plane
Coordinate System from ORS Chapter 93 to Oregon Administrative Rules (to be
created by ODOT). In addition, all definitions for the new Oregon Coordinate
Reference System will be added to the new OAR. Sections of ORS 93, 209, and 390
will be amended to point to the new location of these definitions.
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, 3930 Fairview Industrial Dr. SE, Salem, OR 97302
Telephone: (503) 986-3171
Rule
Caption: Legibility of highway use tax
reports.
Stat.
Auth.: ORS 184.616, 184.619 &
823.011
Stats. Implemented: ORS 825.137, 825.139, 825.232 & 825.490
Proposed Amendments: 740-055-0010
Last Date for
Comment: 11-21-11, Close of Business
Summary: This rule describes payment of weight-mile tax and
reporting period variations. The proposed amendment will establish the standard
criteria for which highway use tax reports submitted to the Department will be
accepted as legible and readable. A report will be considered legible and
readable if the observer is able to identify all letters and numerals and if
the observer is able to recognize a group of letters or numerals as words or
complete numbers. A report considered to be illegible or unreadable will be
returned to the motor carrier to correct and must be re-filed by the due date
of the report to be considered received on time. The rule is necessary to
provide a method in which the Department can identify highway use tax reports
that are illegible or unreadable and return the report to the motor carrier.
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, Motor Carrier
Transportation Division, 3930 Fairview Industrial Dr. SE, Salem, OR 97302
Telephone: (503) 986-3171
Rule
Caption: Revision of rule governing
the Maximum Fine Schedule.
Stat.
Auth.: ORS 184.616, 184.619 &
823.011
Stats. Implemented: ORS 153.012, 153.015, 153.018, 825.252, 825.990
Proposed Amendments: 740-100-0100
Last Date for
Comment: 11-21-11, Close of Business
Summary: This rule adopts the Maximum Fine Schedule published
by the Commercial Vehicle Safety Alliance (CVSA) and describes the calculation
used to determine foundation fine amounts. House Bill 2712 established one
presumptive fine for each class of violation and eliminated the confusing way
fines have historically been calculated to determine a
foundation amount. The proposed amendments are needed to implement HB 2712.
Effective January 1, 2012, there will not be a separate unitary assessment for
the Oregon Department of Revenue or county assessment; in addition, the offense
surcharge will be eliminated. The assessment amounts will now be included in
the presumptive fine. Minimum and maximum fines were specified for each class
of traffic violation. The proposed amendment will assign the Groups from the
CVSA Maximum Fine Schedule to be equal to the Class categories from the
presumptive class traffic violations. To remain revenue neutral and to simplify
the fine schedule, the proposed amendment takes the approach of assigning the
Maximum Fine Schedule Groups to be equal to the presumptive traffic violation
Class.
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, Motor Carrier
Transportation Division, 3930 Fairview Industrial Dr. SE, Salem, OR 97302
Telephone: (503) 986-3171
Rule
Caption: Adoption of procedures to
implement ORS 271.310.
Date: Time: Location:
11-21-11 11
a.m. ODOT
Mill Creek Office
Crown
Point Conf. Rm.
555
13th St. NE
Salem,
OR
Hearing Officer: Kathy Holmes
Stat. Auth.: ORS 184.616, 184.619, 823.011, 271.310
Stats. Implemented: ORS 271.310
Proposed Adoptions: 741-040-0010, 741-040-0020, 741-040-0030, 741-040-0040,
741-040-0050, 741-040-0060, 741-040-0070
Last Date for Comment: 11-21-11, Close of Hearing
Summary: ODOT is adopting procedures necessary to implement changes to ORS
271.310 as a result of HB 2370.
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, Rail Division, 3930 Fairview Industrial Dr. SE, Salem, OR 97302
Telephone: (503) 986-3171
Rule Caption: Defines “against equity and good
conscience.”
Stat.
Auth.: ORS 657.610
Stats. Implemented: ORS 657
Proposed Amendments: 471-030-0053
Last Date for
Comment: 11-22-11, 5 p.m.
Summary: Senate Bill 725 allows for benefits overpaid under ORS
657.315 to be waived if recovery is “against equity and good conscience”. The
rule change defines “against equity and good conscience” by taking into account
the individual’s financial ability to repay the overpaid benefits.
The proposed change makes additional
plain language and consistency updates. It removes the definition of ‘Recovery’ which is defined in statute. It also replaces in
the text of the rule the Manager of Benefits with the Director as the one who
authorizes employees to waive overpayments under ORS 657.317. This change is
consistent with other rules in this chapter.
Rules Coordinator: Courtney Brooks
Address: Employment Department, 875 Union St. NE, Salem, OR
97311
Telephone: (503) 947-1724
Rule
Caption: Makes temporary rules
permanent; amends fees charged for unfair labor practice and mediation
services.
Stat.
Auth.: ORS 240.086(3) & 243.667(7)
Other Auth.: SB 5556 (2011)
Stats. Implemented: ORS 243.672(3), 240.610(2), 663.180(2), 663.185(2)
& 662.425(2)
Proposed Amendments: 115-035-0000, 115-035-0035, 115-035-0045,
115-040-0005, 115-070-0000, 115-070-0035, 115-070-0050, 115-080-0010
Last Date for
Comment: 12-1-11, 5 p.m.
Summary: Makes temporary agency rules permanent to conform with SB 5556, which was adopted by the 2011 Legislature and
was effective July 1, 2011. Filing fees for unfair labor practice complaints,
charges, answers, and intervention are increased from $250 to $300. Mediation
fees increase from $1,000 for all mediation sessions to a graduated scale that
is based on the number of mediation sessions.
Rules Coordinator: Leann G. Wilcox
Address: Employment Relations Board, 528 Cottage St. NE, Suite
400, Salem, OR 97301-3807
Telephone: (503) 378-8610
Rule
Caption: Makes temporary rules
permanent; amends computation of time to file document when agency is closed.
Stat.
Auth.: ORS 240.086(3) & 243.667(7)
Stats. Implemented:
Proposed Amendments: 115-010-0012
Last Date for
Comment: 12-1-11, 5 p.m.
Summary: Makes permanent amendments to agency rules to account
for statewide furlough closure days and the possibility of other closure days
(e.g., natural disaster, inclement weather) in the computation of time for
filing of documents.
Rules Coordinator: Leann G. Wilcox
Address: Employment Relations Board, 528 Cottage St. NE, Suite
400, Salem, OR 97301-3807
Telephone: (503) 378-8610
Rule
Caption: Amend Transportation Planning
Rules to simplify, clarify and streamline local plan amendments and rezonings.
Date: Time: Location:
12-8-11 8:30
a.m. Columbia
Gorge Discovery Ctr.
5000
Discovery Dr.
The
Dalles, OR
Hearing Officer: LCDC
Stat. Auth.: ORS 197.040
Stats. Implemented: ORS 197.040, 197.712, 197.717, 197.732, 195.025 & 2011 OL Ch.
432
Proposed Amendments: 660-012-0005, 660-012-0060, 660-024-0020
Last Date for Comment: 12-8-11, Close of Hearing
Summary: The proposed amendment would add a new section to OAR
660-012-0060 that would facilitate economic development by allowing for partial
mitigation of the transportation effects of a rezoning (or amendment to a plan
or development regulation). The proposed amendment would add a new section to
OAR 660-012-0060 to allow local governments to designate areas where congestion
standards would not be applied when evaluating rezonings (or amendments to
plans or development regulations). The proposed amendment would add a new
section OAR 660-012-0060 to exempt a rezoning from the rule if it is consistent
with prior acknowledged planning. The proposed amendment would amend existing
sections within the rule to clarify the definition of a significant effect to
the transportation system and to allow more options for how a local government
responds when the rezoning (or amendment to a plan or development regulation)
would have a significant effect.
Rules Coordinator: Casaria Tuttle
Address: Land Conservation and Development Department, 635
Capitol St. NE, Suite 150, Salem, OR 97301
Telephone: (503) 373-0050, ext. 322
Rule
Caption: Amendments to implement new
laws regarding changes to comprehensive plans and land use regulations.
Date: Time: Location:
12-8-11 8:30
a.m. Columbia
Gorge Discovery Ctr.
5000
Discovery Dr.
The
Dalles, OR
Hearing Officer: LCDC
Stat. Auth.: ORS 197.040
Other Auth.: Statewide Planning Goals (OAR 660-015)
Stats. Implemented: ORS 197.610–197.625 & 2011 OL Ch. 280
Proposed Amendments: Rules in 660-018
Proposed Repeals: 660-018-0030, 660-018-0140
Last Date for Comment: 12-8-11, Close of Hearing
Summary: The proposed amendments would modify rules pertaining to notice
of changes to acknowledged comprehensive plans and
land use regulations and related topics. The proposed amendments, including the
repeal of two rules, are needed in order to implement new laws (Oregon Laws
2011, chapter 280) regarding changes to comprehensive plans and land use
regulations and are needed in order to conform existing rules to these new
laws.
The
Commission may consider other minor amendments based on testimony and comments
received during the public comment period, and may adopt minor clarifications
or technical corrections and amendments that may be proposed during the public
comment period.
Rules Coordinator: Casaria Tuttle
Address: Land Conservation and Development Department, 635
Capitol St. NE, Suite 150, Salem, OR 97301
Telephone: (503) 373-0050, ext. 322
Rule
Caption: Amendments to existing rules
in order to implement new laws regarding periodic review.
Date: Time: Location:
12-8-11 8:30
a.m. Columbia
Gorge Discovery Ctr.
5000
Discovery Dr.
The
Dalles, OR
Hearing Officer: LCDC
Stat. Auth.: ORS 197.040
Other Auth.: Statewide Planning Goals (OAR 660-015)
Stats. Implemented: ORS 197.626–197.646 & 2011OL Ch. 469 (HB 2130)
Proposed Amendments: Rules in 660-025
Last Date for Comment: 12-8-11, Close of Hearing
Summary: The proposed amendments would modify rules pertaining to periodic
review and related topics. The proposed amendments are needed in order to
implement new laws (Oregon Laws 2011, chapter 469) regarding periodic review,
and are needed in order to conform existing rules to these new laws.
The
Commission may consider other minor amendments based on testimony and comments
received during the public comment period, and may adopt minor clarifications
or technical corrections
and amendments that may be proposed during the public comment period.
Rules Coordinator: Casaria Tuttle
Address: Land Conservation and Development Department, 635
Capitol St. NE, Suite 150, Salem, OR 97301
Telephone: (503) 373-0050, ext. 322
Rule Caption: Removes full time employment for
managing employee and clarifies requirements prior to planting on a
structure.
Date: Time: Location:
11-28-11 1
p.m. 2111
Front St. NE, Suite 2-101
Salem,
OR
Hearing Officer: Lisa Walter Sedlacek
Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.520 & 671.595
Proposed Adoptions: 808-003-0126
Proposed Amendments: 808-002-0625, 808-003-0040, 808-005-0020
Last Date for Comment: 11-28-11, Close of Hearing
Summary: 808-002-0625 – Removes requirement that managing employee
be a full time employee.
808-003-0040
– Moves a section to 808-003-0126.
808-003-0126 – New section to clarify requirements prior to
planting on a structure.
808-005-0020
– Cite reference change.
Rules Coordinator: Kim Gladwill-Rowley
Address: Landscape Contractors Board, 2111 Front Street NE,
Suite 2-101, Salem, OR 97301
Telephone: (503) 967-6291, ext. 223
Rule
Caption: Amends qualifications for
testing and licensing as a landscape construction professional.
Date: Time: Location:
11-28-11 1
p.m. 2111
Front St. NE, Suite 2-101
Salem,
OR
Hearing Officer: Lisa Walter Sedlacek
Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.570
Proposed Amendments: 808-003-0025
Last Date for Comment: 11-28-11, Close of Hearing
Summary: 808-003-0025 – Amends alternative experience for licensing
as a landscape construction professional. Allows two years of related
landscaping experience, six months of related landscape experience to
substitute for cooperative work experience, a current membership as a Certified
Professional member of APLD or any other landscaping related certified
membership on an individual basis to be determined by the Board. It also
eliminates the requirement to hold an active license under ORS 701 and only
requires a current
certification with the International Society of Arboriculture as a
Certified Arborist.
Rules Coordinator: Kim Gladwill-Rowley
Address: Landscape Contractors Board, 2111 Front Street NE,
Suite 2-101, Salem, OR 97301
Telephone: (503) 967-6291, ext. 223
Rule
Caption: Clarifies new legislation
regarding bond coverage of backflow assemblies and landscape irrigation control
wiring and outdoor landscape lighting.
Date: Time: Location:
11-28-11 1
p.m. 2111
Front St. NE, Suite 2-101
Salem,
OR
Hearing Officer: Shelley Sneed
Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.690, 2011 OL Ch. 104
Proposed Amendments: 808-004-0320
Last Date for Comment: 11-28-11, Close of Hearing
Summary: 808-004-0320 – Clarifies a claim may be accepted for
negligent or improper work for work performed or contracted to be performed on
or after January 1, 2012 for backflow assembly testing services, the
installation, repair or maintenance of backflow assemblies for irrigation
system and ornamental water features and the installation of irrigation control
wiring and outdoor landscape lighting.
Rules Coordinator: Kim Gladwill-Rowley
Address: Landscape Contractors Board, 2111 Front Street NE,
Suite 2-101, Salem, OR 97301
Telephone: (503) 967-6291, ext. 223
Rule
Caption: Nonexempt business with
employees must submit proof of workers’ compensation, exempt business using a leasing company must verify leasing agency has workers’
compensation coverage.
Date: Time: Location:
11-28-11 1
p.m. 2111
Front St. NE, Suite 2-101
Salem,
OR
Hearing Officer: Lisa Walter Sedlacek
Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.565, 671.610 & 2011 OL Ch. 283
Proposed Adoptions: 808-002-0390, 808-003-0620
Proposed Amendments: 808-003-0015, 808-003-0090, 808-005-0020
Last Date for Comment: 11-28-11, Close of Hearing
Summary: 808-002-0390 – Adds new rule to define Family
Members.
808-003-0015
– Requires certificates of insurance verifying workers’ compensation
insurance coverage for all employees if the applicant qualifies as nonexempt.
808-003-0090
– Clarifies exempt and nonexempt classifications and what is required for
documentation for each classification. Also requires an exempt business to
notify the agency in writing within 30 days, register as “nonexempt” and submit
documentation when that business hires employees or no longer qualifies for the
exempt status.
808-003-0620
– Clarifies what documentation is required for nonexempt applicant, that
workers’ compensation must be continuously in effect and a new certificate must
be on file prior to the expiration date of the previous certificate. Clarifies
when an exempt business enters into a contract with a leasing company for
workers that documentation shall be provided to the agency within 10 days of
entering into that contract, during a investigator or site check or at any
other time the agency requests it to verify the maintenance of workers’
compensation coverage for all employees.
808-005-0020
– Sets civil penalty amounts and suspensions for failure to verify
workers’ compensation coverage, hiring employees while licensed as exempt and
conduct that is dishonest or fraudulent or that the board finds injurious to
the welfare of the public.
Rules Coordinator: Kim Gladwill-Rowley
Address: Landscape Contractors Board, 2111 Front Street NE,
Suite 2-101, Salem, OR 97301
Telephone: (503) 967-6291, ext. 223
Rule
Caption: Reduced the number of
continuing education hours required, eliminates the minimum hours in each
category and the course approval process.
Date: Time: Location:
11-28-11 1
p.m. 2111
Front St. NE, Suite 2-101
Salem,
OR
Hearing Officer: Lisa Walter Sedlacek
Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.676
Proposed Amendments: 808-040-0020, 808-040-0025, 808-040-0030, 808-040-0050,
808-040-0060, 808-040-0080
Last Date for Comment: 11-28-11, Close of Hearing
Summary: 808-040-0020 – Reduces the number of continuing education
hours required and eliminates the minimum hours in each category.
808-040-0025
– Eliminates references to program approvals prior to course offerings,
clarifies one credit is allows for every three hours of qualifying volunteer
work with a maximum credit not to exceed four hours in a two year period.
808-040-0030
– Eliminates references to program approvals prior to course offerings.
808-040-0050
– Eliminates the course approval process.
808-040-0060
– Eliminates documentation requirements for program approvals prior to
course offerings.
808-040-0080 – Deletes old references.
Rules Coordinator: Kim Gladwill-Rowley
Address: Landscape Contractors Board, 2111 Front Street NE,
Suite 2-101, Salem, OR 97301
Telephone: (503) 967-6291, ext. 223
Rule
Caption: Creates a new license for
planting only.
Date: Time: Location:
11-28-11 1
p.m. 2111
Front St. NE, Suite 2-101
Salem,
OR
Hearing Officer: Lisa Walter Sedlacek
Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.570
Proposed Amendments: 808-003-0035, 808-003-0040, 808-003-0060, 808-003-0045
Last Date for Comment: 11-28-11, Close of Hearing
Summary: 808-003-0035 – Adds a Planting license category and
clarifies it is part of the All Phase license.
808-003-0040
– Defines what landscaping work a Planting limited license holder may
perform and removes a previous contract minimum standard regarding
subcontracting.
808-003-0060
– Renames the exam sections.
808-003-0045
– Clarifies which exam sections must be passed to change the phase of
license.
Rules Coordinator: Kim Gladwill-Rowley
Address: Landscape Contractors Board, 2111 Front Street NE,
Suite 2-101, Salem, OR 97301
Telephone: (503) 967-6291, ext. 223
Rule
Caption: Clarifies a probationary
applicant may apply a subsequent time as a probationary applicant; passing
scores from first application are expired.
Date: Time: Location:
11-28-11 1
p.m. 2111
Front St. NE, Suite 2-101
Salem,
OR
Hearing Officer: Lisa Walter Sedlacek
Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.570
Proposed Amendments: 808-003-0030, 808-003-0065
Last Date for Comment: 11-28-11, Close of Hearing
Summary: 808-003-0030 – Clarifies a probationary application may
submit another application for a probation license after the previous
application has expired or may submit an application for a regular license at
any time prior to be issued a probationary license along with the required documentation
to show compliance with the qualifications. Also clarifies a probationary
application expires two years after the application is received or one year
after first sitting for any section of the exam, whichever is first.
808-003-0065
– Clarifies a passing scores for a probationary
applicant will expire upon expiration of the application.
Rules Coordinator: Kim Gladwill-Rowley
Address: Landscape Contractors Board, 2111 Front Street NE,
Suite 2-101, Salem, OR 97301
Telephone: (503) 967-6291, ext. 223
Rule
Caption: Requires a description of the
materials to be installed on a landscape job and that changes or amendments to
landscaping contracts and subcontracts to identify the scope of the change and
be in writing.
Date: Time: Location:
11-28-11 1
p.m. 2111
Front St. NE, Suite 2-101
Salem,
OR
Hearing Officer: Lisa Walter Sedlacek
Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.625
Proposed Amendments: 808-002-0020
Last Date for Comment: 11-28-11, Close of Hearing
Summary: 808-002-0020 – requires description of materials on all
landscaping contracts and subcontracts. Requires changes or amendments to
landscaping contracts and subcontracts to identify the scope of the change or
amendment, to be agreed to by both parties and to be in writing.
Rules Coordinator: Kim Gladwill-Rowley
Address: Landscape Contractors Board, 2111 Front Street NE,
Suite 2-101, Salem, OR 97301
Telephone: (503) 967-6291, ext. 223
Rule
Caption: Rule intended to clarify
reporting requirements for Greenlight Rebate.
Date: Time: Location:
11-17-11 10
a.m. 1001
SE Water Ave, Suite 430
Portland,
OR 97214
Hearing Officer: Vince Porter
Stat. Auth.: ORS 284.335 & 2005 OL Ch. 559
Stats. Implemented: 2005 OL Ch. 559
Proposed Amendments: 951-004-0003, 951-004-0004
Last Date for Comment: 11-28-11, 5 p.m.
Summary: To clarify that the Oregon Film and Video Office will issue a
pre-certification pending verification that taxes required have been paid and
that a subsequent final certification will be issued upon such verification.
To explain that a Qualifying Film Production may use a third-party
to pay compensation on behalf of the Qualifying Film Production. Explains and clarifies reporting requirements to claim the Greenlight Oregon
Labor Rebate.
Rules Coordinator: Jane Ridley
Address: Oregon Film and Video Office, 1001 SE Water Ave.,
Suite 430, Portland, OR 97214
Telephone: (503) 229-5832
Rule
Caption: Review Process When
Self-Defense Asserted to “Substantiated” Findings at State Hospitals and State
Operated Programs.
Stat.
Auth.: ORS 179.040 & 413.042
Other Auth.: HB 2009, enacted in 2009 OL Ch. 595 Sec. 19–25
Stats. Implemented: ORS 179.390, 426.385, 427.031, 430.210 &
430.735–430.768
Proposed Adoptions: 943-045-0000
Proposed Repeals: 943-045-0000(T)
Last Date for
Comment: 11-21-11, 5 p.m.
Summary: This rule adopts and incorporates by reference the
Department of Human Services’ Review of Substantiated Physical Abuse When
Self-Defense is Asserted at State Hospitals and State Operated Residential
24-hour Programs rules: chapter 407-0000 through 0110.
HB 2009 (2009) created the Oregon
Health Authority and transferred to the Authority the Department of Human
Services’ (Department) Divisions responsible for health and health care.
Effective July 1, 2011 the Authority needs to adopt and incorporate by
reference the Department’s rules which provide the Authority with the legal
authority to conduct abuse investigations with respect to individuals residing
in state hospitals and state operated 24-hour programs. These rules set forth
the review process when self defense is asserted by
individuals in response to a “substantiated” determination.
Rules Coordinator: Evonne Alderete
Address: Oregon Health Authority, 500 Summer St. NE, Salem, OR 97301
Telephone: (503) 932-9663
Rule
Caption: Requirements for
organizations and users seeking or receiving access to Authority information
assets.
Stat.
Auth.: ORS 413.042
Other Auth.: HB 2009, enacted in 2009 OL Ch. 595 Sections 9-25
& Health Insurance Portability & Accountability Act (HIPAA) security
rules: 45 CFR § 164.304
Stats. Implemented: ORS 182.122
Proposed Adoptions: 943-014-0300, 943-014-0305, 943-014-0310,
943-014-0315, 943-014-0320
Proposed Repeals: 943-014-0300(T), 943-014-0305(T), 943-014-0310(T),
943-014-0315(T), 943-014-0320(T)
Last Date for
Comment: 11-21-11, 5 p.m.
Summary: These rules apply to anyone who seeks access to the
Oregon Health Authority’s (Authority) information assets, systems, and
networks. It establishes access controls for all organizations and users and
requires organizations to establish a risk management plan addressing common safeguards and HIPAA compliance. These rules allow for audits
of organizations handling Authority information assets, address privilege
changes, and establish requirements for reporting incidents and resolutions.
Rules Coordinator: Evonne Alderete
Address: Oregon Health Authority, 500 Summer St. NE, Salem, OR 97301
Telephone: (503) 932-9663
Rule
Caption: Abuse or Mistreatment
Reporting and Protective Services in Community Programs for Adults with Mental
Illness.
Stat.
Auth.: ORS 179.040 & 413.042,
414.715 & 430.731
Other Auth.: HB 2009, enacted in 2009 OL Ch. 595 Sec. 19-25
Stats. Implemented: ORS 413.032, 430.735–430.765, 443.400–
443.460, 443.705–443.825
Proposed Adoptions: 943-045-0250; 943-045-0260; 943-045-0280;
943-045-0290; 943-045-0300; 943-045-0310; 943-045-0320; 943-045-0330;
943-045-0340; 943-045-0350; 943-045-0360; 943-045-0370
Proposed Repeals: 943-045-0250(T), 943-045-0260(T), 943-045-0280(T),
943-045-0290(T), 943-045-0300(T), 943-045-0310(T), 943-045-0320(T).
943-045-0330(T), 943-045-0340(T), 943-045-0350(T), 943-045-0360(T),
943-045-0370(T)
Last Date for
Comment: 11-21-11, 5 p.m.
Summary: HB 2009 created the Oregon Health Authority and
transferred to the Authority the Department of Human Services’ Divisions
responsible for health and health care. With the creation of a new agency, the
community programs and community facilities serving adults with mental illness
moved to the Authority. Community programs and facilities serving adults with
developmental disabilities will continue to be governed by the Department of
Human Services’ rule found at OAR 407-045-0250 to 0370. The Authority needs to
adopt these rules to reflect the separation of the Department of Human Services
and Oregon Health Authority.
These rules are being revised to
include the definition of mistreatment.
Rules Coordinator: Evonne Alderete
Address: Oregon Health Authority, 500 Summer St. NE, Salem, OR 97301
Telephone: (503) 932-9663
Rule
Caption: Health Professionals’
Services Program.
Date: Time: Location:
11-17-11 10
a.m. 500
Summer St. NE, Rm. 166
Salem,
OR 97301-1118
Hearing Officer: Nola Russell
Stat. Auth.: ORS 413.042, 409.050 & 676.190
Stats. Implemented: ORS 676.185 & 676.200
Proposed Amendments: 415-065-0065
Last Date for Comment: 11-22-11
Summary: These rules establish consolidated, statewide health
professionals’ monitoring program for licensees of participating health
licensing boards, who are unable to practice with professional skill and safety
due to substance use disorders, mental health disorder or both types of
disorders.
Rules Coordinator: Nola Russell
Address: Oregon Health Authority, Addictions and Mental Health
Division: Addiction Services, 500 Summer St. NE, E86, Salem, OR 97301-1118
Telephone: (503) 945-7652
Rule
Caption: Central Oregon Health Council
and Regional Health Improvement Plan.
Date: Time: Location:
12-7-11* 1
p.m. St.
Charles Medical Center
2500
Neff Rd.
Bend,
OR 97701
12-7-11* 1
p.m. 500
Summer St. NE, Rm. 137-A
Salem,
OR 97301-1118
Hearing Officer: Nola Russell
Stat. Auth.: ORS 413.042
Other Auth.: 2011 OL Ch. 418 Sec. 13-20
Stats. Implemented: ORS 243.125 & 243.864
Proposed Adoptions: 309-014-0300, 309-014-0310, 309-014-0320, 309-014-0330, 309-014-0340
Proposed Repeals: 309-014-0300(T), 309-014-0310(T), 309-014-0320(T),
309-014-0330(T), 309-014-0340(T)
Last Date for Comment: 12-9-11
Summary: *This will be a single hearing
convened in two locations, using video conferencing equipment. The Hearing
Officer will
convene and facilitate the hearing from the Salem location.
These
rules relate to the implementation of Chapter 418, Oregon Laws 2011, Sections 13 through 20, which call for the creation of the
Central Oregon Council and the implementation of the Central
Oregon Health Improvement Plan.
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
Rule
Caption: January 2012 Health Services
Commission Prioritized List changes and other rule clarifications.
Date: Time: Location:
11-16-11 10:30
a.m. HSB
Bldg., Rm. 137B
500
Summer St. NE
Salem,
OR
Hearing Officer: Darlene Nelson
Stat. Auth.: ORS 413.042, 414.065 & 414.707
Stats. Implemented: ORS 414.065 & 414.707
Proposed Amendments: 410-123-1060, 410-123-1220, 410-123-1260, 410-123-1490
Last Date for Comment: 11-18-11, Close of Business
Summary: Ref#: 123jan-n1011, Dental Services Program. The Division of
Medical Assistance Programs (Division) will amend rules to:
•
Correspond with the biennial review of the Health Services Commission’s
Prioritized List of Services for January 1, 2012, which reprioritizes some
dental procedures above the funding line that had not previously been covered
and moves other procedures below the funding line, to medical line, or to the
excluded (never-covered) list;
•
Clarify requests for prior authorizations for outpatient hospital or ambulatory
surgical center services for clients assigned to a Physician Care Organization
(PCO);
•
Change the title of the Limited Permit Dental Hygienist to Expanded Practice
Dental Hygienist in accordance with legislation passed in the 2011 Legislative
Session;
•
Reference the updated “Covered and Non-Covered Services document” and other
minor clarifications.
•
Clarify current policies and procedures to ensure these rules are not open to
interpretation by the provider or outside parties and to help eliminate
confusion possibly resulting in non-compliance and help facilitate provider
compliance with eligibility, service coverage and limitations, and billing
requirements.
• Revise text to improve readability and take care of “housekeeping”
corrections if needed.
Proposed
rules are available on the DMAP website:
http://www.dhs.state.or.us/policy/healthplan/rules/notices.html
For
hardcopy requests, call: (503) 947-5081
Rules Coordinator: Darlene Nelson
Address: Oregon Health Authority, Division of Medical
Assistance Programs, 500 Summer St. NE, Salem, OR
97301
Telephone: (503) 945-6927
Rule
Caption: Legislatively-approved budget with provider rate changes.
Date: Time: Location:
11-16-11 10:30
a.m. HSB
Bldg., Hearing Rm. 137B
500
Summer St. NE
Salem,
OR
Hearing Officer: Darlene Nelson
Stat. Auth.: ORS 413.042
Other Auth.: HB 5529, 2011 OR Legislative Assembly
Stats. Implemented: ORS 414.065
Proposed Amendments: 410-127-0060
Last Date for Comment: 11-18-11, Close of Business
Summary: Ref# PR 252-0112, Home Health Services Program. The Home Health
Services Program administrative rules govern the Division of Medical Assistance
Programs’ (Division), payments for services provided to certain
Medicaid-eligible clients. In August 2011, the Division temporarily amended OAR
410-127-0060 to implement rate changes to HH providers to comply with budget
limitations required by the 2011 Legislative Assembly in SB 5529 and implement
adjustments based on provider and association Rules Advisory Committee (RAC)
input. With this Notice, the Division will permanently amend the rule including
revisions for rate changes and Medical supply daily maximums, and revert back
to rebasing and recalculation of rates as in the previous rule. However,
implementation of these amendments is subject to approval by the Centers for
Medicare and Medicaid Services (CMS).
Proposed
rules are available on the Division’s website:
http://www.dhs.state.or.us/policy/healthplan/rules/notices.html
For
hardcopy requests, call: (503) 947-5081
Rules Coordinator: Darlene Nelson
Address: Oregon Health Authority, Division of Medical
Assistance Programs, 500 Summer St. NE, Salem, OR
97301
Telephone: (503) 945-6927
Rule
Caption: Federal and state
requirements for hospice services in a nursing facility and rule language
clarification.
Date: Time: Location:
11-16-11 10:30
a.m. HSB
Bldg., Hearing Rm. 137B
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