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Oregon Bulletin

November 1, 2012

 

NOTICES OF PROPOSED RULEMAKING AND
PROPOSED RULEMAKING HEARINGS

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

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

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

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

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


 

Board of Geologist Examiners, Chapter 809

Rule Caption: Update rules related to Board review and processing of complaints regarding public practice of geology.

Date: Time: Location:

11-16-12  10 a.m. 707 13th St. SE,   Conference Rm. A, 2nd Floor  Salem, OR

Hearing Officer: Christine Valentine

Stat. Auth.: For 809-020-0030: ORS 670.310, 672.615(1), 672.655 &672.675. For 809-055-0000: ORS 672.310, 672.315, 672.615(1) &672.665

Stats. Implemented: For 809-020-0030: ORS 672.505–672.705. For 809-055-0000: ORS 672.655 & 672.675

Proposed Amendments: 809-020-0030, 809-055-0000

Last Date for Comment: 11-16-12, Close of Business

Summary: 809-020-0030 Misconduct: The proposed rule amendments are intended to clarify the links between Board rules OAR 809-003-0000 Definitions and OAR 809 Division 20 Code of Professional Conduct and the Board’s statutory responsibilities and authorities related to discipline. The revised rule will provide registrants with a clearer understanding of the types of behaviors that can be subject to disciplinary action by the Board, which can include but is not limited to imposition of civil penalties. By clarifying the rule, the possibility for misunderstandings among the registrant pool and citizens should be reduced.

 809-055-0000 Complaint Process: This rule addresses the procedures used by the Board to investigate complaints. The Board has determined that the rule does not adequately reflect its current procedures for review and processing of complaint cases. The revised rule will accurately describe procedures, thereby increasing clarity for registrants and other parties involved with complaint cases.

Rules Coordinator: Christine Valentine

Address: Board of Geologist Examiners, 707 13th St. SE, Suite 114, Salem, OR 97301

Telephone: (503) 566-2837


 

Rule Caption: 2011–2013 Budget Adjustment and Board Policies and Procedures Update.

Date: Time: Location:

11-16-12  9 a.m. 707 13th St. SE   Conference Rm. A, 2nd Floor  Salem, OR

Hearing Officer: Christine Valentine

Stat. Auth.: OAR 809-010-0025: ORS 182.462 & 182.466. For OAR 809-001-0000: ORS 183. For OAR 809-001-0020, 0025, & 0030: ORS 182.460(5).

Stats. Implemented: ORS 672.505-672.705 & 182.456-182.472

Proposed Amendments: 809-010-0025, 809-001-0000

Proposed Repeals: 809-001-0020, 809-001-0025, 809-001-0030

Last Date for Comment: 11-16-12, Close of Business

Summary: 809-010-0025 Budget Rule: The Board seeks to increase its allowable expenditure limit for the 2011-2013 biennium in accordance with a revised budget that incorporates updated revenue and expense information. This will provide the Board with needed flexibility in managing Board business for the remainder of the biennium. No fee increases are required.

 809-001-0000 Notice Rule: The Board is required to follow the Oregon Administrative Procedures Act (APA), and the Board’s rule must be updated to remove conflicts with the APA. The revisions address timing of rulemaking notice and update a citation to the APA.

 809-001-0020, 809-001-0025, 809-001-0030 Policies/Procedures Rules: The Board needs to delete rules that refer to outdated State of Oregon policies and procedures as the contracting, procurement and personnel policies and procedures for the Board. The Board determined that administrative rule is not the best forum for adopting and updating internal policies and procedures, nor is this legally required. The Board has adopted by motion updated contracting, procurement, and personnel policies and procedures to address its obligations as a semi-independent agency. These rules are therefore obsolete.

Rules Coordinator: Christine Valentine

Address: Board of Geologist Examiners, 707 13th St. SE, Suite 114, Salem, OR 97301

Telephone: (503) 566-2837


Board of Massage Therapists, Chapter 334

Rule Caption: Clarifying Internal Cavity, Class Certification, Discipline, and Exempt Practices Rule Language, adding a definition.

Date: Time: Location:

11-26-12  9 a.m. 748 Hawthorne Ave. NE  Salem, OR 97301

Hearing Officer: David Fredrickson

Stat. Auth.: ORS 687.011, 687.121, 687.081

Stats. Implemented: ORS 687.121

Proposed Amendments: 334-001-0060, 334-010-0027, 334-010-0029, 334-010-0046, 334-040-0010

Last Date for Comment: 11-26-12, Close of Hearing

Summary: 334-010-0029 Internal Cavity: clarified rule language; 334-010-0027 Exempt Practices: corrected spelling; 334-010-0046 Class Certification: clarified in state and out of state school requirements; 334-001-0060 Definitions: Added successful completion definition; 334-040-0010 Discipline: clarified rule language

Rules Coordinator: Christine West

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

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


Board of Parole and Post-Prison Supervision, Chapter 255

Rule Caption: Update Rules Governing Conduct of Board Hearings.

Stat. Auth.: ORS 144.120, 144.120(7), 144.130, 144.035(5), 144.120(1)(b), 144.123, 192.690, 144.750, 144.050, 144.140, 192.502(4) or (5), 144.185, 144.223, 144.260 & 144.135

Stats. Implemented: ORS 144.120, 144.260, 144.135, 144.185, 144.130, 144.185, 144.125(1), 144.223, 144.050, 144.140, 144.750, former ORS 144.120(7), 144.123, 192.630 & 144.035(5)

Proposed Adoptions: 255-030-0046

Proposed Amendments: 255-030-0010, 255-030-0013, 255-030-0021, 255-030-0023, 255-030-0024, 255-030-0025, 255-030-0026, 255-030-0027, 255-030-0032, 255-030-0035, 255-030-0040, 255-030-0055

Last Date for Comment: 11-26-12, 5 p.m.

Summary: These amendments: (1) remove outdated formatting and grammar; (2) reflect current and future technology changes that relate to holding hearings; (3) expand language to provide clear information on agency procedures for holding hearings; (4) clarify who may attend hearings and the manner in which individuals may submit information to the Board; (5) and increase opportunities for inclusion in hearings of district attorneys, victims and/or their representatives, as well as others who may have a substantial interest in the case, or who may be able to provide information to assist the Board in its deliberations.

Rules Coordinator: Shawna Harnden

Address: Board of Parole and Post-Prison Supervision, 2575 Center St. NE, Salem, OR 97301

Telephone: (503) 945-0913


Board of Pharmacy, Chapter 855

Rule Caption: Amend, adopt, renumber or repeal Emergency Department Dispensing, Fees, Wholesaler Definition and Division 041 rules.

Date: Time: Location:

11-29-12  9 a.m. 800 NE Oregon St.  Conference Rm. 1A  Portland, OR 97232

Hearing Officer: Courtney Wilson

Stat. Auth.: ORS 475.035 & 689.205

Stats. Implemented: ORS 689.135, 689.151, 689.155, 689.205, 689.225 689.305, 689.505, 689.508, 689.515, 689.774 & 2012 OL Ch. 34

Proposed Amendments: 855-041-6410, 855-065-0005, 855-110-0007

Proposed Repeals: 855-041-0007, 855-041-0030

Proposed Ren. & Amends: 855-041-0005 to 855-041-1080, 855-041-0015 to 855-041-1090, 855-041-0026 to 855-041-1020, 855-041-0035 to 855-041-2100, 855-041-0060 to 855-041-1040, 855-041-0060 to 855-041-1160, 855-041-0060 to 855-041-1165, 855-041-0065 to 855-041-1105, 855-041-0065 to 855-041-1120, 855-041-0065 to 855-041-1125, 855-041-0065 to 855-041-1130, 855-041-0135 to 855-041-6800, 855-041-0145 to 855-041-7050, 855-041-0160 to 855-041-7060, 855-041-0162 to 855-041-7070, 855-041-0165 to 855-041-8050, 855-041-0360 to 855-041-4045, 855-041-0620 to 855-041-4120

Last Date for Comment: 11-29-12, 4:30 p.m.

Summary: The Division 041 Emergency Department Dispensing amendments are needed to update labeling and record requirements. These rules also propose to establish requirements for Automated Dispensing Machines (ADM) within the Emergency Department.

 The Board is in the process of reorganizing and renumbering Division 041 to provide greater clarity, order and consistency with Drug Enforcement Administration (DEA) and Food and Drug Administration (FDA) regulations. For those rules that only required renumbering, they have been filed and updated with the Secretary of State. This filing includes rules that have been both renumbered and amended. Also reflected are rules that are proposed to be repealed because they are outdated. The Board intends to develop new rules to accommodate new business models and will review the Division in its entirety to ensure that the rules accurately reflect current pharmacy practice standards.

 The proposed amendments in Division 065 permanently amend the definition of Class II Wholesaler to include Oxygen USP and medical gases which is currently a Temporary Rule. The Temporary Rule will expire on December 16, 2012.

 The proposed amendments in Division 110 establish a permanent licensing and delinquent fee for the registration and renewal of Supervising Physician Dispensing Outlets as required by 2012 Senate Bill 1565. This rule is currently a Temporary Rule and will expire on December 16, 2012.

Rules Coordinator: Karen MacLean

Address: Board of Pharmacy, 800 NE Oregon St., # 150, Portland, OR 97232

Telephone: (971) 673-0001


Board of Psychologist Examiners, Chapter 858

Rule Caption: Modifies educational and exam requirements for licensure; clarifies criteria for complaint rejection.

Date: Time: Location:

1-14-13  9 a.m. 3218 Pringle Road SE, Suite 130  Salem, OR 97302

Hearing Officer: LaRee Felton

Stat. Auth.: ORS 675.010–675.150

Stats. Implemented: ORS 675.030, 675.050, 675.065, 675.070 & 675.110

Proposed Amendments: 858-010-0010, 858-010-0015, 858-010-0017, 858-010-0030, 858-020-0025

Proposed Repeals: 858-010-0010(T), 858-010-0015(T), 858-010-0017(T), 858-010-0030(T), 858-020-0025(T)

Last Date for Comment: 1-14-13, 5 p.m.

Summary: Modifies the core and clinical coursework content areas and adds a requirement for a minimum number of graded courses to the clinical psychology educational requirements for licensure as a psychologist for applicants who possess a doctoral degree from a regionally accredited, provincially chartered, or foreign program. Also allows these and psychologist associate applicants to complete limited coursework outside of their degree-granting program if the applicant’s degree-granting program was deficient in required content areas. Allows certain psychologist applicants previously licensed for at least 15 years to meet the EPPP (national) exam requirement if they previously passed the exam based on the original licensing board’s standards. Establishes when a candidate for licensure must retake the jurisprudence exam. Clarifies the criteria used to reject a complaint filed with the Board.

Rules Coordinator: LaReé Felton

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

Telephone: (503) 373-1196


Department of Administrative Services, Chapter 125

Rule Caption: Adopts, Amends and Repeals Department of Administrative Services Public Contracting Rules.

Date: Time: Location:

11-15-12  1 p.m. 155 Cottage St. NE,   Conference Rm. B  Salem, OR 97301

Hearing Officer: Jay Jackson

Stat. Auth.: ORS 279A.065 & 279A.070

Stats. Implemented: ORS 279A.010, 279A.015, 279A.020, 279A.030, 279A.050, 279A.065, 279A.070, 279A.075, 279A.100, 279A.105, 279A.110, 279A.125, 279A.140, 279A.145, 279A.150, 279A.155, 279A.180, 279A.200, 279A.205, 279A.210, 279A.215, 279A.220, 279A.225, 279B.005, 279B.015, 279B.025, 279B.030, 279B.033, 279B.036, 279B.050, 279B.055, 279B.060, 279B.065, 279B.070, 279B.075, 279B.080, 279B.085, 279B.110, 279B.115, 279B.130, 279B.140, 279B.205, 279B.210, 279B.270, 279B.280, 279B.400, 279B.410, 279B.415, 279B.420, 279B.425, 279C.110, 279C.320, 279C.335 & 0212 OL Ch. 52, Ch. 53 & Ch. 58

Proposed Adoptions: 125-246-0316, 125-246-0318, 125-246-0319, 125-247-0805, 125-247-0810

Proposed Amendments: 125-246-0100, 125-246-0110, 125-246-0165, 125-246-0170, 125-246-0210, 125-246-0220, 125-246-0321, 125-246-0322, 125-246-0323, 125-246-0333, 125-246-0335, 125-246-0345, 125-246-0350, 125-246-0351, 125-246-0353, 125-246-0360, 125-246-0400, 125-246-0500, 125-246-0556, 125-246-0576, 125-246-0800, 125-247-0100, 125-247-0110, 125-247-0165, 125-247-0255, 125-247-0260, 125-247-0265, 125-247-0270, 125-247-0275, 125-247-0280, 125-247-0285, 125-247-0287, 125-247-0288, 125-247-0296, 125-247-0300, 125-247-0330, 125-247-0575, 125-247-0600, 125-247-0690, 125-247-0700, 125-247-0710, 125-247-0720, 125-247-0731, 125-247-0740, 125-247-0750, 125-247-0760, 125-248-0100, 125-248-0300, 125-249-0630

Proposed Repeals: 125-246-0312, 125-246-0410, 125-246-0420, 125-246-0430, 125-246-0440, 125-246-0450, 125-246-0460, 125-246-0470, 125-246-0560

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

Summary: Since 2005, the Department of Administrative Services (DAS) has developed and amended rules (Rules) to put into practice the Public Contracting Code, ORS 279 ABC (Code). The Rules apply to state agencies subject to DAS procurement authority (Agencies). In 2012, the Legislature made changes to select sections of the Code. In addition to the legislative changes to the Code, the Department of Justice and Agencies requested select Rule changes to streamline or reduce duplications in 2011 and 2012. Now, in response to the legislative changes and requests for change from stakeholders, DAS needs to amend the select Rules listed above.

 DAS also needs to amend the Rules to reflect the name change from State Procurement Office due to the reorganization of DAS effective July 1, 2012.

Rules Coordinator: Janet Chambers

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

Telephone: (503) 378-5522


 

Rule Caption: Repeal, Amend & Renumber DAS Rules for housekeeping and clarity and to amend Charitable Fund Drive costs.

Date: Time: Location:

11-15-12  1–2 p.m. DAS Exec. Bldg.  155 Cottage St., CR-A  Salem, OR 97301

Hearing Officer: Bret West

Stat. Auth.: ORS 184.305, 184.340, 192.430, 292.045 & 461.500-461.555

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

Stats. Implemented: ORS 184.340, 184.345, 192.410-192.505, 292.043, 292.045, 2003 HB 5076

Proposed Repeals: 125-021-0005

Proposed Ren. & Amends: 121-020-0010 to 125-020-0010, 121-020-0020 to 125-020-0020, 121-020-0030 to 125-020-0030, 121-020-0040 to 125-020-0040, 121-020-0050 to 125-020-0050, 121-030-0000 to 125-030-0000, 121-030-0010 to 125-030-0010, 121-030-0020 to 125-030-0020, 121-030-0030 to 125-030-0030, 121-030-0040 to 125-030-0040, 121-030-0050 to 125-030-0050, 121-030-0060 to 125-030-0060, 121-030-0070 to 125-030-0070, 121-030-0080 to 125-030-0080, 121-030-0090 to 125-030-0090, 121-040-0010 to 125-170-0010

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

Summary: The new rules better organize the administrative rules for DAS, eliminating Chapter 121, Office of Business Administration by amending and renumbering rules under DAS Chapter 125. Also, to reflect a division name change due to the reorganization effective July 1, 2012.

 Amend & Renumber Division 30, Rules 121-030-0000 through 121-030-0090 to 125-030-0000 through 125-030-0000, Annual Charitable Fund Drive Program. The rule is being amended to put an upper limit on the funds the Campaign Management Organization can expend in coordinating the campaign.

Rules Coordinator: Janet Chambers

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

Telephone: (503) 378-5522


Department of Administrative Services, Office of Business Administration, Chapter 121

Rule Caption: Repeal rules that are no longer needed or are duplicate in Chapter 125.

Date: Time: Location:

11-15-12  1–2 p.m. DAS Exec. Bldg.  155 Cottage St., CR-A  Salem, OR 97301

Hearing Officer: Bret West

Stat. Auth.: ORS 184 & 192

Stats. Implemented:

Proposed Repeals: 121-001-0000, 121-001-0005, 121-020-0000

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

Summary: The new rules better organize the administrative rules for DAS, eliminating Chapter 121, Office of Business Administration and repealing rules that are no longer needed or will move to , Chapter 125.

Rules Coordinator: Janet Chambers

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

Telephone: (503) 378-5522


Department of Agriculture, Chapter 603

Rule Caption: Clarifies statutes; sets fees for filing claims; clarifies financial assurance; makes mediation available.

Date: Time: Location:

11-28-12  10 a.m. Oregon Dept. of Agriculture Bldg.  635 Capitol St. NE  Salem, OR 97301-2532

Hearing Officer: Dan Hilburn

Stat. Auth.: ORS 561.190, 576.738, 576.741, 576.744, 633.660, 633.670 & 633.680

Stats. Implemented: ORS 576.738, 576.741 & 574.744

Proposed Adoptions: 603-047-0010 – 603-047-0500

Last Date for Comment: 11-30-12, 5 p.m.

Summary: The proposed rule provides clarification to ORS 576.715 through ORS 576.744 “Payment for Agriculture Commodities”, colloquially known as the “Slow Pay – No Pay” law. Sets a fee of $50 for producers or growers making a complaint of no or untimely payment to the department. Sets a fee of $150 to producers or growers for each notice of payment demand, issued by the department, to a seed dealer. Sets rules requiring a surety bond or irrevocable letter of credit for not less than $100,000 as a condition of renewing the license of a seed dealer suspended under ORS 576. Establishes a process for mediation of disputes between parties of a grass seed contract.

Rules Coordinator: Sue Gooch

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

Telephone: (503) 986-4583


 

Rule Caption: Establishes schedule of civil penalties for violations of various food safety laws and rules.

Date: Time: Location:

11-27-12  9 a.m. Oregon Dept.of Agriculture  635 Capitol St NE  Salem, OR 97301-2532

Hearing Officer: Eric Edmunds

Stat. Auth.: ORS 561.190, 603.995, 616.996, 619.996, 621.995, 622.996, 625.995, 628.350, 628.995, 632.995 & 635.995

Stats. Implemented: ORS 603.995, 616.996, 619.996, 621.995, 622.996, 625.995, 628.995, 632.995 & 635.995

Proposed Adoptions: 603-013-0905, 603-013-0910, 603-013-0920, 603-013-0931, 603-017-0900, 603-017-0910, 603-017-0920, 603-017-0930, 603-021-0900, 603-021-0910, 603-021-0920, 603-021-0930, 603-022-0900, 603-022-0910, 603-022-0920, 603-022-0930, 603-024-0900, 603-024-0910, 603-024-0920, 603-024-0930, 603-025-0900, 603-025-0910, 603-025-0920, 603-025-0930, 603-028-0900, 603-028-0910, 603-028-0920, 603-028-0930, 603-100-0900, 603-100-0910, 603-100-0920, 603-100-0930

Last Date for Comment: 11-30-12, 5 p.m.

Summary: The rules create schedules of civil penalties that the Department of Agriculture may impose when a person fails to comply with statutes or rules relating to various food safety issues. Civil penalty schedules are added to ORS Chapter 603, Divisions 13 (Slaughtering Establishments), 17 (Refrigerated Lockers), 21 (Bakeries and Nonalcoholic Beverages), 22 (eggs), 24 (Definitions and Standards of Identity, Labeling and Other Regulations Relating to Fluid Milk and Dairy Products), 25 (Food Establishment Standards and Standards for Retail Food Service, 28 (Meat Products and Establishments), and 100 (Shellfish Sanitation). Penalties imposed will comply with ORS 183.745, except that any written application for a hearing must be received by the Department no later than 10 days after notice of a penalty. No penalty may exceed $10,000. Penalties are based on a monetary range that increases as public health becomes a more apparent concern, or in situations that make regulatory oversight impossible for the Department. To determine penalty amounts the Department will consider the gravity of the violation, past violations, and other mitigating circumstances.

Rules Coordinator: Sue Gooch

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

Telephone: (503) 986-4583


 

Rule Caption: Housekeeping Updates to Noxious Weed, Plant Pest, and Plant Disease Regulations.

Stat. Auth.: ORS 561, 569, 570

Stats. Implemented: ORS 561.190

Proposed Amendments: 603-052-0075, 603-052-0114, 603-052-0116, 603-052-0127, 603-052-0129, 603-052-1200, 603-052-1320

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

Summary: The Department of Agriculture proposes housekeeping changes to six rules as follows: update scientific name of chestnut blight; update disease distribution for Dutch elm disease and peach yellows phytoplasma; add any properties in Oregon where Japanese beetle, European chafer, or Oriental beetle are found to the area covered under Oregon’s quarantine against Japanese beetle and related pests; update title of Plant Program Area Director, add newly listed weeds to the state noxious weed quarantine (goats rue and yellow archangel); add eight invertebrates to the list of species approved for commercial use and update scientific names (Orthoporus texicolens, Stratiolaelaps aculeifer, S. miles, Rhopalosiphum padi, Sitobion avenae, Atheta coriaria, Aphidius aphidimyza, Osmis lignaria propinqua); delete three species from the approved list (Luna moth, monarch butterfly, Melittobia digitata); and correct spelling of “bumblebees.”

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: Amending the 2011 Oregon Electrical Specialty Code for arc-fault circuit interrupter provisions.

Date: Time: Location:

2-19-13  10 a.m. 1535 Edgewater St. NW  Salem, OR 97304

Hearing Officer: Dennis Clements

Stat. Auth.: ORS 183.335, 455.030, 455.110, 455.610 & 479.730

Stats. Implemented: ORS 183.335, 455.030, 455.110, 455.610 & 479.730

Proposed Adoptions: Rules in 918-305

Proposed Amendments: Rules in 918-305

Proposed Repeals: Rules in 918-305

Last Date for Comment: 2-22-13, 5 p.m.

Summary: This proposed rule expands the requirement for arc-fault circuit interrupter (AFCI) protection in dwelling units. The proposed rule also adds an exception to the required AFCI protection for a limited number of branch circuits supplying one or more outlets serving in a single room of a dwelling unit.

Rules Coordinator: Stephanie Snyder

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

Telephone: (503) 373-7438


 

Rule Caption: Alternative Inspection Pilot Program.

Date: Time: Location:

11-27-12  9:30 a.m. 1535 Edgewater Street NW  Salem, OR 97304

Hearing Officer: Richard Baumann

Stat. Auth.: ORS 455.030, 455.100 & 455.110

Stats. Implemented: ORS 455.110 & 455.705

Proposed Adoptions: Rules in 918-674

Proposed Amendments: Rules in 918-674

Last Date for Comment: 11-30-12, 5 p.m.

Summary: This proposed rule creates an alternative inspection pilot program for residential prefabricated structures intended for rent, sale, or lease in the state of Oregon.

Rules Coordinator: Richard J. Baumann

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

Telephone: (503) 373-7438


 

Rule Caption: Amends the 2011 Oregon Plumbing Specialty Code.

Date: Time: Location:

11-27-12  10 a.m. 1535 Edgewater St. NW  Salem, OR 97304

Hearing Officer: Terry Swisher

Stat. Auth.: ORS 447.020, 455.020, 455.030 & 455.110

Stats. Implemented: ORS 447.020, 455.020, 455.030 & 455.110

Proposed Adoptions: 918-750-0115

Last Date for Comment: 11-30-12, 5 p.m.

Summary: This proposed rule amends the 2011 Oregon Plumbing Specialty Code relative to fats, oils, and grease interceptors in food service establishments.

Rules Coordinator: Richard J. Baumann

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

Telephone: (503) 373-7438


Department of Consumer and Business Services, Insurance Division, Chapter 836

Rule Caption: Changes to Mortality Adjustment Factors in Calculating Deficiency Reserves When Valuing Life Insurance Policies.

Date: Time: Location:

12-3-12  1:30 p.m. 350 Winter St. NE,   Conference Rm. F   Salem, OR

Hearing Officer: Jeannette Holman

Stat. Auth.: ORS 731.244

Stats. Implemented: ORS 733.030, 733.210 & 733.300–733.322

Proposed Amendments: 836-031-0765

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

Summary: These proposed rules remove restrictions on the mortality adjustment factors (X factors) in the deficiency reserve calculation. The deficiency reserve calculation allows insurers to adjust the valuation mortality to mortality that approximates the expected mortality by use of the X factors. The arbitrary restrictions that are being removed from the rule prevent the use of mortality with the amount and slope similar to the expected mortality. Without this change, insurers may be required to report reserve liability larger than necessary and therefore overprice their product. This would place the insurers and consumers at a competitive disadvantage.

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 bronze and silver health plans for individuals and small business groups in Oregon.

Date: Time: Location:

11-28-12  9:30 a.m. 350 Winter St. NE,   Conference Rm. 260  Salem, OR

Hearing Officer: Jeannette Holman

Stat. Auth.: ORS 731.244, 743.822 & 746.240

Stats. Implemented: ORS 743.822

Proposed Adoptions: 836-100-0200

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

Summary: This proposed rule establishes the form, level of coverage and benefit design requirements for the standard bronze and silver health benefit plans. The requirements ensure that the bronze plan is actuarially equivalent to 60 percent of the full actuarial value of benefits included in Oregon’s essential health benefits package adopted by the United States Secretary of Health and Human Services pursuant to 42 U.S.C. 18022(a).

 The requirements ensure that the silver plan is actuarially equivalent to 70 percent of the full actuarial value of benefits included in Oregon’s essential health benefits package adopted by the United States Secretary of Health and Human Services pursuant to 42 U.S.C. 18022(a) .

 After January 1, 2014, as a condition to transacting insurance in Oregon a health insurer must offer a bronze and silver plan inside and outside the Oregon Health Insurance Exchange.

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: Adoption of Annual and Supplemental Statement Blanks and Instructions for Reporting Year 2012.

Stat. Auth.: ORS 731.244, 731.574 & 733.210

Stats. Implemented: ORS 731.574 & 733.210

Proposed Amendments: 836-011-0000

Last Date for Comment: 12-3-12, 5 p.m.

Summary: This rulemaking prescribes, for reporting year 2012, the required forms for the annual and supplemental financial statements required of insurers and health care service contractors under ORS 731.574, as well as the necessary instructions for completing the forms.

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: Propose to adopt federal corrections/technical amendments/updates in general industry, construction, and maritime.

Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001–654.295

Proposed Amendments: 437-002-0005, 437-002-0120, 437-002-0240, 437-003-0001, 437-005-0001, 437-005-0002, 437-005-0003

Last Date for Comment: 11-27-12, 5 p.m.

Summary: This rulemaking is to keep Oregon OSHA in harmony with recent changes to Federal OSHA’s standards published in three Federal Registers.

 Federal OSHA updated the references in standards to recognize the 2009 edition of the American National Standard for Industrial Head Protection, and is deleting the 1986 edition of that national consensus standard because it is out of date. These changes were published in the June 22, 2012 Federal Register.

 Federal OSHA corrected an editorial instruction printed in the June 22, 2012 Federal Register. This correction was published in the July 23, 2012 Federal Register.

 Federal OSHA removed an unnecessary term in Appendix C of Respiratory Protection; restoring inadvertently removed requirements in Mechanical Power Presses; and, corrected a cross reference in two paragraphs in Appendix A to subdivision L of scaffold standards in construction. These changes were published in the August 7, 2012 Federal Register.

 Oregon OSHA proposes to make these corrections/amendments/updates in general industry, construction, and maritime.

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

Rule Caption: Workers’ compensation rules governing Workers’ Benefit Fund assessments.

Date: Time: Location:

11-27-12  9 a.m. Labor & Industries Bldg.   Room F (basement)  350 Winter Street NE  Salem, OR

Hearing Officer: Fred Bruyns

Stat. Auth.: ORS 656.726(4) & 656.506

Stats. Implemented: ORS 656.506

Proposed Amendments: 436-070-0002, 436-070-0003, 436-070-0010

Last Date for Comment: 11-30-12, Close of Business

Summary: The agency proposes to amend OAR chapter 436, division 070, “Workers’ Benefit Fund Assessment,” to:

 Establish the hourly assessment rate that subject employers and any employers electing to provide workers’ compensation coverage for their employees must pay to the Department of Consumer and Business Services for the Workers’ Benefit Fund.

Rules Coordinator: Fred Bruyns

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

Telephone: (503) 947-7717


 

Rule Caption: Workers’ compensation rules governing annual reporting requirements for Oregon self-insured employers.

Date: Time: Location:

11-27-12  9 a.m. Labor & Industries Bldg.  350 Winter St. NE,   Room F (basement)  Salem, OR

Hearing Officer: Fred Bruyns

Stat. Auth.: ORS 656.407, 656.430 & 656.726(4)

Stats. Implemented: ORS 656.407 & 656.430

Proposed Amendments: 436-050-0175

Last Date for Comment: 11-30-12, Close of Business

Summary: The agency proposes to amend OAR chapter 436, division 050, “Employer/Insurer Coverage Responsibility,” to modify self-insured employers’ reporting requirements affecting claims with incurred losses. Currently, reports must aggregate claims with incurred costs of $5,000 or less, providing aggregate totals for total paid, outstanding reserves, total incurred losses, and number of claims, while claims exceeding $5,000 must be detailed individually.

 The agency proposes to increase the reporting threshold for individual claims to $10,000, effective Jan. 1. 2013, to remain consistent with reporting requirements used by the National Council on Compensation Insurance.

Rules Coordinator: Fred Bruyns

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

Telephone: (503) 947-7717


Department of Energy, Chapter 330

Rule Caption: Small Scale Local Energy Loan Program rules for amendments, default management, fee clarification, other aspects.

Date: Time: Location:

11-29-12  9 a.m. Oregon Dept. of Energy  625 Marion St. NE  Salem, OR 97301

Hearing Officer: Elizabeth Ross

Stat. Auth.: ORS 469.040, 470.080 & 470.140

Stats. Implemented: ORS 470.050–470.815

Proposed Adoptions: 330-110-0046, 330-110-0047, 330-110-0048

Proposed Amendments: 330-110-0005, 330-110-0010, 330-110-0015, 330-110-0016, 330-110-0025, 330-110-0030, 330-110-0035, 330-110-0036, 330-110-0040, 330-110-0042, 330-110-0045, 330-110-0055

Proposed Repeals: 330-110-0020, 330-110-0050

Last Date for Comment: 11-29-12, 5 p.m.

Summary: The proposed rules for the Small Scale Local Energy Loan Program revise rule definitions to clarify terms and align with current practices. The rules include processes for amendments, forbearance, and loan delinquency and default management. Overall, the proposed rules increase transparency by clarifying project technical requirements and simplify the fee structure. The proposed rules also include housekeeping amendments to correct terminology, simplify language and remove sections that are obsolete or covered elsewhere in statute or rule. The Agency requests public comment on these draft rules.

Rules Coordinator: Kathy Stuttaford

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

Telephone: (503) 373-2127


 

Rule Caption: Public building green energy technology program rules incorporating SB 1533 (2012) to include geothermal projects.

Date: Time: Location:

11-28-12  9 a.m. Oregon Dept. of Energy  625 Marion St. NE  Salem, OR 97301

Hearing Officer: Elizabeth Ross

Stat. Auth.: ORS 469.040, 279C.528 & 2012 OL Ch. 83, Sec. 2 (SB 1533)

Stats. Implemented: ORS 469.040, 279C.528 & 2012 OL Ch. 83, Sec. 2 (SB 1533)

Proposed Adoptions: 330-135-0018, 330-135-0047, 330-135-0048

Proposed Amendments: 330-135-0010, 330-135-0015, 330-135-0020, 330-135-0025, 330-135-0030, 330-135-0035, 330-135-0040, 330-135-0045, 330-135-0050, 330-135-0055

Last Date for Comment: 11-29-12, 5 p.m.

Summary: The rule amendments implement changes enacted by Oregon Laws 2012, chapter 83 (SB 1533). SB 1533 adds geothermal electricity generation or the direct use of geothermal energy to the list of green energy technologies eligible to satisfy statutory requirements. The rule also adds procedures for qualifying green energy technology to be built away from the site, clarifies the definition of total contract price, and extends procedures for deferring expenditures to a future project. Current statute requires contracting agencies to include 1.5 percent of the total contract price for the inclusion of solar technology in construction or renovation of public buildings. The department requests public comment on these draft rules.

Rules Coordinator: Kathy Stuttaford

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

Telephone: (503) 373-2127


 

Rule Caption: Residential Energy Tax Credit rules for cost terms, eligibility, tax-credit technician certification and other aspects.

Date: Time: Location:

12-4-12  9 a.m. Oregon Dept. of Energy  625 Marion St. NE  Salem, OR 97301

Hearing Officer: Elizabeth Ross

Stat. Auth.: ORS 469.040, 469B.103, 469B.106 & 469B.112

Stats. Implemented: ORS 469B.100–469B.118 & 316.116

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, 330-070-0029, 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: 12-5-12, 5 p.m.

Summary: The proposed rules for the Residential Energy Tax Credit program clarify cost terms, statutory incentive amounts, the year the tax credit can be claimed and tax credit technician registration. Additionally, the rules update the renewal requirements, renewal timelines and testing requirements for tax credit technicians. The rules provide for an upgraded heat pump system as an energy efficient appliance and update energy recovery and heat recovery ventilator minimum sensible recovery efficiency (SRE) requirements. The rules update premium efficiency biomass combustion device eligibility and incentive amounts. For solar photovoltaic projects, the rules clarify that the eligible cost does not include structures beyond those needed for mounting or racking. For wind projects, the rules suggest that applicants consider 20 years of future tree growth. Lastly, the proposed rules also include housekeeping amendments to correct terminology, simplify language and update statutory references. The department requests public comment on these draft rules.

Rules Coordinator: Kathy Stuttaford

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

Telephone: (503) 373-2127


Department of Fish and Wildlife, Chapter 635

Rule Caption: Amendments to Rules for Commercial and Recreational Groundfish Fisheries.

Date: Time: Location:

12-6-12  8 a.m. Holiday Inn Portland Airport  8439 NE Columbia Blvd.  Portland, OR 97220

Hearing Officer: Fish and Wildlife Commission

Stat. Auth.: ORS 496.138, 496.146, 496.162, 497.121, 506.036, 506.109, 506.119, 506.129, 508.530, 508.535 & 513.020

Stats. Implemented: ORS 496.004, 496.009, 496.162, 506.109, 506.119, 506.129, 506.306, 508.116, 508.025, 508.530, 508.040, 508.505, 508.535, 508.550, 508.760, 508.765, 508.858, 508.901, 508.931, 508.947 & 508.949

Proposed Adoptions: Rules in 635-004, 635-005, 635-006, 635-0039

Proposed Amendments: Rules in 635-004, 635-005, 635-006, 635-0039

Proposed Repeals: Rules in 635-004, 635-005, 635-006, 635-0039

Last Date for Comment: 12-6-12

Summary: These amended or adopted rules, as determined justified, will modify commercial and sport groundfish fisheries and establish annual groundfish management measures for 2013. Housekeeping and technical corrections to the regulations will occur to ensure rule consistency.

Rules Coordinator: Therese Kucera

Address: Department of Fish and Wildlife, 3406 Cherry Ave. NE, Salem, OR 97303

Telephone: (503) 947-6033


 

Rule Caption: Amendments to Rule for 15-Mile Creek Sanctuary on the Columbia River.

Date: Time: Location:

12-6-12  8 a.m. Holiday Inn Portland Airport  8439 NE Columbia Blvd.  Portland, OR 97220

Hearing Officer: Fish and Wildlife Commission

Stat. Auth.: ORS 183.325 & 506.119

Stats. Implemented: ORS 506.129 & 507.030

Proposed Adoptions: Rules in 635-041

Proposed Amendments: Rules in 635-041

Proposed Repeals: Rules in 635-041

Last Date for Comment: 12-6-12

Summary: Amended or adopted rules, as determined justified, will modify Treaty Indian subsistence fishing rules within and around the 15-mile Creek sanctuary on the Columbia River. Housekeeping and technical corrections to the regulations may occur to ensure rule consistency.

Rules Coordinator: Therese Kucera

Address: Department of Fish and Wildlife, 3406 Cherry Ave. NE, Salem, OR 97303

Telephone: (503) 947-6033


 

Rule Caption: Rules for Commercial and Recreational Fisheries in the Columbia River and Tributaries.

Date: Time: Location:

12-7-12  8 a.m. Holiday Inn Portland airport  8439 NE Columbia Blvd.  Portland, OR 97220

Hearing Officer: Fish and Wildlife Commission

Stat. Auth.: ORS 183.325, 496.138, 496.146, 497.121, 506.036, 506.109, 506.119, 506.129 & 513.020

Stats. Implemented: ORS 496.004, 496.009, 496.162, 506.109, 506.129, 507.030, 508.025, 508.040 & 508.550

Proposed Adoptions: Rules in 635-004, 635-005, 635-007, 635-014, 635-023, 635-042, 635-500

Proposed Amendments: Rules in 635-004, 635-005, 635-007, 635-014, 635-023, 635-042, 635-500

Proposed Repeals: Rules in 635-004, 635-005, 635-007, 635-014, 635-023, 635-042, 635-500

Last Date for Comment: 12-7-12

Summary: These amended or adopted rules, as determined justified, will modify commercial and recreational fisheries in the Columbia River and tributaries; and establish management measures for future fisheries. Housekeeping and technical corrections to the regulations may occur to ensure rule consistency.

Rules Coordinator: Therese Kucera

Address: Department of Fish and Wildlife, 3406 Cherry Ave. NE, Salem, OR 97303

Telephone: (503) 947-6033


 

Rule Caption: Amend Wildlife Integrity Rules for species classification of Tiger Muskie, Asian Carp and Quagga/Zebra Mussels.

Date: Time: Location:

12-6-12  1 p.m. Holiday Inn Portland Airport  8439 NE Columbia Blvd.  Portland, OR 97220

Hearing Officer: OR Fish and Wildlife Commission

Stat. Auth.: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242

Stats. Implemented: ORS 496.012, 496.138, 496.146, 497.298, 497.308, 497.312, 497.318, 498.022, 498.029, 498.052, 498.222 & 498.242

Proposed Amendments: Rules in 635-056

Last Date for Comment: 12-6-12, Close of Business

Summary: Amend Wildlife Integrity Rules to reclassify Tiger Muskie from prohibited to controlled species, Asian Carp as a prohibited species and classify live/dead quagga/zebra mussels as a prohibited species.

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: Adopt revised rule language that addresses ORS 522 revisions.

Date: Time: Location:

11-15-12  10 a.m. DOGAMI Albany Office  229 Broadalbin St. SW  Albany, OR 97321

Hearing Officer: Gary Lynch

Stat. Auth.: ORS 522

Stats. Implemented: ORS 522

Proposed Adoptions: 632-020-0028, 632-020-0032

Proposed Amendments: 632-020-0005, 632-020-0010, 632-020-0015, 632-020-0020, 632-020-0025, 632-020-0030, 632-020-0031, 632-020-0035, 632-020-0040, 632-020-0065, 632-020-0070, 632-020-0090, 632-020-0095, 632-020-0100, 632-020-0105, 632-020-0110, 632-020-0115, 632-020-0125, 632-020-0135, 632-020-0138, 632-020-0140, 632-020-0145, 632-020-0150, 632-020-0154, 632-020-0155, 632-020-0156, 632-020-0157, 632-020-0159, 632-020-0170, 632-020-0175, 632-020-0180

Proposed Renumberings: 632-020-0045, 632-020-0055, 632-020-0160

Last Date for Comment: 11-28-12, 12 p.m.

Summary: ORS chapter 522 authorizes the Department of Geology and Mineral Industries to control the drilling, redrilling, and deepening of wells for the discovery and production of geothermal resources so that such wells will be constructed, operated, maintained, and abandoned in the manner necessary to safeguard the life, health, property, and welfare of the people of this state and to encourage the maximum economic recovery of geothermal resources therefrom. The Act also gives the department responsibility for regulating re-injection of geothermal fluids into underground reservoirs within prescribed limits of ORS 522.019(2) in a manner which will not be detrimental to beneficial use of waters of the state.

Rules Coordinator: Gary Lynch

Address: Department of Geology and Mineral Industries, 229 Broadalbin St. SW, Albany, OR 97321

Telephone: (541) 967-2053


 

Rule Caption: Adopt revised rule language that addresses ORS 520 revisions.

Date: Time: Location:

11-15-12  1 p.m. DOGAMI Albany Office  229 Broadalbin St. SW  Albany, OR 97321

Hearing Officer: Gary Lynch

Stat. Auth.: ORS 520

Stats. Implemented: ORS 520

Proposed Amendments: 632-010-0004, 632-010-0008, 632-010-0010, 632-010-0011, 632-010-0012, 632-010-0014, 632-010-0015, 632-010-0016, 632-010-0017, 632-010-0018, 632-010-0020, 632-010-0128, 632-010-0130, 632-010-0132, 632-010-0134, 632-010-0136, 632-010-0138, 632-010-0140, 632-010-0142, 632-010-0144, 632-010-0146, 632-010-0148, 632-010-0150, 632-010-0151, 632-010-0152, 632-010-0154, 632-010-0156, 632-010-0157, 632-010-0159, 632-010-0161, 632-010-0162, 632-010-0163, 632-010-0165, 632-010-0166, 632-010-0167, 632-010-0170, 632-010-0172, 632-010-0174, 632-010-0176, 632-010-0178, 632-010-0182, 632-010-0186, 632-010-0188, 632-010-0190, 632-010-0192, 632-010-0194, 632-010-0196, 632-010-0198, 632-010-0205, 632-010-0210, 632-010-0220, 632-010-0225, 632-010-0230, 632-010-0235

Proposed Repeals: 632-010-0006, 632-010-0169

Last Date for Comment: 11-28-12, 12 p.m.

Summary: ORS chapter 520 authorizes the Department of Geology and Mineral Industries to control the exploration and development of oil and gas resources so that such wells will be constructed, operated, maintained, and decommissioned in the manner necessary to safeguard the life, health, property, and welfare of the people of this state and to encourage the maximum economic recovery of oil and gas resources therefrom. The Act also gives the department responsibility for regulating the construction of disposal wells for the reinjection of secondary produced formation waters into underground reservoirs within prescribed limits of ORS 520.095(13) in a manner which will not be detrimental to beneficial use of waters of the state.

Rules Coordinator: Gary Lynch

Address: Department of Geology and Mineral Industries, 229 Broadalbin St. SW, Albany, OR 97321

Telephone: (541) 967-2053


 

Rule Caption: Adopt revised rule language that addresses ORS 520 revisions.

Date: Time: Location:

11-15-12  3 p.m. DOGAMI Albany Office  229 Broadalbin St. SW  Albany, OR 97321

Hearing Officer: Gary Lynch

Stat. Auth.: ORS 520

Stats. Implemented: ORS 520

Proposed Amendments: 632-015-0005, 632-015-0010, 632-015-0015, 632-015-0020, 632-015-0025, 632-015-0030, 632-015-0035, 632-015-0040, 632-015-0045, 632-015-0050, 632-015-0055, 632-015-0060

Last Date for Comment: 11-28-12, 12 p.m.

Summary: ORS chapter 520 authorizes the Department of Geology and Mineral Industries to control the exploration and development of oil and gas resources so that such information and seismic test holes will be constructed, operated, maintained, and decommissioned in the manner necessary to safeguard the life, health, property, and welfare of the people of this state and to encourage the maximum economic recovery of oil and gas resources therefrom.

Rules Coordinator: Gary Lynch

Address: Department of Geology and Mineral Industries, 229 Broadalbin St. SW, Albany, OR 97321

Telephone: (541) 967-2053


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:

11-20-12  10 a.m Rm 257, 500 Summer St. NE  Salem, OR

Hearing Officer: Annette Tesch

Stat. Auth.: ORS 409.050, 411.060, 411.070, 411.083, 411.116, 411.404, 411.431, 411.432, 411.598, 411.600, 411.704, 411.706, 411.816, 412.006, 412.009, 412.014, 412.024, 412.049, 414.025, 414.042, 414.231, 414.826, 414.831, 414.839

Other Auth.: 25 USC 1408, 42 USC 402, 42 USC 408, 42 USC 408(a)(12), 42 USC 409, 42 USC 602(a), 42 USC sections 1396r-5(d)(3)(C), 42 USC sections 1396r-5(g), 7 CFR 273.10, 45 CFR 98, Public Law 93-134, 97-458, 103-66, Section 4004 of Public Law 112-96 (the Welfare Integrity & Data Improvement Act), Oregon Medicaid/State Children’s Health Insurance Program (SCHIP) Health Insurance & Flexibility & Accountability (HIFA) Section 115 Demonstration, 126 STAT. 197

Stats. Implemented: ORS 409.010, 409.050, 409.610, 411.060, 411.070, 411.083, 411.116, 411.117, 411.121, 411.122, 411.135, 411.404, 411.431, 411.432, 411.620, 411.640, 411.690, 411.700, 411.704, 411.706, 411.816, 412.006, 412.009, 412.014, 412.024, 412.049, 412.089, 412.151, 414.025, 414.042, 414.231, 414.826, 414.831, 414.839, HB 4165 (2012)

Proposed Amendments: 461-115-0016, 461-115-0430, 461-120-0340, 461-130-0330, 461-130-0335, 461-135-0089, 461-135-0407, 461-145-0080, 461-145-0260, 461-145-0580, 461-155-0180, 461-155-0235, 461-160-0015, 461-160-0055, 461-160-0580, 461-160-0620, 461-165-0010, 461-165-0060, 461-180-0100

Proposed Repeals: 461-115-0016(T), 461-120-0340(T), 461-135-0407(T), 461-145-0080(T), 461-145-0260(T), 461-145-0580(T), 461-160-0055(T), 461-160-0620(T)

Last Date for Comment: 11-21-12, 5 p.m.

Summary: OAR 461-115-0016 about the application process and reservation list for the Employment Related Day Care (ERDC) program is being amended to make permanent the temporary rule changes effective September 1, 2012, adding additional exemptions under which families would not be placed on the reservation list. Under this amendment, new applicants are exempt from the reservation list when the family is eligible for and being placed in a current opening in a contracted slot for the Oregon Program of Quality or the Head Start program. This amendment supports the Oregon Program of Quality initiative to increase the number of ERDC subsidy children who are able to access quality child care. These contracted slots will help Oregon state government prepare for an emerging statewide Tiered Quality Rating and Improvement System (TQRIS) and address Oregon’s diverse populations. Oregon State University will be researching how quality and stable child care impact Oregon’s low income ERDC subsidy children.

 OAR 461-115-0430 about periodic redeterminations of eligibility is being amended to change the redetermination period for clients in the TANF program, depending on their participation in the Job Opportunity and Basic Skills program. The purpose of this amendment is to treat similarly situated clients comparably and reduce workload on Department staff determining eligibility for the TANF program.

 OAR 461-120-0340 about the requirement in the TANF program to obtain child support from a non-custodial parent is being amended to expand the exemption from the requirement that a caretaker relative help the Department establish paternity of each needy child and locate and obtain support payments from the non-custodial parent of each needy child. The exemption would be expanded to any caretaker relative in a filing group that is a two-parent family. This amendment makes permanent the temporary rule change effective July 1, 2012.

 OAR 461-130-0330 about disqualifications in the Pre-Temporary Assistance to Needy Families (Pre-TANF), Refugee Assistance (REF), Supplemental Nutrition Assistance Program (SNAP) and Temporary Assistance to Needy Families (TANF) programs is being amended to clarify the rule by explaining effects of a disqualification in the Refugee and TANF programs in which the needs of an adult in the family are removed. Because the needs are removed, a different payment standard level is applied, which can cause the family to be over income for the Refugee or TANF programs.

 OAR 461-130-0335 about removing disqualifications and the effect on benefits in the Temporary Assistance to Needy Families (TANF) program is being amended to clarify the rule by indicating that a disqualification ends when TANF or Refugee Assistance (REF) benefits are closed for a reason other than closure at the end of the second level of disqualification.

 OAR 461-135-0089 about demonstrating compliance with substance abuse and mental health requirements and restoring cash benefits in the Pre-Temporary Assistance to Needy Families (Pre-TANF), Refugee Assistance (REF), and Temporary Assistance to Needy Families (TANF) programs is being amended to clarify that a disqualification ends when TANF or REF benefits are closed for a reason other than closure at the end of the second level of disqualification.

 OAR 461-135-0407 about clients in the Employment Related Day Care (ERDC) program who receive Oregon Program of Quality contracted child care is being adopted to make permanent a temporary rule adopted effective September 1, 2012, establishing policies that apply when the Department contracts with Oregon Program of Quality designated child care providers. These contracts offer full time contracted child care slots for eligible ERDC children age zero through six who meet the contracted slot criteria. Children receiving child care under the contract will have protected eligibility for up to twelve months as long as they continue to meet the requirements outlined in this rule. Families with a child receiving child care under the contract will pay the minimum copayment of $27. This rule also supports the Oregon Program of Quality initiative to increase the number of ERDC subsidy children who are able to access quality child care. These contracted slots will help Oregon state government prepare for an emerging statewide Tiered Quality Rating and Improvement System (TQRIS) and address Oregon’s diverse populations. Oregon State University will be researching how quality and stable child care impact Oregon’s low income ERDC subsidy children.

 OAR 461-145-0080 about the treatment of child support and cash medical support to determine eligibility for the Department’s public assistance, medical and SNAP programs is being amended to expand the types of two-parent families in the TANF program for whom, for on-going eligibility and benefit determination, child support is considered countable unearned income. This amendment counts child support for all two-parent families, reducing the amount of the cash assistance grant. This amendment makes permanent the temporary rule change effective July 1, 2012.

 OAR 461-145-0260 about the treatment of Indian (Native American) benefits in the determination of benefits for various self-sufficiency programs is being amended to change its statement of policy for the SNAP program in the treatment of payments made under Public Law 93-134, Public Law 97-458, and Public Law 103-66. The rule had been incorrect under 25 USC 1408 by including an exclusion for income received in excess of $2,000 per year per individual from interest in certain trust and restricted lands. This amendment states that such income is counted in the SNAP program. This amendment makes permanent a temporary rule change effective August 7, 2012.

 OAR 461-145-0580 about the treatment of veterans benefits in the determination of benefits for various self-sufficiency programs is being amended to make permanent a temporary rule change effective July 11, 2012, changing policy for the SNAP program in the treatment of veterans’ aid and attendance payments. Aid and attendance payments are made when a veteran requires the aid of another person in order to perform his or her activities of daily living, such as bathing, feeding, dressing, attending to the wants of nature, adjusting prosthetic devices, or protecting himself or herself from the hazards of his or her daily environment, or the veteran is bedridden, blind or in a nursing home. Previously, aid and attendance payments were counted as unearned income and the client was allowed a medical deduction. Under this amendment, the aid and attendance payment is excluded as long as it is being used for the identified purpose. Any income that is remaining is counted as unearned income.

 OAR 461-155-0180 about the poverty related income standards in the Department’s public assistance, medical and SNAP programs 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 about the premium standards for the Oregon Health Plan Standard (OHP-OPU) 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 use 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 461-160-0015 about resource limits in used to determine eligibility for various Department programs is being amended to clarify the resource limit of $2,500 for clients who are not progressing in an activity of their case plan or serving a current Job Opportunity and Basic Skills (JOBS) program disqualification.

 OAR 461-160-0055 about medical costs that are deductible when benefits are calculated and which describes medical costs for clients in the SNAP program who are elderly or have disabilities is being amended to disallow deductions for any costs related to the medical use of marijuana for these SNAP clients, making permanent temporary rule changes effective July 12, 2012.

 OAR 461-160-0580 about resource assessments for married OSIPM (Oregon Supplemental Income Program Medical) clients in long-term care is being amended to reflect the federal changes in the amounts used when calculating the resource assessment.

 OAR 461-160-0620 about the community spouse income allowance for married OSIPM clients in long-term care is being amended to reflect the federal changes in the cap used when calculating the community spouse income allowance. During 2012, this cap was set at $2,841.

 OAR 461-165-0010 about the legal status of benefit payments is being amended to comply with federal law and state that cash benefits may not be used in any electronic benefit transfer transaction in casinos, gaming establishments, adult entertainment establishments, or liquor stores. This amendment also adopts the federal definitions of these terms.

 OAR 461-165-0060 about minimum benefit amounts is being amended so the text more clearly matches federal law and the current practices for issuing SNAP benefits. The amendment clarifies that the minimum SNAP monthly benefit for an eligible one or two person benefit group is eight percent of the Thrifty Food Plan, except when a benefit month is prorated per OAR 461-160-0070.

 OAR 461-180-0100 about the effective date for eligibility following closure in some Department programs is being amended to clarify the date for eligibility following closure in 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 21, 2012 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 – Self-Sufficiency Programs, 500 Summer Street NE E-48, Salem, Oregon, 97301. The Department provides the same consideration to written comment as it does to any oral or written testimony provided at the public hearing.

Rules Coordinator: Annette Tesch

Address: Department of Human Services, Children, Adults and Families Division: Self-Sufficiency Programs, 500 Summer St. NE, E-48, Salem, OR 97301

Telephone: (503) 945-6067


Department of Human Services, Seniors and People with Disabilities Division, Chapter 411

Rule Caption: Adult Protective Services – House Bill 4084.

Date: Time: Location:

11-16-12  11 a.m. Human Services Bldg.  500 Summer St. NE, Rm. 160  Salem, Oregon 97301

Hearing Officer: Staff

Stat. Auth.: ORS 410.070, 411.116, 441.637, 443.450, & 443.767

Other Auth.: HB 4084 (2012) & 2012 OL Ch.70

Stats. Implemented: ORS 124.050–124.095, 410.020, 410.040, 410.070, 411.116, 441.630 to 441.695, 443.450, 443.500, 443.767 & 2012 OL Ch. 70

Proposed Adoptions: 411-020-0123, 411-020-0126

Proposed Amendments: 411-020-0002, 411-020-0030, 411-020-0085

Proposed Repeals: 411-020-0002(T), 411-020-0030(T), 411-020-0085(T), 411-020-0123(T), 411-020-0126(T)

Last Date for Comment: 11-21-12, 5 p.m.

Summary: The Department of Human Services (Department) is proposing to permanently update the adult protective services rules in OAR chapter 411, division 020 to immediately implement provisions of House Bill 4084 (2012), including changes to the way confidential information is handled and how medical or financial records need to be obtained during the course of an adult protective services investigation.

Rules Coordinator: Christina Hartman

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

Telephone: (503) 945-6398


Department of Justice, Chapter 137

Rule Caption: Guidelines for calculating support.

Date: Time: Location:

11-28-12  1:30 p.m. Child Support Program Administration  1215 State St.  Salem, OR 97301

Hearing Officer: Jeremy Gibons

Stat. Auth.: ORS 25.270–25.290, 25.321, 25.323, 25.325 & 180.345

Stats. Implemented: ORS 25.020, 25.080 & 25.270–25.343

Proposed Amendments: 137-050-0700, 137-050-0710, 137-050-0715, 137-050-0720, 137-050-0725, 137-050-0730, 137-050-0735, 137-050-0740, 137-050-0745, 137-050-0750, 137-050-0755, 137-050-0760, 137-050-0765, 137-055-4620

Proposed Repeals: 137-055-3340

Last Date for Comment: 11-29-12, 5 p.m.

Summary: OAR 137-050-0700 provides a formal method for calculating support for a child attending school, age 18, living with a parent and attending high school.

 OAR 137-050-0710 updates the method for calculating child support.

 OAR 137-050-0715 clarifies income presumptions, adding more flexibility for using imputed and actual income.

 OAR 137-050-0720 allows deduction of parent’s own health care coverage costs; amends non-joint child terminology and the method for calculating non-joint child credit.

 OAR 137-050-0725 clarifies how the basic support obligation is calculated, and applies the self-support reserve to the basic support obligation.

 OAR 137-050-0730 provides updated instruction for calculating a parenting time credit.

 OAR 137-050-0735 provides updated instruction for calculating child care costs for minor children.

 OAR 137-050-0740 clarifies calculating credit against child support for Social Security and Veterans’ Benefits.

 OAR 137-050-0745 clarifies the obligated parent’s self-support reserve in the child support calculation, as it applies to the basic support obligation, child care costs and medical support.

 OAR 137-050-0750 changes how a medical support obligation is calculated and whether it will be ordered.

 OAR 137-050-0755 changes the exception to the minimum order from 50% parenting time to 182.5 average overnights.

 OAR 137-050-0760 provides for the use of rebuttals when a determination is made that the presumed amount is unjust or inappropriate.

 OAR 137-050-0765 changes the deviation from the Guideline calculation by an agreed amount from 10 percent to 15 percent.

 OAR 137-055-3340 is being repealed as it is no longer necessary. The medical support provisions are provided in OAR 137-055-4620.

 OAR 137-055-4620 clarifies how medical support provisions are enforced. It also allows a parent to choose to exceed his/her “reasonable in cost” cap to provide health insurance.

 For the Public Hearing, attendance by phone is available but may be limited if large numbers of the public call in. Call in number: (888)622-5357 Participant code: 576132

 Please submit written comments by 5:00 p.m. Thursday, November 29, 2012, to Lori Woltring, Policy Analyst, Division of Child Support, 1162 Court St NE, Salem, OR 97301. Questions may be directed to that address or you may call (503) 947-4367.

Rules Coordinator: Carol Riches

Address: Department of Justice, 1162 Court St. NE, Salem, OR 97301

Telephone: (503) 947-4700


 

Rule Caption: Adopts Rules Required by 2012 Legislation to Implement Foreclosure Mediation Program.

Date: Time: Location:

11-29-12  9 a.m. 1215 State St.  Redwood Conference Rm.  Salem, OR

Hearing Officer: Fred Boss

Stat. Auth.: OL 2012, Ch.112,§ 2(2), 2(3), 2(4), 2(5), 2(6), 2(7), 2a(3), 3, 4a(4)

Stats. Implemented: OL 2012, Ch. 112

Proposed Adoptions: 137-110-0001, 137-110-0005, 137-110-0010, 137-110-0020, 137-110-0110, 137-110-0200, 137-110-0210, 137-110-0410, 137-110-0420, 137-110-0430, 137-110-0500, 137-110-0510, 137-110-0520, 137-110-0600, 137-110-0610, 137-110-0620, 137-110-0630, 137-110-0640, 137-110-0650, 137-110-0660, 137-110-0670

Proposed Repeals: 137-110-0001(T), 137-110-0005(T), 137-110-0010(T), 137-110-0020(T), 137-110-0110(T), 137-110-0200(T), 137-110-0210(T), 137-110-0410(T), 137-110-0420(T), 137-110-0430(T), 137-110-0500(T), 137-110-0510(T), 137-110-0520(T), 137-110-0600(T), 137-110-0610(T), 137-110-0620(T), 137-110-0630(T), 137-110-0640(T), 137-110-0650(T), 137-110-0660(T), 137-110-0670(T)

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

Summary: These rules implement the Foreclosure Avoidance Mediation Program established by Oregon Laws 2012, chapter 112. These rules provide:

 - The accepted methods for providing statutorily-required notice to the Attorney General;

 - The minimum training, qualifications and experience required of program mediators;

 - The fees that must be paid by the parties, the timing of fee payments, and the requirements for obtaining a waiver by low-income grantors;

 - The form for, and contents of, the notice of mediation that must be created by certain beneficiaries seeking non-judicial foreclosure;

 - The form for, and contents of, the mediation scheduling notice issued by the program’s mediation service provider;

 - The form for, and contents of, an affidavit exempting a grantor from the requirement to see a housing counselor within a certain timeframe;

 - The mediation guidelines that provide for the role of program mediators; documents required of both parties and the schedule for providing those documents; procedures for rescheduling or adjourning mediation sessions; confidentiality provisions; role of interpreters; means of executing agreements; and the procedure for providing a certificate of compliance to the beneficiary and the contents of that certificate.

Rules Coordinator: Carol Riches

Address: Department of Justice, 1162 Court St. NE, Salem, OR 97301

Telephone: (503) 947-4700


 

Rule Caption: Adopts Rules Required by 2012 Legislation to Implement Foreclosure Avoidance Measure Notices.

Date: Time: Location:

11-29-12  9 a.m. 1215 State St.,   Redwood Conference Rm.  Salem OR

Hearing Officer: Fred Boss

Stat. Auth.: 2012 OL Ch. 112 § 4a(4)

Stats. Implemented: 2012 OL Ch. 112

Proposed Adoptions: 137-120-0010, 137-120-0020

Proposed Repeals: 137-120-0010(T), 137-120-0020(T)

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

Summary: These rules implement Or Laws 2012, ch 112 § 4a (SB 1552). They specify the form and content of the notice issued by a beneficiary when the beneficiary determines that a grantor is not eligible for any foreclosure avoidance measure or that the grantor has not complied with the terms of a foreclosure avoidance measure to which the grantor has agreed. They also provide the address to which a copy of the notice must be sent to the Attorney General.

Rules Coordinator: Carol Riches

Address: Department of Justice, 1162 Court St. NE, Salem, OR 97301

Telephone: (503) 947-4700


 

Rule Caption: Adoption of Permanent Rules for Public Records Requests for Concealed Handgun License Records or Information.

Date: Time: Location:

11-26-12  10 a.m. Salem Dept. of Justice  1215 State St.,   Redwood Conference Rm.  Salem, OR 97301

11-27-12 10 a.m. Portland Dept. of Justice  1515 SW Fifth Ave., Suite 410   Marquam Conference Rm.  Portland, 97201

Hearing Officer: Paul Logan

Stat. Auth.: 2012 OL Ch. 93, Sec. 2(4), (HB 4045 (2012))

Stats. Implemented: 2012 OL Ch. 93, Sec. 2(4), (HB 4045 (2012))

Proposed Amendments: 137-004-0900

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

Summary: The 2012 Legislature enacted House Bill 4045, which addresses when public bodies may disclose certain records or information concerning concealed handgun licenses. Specifically, that law prohibits public bodies from disclosing records or information that identify a person as a current or former holder of, or applicant for, a concealed handgun license, except in certain circumstances. One exception is when a public body determines that a compelling public interest requires disclosure in a particular instance, and the disclosure is limited to the name, age and county of residence of the holder or applicant.

 Additionally, section 2(4) of House Bill 4045 requires the Attorney General to adopt administrative rules to carry out the law. At a minimum, the administrative rules must contain (1) a description of the procedures for submitting a request based upon the “compelling public interest” exception described above, and (2) a description of the materials that an individual must provide to the public body to establish a compelling public interest that supports the disclosure. The proposed rule would satisfy the Attorney General’s obligation under the law to adopt administrative rules.

 DOJ requests public comment on the proposed rule, including but not limited to whether other options should be considered for achieving the rule’s substantive goals while reducing the negative economic impact of the rule on business.

 Written comments may be submitted until Friday, December 7, 2012 to the Rules Coordinator at the address listed above, or by email to: carol.riches@doj.state.or.us.

 Verbal comments may be provided during the two public hearings listed above. However, verbal comments will not be accepted as part of the rulemaking record if they provided at other times.

Rules Coordinator: Carol Riches

Address: Department of Justice, 1162 Court St. NE, Salem, OR 97301

Telephone: (503) 947-4700


Department of Revenue, Chapter 150

Rule Caption: Business — Cigarette Tax: Deleting references to single cigarette sales, adding requirements for cigarette invoices.

Date: Time: Location:

11-26-12  9 a. m. Revenue Bldg.  955 Center St NE  Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 305.100

Stats. Implemented: ORS 323.160 & 323.220

Proposed Adoptions: 150-323.220-(B)

Proposed Amendments: 150-323.160(1), 150-323.160(2), 150-323.220-(A)

Last Date for Comment: 11-26-12, 5 p.m.

Summary: OAR 150-323.160(1) outlines the type of tax stamp units sold by the Dept of Revenue. Single cigarette stamps are listed but DOR no longer sells single tax stamps as sales of single cigarettes are prohibited by federal law. Updating this rule to remove references to single sales.

 OAR 150-323.160(2) outlines how to affix tax stamps to packages of cigarettes. There are references to single cigarette stamps, but sales of single cigarettes are prohibited by federal law. Updating this rule to remove references to single sales.

 OAR 150-323.220-(A) gives requirements for segregation of stamped and unstamped cigarettes. This amendment removes all references to single cigarettes and clarifies language around a dealer who is also a distributor.

 OAR 150-323.220-(B) Invoices showing purchases of cigarettes are required, this new rule details what information needs to be included in the cigarette invoice.

Rules Coordinator: Ken Ross

Address: Department of Revenue, 955 Center St. NE, Salem, OR 97301

Telephone: (503) 945-8890


 

Rule Caption: Personal Tax: Surplus refund, appeal language, college savings plan, pass through entity payments, gain deferral.

Date: Time: Location:

11-26-12  9 a.m. Revenue Bldg.  955 Center St NE  Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 305.100 & 305.796

Stats. Implemented: ORS 291.349, 305.265, 305.796 & 314.781

Proposed Adoptions: 150-305.796

Proposed Amendments: 150-291.349, 150-314.781

Proposed Repeals: 150-316.871(3), 150-316.873, 150-316.874, 150-316.876, 150-316.877, 150-316.878, 150-316.879, 150-316.882, 150-316.884

Proposed Ren. & Amends: 150-305.265(14)-(A) to 150-305.265(14)

Last Date for Comment: 11-26-12, 5 p.m.

Summary: 150-291.349 The surplus refund (“kicker”) was changed from issuing a check to a refundable credit on the tax return. Changes to this rule outline are to help calculate the credit.

 150-305.265(14)-(A) describes when the Department of Revenue will “assess” a Notice of Deficiency. The assessment date starts the 90 window to appeal to the Tax Court. Changes to this rule are to make the language clearer, there are no policy changes.

 150-305.796 As required by statute, this rule sets the number of college savings accounts in which a taxpayer may deposit their tax refund.

 150-314.7 81 This rule discusses payments a pass-through entity makes on behalf of the non-resident owners. The changes are to require an annual reconcilation and specifying of owner amounts.

 150-316.871(3), 150-316.873, 150-316.874, 150-316.876, 150-316.877, 150-316.878, 150-316.879, 150-316.882, 150-316.884 are all rules for the Deferral of Reinvested Gain program. These rules are repealed, the program sunsetted in 2011.

Rules Coordinator: Ken Ross

Address: Department of Revenue, 955 Center St. NE, Salem, OR 97301

Telephone: (503) 945-8890


 

Rule Caption: Property Tax: Supervisory authority, conferences, senior deferral, refunds.

Date: Time: Location:

11-26-12  9 a.m. Revenue Bldg.  955 Center St NE  Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 305.100

Stats. Implemented: ORS 3056.115, 311.670, 311.684 & 311.806

Proposed Amendments: 150-294.187, 150-306.115, 150-306.115-(A), 150-306.115-(C), 150-311.670(1), 150-311.684, 150-311.806-(A)

Proposed Repeals: 150-309.110, 150-311.668(1)(a)-(A), 150-311.668(1)(a)-(B), 150-311.679(10), 150-311.706, 150-311.706(1)

Last Date for Comment: 11-26-12, 5 p.m.

Summary: 150-294.187 — This rule requires counties to notify the Department of Revenue of the amount it deposits into the County Assessment Function Funding Assistance (CAFFA) Account at the same time they request the quarterly pool transfer at the State Treasury. This amendment is to change the date by which that should happen each quarter as dictated by statute.

 150-306.115 — This rule establishes the criteria under which the department will consider the merits of a petition under the department’s supervisory authority. The rule is being amended to recognize two additional instances where the department will accept a petition request for review under DOR’s supervisory authority.

 150-306.115-(A) — This rule prescribes what information is necessary on a petition to the department requesting review under our supervisory authority. This amendment is to expand what facts must be included in the petition.

 150-306.115-(C) — Current rule provides specific structure regarding the proceedings in a property tax conference under the department’s supervisory authority. The rule is amended to:

 a. Allow the director to delegate the conference review responsibility

 b. Remove the procedures for modification of the conference decision by the director.

 c. Change all references to “tape” recording.

 d. Update deadline requirements for submission of evidence.

 150-311.670(1) — This rule defines homestead requirements for senior deferral of property tax. The amendment is to clarify what is meant “by reason of health” in absences from the home.

 150-311.684 — This rule explains the when deferred taxes must be repaid. The amendment adds a definition of “inactivated” account to the list of cancelled and disqualified.

 150-311.806-(A) — This rule gives direction to counties for determining the correct recipient of a property tax refund. Amending to change the requirement that a Senior Deferral efund be sent to DOR. Rather, DOR will assist in determining where it should go.

 150-309.110 — This rule provides for the correction of clerical errors or errors in jurisdiction in orders from the county boards of property tax appeals (BoPTA) that are found after the boards’ term ends on June 30 each year. This rule conflicts with another, repealing and adding some language to OAR 150-306.115.

 150-311.668(1)(a)-(A) — This rule lists requirements to qualify for the Senior Deferral program. Those requirements are now listed in statute, repealing the rule.

 150-311.668(1)(a)-(B) — This rule lists requirements to qualify for the Senior Deferral program. Those requirements are now listed in statute, repealing the rule.

 150-311.679(10) — This rule explains the process of creating tax liens for Deferred Disabled property. The is no longer a separate process for Disabled property, repealing rule.

 150-311.706 — This rule explains the application process for Senior Special Assessment Deferral. This program sunset in 2011, making rule obsolete and needing repeal.

 150-311.706(1) — This rule explains the requirements for a property to qualify for Senior Special Assessment Deferral. This program sunset in 2011, making the rule obsolete and needing repeal.

Rules Coordinator: Ken Ross

Address: Department of Revenue, 955 Center St. NE, Salem, OR 97301

Telephone: (503) 945-8890


Department of State Lands, Chapter 141

Rule Caption: Adopts Provisions to Implement 2012 Legislation Related to Expiration of Reports and an Independent Review.

Date: Time: Location:

11-15-12  9 a.m. Wilsonville Library, Rose Rm.  8200 SW Wilsonville Rd.  Wilsonville, OR 97070

Hearing Officer: Anna Buckley

Stat. Auth.: ORS 196.692 & 196.800

Other Auth.: 2012 OL Ch.108 (Enrolled SB 1582)

Stats. Implemented: 2012 OL Ch.108 (Enrolled SB 1582)

Proposed Amendments: 141-090-0020, 141-090-0030, 141-090-0032, 141-090-0055

Proposed Ren. & Amends: 141-090-0035, 141-090-0045, 141-090-0050

Last Date for Comment: 11-30-12, 5 p.m.

Summary: Legislation in 2012 was enacted to allow landowners to request an independent review of a wetland delineation report when there is a disagreement with a Department decision and to request a five-year extension of a recently expired delineation. This rulemaking effort addresses this 2012 legislation. Additionally, relatively minor technical and housekeeping revisions are proposed.

 For additional information on this rulemaking process please visit the following link on the Departments website: http://cms.oregon.gov/DSL/Pages/rules_activity.aspx

 To comment on this rulemaking via email, submit your comments to: division90.rulemaking@dsl.state.or.us

 To comment on this rulemaking via US Mail, submit your comments to:

 Tiana Teeters, Rules Coordinator

 Department of State Lands

 775 Summer Street N.E., Suite 100

 Salem, Oregon 97301

Rules Coordinator: Tiana Teeters

Address: Department of State Lands, 775 Summer St. NE, Suite 100, Salem, OR 97301

Telephone: (503) 986-5239


Department of Transportation, Highway Division, Chapter 734

Rule Caption: Repeal of Bus Length.

Stat. Auth.: ORS 183.616, 183.619, 810 & 818

Stats. Implemented: ORS 818.200 & 818.220

Proposed Repeals: 734-073-0090

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

Summary: OAR 734-073-0090 was written to specify the maximum length for a bus following the adoption of Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) that established federal size and weight limitations on the National Network of Highways. OAR 734-073-0090 allows for a bus to operate at a maximum length of 45 feet based on provisions provided from ISTEA; however, ORS 818.080 Table I (3) that describes the maximum length limits only allows for a bus to operate at a maximum length of 40 feet. The proposed repeal is necessary to resolve the conflict between statute and rule. In addition to the rule repeal, a legislative concept is being drafted for ORS 818.080 Table I (3) to allow a bus to operate at a maximum length of 45 feet.

 For clarification purposes: OAR 734-073-0090 misidentified the Intermodal Surface Transportation Efficiency Act of 1991 as Intermodal Surface Transportation Assistance Act of 1992.

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

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171


Land Conservation and Development Department, Chapter 660

Rule Caption: Designate areas and establish regulatory standards for marine renewable energy development within the territorial sea.

Date: Time: Location:

11-15-12 8 a.m. McMinnville Civic Hall, 200 NE 2nd St. McMinnville, OR

12-4-12 4:30 p.m. Port of Tillamook Bay, 6825 Officer’s Row Tillamook, OR

1-24-13 8 a.m. LCDC, Basement Hearing Rm. 635 Capitol St. Salem, OR

Hearing Officer: LCDC; Patrick Wingard

Stat. Auth.: ORS 197.404

Stats. Implemented: ORS 196.471

Proposed Amendments: Rules in 660-036

Last Date for Comment: 1-24-13, Close of Hearing

Summary: The proposed rule amendment would adopt by reference amendments to the Territorial Sea Plan authorized by ORS 196.443. ORS 196.471 requires the Land Conservation and Development Commission to review proposed Territorial Sea Plan amendments and, upon making of findings, adopt the amendments as part of the Oregon Coastal Management Program. The proposed Territorial Sea Plan Part Five amendments would incorporate maps that designate areas where marine renewable energy development may site, and the standards and review criteria that state agencies apply in conducting their review of project proposals within those designated areas. The maps and standards would be incorporated into the existing Plan as an appendix.

Rules Coordinator: Casaria Taylor

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: Clarifies the definition of patio as used in ORS 671.520 & 671.690.

Date: Time: Location:

11-28-12  9 a.m. LCB Office  2111 Front St. NE, Suite 2-101  Salem, OR 97301

Hearing Officer: Shelley Sneed

Stat. Auth.: ORS 670.310 & 671.600

Stats. Implemented: ORS 671.520 & 671.690

Proposed Adoptions: 808-002-0755

Last Date for Comment: 11-28-12, Close of Hearing

Summary: Clarifies the definition of patio as used in ORS 671.520 & 671.690.

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


Mortuary and Cemetery Board, Chapter 830

Rule Caption: Implements requirements for remains found in Cemetery; clarifies refund criteria; implements advertising and contract rules.

Date: Time: Location:

11-19-12  2 p.m. Portland State Office Bldg.  800 NE Oregon St., Suite 445  Portland, OR

Hearing Officer: Lynne Nelson

Stat. Auth.: ORS 692.320 & 97.931

Other Auth.: FTC Funeral Rule

Stats. Implemented: ORS 97.933 & 97.220

Proposed Amendments: 830-020-0030, 830-020-0040, 830-030-0000, 830-030-0070, 830-030-0100, 830-040-0005, 830-040-0050

Last Date for Comment: 11-19-12, 4 p.m.

Summary: Rule implements requirements and clarifies cemetery actions when human remains or partial remains are found in a presumed unoccupied grave; clarifies refundable fee if applicant withdraws from taking an examination; removes five-day right to cancel purchases on at need contracts; requires facility name on contracts; requires internet advertising to include link to effective general price list when a price is stated; clarifies need for registration by the Department of Consumer & Business Services to sell trust-funded preneed goods and services;

 The amendments are necessary to maintain consistency with developments in funeral service industry practices, and to clarify cemetery practices. This rulemaking also provides the opportunity to update a state agency name and fix a section error.

Rules Coordinator: Lynne Nelson

Address: Mortuary and Cemetery Board, 800 NE Oregon St., Suite 430, Portland, OR 97232

Telephone: (971) 673-1503


Oregon Business Development Department, Chapter 123

Rule Caption: This new division of rules relates to the designation of Regionally Significant Industrial Areas.

Stat. Auth.: ORS 197.723

Stats. Implemented: ORS 197.723

Proposed Adoptions: 123-966-0100 – 123-966-0500

Last Date for Comment: 11-21-12, 5 p.m.

Summary: The passage of SB 766 in the 2011 Legislative session created the Economic Recovery Review Council. The ERRC is tasked with designating Regionally Significant Industrial Areas. These rules describe the property that has been designated regionally significant.

Rules Coordinator: Mindee Sublette

Address: Oregon Business Development Department, 775 Summer St. NE, Suite 200, Salem, OR 97301

Telephone: (503) 986-0036


Oregon Department of Education, Chapter 581

Rule Caption: Modifies rule relating to evaluation of child for as required by federal IDEA.

Date: Time: Location:

11-21-12  9 a.m. Department of Education  255 Capital St. NE, Rm. 251A  Salem, OR

Hearing Officer: Cindy Hunt

Stat. Auth.: ORS 343.041 & 343.157

Stats. Implemented: ORS 343.146, 343.157, 34 CFR 300.301, 300.304 & 300.305

Proposed Amendments: 581-015-2110

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

Summary: OAR 581-015-2110 General Evaluation and Reevaluation Requirements, was implemented to comply with federal regulations implementing the Individuals with Disabilities Education Act (IDEA), specifically found at 34 CFR 300.301 Initial Evaluations, 34 CFR 300.304 Evaluation Procedures, and 34 CFR 300.305 Additional Requirements for Evaluations and Reevaluations.

 OAR 581-015-2110(5)(c)(B) should speak to transfer students in the process of evaluation per federal standards found at 34 CFR 300.304(5). However, the existing OAR speaks to students in the process of reevaluation. Therefore, this amendment is needed to comply with federal standards. Additionally, the implementing authority needs to reflect 34 CFR 300.301 as it is also addressed in this OAR.

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


 

Rule Caption: Modifies rule relating to human sexuality education to align with Health Education Standards and Benchmarks.

Stat. Auth.: ORS 326.051

Other Auth.: ORS 329.045

Stats. Implemented: ORS 336.035 & 336.455

Proposed Amendments: 581-022-1440

Last Date for Comment: 11-30-12, 5 p.m.

Summary: Modifies rule relating to human sexuality education to align rule with Oregon Health Education Standards and Benchmarks adopted by State Board of Education. Defines and updates terminology.

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


 

Rule Caption: Modifies rule relating to student assessment, recordkeeping, grading and reporting.

Stat. Auth.: ORS 326.051

Stats. Implemented: ORS 326.051 & 329.485

Proposed Amendments: 581-022-1670

Last Date for Comment: 11-30-12, 5 p.m.

Summary: Requires school districts to provide teachers of reading/language arts and mathematics in grades in which the state administers assessments with student performance data.

 Requires school districts to assist teachers in adapting instruction and curriculum to meet student needs and learning rates in achieving proficiency in academic content standards.

 Requires school districts to adopt grading system.

 Makes other modifications to align rule with HB 2220 and other rules.

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


 

Rule Caption: Modifies rule relating to instruction at private career schools in barbering programs.

Stat. Auth.: ORS 345.400

Stats. Implemented: ORS 345.400

Proposed Amendments: 581-045-0200

Last Date for Comment: 11-30-12, 5 p.m.

Summary: Allows licensed career schools that offer instructional programs in the field of barbering to employ individuals who possess licenses in both hair design and esthetics as instructors in those barbering programs.

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


 

Rule Caption: Creates Accountability Reporting Advisory Committee and repeals outdated substantive appeals committee.

Stat. Auth.: ORS 326.051

Stats. Implemented: ORS 326.051

Proposed Adoptions: 581-002-0090

Proposed Repeals: 581-022-1065

Last Date for Comment: 11-30-12, 5 p.m.

Summary: Creates Accountability Reporting Advisory Committee (ARAC) to contribute technical expertise, stakeholder input and as arbiter of issues regarding education accountability data.

 Repeals obsolete substantive appeals committee.

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


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

Rule Caption: Forensic Mental Health Evaluators and Evaluations.

Date: Time: Location:

12-11-12  10 a.m. 500 Summer St. NE, Rm. 137-C  Salem OR 97301

Hearing Officer: Nola Russell

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 161.290–161.370 & 419C.524

Proposed Amendments: 309-090-0005, 309-090-0025

Last Date for Comment: 12-17-12, 5 p.m.

Summary: These rules establish minimum standards for the certification of psychiatrists and licensed psychologists related to performing forensic examinations and evaluations as described in ORS 161.309–161.370 and 419C.524.

 This rulemaking activity is proposed in order to clarify several parts of the current text.

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

Date: Time: Location:

11-19-12  10:30 a.m. 500 Summer St. NE, Rm. 137C  Salem, OR 97301

Hearing Officer: Cheryl Peters

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 413.042 & 414.065

Proposed Amendments: 410-120-0006

Last Date for Comment: 11-21-12, 5 p.m.

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

Rules Coordinator: Cheryl Peters

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

Telephone: (503) 945-6527


Oregon Health Authority, Office of Private Health Partnerships, Chapter 442

Rule Caption: Amend administrative rules for the Healthy KidsConnect program.

Date: Time: Location:

11-30-12  10 a.m. OPHP Boardwalk Conference Rm.  250 Church St. SE, Suite 200  Salem, OR 97301

Hearing Officer: Shari Coon

Stat. Auth.: ORS 735.707

Other Auth.: HB 2009 (2009) & HB 2116 (2009)

Stats. Implemented: ORS 414.231, 414.826, 414.828 & 414.839

Proposed Amendments: 442-010-0010, 442-010-0020, 442-010-0030, 442-010-0040, 442-010-0050, 442-010-0055, 442-010-0060, 442-010-0070, 442-010-0075, 442-010-0080, 442-010-0085, 442-010-0090, 442-010-0100, 442-010-0120, 442-010-0140, 442-010-0150, 442-010-0160, 442-010-0170, 442-010-0180, 442-010-0190, 442-010-0210, 442-010-0215, 442-010-0220, 442-010-0230, 442-010-0240, 442-010-0260, 442-010-0270

Proposed Repeals: 442-010-0110, 442-010-0280

Last Date for Comment: 12-4-12, 5 p.m.

Summary: The Office of Private Health Partnerships (OPHP) Healthy KidsConnect (HKC) Program is amending the Oregon Administrative Rules to make corrections, modify procedures to increase efficiency, and make minor word changes. As a continued effort to make the Oregon Administrative Rules more efficient, the Agency will delete OARs 442-010-0110 and 442-010-0280, removing unnecessary text and placing other text in more appropriate rules.

Rules Coordinator: Wanda Davis

Address: Oregon Health Authority, Office of Private Health Partnerships, 250 Church St. SE, Suite 200, Salem, OR 97301

Telephone: (503) 378-5901


Oregon Health Authority, Oregon Educators Benefit Board, Chapter 111

Rule Caption: Revised to clarify and update language used by the Oregon Educators Benefit Board.

Date: Time: Location:

11-16-12  10 a.m. 1225 Ferry St. SE   OEBB Boardroom  Salem, OR 97301

Hearing Officer: OEBB Staff

Stat. Auth.: ORS 243.860–243.886

Stats. Implemented: ORS 243.864(1)(a)

Proposed Amendments: 111-010-0015

Last Date for Comment: 11-30-12, 5 p.m.

Summary: Revised language in 111-010-0015 to clarify definitions and keep language used throughout the rules consistent.

Rules Coordinator: April Kelly

Address: Oregon Health Authority, Oregon Educators Benefit Board, 1225 Ferry St. SE, Salem, OR 97301

Telephone: (503) 378-6588


 

Rule Caption: Revised rule to keep language consistent with the OEBB definitions rule.

Date: Time: Location:

11-16-12  10 a.m. 1225 Ferry St. SE   OEBB Boardroom  Salem, OR 97301

Hearing Officer: OEBB Staff

Stat. Auth.: ORS 243.860–243.886

Stats. Implemented: ORS 243.864(1)(a)

Proposed Amendments: 111-015-0001

Last Date for Comment: 11-30-12, 5 p.m.

Summary: Revised language in 111-015-0001 to keep consistent with OEBB’s definitions division and other OEBB rules.

Rules Coordinator: April Kelly

Address: Oregon Health Authority, Oregon Educators Benefit Board, 1225 Ferry St. SE, Salem, OR 97301

Telephone: (503) 378-6588


Oregon Health Authority, Public Health Division, Chapter 333

Rule Caption: Changes to hospital rules in response to state and federal regulation changes and housekeeping changes.

Date: Time: Location:

11-29-12  1 p.m. Portland State Office Bldg.  800 NE Oregon St., Rm. 1D  Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 441.025, 441.055, 442.015 & 442.807

Other Auth.: 42 CFR Parts 482 & 485

Stats. Implemented: ORS 147.403, 441.021, 441.025, 441.037, 441.055, 442.015 & 442.805

Proposed Amendments: 333-500-0005, 333-500-0010, 333-500-0031, 333-500-0032, 333-500-0038, 333-505-0001, 333-505-0005, 333-505-0007, 333-505-0010, 333-505-0030, 333-505-0033, 333-505-0050, 333-505-0060, 333-505-0080, 333-510-0020, 333-510-0040, 333-520-0035, 333-520-0050, 333-520-0060, 333-520-0070

Proposed Repeals: 333-525-0010

Last Date for Comment: 11-30-12, 5 p.m.

Summary: The Oregon Health Authority, Public Health Division is proposing to permanently amend and repeal Oregon Administrative Rules relating to hospitals in response to recent changes in state and federal regulations, as well as minor housekeeping changes. The proposed rules also respond to stakeholder requests to reduce regulatory burden in order to create a more efficient hospital system and increase the ability to devote resources to providing high quality patient care. The proposed rules address updating definitions, fees for complaint investigations, classification, governing body and administrator responsibilities, credentialing application requirements, policies, compliance issues, and quality assessment and performance improvement.

Rules Coordinator: Brittany Sande

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

Telephone: (971) 673-1291


 

Rule Caption: Amendments pertaining to the petition process to add qualifying conditions under the OMMA.

Date: Time: Location:

11-16-12 11 a.m. 1300 NW Wall St., Lewis and Clark Rm. Bend, OR 97701

11-19-12 11 a.m. 800 Cardley St., VCON Large Conference Rm. Medford, OR 97501

11-30-12 10 a.m. Portland State Office Bldg., 800 NE Oregon St. Rm. 1D Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 475.334 & 475.338

Stats. Implemented: ORS 475.300–475.346

Proposed Amendments: 333-008-0090

Last Date for Comment: 11-30-12, 5 p.m.

Summary: The Oregon Health Authority (OHA), Public Health Division, Oregon Medical Marijuana Program is proposing to permanently amend OAR 333-008-0090 regarding the process for petitioning to add qualifying diseases or conditions as debilitating medical conditions under the Oregon Medical Marijuana Act. Under current rule, when a petition is received by OHA requesting that a particular disease or condition be included among the diseases and conditions that qualify as debilitating medical conditions, OHA appoints an expert panel of five to seven individuals to review the petition (assuming it is not denied as frivolous by the State Public Health Officer (SPHO) or designee) and to provide recommendations to the SPHO. This process is too time consuming and costly and provides no standards by which the SPHO should make a decision. OHA proposes to remove the expert panel and allow the SPHO to undertake an investigation and make a decision on the petition. An investigation may include consulting with experts in cannabis therapeutics and experts on the disease or condition proposed to be added as a debilitating medical condition and a review of scientific literature and other information related to the therapeutic use of marijuana and the disease or condition proposed to be added. A decision on a petition will consider whether there is scientific evidence that marijuana is beneficial for the disease or condition proposed to add and that any benefits are not outweighed by the harms.

 After the last expert panel met to hear and consider evidence relating to the addition of several conditions to the list (all of which were denied), it became clear that the method being used (appointing an expert panel) was too time consuming and expensive.

 Streamlining business processes and promoting transparency were key in suggesting these rule changes. Because the expert panel did not have any authority to add conditions, only to make recommendations to the State Health Officer, it was an extra step. The State Public Health Officer (SPHO) has been and will remain the person making the decision about whether or not to add a condition.

 The proposed rule changes will streamline the current process, developing a clear standard to evaluate petitions.

 The amended rule will further improve transparency: making it clear what the process is for adding a condition and who makes the decision.

Rules Coordinator: Brittany Sande

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

Telephone: (971) 673-1291


 

Rule Caption: OregonContraceptiveCare (CCare).

Date: Time: Location:

11-28-12  11 a.m. Portland State Office Bldg.  800 NE Oregon St., Rm. 368  Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 413.032

Proposed Adoptions: 333-004-0200, 333-004-0210, 333-004-0220, 333-004-0230

Proposed Amendments: 333-004-0000, 333-004-0010, 333-004-0020, 333-004-0030, 333-004-0040, 333-004-0050, 333-004-0060, 333-004-0070, 333-004-0080, 333-004-0100, 333-004-0110, 333-004-0120, 333-004-0130, 333-004-0140, 333-004-0150, 333-004-0160

Proposed Repeals: 333-004-0170, 333-004-0180, 333-004-0190

Last Date for Comment: 11-30-12, 5 p.m.

Summary: The Oregon Health Authority, Public Health Division is proposing to permanently adopt, amend, and repeal Oregon Administrative Rules related to the OregonContraceptiveCare Program (CCare), previously known as the Family Planning Expansion Project (FPEP). CCare is a Medicaid waiver demonstration project approved by the Centers for Medicare and Medicaid Services (CMS). At this time, the program proposes to amend rules to reflect current program requirements and to update organizational name changes. Revisions include an expansion of the definitions section; a description of the client eligibility verification process; the addition of non-School-Based Health Center site enrollment rules; and further clarification regarding agency billing procedures regarding third party billing.

 Additional revisions include: 1) an increase in the income eligibility of applicants with incomes at or below 250% of the Federal Poverty Level, per CMS approval; 2) the modification, also in accordance with CMS approval, to permit enrollment of individuals into CCare with private health insurance coverage; and 3) an expansion of the description of agency sanctions and appeals processes.

Rules Coordinator: Brittany Sande

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

Telephone: (971) 673-1291


 

Rule Caption: Oregon Farm Direct Nutrition Program.

Date: Time: Location:

11-20-12  2 p.m. Portland State Office Bldg.  800 NE Oregon St. Rm. 1C  Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 413.500

Other Auth.: 7 CFR 248, 7 CFR 249 & Public Law 108-265

Stats. Implemented: ORS 413.500

Proposed Adoptions: 333-052-0041, 333-052-0042

Proposed Amendments: 333-052-0030, 333-052-0040, 333-052-0050, 333-052-0060, 333-052-0065, 333-052-0070, 333-052-0080, 333-052-0090, 333-052-0100, 333-052-0120, 333-052-0130

Proposed Repeals: 333-052-0030(T), 333-052-0040(T), 333-052-0041(T), 333-052-0042(T), 333-052-0100(T)

Last Date for Comment: 11-26-12, 5 p.m.

Summary: The Oregon Health Authority, Public Health Division is proposing to permanently amend and adopt rules in OAR chapter 333, division 52 to incorporate the eligibility and benefit requirements of individuals participating in the Oregon Farm Direct Nutrition Program. The addition of these requirements limits potential program liability should an individual dispute benefit distribution. This rulemaking is also making temporary amendments set to expire on December 7, 2012 permanent.

 Additionally, clarifications and adjustments to definitions, the program authorization, violations and sanctions have been made to reflect current program FDNP administrative practices.

Rules Coordinator: Brittany Sande

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

Telephone: (971) 673-1291


Oregon Health Insurance Exchange, Chapter 945

Rule Caption: Certification of Plans as Qualified Health Plans.

Date: Time: Location:

11-27-12  10 a.m. 3414 Cherry Ave. NE, Suite 190  Salem, OR

Hearing Officer: Gregory Jolivette

Stat. Auth.: ORS 741.002

Stats. Implemented: ORS 741.310

Proposed Adoptions: 945-020-0010, 945-020-0020

Last Date for Comment: 11-27-12, 10 a.m.

Summary: The proposed permanent rule establishes the process for certification of plans as qualified health plans. It also provides information on state and federal uniform requirements, standards, and criteria for the certification of qualified health plans.

Rules Coordinator: Gregory Jolivette

Address: Oregon Health Insurance Exchange, 3414 Cherry Ave. NE, Suite 190, Salem, OR 97303-4983

Telephone: (503) 373-9406


Oregon Health Licensing Agency, Chapter 331

Rule Caption: Adopt qualifications for temporary licensure; align rules with current agency/industry standards including informed consent documentation.

Stat. Auth.: ORS 676.607, 676.615

Stats. Implemented: ORS 676.607, 676.615, 680.500, 680.510, 680.515, 680.520, 680.527, 680.530, 680.545, 680.550, 680.565

Proposed Adoptions: 331-410-0002, 331-410-0015, 331-410-0025, 331-410-0035, 331-410-0045, 331-410-0055

Proposed Amendments: 331-405-0020, 331-410-0000, 331-410-0010, 331-410-0020, 331-410-0030, 331-410-0050, 331-410-0060, 331-410-0065, 331-410-0090, 331-415-0010, 331-415-0020, 331-420-0000, 331-420-0010, 331-420-0020

Proposed Repeals: 331-405-0045, 331-410-0040, 331-410-0080, 331-415-0000, 331-425-0010, 331-430-0030

Last Date for Comment: 11-28-12, 5 p.m.

Summary: Adopt, amend and repeal rules to align with current industry, agency and statewide rulemaking standards and principles. Administrative rules have been streamlined to be consistent with statutory authority and Agency protocol.

 Proposed rules delineate approved educational institutions with associate degree in denture technology or its equivalent and associated clinical practice experience (1,000 hours) where applicable. Amendments also provide requirements for approval of educational institutions with associate degree in denture technology or its equivalent and associated clinical practice experience (1,000 hours).

 Amend rules which define a denture technology trainee registration (1,000 hours of supervised clinical practice in denture technology) under direct and indirect supervision including timeline, supervision requirements and notification of changes. Proposed changes also outline the minimum number of hours in direct patient care and number of dentures which must be constructed within the 1,000 hours of supervised clinical practice in denture technology. Rule provides for application requirements for a denture technology trainee registration.

 Adopt rules which define a denture technology temporary license post-education and training (PET), following completion of education and 1,000 hours of supervised clinical practice in denture technology. Rule includes directives for indirect supervision, timeline for notification, supervision requirements and notification of changes. Rule provides for application requirements for a denture technology temporary license-PET including passage of a board approved written examination.

 Adopt rule which specifies requirements for being an approved supervisor for denture technology trainee registration (1,000 hours of supervised clinical practice in denture technology) or temporary license post-education and training (PET) including current

 licensure requirements with no current or pending disciplinary action, three years experience in denture technology, ratio of individuals being supervised, notification requirements. Rule also provides supervision requirements for individuals obtaining additional work experience in order to qualify to retake the practical examination.

 Licensing requirements for a full denture technology license has been streamlined to be consistent with statutory authority and agency protocol. The proposed rules address application requirements, including examinations, for the following pathways to become licensed as a denture technologist:

 1) Pathway 1: Pathway 1: Qualification through Associate’s Degree and Clinical Practice Experience with Examination

 2) Pathway 2: Qualification through Associate’s Degree and Denture Technology Trainee

 Registration (1,000 hours) with Examination

 3) Pathway 3: Equivalent Education and Clinical Practice Experience with Examination

 4) Pathway 4: Qualification through Equivalent Education and Denture Technology

 Trainee Registration (1,000 hours) with Examination

 5) Pathway 5: Reciprocity with Two Years Experience

 Amend general examination information including the written and practical examinations approved by the Board which is available on the agency Website. Rule provides for requirements to retake the written and practical examination.

 Proposed rule specifies certain requirements be met to be scheduled to take the practical examination including paying fees, providing form prescribed by the agency to the agency 60 days before the practical examination is scheduled. Rule also requires practical examination candidates provide certain information at the time of the practical examination including photographic identification for candidate and patient, an interpreter if the patient does not speak English and an oral health certificate for the patient on a form prescribed by the agency.

 Rule changes include standardizing renewal requirements to describe a license as active, inactive or expired and the process for renewal including continuing education requirements. Adopt rule delineating licensure posting requirements and align continuing education requirements with current agency and industry standards including automatic approval of continuing education which has been accepted by the Oregon State Denturist Association or the National Denturist Association.

 Amend practice standards, to include providing written and verbal information and obtain informed consent to patients purchasing teeth whitening trays. Prohibit denturists from providing teeth whitening solutions which are prescription strength. Eliminate minimum standards of acceptability for full dentures to allow flexibility to denturists to provide appropriate services to clients and allow the agency to use the current industry standards when investigating a complaint for full or partial dentures.

 Amend business premises requirements to include surface materials and appropriate surface disinfecting, maintenance of service areas, equipment, restrooms and other public areas. Require standards for disposal of contaminated waste and sharp objects. Align sterilization and disinfection process with current industry standards and federal guidelines.

 Repeal certain administrative rules which are generally handled through the contested case process or other agency/board policy.

Rules Coordinator: Samantha Patnode

Address: Oregon Health Licensing Agency, 700 Summer St. NE, Suite 320, Salem, OR 97301-1287

Telephone: (503) 373-1917


Oregon Public Employees Retirement System, Chapter 459

Rule Caption: Clarifies employers may use date of hire in determination of method of employee contribution.

Date: Time: Location:

12-18-12  3 p.m. PERS Boardroom  11410 SW 68th Pkwy.  Tigard, OR 97223

Hearing Officer: Daniel Rivas

Stat. Auth.: ORS 238.650 & 238A.450

Stats. Implemented: ORS 238.515, 238A.330 & 238A.335

Proposed Amendments: 459-009-0200

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

Summary: Amends OAR 459-009-0200 to clarify that employers may agree to different methods of employee contribution based on an employee’s date of hire.

Rules Coordinator: Daniel Rivas

Address: Oregon Public Employees Retirement System, PO Box 23700, Tigard, OR 97281

Telephone: (503) 603-7713


 

Rule Caption: Clarification of certain standards concerning employer obligations in verification of retirement data process.

Date: Time: Location:

12-18-12  3 p.m. PERS Boardroom  11410 SW 68th Pkwy.  Tigard, OR 97223

Hearing Officer: Daniel Rivas

Stat. Auth.: ORS 238.650 & 238A.450

Stats. Implemented: ORS 238.285

Proposed Amendments: 459-005-0040

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

Summary: OAR 459-005-0040 sets forth the standards PERS implements when responding to an eligible member’s request for verification of certain retirement data based on employment data reported to PERS by the member’s employers, as reflected in PERS’ records. The rule provides that in processing a data verification request PERS must notify the member’s employers of the request and give those employers up to 60 days to confirm or modify the data previously reported to PERS. After this period has passed, the member’s employer may no longer modify that data. PERS then produces a verification based upon the data in PERS’ records.

 Since this rule has been adopted, the majority of employers who have responded to PERS’ notification have responded within the first 30 days of notice. In the interest of ensuring that the processing of data verifications is not unnecessarily delayed, PERS staff proposes amending the timing provisions of OAR 459-005-0040 to shorten the response period. Such amendment would ameliorate the administration of verifications by removing any unnecessary delays, such that data verification requests are processed more expeditiously.

Rules Coordinator: Daniel Rivas

Address: Oregon Public Employees Retirement System, PO Box 23700, Tigard, OR 97281

Telephone: (503) 603-7713


 

Rule Caption: Clarifies retirement eligibility for Police Officer and Firefighter (P&F) members of the OPSRP Pension Program.

Date: Time: Location:

12-18-12  3 p.m. PERS Boardroom  11410 SW 68th Pkwy.  Tigard, OR 97223

Hearing Officer: Daniel Rivas

Stat. Auth.: ORS 238A.450

Stats. Implemented: ORS 238A.160 & 238A.165

Proposed Amendments: 459-075-0200

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

Summary: Under the OPSRP Pension Program a P&F member can meet the eligibility requirements for normal and early retirement as P&F if they have held a position as P&F for a period of five years immediately prior to the effective date of retirement. The modifications to OAR 459-075-0200 provide clarity in meeting the five year requirement as P&F when a member separates from employment with one employer as P&F and begins employment as P&F with another employer, and also clarifies the status of a member who is employed concurrently as P&F and other than P&F. The modifications to the rule are effective October 1, 2012.

Rules Coordinator: Daniel Rivas

Address: Oregon Public Employees Retirement System, PO Box 23700, Tigard, OR 97281

Telephone: (503) 603-7713


Oregon State Lottery, Chapter 177

Rule Caption: Clarifies top $1,000 prize with multiple winners; selling bonus; claiming prize Lottery Headquarters; Other changes.

Date: Time: Location:

11-20-12  9 a.m. Oregon State Lottery  500 Airport Rd. SE  Salem, OR 97301

Hearing Officer: Larry Trott

Stat. Auth.: ORS 461

Other Auth.: Oregon Const. Art. XV, Sec. 4(4)

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

Proposed Amendments: 177-094-0080, 177-094-0085

Last Date for Comment: 11-20-12, 9:30 a.m.

Summary: The Oregon Lottery has initiated permanent rulemaking to establish the maximum annual payout when there are more than three winning tickets for the Win for Life $1,000 a week top prize in a single drawing, the calculation of the retailer selling bonus under such circumstances, and to require in-person presentation of a winning ticket for the Win for Life top prize of $1,000 a week for life at Lottery Headquarters in Salem, Oregon. The rulemaking will further specify that only one natural person may sign a Win for Life top prize of $1,000 per week for life ticket; that ownership of a winning ticket for a Win for Life top prize of $1,000 per week for life cannot be relinquished; will specify the process for claiming the Win for Life top prize by the personal representative of the estate of an owner who dies before the prize is claimed; and will specify that annual payments of the Win for Life top prize of $1,000 per week for life will be paid on the anniversary date of the validation or on the next Lottery business day if the anniversary date is a Saturday, Sunday, holiday, or furlough closure day.

Rules Coordinator: Mark W. Hohlt

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

Telephone: (503) 540-1417


Oregon University System, Oregon State University, Chapter 576

Rule Caption: Sets fees/charges at Oregon State University for the balance of fiscal year 2012–2013.

Date: Time: Location:

12-19-12  1 p.m. Memorial Union Rm. 206  Oregon State University  Corvallis, OR

Hearing Officer: Beth Giddens

Stat. Auth.: ORS 351.070 & 352.360

Other Auth.: OAR 580-040-0010

Stats. Implemented: ORS 351.070 & 352.360

Proposed Amendments: 576-010-0000

Last Date for Comment: 12-20-12, Close of Business

Summary: The proposed amendment will set fees and charges for designated services at Oregon State University for the balance of fiscal year 2012–2013. The rule states: “The University hereby adopts by reference a list of fees and charges for fiscal year 2012–2013. The list of fees and charges is ahttp://oarnoticefilings.sos.state.or.us/display_form.php?form_id=1154#statementvailable at Oregon State University’s Valley Library, and is hereby incorporated by reference in this rule.”

Rules Coordinator: Beth Giddens

Address: Oregon University System, Oregon State University, 638 Kerr Administration Bldg., Corvallis, OR 97331

Telephone: (541) 737-2449


 

Rule Caption: Ensuring all members of the faculty are eligible to act as Faculty Mediator.

Date: Time: Location:

12-19-12  1 p.m. Memorial Union Rm. 206  Oregon State University  Corvallis, OR

Hearing Officer: Beth Giddens

Stat. Auth.: ORS 351.070

Stats. Implemented: ORS 351.070

Proposed Amendments: 576-050-0015

Last Date for Comment: 12-20-12, Close of Business

Summary: Currently “Faculty Mediator” is defined as an academic employee with faculty rank who is chosen by the Faculty Senate Executive Committee to hear faculty grievances. This rule change would also make nonacademic employees of faculty rank eligible to act as a Faculty Mediator under the Division 50 rules.

Rules Coordinator: Beth Giddens

Address: Oregon University System, Oregon State University, 638 Kerr Administration Bldg., Corvallis, OR 97331

Telephone: (541) 737-2449


 

Rule Caption: Repeals Article 576 Division 26, Measles Immunization Policy.

Date: Time: Location:

12-19-12  1 p.m. Memorial Union Rm. 206  Oregon State University  Corvallis, OR

Hearing Officer: Beth Giddens

Stat. Auth.: ORS 351.070

Stats. Implemented: ORS 351.070

Proposed Repeals: 576-026-0005, 576-026-0010

Last Date for Comment: 12-20-12, Close of Business

Summary: Oregon law now includes the requirements set forth in Division 26, along with other requirements. Division 26 is no longer needed as OSU follows the broader state law on immunization requirements. Repealing the rule does not change any policy or procedure.

Rules Coordinator: Beth Giddens

Address: Oregon University System, Oregon State University, 638 Kerr Administration Bldg., Corvallis, OR 97331

Telephone: (541) 737-2449


 

Rule Caption: Criminal history checks for employment and service.

Date: Time: Location:

12-19-12  1 p.m. Memorial Union Rm. 206  Oregon State University  Corvallis, OR

Hearing Officer: Beth Giddens

Stat. Auth.: ORS 351.070, 181.534 & 352.012

Other Auth.: OAR 380-023-0106 et seq

Stats. Implemented: ORS 351.070, 181.534 & 352.012

Proposed Adoptions: 576-055-0000, 576-055-0010, 576-055-0020, 576-055-0030, 576-055-0040, 576-055-0050, 576-055-0060, 576-055-0070, 576-055-0080, 576-055-0090, 576-055-0100, 576-055-0110, 576-055-0120, 576-055-0130, 576-055-0140, 576-055-0150, 576-055-0160

Last Date for Comment: 12-20-12, Close of Business

Summary: Oregon State University is committed to protecting the security, safety, and health of faculty, staff, students and others, as well as safeguarding the assets and resources of the University. To meet these objectives, the University may require a criminal history check as a condition prior to any applicant, employee, or volunteer providing services in a critical or security-sensitive position.

Rules Coordinator: Beth Giddens

Address: Oregon University System, Oregon State University, 638 Kerr Administration Bldg., Corvallis, OR 97331

Telephone: (541) 737-2449


 

Rule Caption: Motor vehicle history checks for employment and service.

Date: Time: Location:

12-19-12  1 p.m. Memorial Union Rm. 206  Oregon State University  Corvallis, OR

Hearing Officer: Beth Giddens

Stat. Auth.: ORS 351.070

Stats. Implemented: ORS 351.070

Proposed Adoptions: 576-056-0000, 576-056-0010, 576-056-0020, 576-056-0030, 576-056-0040, 576-056-0050, 576-056-0060, 576-056-0070, 576-056-0080, 576-056-0090, 576-056-0100, 576-056-0110, 576-056-0120, 576-056-0130

Last Date for Comment: 12-20-12, Close of Business

Summary: Oregon State University is committed to protecting the security, safety, and health of faculty, staff, students and others, as well as safeguarding the assets and resources of the University. To meet these objectives, the University may require a criminal history check as a condition prior to any applicant, employee, or volunteer providing services in a critical or security-sensitive position.

Rules Coordinator: Beth Giddens

Address: Oregon University System, Oregon State University, 638 Kerr Administration Bldg., Corvallis, OR 97331

Telephone: (541) 737-2449

 

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

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

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

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