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Oregon Bulletin

November 1, 2011

NOTICES OF PROPOSED RULEMAKING AND
PROPOSED RULEMAKING HEARINGS


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

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

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

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

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


 

 

Board of Accountancy
Chapter 801

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

Board of Licensed Professional Counselors and Therapists
Chapter 833

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

Board of Licensed Social Workers
Chapter 877

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

Board of Nursing
Chapter 851

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

Board of Parole and Post-Prison Supervision
Chapter 255

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

Board of Pharmacy
Chapter 855

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

Bureau of Labor and Industries
Chapter 839

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

Columbia River Gorge Commission
Chapter 350

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

Construction Contractors Board
Chapter 812

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

Department of Agriculture
Chapter 603

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

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

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

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

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

Department of Consumer and Business Services,
Insurance Division
Chapter 836

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

Department of Consumer and Business Services,
Oregon Occupational Safety and Health Division
Chapter 437

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

Department of Corrections
Chapter 291

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

Department of Energy
Chapter 330

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

Department of Environmental Quality
Chapter 340

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

Department of Fish and Wildlife
Chapter 635

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

Department of Geology and Mineral Industries
Chapter 632

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

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

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

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

Rule Caption: Changing OARs affecting Child Welfare programs.

Date:                         Time:                        Location:

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

Department of Human Services,
Children, Adults and Families Division:
Self-Sufficiency Programs
Chapter 461

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

Department of Justice
Chapter 137

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

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

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

Department of Revenue
Chapter 150

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

Department of Transportation
Chapter 731

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

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

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

Department of Transportation,
Highway Division
Chapter 734

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

Department of Transportation,
Motor Carrier Transportation Division
Chapter 740

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

Department of Transportation,
Rail Division
Chapter 741

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

Employment Department
Chapter 471

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

Employment Relations Board
Chapter 115

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

Land Conservation and Development Department
Chapter 660

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

Landscape Contractors Board
Chapter 808

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

Oregon Film and Video Office
Chapter 951

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

Oregon Health Authority
Chapter 943

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

Oregon Health Authority,
Addictions and Mental Health Division:
Addiction Services
Chapter 415

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

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

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

Oregon Health Authority,
Division of Medical Assistance Programs
Chapter 410

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