Loading
 

 

Oregon Bulletin

November 1, 2013

 

NOTICES OF PROPOSED RULEMAKING AND
PROPOSED RULEMAKING HEARINGS

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

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

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

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

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


Board of Nursing, Chapter 851

Rule Caption: Removal of NLNAC acronym and minor edits

Date:   Time:   Location:

11-21-13    9 a.m.   17938 SW Upper Boones Ferry Rd.      Portland, OR 97224

Hearing Officer: Kay Carnegie, Board President

Stat. Auth.: ORS 678.031, 678.150, 678.340, 678.360

Stats. Implemented: ORS 678.031, 678.150, 678.340, 678.360

Proposed Amendments: 851-021-0005, 851-021-0010, 851-021-0025, 851-021-0050, 851-021-0120

Last Date for Comment: 11-21-13, 5 p.m.

Summary: Name change by a national nursing accreditation agency specifically referenced in rule required removal of this name from the definitions and some rule sections. While making this needed change, minor edits were made to other sections including changes in position titles, rule reference numbers, and a line missing from one section since the last revision. No changes are considered substantive. Accreditation agencies are now referred to using a more generic term to prevent the need for rule changes when organizations make name changes.

Rules Coordinator: Peggy A. Lightfoot

Address: Board of Nursing, 17938 SW Upper Boones Ferry Rd., Portland, OR 97224

Telephone: (971) 673-0638


Rule Caption: Correct accreditation agency language, standardize language with Division 56

Date:   Time:   Location:

11-21-13    9 a.m.   17938 SW Upper Boones Ferry Rd.      Portland, OR 97224

Hearing Officer: Kay Carnegie, Board President

Stat. Auth.: ORS 678.150, 678.375, 678.380, 678.390

Stats. Implemented: ORS 678.150, 678.375, 678.380, 678.390

Proposed Amendments: 851-050-0000, 851-050-0001, 851-050-0002

Last Date for Comment: 11-21-13, 5 p.m.

Summary: Name change by a national nursing accreditation agency specifically referenced in rule required removal of this name from the definitions and some rule sections. Accreditation agencies are now referred to using a more generic term to prevent the need for rule changes when organizations make name changes. Work on a related Division showed need to standardize some definitions and language to provide clarity.

Rules Coordinator: Peggy A. Lightfoot

Address: Board of Nursing, 17938 SW Upper Boones Ferry Rd., Portland, OR 97224

Telephone: (971) 673-0638


Rule Caption: Incorporation of rules to review/approved CNS education programs based on national standards and criteria

Date:   Time:   Location:

11-21-13    9 a.m.   17938 SW Upper Boones Ferry Rd.      Portland, OR 97224

Hearing Officer: Kay Carnegie, Board President

Stat. Auth.: ORS 678.050, 678.150, 678.370, 678.372

Stats. Implemented: ORS 678.050, 678.150, 678.370, 678.372

Proposed Adoptions: 851-054-0030, 851-054-0035

Proposed Amendments: 851-054-0010, 851-054-0020, 851-054-0021, 851-054-0040

Last Date for Comment: 11-21-13, 5 p.m.

Summary: Rules for the review/approval of clinical nursing specialist programs are defined based on national standards and criteria for such programs at the graduate level. Name change by a national nursing accreditation agency specifically referenced in rule required removal of this name from the definitions and some rule sections. Accreditation agencies are now referred to using a more generic term to prevent the need for rule changes when organizations make name changes. Requirements for re-entry into this area of practice for those without an adequate number of practice hours were made more explicit.

Rules Coordinator: Peggy A. Lightfoot

Address: Board of Nursing, 17938 SW Upper Boones Ferry Rd., Portland, OR 97224

Telephone: (971) 673-0638


Rule Caption: Incorporation of CRNAs and changes to dispensing rules based on statute changes from 2013 session

Date:   Time:   Location:

11-21-13    9 a.m.   17938 SW Upper Boones Ferry Rd.      Portland, OR 97224

Hearing Officer: Kay Carnegie, Board President

Stat. Auth.: ORS 678.111, 678.113, 678.150, 678.285, 678.390

Stats. Implemented: ORS 678.111, 678.350, 678.370, 678.372, 678.375, 678.380, 678.385, 678.390

Proposed Amendments: 851-056-0000, 851-056-0004, 851-056-0006, 851-056-0008, 851-056-0010, 851-056-0012, 851-056-0014, 851-056-0016, 851-056-0018, 851-056-0020, 851-056-0022, 851-056-0026

Last Date for Comment: 11-21-13, 5 p.m.

Summary: Passage of two bills directly applicable to prescriptive authority for advanced practice nurses required changes in Division 56 Rules. New language is added to encompass the prescriptive authority granted by statute for certified registered nurse anesthetists (CRNAs). Specific criteria for dispensing authority were removed as they have been removed from statute. A few minor changes were made to correct dates and/or names of publications referred to in the rule.

Rules Coordinator: Peggy A. Lightfoot

Address: Board of Nursing, 17938 SW Upper Boones Ferry Rd., Portland, OR 97224

Telephone: (971) 673-0638


Rule Caption: Deletion of Department of Education exemption requirement and expanding Board options related to faculty qualifications

Date:   Time:   Location:

11-21-13    9 a.m.   17938 SW Upper Boones Ferry Rd.      Portland, OR

Hearing Officer: Kay Carnegie, Board President

Stat. Auth.: ORS 678.440, 678.442, 678.444 & 678.445

Stats. Implemented: ORS 678.440 & 678.444

Proposed Amendments: 851-061-0020, 851-061-0030, 851-061-0080, 851-061-0090

Last Date for Comment: 11-21-13, 5 p.m.

Summary: HB 2187A passed during the 2013 Legislative Session making the requirement for nursing assistant or medication aide training programs to apply for an exemption from the Department of Education no longer necessary. Thus this requirement is proposed to be removed from the current rules. Language is proposed to be added that gives the Board its full range of options related to approving licensed nurses for faculty positions. In addition, the program director’s responsibility related to verifying student eligibility for medication aide or CNA 2 training is clarified.

Rules Coordinator: Peggy A. Lightfoot

Address: Board of Nursing, 17938 SW Upper Boones Ferry Rd., Portland, OR 97224

Telephone: (971) 673-0638


Rule Caption: Expanding Board options related to nursing assistant and medication aide applicants and updating references

Date:   Time:   Location:

11-21-13    9 a.m.   17938 SW Upper Boones Ferry Rd.      Portland, OR

Hearing Officer: Kay Carnegie, Board President

Stat. Auth.: ORS 678.440, 678.442, 678.444, & 678.445

Stats. Implemented: ORS 678.440 & 678.442

Proposed Amendments: 851-062-0010, 851-062-0050, 851-062-0080, 851-062-0130

Last Date for Comment: 11-21-13, 5 p.m.

Summary: Language is proposed to be added that gives the Board its full range of options related to approving applicants for a certified nursing assistant 1 (CNA 1) , certified nursing assistant 2 (CNA 2), and certified medication aide (CMA). This proposed revision also removes the outdated reference to Senior and People with Disabilities and replaces it with the broader organizational name.

Rules Coordinator: Peggy A. Lightfoot

Address: Board of Nursing, 17938 SW Upper Boones Ferry Rd., Portland, OR 97224

Telephone: (971) 673-0638


Board of Pharmacy, Chapter 855

Rule Caption: Adopt epinephrine and rules required by Legislature. Amend division 041, fee, pharmacist and RDF rules

Date:   Time:   Location:

11-21-13    9:30 a.m.   800 NE Oregon St.,       Conference Rm. 1A      Portland, OR 97232

Hearing Officer: Courtney Wilson

Stat. Auth.: ORS 291.055, 401.065, 433.441, 433.443, 475.035, 689.155, 689.205, 689.305, 689.315, OL 2013, Ch. 332, OL 2013, Ch. 340, OL 2013, Ch. 342, OL 2013, Ch. 367

Stats. Implemented: ORS 431.972, 676.200, 676.410, 689.135, 689.151, 689.155, 689.455, 689.645, 689.505, 689.515, 689.774, OL 2012, Ch. 34, OL 2013, Ch. 332, OL 2013, Ch. 340, OL 2013, Ch. 342, OL 2013, Ch. 367

Proposed Adoptions: 855-041-1001, 855-041-2300, 855-041-2310, 855-041-2320, 855-041-2330

Proposed Amendments: 855-007-0080, 855-011-0020, 855-019-0205, 855-019-0270, 855-019-0280, 855-041-1030, 855-041-1105, 855-041-4200, 855-110-0005, 855-110-0007

Last Date for Comment: 11-21-13, 4:30 p.m.

Summary: The 2013 Oregon Legislature required the Board of Pharmacy to adopt or amend rules relating to public health emergencies, bio similars, naloxone, and the Health Professional’s Service Program (HPSP). For clarity, the Board is proposing to amend the name/title of Remote Dispensing Facility to be changed to Remote Distribution Facility. The Board is also proposing to adopt rules as they relate to epinephrine. Division 110 is being proposed for amendment to reflect the Remote Dispensing Facility name change and to reduce the score transfer and supervising physician dispensing outlet fees pursuant to ORS 291.055(3). Division 019 and 041 are being proposed for amendment to require a pharmacist and outlet to notify the Board within one business day in the event of significant drug losses or violations related to drug theft.

   Copies of the full text of these rules can be obtained on the Board’s website at www.pharmacy.state.or.us, or by calling the Board office at (971) 673-0001

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 the foreign degree evaluation process.

Stat. Auth.: ORS 675.010–675.150

Stats. Implemented: ORS 675.030 & 675.110

Proposed Amendments: 858-010-0010, 858-010-0013, 858-010-0016, 858-010-0036

Last Date for Comment: 12-31-13, 5 p.m.

Summary: The proposed amendment changes the review process for applicants for licensure who possess a foreign degree. Evaluation will no longer be conducted by a Board approved credentialing body, but will instead be completed by the National Register of Health Service Psychologists. The amendment also makes other minor language changes to clarify that foreign training is accepted.

Rules Coordinator: LaRee Felton

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

Telephone: (503) 373-1196


Bureau of Labor and Industries, Chapter 839

Rule Caption: Amendments removing charge amendment restrictions, establishing procedural deadlines, conforming rules to Hearings Unit reorganization, clarifying

Stat. Auth.: ORS chapter 183; ORS 279C.817; 651.060(4); 658.407(3); 658.820; 659A.805

Other Auth.: SB 135, 77th Leg., Reg. Session (Or.2013) (abolishment of Wage and Hour Commission)

Stats. Implemented: ORS chapter 183; ORS 279C.815; 279C.860; 279C.860; 279C.885; 652.332(3); 653.065(1); 658.115; 659A.845; 659A.850

Proposed Amendments: 839-050-0000, 839-050-010, 839-050-0020, 839-050-0030, 839-050-0040, 839-050-0050, 839-050-0060, 839-050-0070, 839-050-0080, 839-050-0090, 839-050-0100, 839-050-0110, 839-050-0120, 839-050-0130, 839-050-0140, 839-050-0150, 839-050-0160, 839-050-0170, 839-050-0180, 839-050-0190, 839-050-0200, 839-050-0210, 839-050-0220, 839-050-0230, 839-050-0240, 839-050-0250, 839-050-0255, 839-050-0260, 839-050-0270, 839-050-0280, 839-050-0290, 839-050-0300, 839-050-0310, 839-050-0320, 839-050-0330, 839-050-0340, 0839-050-0350, 839-050-0360, 839-050-0370, 839-050-0380, 839-050-0400, 839-050-0410, 839-050-0420, 839-050-0430, 839-050-0440, 839-050-0445

Last Date for Comment: 11-21-13

Summary: The Agency proposes to amend OAR 839-050-0140 to mirror the rules of the Office of Administrative Hearings, which allow an agency to amend its charging document at any time prior to hearing without seeking the consent of the administrative law judge. Respondents would be permitted to respond to amendments.

   The agency proposes to amend OAR 839-050-150, setting a deadline for filing motions for summary judgment at 21 days prior to hearing.

   The amendments to OAR 839-050-0210 and OAR 839-050-0255 would set the deadline for filing case summaries at 14 days prior to the hearing date, providing uniformity among cases and clarity so that all participants may be aware of this important deadline.

   During 2012, the agency’s Hearings Unit was reorganized and renamed the Administrative Prosecution Unit. OAR 839 Division 50 rules still refer to the “Hearings Unit” and other terminology specific to the unit’s former organization. The Agency proposes to define new terms and to otherwise amend the rules to reflect the unit reorganization and renaming.

   The Agency proposes to amend rules to correct statutory references; to add clarifying language; to correct the source for obtaining Attorney General Model Rules; to clarify that declaratory ruling proceedings are governed by Attorney General Model Rules; to set out the types of cases brought by or on behalf of “aggrieved persons;” to delete references to the Wage and Hour Commission, which was abolished by SB 135.

Rules Coordinator: Marcia Ohlemiller

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

Telephone: (971) 673-0784


Rule Caption: Implements legislation abolishing Wage and Hour Commission; modifies meal period requirement for minors

Stat. Auth.: ORS 651.060(4), 653.261

Stats. Implemented: SB 135, 77th Leg., Reg. Session (OL 2013); ORS Ch. 653

Proposed Amendments: 839-021-0006, 839-021-0067, 839-021-0070, 839-021-0072, 839-021-0087, 839-021-0097, 839-021-0102, 839-021-0104, 839-021-0175, 839-021-0220, 839-021-0221, 839-021-0246, 839-021-0248, 839-021-0255, 839-021-0265, 839-021-0280, 839-021-0290, 839-021-0292, 839-021-0294, 839-021-0297, 839-021-0315, 839-021-0320, 839-021-0325, 839-021-0330, 839-021-0335, 839-021-0340, 839-021-0345, 839-021-0350, 839-021-0355, 839-021-0360, 839-021-0365, 839-021-0370, 839-021-0490, Rules in 839-021.

Last Date for Comment: 11-22-13

Summary: The 2013 Regular Session of the Oregon Legislature abolished the Wage and Hour Commission and transferred its duties, functions, and powers to the Bureau of Labor and Industries. The proposed rule amendments would replace references to the Wage and Hour Commission with the Bureau of Labor and Industries. In addition, the proposed rule amendments would conform the meal period requirement for minor employees to that found in OAR 839-020-0050, which establishes the meal period requirement for adult employees.

Rules Coordinator: Marcia Ohlemiller

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

Telephone: (971) 673-0784


Rule Caption: Implements legislation relating to direct deposit of wages and seasonal farmworker final wages

Stat. Auth.: ORS 651.060(4), 652.165

Stats. Implemented: HB 2683 & SB 677, 77th Leg., Reg. Session (OL 2013); ORS 652.110, 652.145

Proposed Amendments: 839-001-0440, 839-001-0450, Rules in 839-001

Last Date for Comment: 11-22-13

Summary: H.B. 2683 amended ORS 652.110 to permit an employer to pay an employee’s wages without discount through the direct deposit of wages into the employee’s account in a financial institution unless the employee requested to be paid by check. In addition, S.B. 677 amended ORS 652.145 to permit, under certain conditions, the payment of final wages to a seasonal farmworker by noon on the day after termination of employment. The proposed rule amendments would permit employers to make final payment of wages by direct deposit, unless an employee has requested to be paid by check, and to make payment of wages at termination for seasonal farmworkers at noon on the day following termination if conditions established by S.B. 677 are met.

Rules Coordinator: Marcia Ohlemiller

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

Telephone: (971) 673-0784


Rule Caption: Removes references to the Wage and Hour Commission in rules governing child labor violations

Stat. Auth.: ORS 651.060(4), 653.525

Stats. Implemented: SB 135, 77th Leg., Reg. Session (OR 2013), ORS Ch. 653

Proposed Amendments: 839-019-0004, 839-019-0010, 839-019-0100, Rules in 839-019

Last Date for Comment: 11-22-13

Summary: S.B. 135, 77th Leg., Reg. Session (Or.2013) abolished the Wage and Hour Commission. The proposed amendments to rules governing civil penalties for violations of child labor regulations would be revised to remove references to the commission.

Rules Coordinator: Marcia Ohlemiller

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

Telephone: (971) 673-0784


Rule Caption: Repeals rules governing the Wage and Hour Commission’s gathering of information through subpoenas or testimony

Stat. Auth.: ORS 651.060(4), 653.525

Stats. Implemented: SB 135, 77th Leg., Reg. Session (OL 2013); ORS Ch. 653

Proposed Repeals: 839-022-0000, 839-022-0010, 839-022-0100, 839-022-0105, 839-022-0110, 839-022-0115, 839-022-0120, 839-022-0125, 839-022-0130, 839-022-0135, 839-022-0140, 839-022-0145, 839-022-0150, 839-022-0155, 839-022-0160, 839-022-0165, Rules in 839-022

Last Date for Comment: 11-22-13

Summary: S.B. 135, 77th Leg., Reg. Session (Or.2013) abolished the Wage and Hour Commission and repealed ORS 653.530, which authorized the commission to conduct investigations, issue subpoenas, obtain evidence, and take testimony in matters related to the commission’s duties. OAR 839, division 22, implemented ORS 653.530 by establishing procedures for the issuance of subpoenas and the gathering of testimony through the commission. With the abolition of the Wage and Hour Commission and repeal of its authority to issue subpoenas and gather testimony, repeal of the related administrative rules is necessary. The proposed rule amendments would repeal procedures for the issuance of subpoenas and the gathering of testimony through the commission.

Rules Coordinator: Marcia Ohlemiller

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

Telephone: (971) 673-0784


Rule Caption: Implements legislation related to prevailing wage law; clarifies fringe benefit contribution requirements

Stat. Auth.: ORS 651.060(4), 279C.808

Stats. Implemented: HB 2545 & HB 2646, 77th Leg., Reg. Session (OR 2013); ORS Ch. 279C

Proposed Amendments: 839-025-0004, 839-025-0010, 839-025-0013, 839-025-0020, 839-025-0035, 839-025-0043, 839-025-0085, 839-025-0090, 839-025-0095, 839-025-0230, 839-025-0530, Rules in 839-025

Last Date for Comment: 11-22-13

Summary: The 2013 Regular Session of the Oregon Legislature enacted two pieces of legislation which require amendments to be made to the administrative rules governing the payment of prevailing wage rates on public works projects. First, the proposed rule amendments would add any member or manager of a limited liability company who is responsible for certain violations of the prevailing wage rate regulations to those persons who may be made ineligible to receive a public works contract. Second, the definition of a public works would be modified to include projects for the construction, reconstruction, major renovation or painting of a road, highway, building, structure, or improvement of any type that occurs, with or without using funds of a public agency, on real property that the Oregon University System or an institution of the Oregon University System owns. Additionally, revisions would be made to rules addressing the frequency of payments to fringe benefit plans. Under existing rule, contributions made by contractors to a bona fide fringe benefit plan are required to be made on a regular basis and not less often than quarterly. 839-025-0043 would be amended to define the terms “regular basis” and “not less often than quarterly;” 839-025-0530 would make clear that the failure to contribute fringe benefit wages timely to a plan on a “regular basis” and “not less often than quarterly” is a violation of the prevailing wage rate regulations for which a civil penalty may be assessed. 839-025-0035(8) would clarify that persons employed on a public works project for personal services, as that term is defined in ORS 279C.100(5), are not workers required to be paid the prevailing rate of wage.

Rules Coordinator: Marcia Ohlemiller

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

Telephone: (971) 673-0784


Rule Caption: Removes references to the Wage and Hour Commission; clarifies timing of the meal period

Stat. Auth.: ORS 651.060(4), 653.040

Stats. Implemented: SB 135, 77th Leg., Reg. Session (OL 2013); ORS Ch. 653

Proposed Amendments: 839-020-0004, 839-020-0025, 839-020-0040, 839-020-0050, 839-020-0070, 839-020-1010, Rules in 839-020

Last Date for Comment: 11-22-13

Summary: S.B. 135, 77th Leg., Reg. Session (Or2013) abolished the Wage and Hour Commission, which necessitates the removal of references to the commission from OAR 839, division 20. In addition, 839-020-0050 would be amended to provide additional clarification concerning the timing of meal periods for employees subject to the provisions of the state’s minimum wage law.

Rules Coordinator: Marcia Ohlemiller

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

Telephone: (971) 673-0784


Rule Caption: Amending and adopting rules to implement newly enacted whistleblower protection regarding election laws

Stat. Auth.: ORS 659A.805

Stats. Implemented: ORS SB 148, 77th Leg. Reg. Session (Or. 2013)

Proposed Adoptions: 839-010-0300, 839-010-0305, 839-010-0310

Proposed Amendments: 839-010-0000, Rules in 839-010

Last Date for Comment: 11-28-13

Summary: Proposed Amendments would clarify the purpose and scope of the rules in correctly stating the provisions of the Oregon Revised Statutes that are enforced. Newly adopted rules would implement newly enacted legislation extending whistleblower protections to disclosures regarding violations of election laws.

Rules Coordinator: Marcia Ohlemiller

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

Telephone: (971) 673-0784


Rule Caption: Amendments to Division 839-003 reflecting commissioner complaint process and conforming civil action terms to statutes

Stat. Auth.: ORS 659A.805

Stats. Implemented: ORS Ch. 659A, ORS 654.062

Proposed Amendments: 839-003-0005, 839-003-0020, 839-003-0031, 839-003-0090, 839-003-0100, 839-003-0235, 839-003-0245

Last Date for Comment: 11-28-13

Summary: Currently OARs 839-003-0005, 839-003-0031, 839-003-0090, 839-003-0100 and 839-003-0245 include the term “complainant”but not the term “aggrieved person.” Proposed amendments to these rules would add “aggrieved person” to clarify that the Commissioner or the Attorney General, acting as the complainant, may bring complaints on behalf of aggrieved persons.

   Currently OARs 839-003-0020 and 839-003-0235 use the term “civil suit” rather than “civil action” as used in the enabling statutes. Proposed amendments would conform the terminology of these rules with the statutes.

Rules Coordinator: Marcia Ohlemiller

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

Telephone: (971) 673-0784


Rule Caption: Amending, adopting 839-005 rules regarding career schools, social media, interns, substantial evidence, commissioner complaints

Stat. Auth.: ORS 659A.805

Stats. Implemented: ORS Ch. 659A, H.B. 2669, 77th Leg., Reg. Session (Or. 2013), H.B. 2654, 77th Leg., Reg. Session (Or. 2013), ORS 345.240, 659A.320

Proposed Adoptions: 839-005-0300, 839-005-0305, 839-005-0310, 839-005-0315, 839-005-0320, 839-005-0325, 839-005-0400

Proposed Amendments: 839-005-0003, 839-005-0011, 839-005-0030, 839-005-0060, 839-005-0065, 839-005-0070, 839-005-0075, 839-005-0080, 839-005-0085, 839-005-0206, Rules in 839-005

Last Date for Comment: 11-28-13

Summary: Proposed amendments to 839-005-0003, 839-005-0011, 839-005-0030 replace the term “complainant” with “aggrieved person” because the Commissioner and Attorney General may bring complaints on behalf of aggrieved persons.

   Proposed amendments to 839-005-0003 would amend to implement newly enacted legislation extending employee protections under ORS 695A.030, 695A.082, 695A.109, 695A.112, 695A.136, 695A.142, 695A.199, 695A.230, 695A.233, 695A.236, 695A.290, 695A.300, 695A.303, 695A.306, and 695A.315 to interns.

   Proposed amendments to 839-005-0206 would make the definition of substantial evidence in the Housing Discrimination section internally consistent and consistent with Federal laws and necessary elements for proving discrimination.

   Proposed adoptions of 839-005-0300, 839-005-0305, 839-005-0310, 839-005-0315, 839-005-0320, 839-005-0325 would address discrimination by Career Schools. These new rules will reference the statutes prohibiting unlawful discrimination by career schools which are enforced by BOLI and clarify the BOLI’s standards and procedures.

   Proposed adoption 839-005-0400 would address unlawful employment practices by an employer related to employee’s social media accounts to be consistent with newly enacted legislation.

   Proposed amendments to 839-005-0060, 839-005-0065, 839-005-0070, 839-005-0075, 839-005-0080 and 839-005-0085 would replace the Oregon Laws citation with ORS 659A.320, the statutory citation for limitations on the lawful use of credit history in employment.

Rules Coordinator: Marcia Ohlemiller

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

Telephone: (971) 673-0784


Rule Caption: Amending, adopting and renumbering rules in Division 839-006 regarding disabilities

Stat. Auth.: ORS 659A.805

Stats. Implemented: ORS 659A.103–659A.142; H.B. 2111, 77th Leg., Reg. Session (Or. 2013); HB 2668, 77th Leg., Reg. Session (Or. 2013); SB 610, 77th Leg., Reg. Session (Or. 2013)

Proposed Adoptions: 839-006-0291, 839-006-0292, 839-006-0345

Proposed Amendments: 839-006-0205, 839-006-0212, 839-006-0270, 839-006-0290, 839-006-0295, 839-006-0305, Rules in 839-006

Proposed Renumberings: 839-006-0332 to 839-006-0350

Proposed Ren. & Amends: 839-006-0307 to 839-006-0340

Last Date for Comment: 11-28-13

Summary: Proposed amendments to 839-006-0205 and 839-006-0212 would make the rules consistent with newly enacted legislation regarding substantial limitations.

   Proposed amendments to 839-006-0270 and 839-006-0295 and adoption of 839-006-0292 would provide definitions for auxiliary aids and services for state government. Adoption of 839-006-0291 would provide clarification for reasonable modifications by state government. These are all consistent with the Americans with Disabilities Act and ORS 659A.139. Proposed amendments to 839-006-0290 would implement newly enacted legislation regarding places of public accommodation and state government.

   Proposed amendments to 839-006-0305 would modify the definition of place of public accommodation consistent with newly enacted legislation.

   Proposed amendments to and renumbering of 839-006-0307 to 839-006-0340 would reorganize the rule as theories of discrimination that apply to state government and places of public accommodation. The proposed amendments would also replace the term “complainant” with “individual” because the Commissioner and the Attorney General may bring complaints on behalf on individuals with disabilities

   The proposed adoption of 839-006-0345 will provide information on assistance animals in places of public accommodation and state government, consistent with newly enacted legislation.

   The proposed renumbering of 839-006-0332 to 839-006-0350, will move the existing rule without amendments, as the subject of the rule, requirements for transient lodging, is separate and not a part of the Oregon disability statutes.

Rules Coordinator: Marcia Ohlemiller

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

Telephone: (971) 673-0784


Rule Caption: Amending rules in Division 839-009 to add new statutory provisions, add a leave form, and make housekeeping edits

Stat. Auth.: ORS 659A.805

Stats. Implemented: ORS 659A.150-659A.186, 659A.043, 659A.046, HB 2950, 77th Leg., Reg. Session (Or. 2013), ORS 659A.270-659A.285, HB 2903, 77th Leg., Reg. Session (Or. 2013), ORS 659A.090- 659A.099, HB 3263, 77th Leg., Reg. Session (Or. 2013)

Proposed Amendments: 839-009-0210, 839-009-0230, 839-009-0240, 839-009-0250, 839-009-0325, 839-009-0340, 839-009-0362, 839-009-0363, 839-009-0430, Rules in 839-009

Last Date for Comment: 11-28-13

Summary: Proposed amendments to 839-009-0210, 839-009-0230, 839-009-0240, 839-009-0250 would implement newly enacted legislation on OFLA.

   Further proposed amendments to 839-009-0210 would be for housekeeping and to make the definition of health care provider consistent with the statutes.

   Proposed amendments to 839-009-0325, 839-009-0340, 839-009-0362, 839-009-0363 would implement newly enacted legislation regarding public employers with respect to victims under this section.

   Proposed amendments to OAR 839-009-0325 would clarify what posting is required under newly enacted legislation. Currently 839-009-0325 does not include a posting requirement for ORS 659A.170 to 659A.285. Newly amended legislation creates this requirement.

   Proposed amendments to 839-009-0340 would reflect newly enacted legislation and create consistency among the definitions of victim. Currently OAR 839-009-0340 includes definitions which are no longer consistent with newly enacted legislation. It also currently contains a definition of Victim of Harassment that is not consistent with definitions of Victim of Domestic Violence, Victim of Sexual Assault, and Victim of Stalking.

   Proposed amendments to 839-009-0430 would include an example request form for OMFLA which a covered employee may provide.

Rules Coordinator: Marcia Ohlemiller

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

Telephone: (971) 673-0784


Construction Contractors Board, Chapter 812

Rule Caption: Implement 2013 Legislation, Housekeeping, New Endorsements, Contract Requirements, Home Energy Assessors, Worker Leasing Companies, EEAST

Date:   Time:   Location:

12-3-13    11 a.m.   West Salem Roths IGA       Santiam Rm., 425 Glen Creek Rd.,      Salem, OR

Hearing Officer: Rob Yorke

Stat. Auth.: ORS 183.310 to 183.500, 183.310 to 183.545, 670.310, 670.605, 701.068, 701.088, 701.126, 701.235, 701.280, 701.305, 701.315, 701.320, 701.330, 701.335, 701.992

Other Auth.: Chapter 8 OR Laws 2013 (HB 2436), Chapter 168 OR Laws 2013 (SB 205), Chapter 196 OR Laws 2013 (HB 2268), Chapter 300 OR Laws 2013 (SB 207), Chapter 378 OR Laws 2013 (HB 2524)

Stats. Implemented: ORS 25.270, 25.785, 25.990, 470, 470.560, 670.310, 670.600, 670.605, 701.005, 701.035, 701.042, 701.046, 701.050, 701.056, 701.063, 701.068, 701.073, 701.081, 701.084, 701.088, 701.098, 701.100, 701.108, 701.119, 701.0122, 701.126, 701.131, 701.238, 701.305, 701.330, 701.335, 701.350, 701.355, 701.475 to 701490, 701.480, 701.490, OR Laws ch. 753, OR Laws 2009 ch. 753, sections 42-46a, section 48 & section 49, OR Laws 2013, ch. 383.

Proposed Adoptions: Rules in 812-032, 812-032-0000, 812-032-0100, 812-032-0110, 812-032-0120, 812-032-0123, 812-032-0130, 812-032-0135, 812-032-0140, 812-032-0150

Proposed Amendments: 812-002-0120, 812-003-0131, 812-003-0152, 812-003-0153, 812-003-0171, 812-003-0175, 812-003-0180, 812-003-0221, 812-003-0240, 812-003-0250, 812-003-0260, 812-003-0290, 812-003-0310, 812-003-0320, 812-003-0390, 812-003-0400, 812-003-0430, 812-003-0440, 812-008-0030, 812-008-0040, 812-012-0110, 812-021-0005, 812-021-0021, 812-021-0045, 812-021-0047, 812-025-0000, 812-025-0005, 812-025-0010, 812-030-0000, 812-030-0240

Proposed Repeals: 812-003-0130, 812-003-0140, 812-003-0141, 812-003-0150, 812-003-0170, 812-003-0220

Last Date for Comment: 12-03-13, 11 a.m.

Summary: Amend rules to implement 2013 legislative changes.

   812-002-0120 is amended to implement OR Laws Ch. 378 (HB 2524) (2013) that increase the casual, minor or inconsequential work from $500 to $1,000.

   812-003-0131 is amended to remove the reference to July 1, 2008, and to add the new endorsements Residential Locksmith Services Contractor, Home Inspector Services Contractor, Home Service Contractor, and Home Energy Performance Score Contractor to implement SB 207 and HB 2801.

   812-003-0152 is amended to remove unnecessary references and to replace the reference to ordered with determined by the agency to reflect 2011 statute changes regarding the dispute resolution process.

   812-003-0153 is amended to remove unnecessary references and to replace the reference to ordered with determined by the agency to reflect 2011 statute changes regarding the dispute resolution process.

   812-003-0171 is amended to remove the reference to July 1, 2008, and to add the bond amounts for the new endorsements Residential Locksmith Services Contractor, Home Inspector Services Contractor, and Home Service Contractor to implement SB 207.

   812-003-0175 is amended to remove a reference that has been repealed and to add reference to determination by the agency to reflect 2011 statute changes regarding the dispute resolution process, and updates cite references.

   812-003-0180 is amended to add reference to determination by the agency to reflect changes made in 2011 to the statutes regarding the dispute resolution process.

   812-003-221 is amended to remove the reference to July 1, 2008, and to add the new endorsements Residential Locksmith Services Contractor, Home Inspector Services Contractor, and Home Service Contractor to implement SB 207.

   812-003-0240, 812-021-0021 are amended to implement OR Laws Ch. 196 (HB 2268) (2013) that changes the term licensed architect to registered.

   812-003-0250 is amended to add reference to business entities that utilize one or more workers supplied by a worker leasing company to implement SB 207.

   812-003-0260 is amended to add information required in new license applications for new contractor license endorsements created by SB 207 and HB 2801 (2013), and updates cite references.

   812-003-0290 is amended to remove the reference to licenses renewing on or before July 1, 2008 since no such licenses remain.

   812-003-0310 is amended to add reference to limited partnerships and conditions for entity to remain unchanged, hence qualifying for a valid license card. Implements SB 207 (2013).

   812-003-0320 is amended to add reference to limited partnerships, which are a business entity that may operate as a contractor. Implements SB 207 (2013).

   812-003-0390 is amended to add reference to determination by the agency to reflect changes made in 2011 to statutes regarding dispute resolution process.

   812-003-0400 is amended to remove reference to ORS 701.085 which was renumbered to ORS 701.068.

   812-003-0430 is amended to change the word claim to complaint and remove reference to commenced on or after January 1, 1998 since there are no longer any liens perfected or complaints subject to CCB jurisdiction that occurred before that date, and correct cite references.

   812-003-0440 is amended to correct cite references.

   812-008-0030 is amended to add reference to the new home inspection services contractor endorsement created by SB 207 (2013), adds provisions to clarify that persons who assign home energy performance scores are exempt from the rules governing home inspectors (SB 207) (2013), and adds provisions that home inspection services contractors are not required to complete continuing education (HB 2801) (2013).

   812-008-0040 is amended to add the reference to the new home inspection services contractor endorsement created by SB 207 (2013), and adds the term individual before the word applicant to clarify that education is required of the individual, not the business.

   812-012-0110 is amended to implement OR Laws Ch. 168 (SB 205) (2013) the agency, by rule, adopts the mandatory contract terms.

   812-021-0005 is amended to add definition that employee includes leased workers from a licensed worker leasing company.

   812-021-0045 is amended to allow contractor to claim continuing education complete by leased worker only if the leased worker completed the courses while leased to the contractor.

   812-021-0047 is amended to allow only one contractor to claim continuing education credits earned by a leased worker.

   812-025-0000 is amended to implement OR Laws Ch. 8 (HB 2436) (2013) changes that limit certification to primary contractors for EEAST certification.

   812-25-0005 is amended to implement OR Laws Ch. 8 (HB 2436) (2013) by adding a definition for primary contractors in regard to EEAST certification.

   812-025-0010 is amended provide that a licensed contractor may apply to CCB for certification to participate as a primary contractor in the construction of small scale local energy projects financed by the EEAST program. (HB 2436) (2013).

   812-030-0240 is amended to remove reference to July 1, 2010 that is no longer necessary and to add reference to the new endorsement residential locksmith contractor created by SB 207 (2013).

   Adopt rules to implement Ch. 383 OR Laws 2013 (HB 2801):

   812-032-0000 is adopted to create definitions relating to home energy performance scores.

   812-032-0100 is adopted to establish the application requirements to implement HB 2801.

   812-032-0110 is adopted to establish the certificate requirements to implement HB 2801.

   812-032-0120 is adopted to establish the requirements to issue certificates to individuals applying to renew a home energy assessor’s certificate.

   812-032-0123 is adopted to establish that CCB will issue a certificate and pocket card to qualified home energy assessors and establish a fee for replacement cards.

   812-032-0130 is adopted to establish requirements for renewal of the home energy assessor certificates.

   812-032-0135 is adopted to establish requirements for home energy assessors to keep CCB informed of their mailing and email address.

   812-032-0140 is adopted to establish home energy assessor must be an owner or worker for a licensed contractor, and includes home energy performance score contractors.

   812-032-0150 is adopted to establish fees for the initial application, initial issuance and renewal of home energy assessor certificates.

   Repeal the following rules:

   812-003-0130 is repealed because the rule is outdated CCB no longer has license categories.

   812-003-0140 is repealed because it is no longer necessary as it applied to license applications, renewals and reissuance until June 30, 2010.

   812-003-0141 is repealed because it is no longer necessary as it applied to four year licenses issued on or before July 1, 2008 and no such license exists.

   812-003-0150 and 812-003-0170 are repealed because they are outdated and no longer necessary as it relates to bonds issued before July 1, 2008.

   812-003-0220 is repealed because it is outdated, it relates to insurance amounts for licenses issued before July 1, 2008.

Rules Coordinator: Catherine Dixon

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

Telephone: (503) 934-2185


Department of Administrative Services, Chapter 125

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

Date:   Time:   Location:

11-15-13    1 p.m.   Conference Rm. B      155 Cottage St. NE,      Salem, OR 97301

Hearing Officer: Jay Jackson

Stat. Auth.: ORS 184.305, 184.340, 279A.065, 279A.070, 279A.140

Other Auth.: OL 2013, Chapter 66; 42 USC 1320d-1320d-8; PL 104-191, sec. 262 & sec. 264

Stats. Implemented: ORS 192.519, 279A.020, 279A.025, 279A.030, 279A.050, 279A.055, 279A.065, 279A.070, 279A.075, 279A.140, 279A.180, 279A.200, 279A.205, 279A.210, 279A.215, 279A.220, 279A.225, 279A.990, 279B.005, 279B.025, 279B.050, 279B.065, 279B.070, 279B.270, 279B.280, 279C.100 -279C.125, 279C.110, 279C.307

Proposed Amendments: 125-055-0100, 125-055-0105, 125-055-0115, 125-055-0120, 125-055-0125, 125-055-0130, 125-246-0100, 125-246-0110, 125-246-0130, 125-246-0165, 125-246-0170, 125-246-0350, 125-246-0360, 125-246-0400, 125-246-0500, 125-246-0556, 125-246-0570, 125-246-0900, 125-247-0170, 125-247-0200, 125-247-0265, 125-247-0270, 125-247-0805, 125-248-0130

Proposed Repeals: 125-010-0005

Last Date for Comment: 11-15-13, 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 2013, 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. 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


Department of Agriculture, Chapter 603

Rule Caption: Adopts a quarantine for Rathayibacter Toxicus including methods for exclusion and for eradication if found.

Date:   Time:   Location:

11-21-13    10 a.m.   Oregon Dept. of Agriculture      151 Hawthorne St.      Salem, OR

Hearing Officer: Gary McAninch

Stat. Auth.: ORS 561.190, 561.510–561.540, 561.990–561.995

Stats. Implemented: ORS 561.510–561.540

Proposed Adoptions: 603-052-1241

Last Date for Comment: 11-21-13, 5 p.m.

Summary: This rule establishes a quarantine against Rathayibacter Toxicus, the cause of bacterial gummosis of seed heads. This bacterium causes a disease that infects ryegrass and other grass species, severely limiting seed production. The bacterium also produces a toxin that can contaminate grass seeds, hay and other plant parts; the toxin can be fatal to mammals. Methods for exclusion of commodities potentially infected with this bacterium and procedures for eradication of incipient infections are prescribed in this quarantine.

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: Creates additional requirements for municipality submitting a local amendment request

Stat. Auth.: ORS 455.030

Stats. Implemented: ORS 455.040

Proposed Amendments: 918-020-0370

Last Date for Comment: 11-22-13, 5 p.m.

Summary: Under the current rule, the division may approve requests from municipalities for ordinances that represent local amendments to the state building code. This proposed rule creates new provisions for a local amendment request when a municipality submits their request to the Building Codes Division.

Rules Coordinator: Richard J. Baumann

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

Telephone: (503) 373-7559


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

Rule Caption: Update of Holding Company Rules Including Enterprise Report and Prior Notice of Acquisitions

Date:   Time:   Location:

11-25-13    2 p.m.*   Conference Rm. E       Labor & Industries Bldg.       350 Winter St. NE      Salem, OR

Hearing Officer: Jeannette Holman

Stat. Auth.: ORS 732.705

Other Auth.: Ch. 370, Oregon Laws 2013

Stats. Implemented: ORS 732.517-732.592

Proposed Adoptions: 836-027-0125, 836-027-0140

Proposed Amendments: 836-027-0005, 836-027-0010, 836-027-0030, 836-027-0035, 836-027-0045, 836-027-0050, 836-027-0100

Last Date for Comment: 12-2-13

Summary: * Note: The hearing will begin at 2 p.m. and end when all present who wish to testify have done so. If you wish to present testimony by telephone, please contact the Rules Coordinator at the number given at least 24 hours prior to the Hearing Date.

   These proposed rules amend existing rules related to holding companies to incorporate changes necessary as a result of legislation passed by the 2013 Legislative Assembly. The major changes are to adopt the forms and requirements for an annual enterprise report for holding companies and the pre-acquisition notification required to be filed by a domestic insurer that is proposing a merger or acquisition or by a non-domiciliary insurer licensed to do business in this state. The rules are based on the National Association of Insurance Commissioners’ Model Regulation #450, Insurance Holding Company System Model Regulation With Reporting Forms and Instructions. The proposed rules include the two new forms as exhibits.

Rules Coordinator: Victor Garcia

Address: Department of Consumer and Business Services, Insurance Division, 350 Winter St. NE, Salem, OR 97301

Telephone: (503) 947-7260


Rule Caption: Revisions to Administrative Streamlining and Simplification Rules

Date:   Time:   Location:

11-25-13    10 a.m.*   Conference Rm. E       Labor & Industries Bldg.      350 Winter St. NE,       Salem, OR

Hearing Officer: Jeannette Holman

Stat. Auth.: ORS 743.061, 731.244

Stats. Implemented: ORS 743.061

Proposed Amendments: 836-100-0100, 836-100-0105, 836-100-0110, 836-100-0115

Last Date for Comment: 12-2-13

Summary: * Note: The hearing will begin at 10 a.m. and end when all present who wish to testify have done so. If you wish to present testimony by telephone, please contact the Rules Coordinator at the number given at least 24 hours prior to the Hearing Date.

   These rules adopt the newly developed Oregon Companion Guides X12N/005010X221 Health Care Payment/Advice (835) and X12N/005010X212 Claim Status Request and Response (276/277). The Oregon Health Authority has recommended adoption of these Companion Guides in furtherance of the state’s goal of administrative streamlining in health care transactions as required under ORS 743.062. In addition to adding the new Companion Guide on Health Care Payment Advice, these proposed rules eliminate a waiver provision that becomes obsolete on January 1, 2014. The requirement to comply now specifies that use of the companion guides is required to the extent possible, thus eliminating the need for the waiver provision. The proposed rules also make minor, technical corrections to the rules.

   The amendments to these rules will apply on and after January 1, 2014.

Rules Coordinator: Victor Garcia

Address: Department of Consumer and Business Services, Insurance Division, 350 Winter St. NE, Salem, OR 97301

Telephone: (503) 947-7260


Rule Caption: Limited License to Allow Owner of Self-Service Storage Facility to Sell Insurance to Occupants

Date:   Time:   Location:

12-12-13    10 a.m.*   Conference Rm. E,       Labor & Industries Bldg.      350 Winter St. NE      Salem, OR

Hearing Officer: Jeannette Holman

Stat. Auth.: ORS 731.244, 744.001, sect. 8, ch. 280, Oregon Laws 2013

Other Auth.: Sections 2 to 8, ch. 280, Oregon Laws 2013

Stats. Implemented: Sections 2 to 8, ch. 280, Oregon Laws 2013

Proposed Adoptions: 836-071-0405, 836-071-0410, 836-071-0415, 836-071-0420, 836-071-0425

Last Date for Comment: 12-16-13

Summary: * Note: The hearing will begin at 10 a.m. and end when all present who wish to testify have done so. If you wish to present testimony by telephone, please contact the Rules Coordinator at the number given at least 24 hours prior to the Hearing Date.

   These proposed rules establish the application materials and requirements for a self-service storage owner to obtain a limited lines insurance license. The proposed rules also establish requirements for the maintenance of employee information and the required training program; and the limited license renewal process applicable to self-service storage facilities. The proposed rules are necessary to implement recent legislation enacted by the 2013 Legislative Assembly in House Bill 2845 (HB 2845).

Rules Coordinator: Victor Garcia

Address: Department of Consumer and Business Services, Insurance Division, 350 Winter St. NE, Salem, OR 97301

Telephone: (503) 947-7260


Rule Caption: Implementing State and Federal Health Insurance Reforms, Revise Reporting Mechanisms and Correct Obsolete Rule Language

Date:   Time:   Location:

12-4-13    9 a.m.*   Conference Room F      350 Winter St. NE      Salem, OR

Hearing Officer: Jeannette Holman

Stat. Auth.: ORS 731.244, 731.296, 742.710, 743.018, 743.019, 743.020, 743.552, 743.526, 743.552, 743.560, 743.562, 743.566, 743.601, 743.610, 743.731, 743.751, 743.758, 743.766, 743.769, 743.790, 743.814, 743.818, 743.819, 743.822, 743.857, 743.858, 743.859, 743.861, 743.862, 743.893, 743.894, 743.911, 746.240 & 743A.168

Other Auth.: Chapter 681, Oregon Laws 2013 (Enrolled House Bill 2240)

Stats. Implemented: ORS 731.296, 732.820, 732.825, 737.205, 737.207, 737.710, 737.330,742.001, 742.003, 742.005, 742.007, 743.015, 743.018, 743.019, 743.020,743.499, 743.751, 743.522, 743.526, 743.552, 743.560, 743.562, 743.601,743.610, 743.650, 743.652, 743.699, 743.730, 743.731, 743.734, 743.737, 743.745, 743.748, 743.751, 743.552, 743.754, 737.766, 743.767, 743.769, 743.733, 743.777, 743.801,743.804, 743.806, 743.807, 743.814, 743.817, 743.818, 743.837, 743.857, 743.858, 743.859, 743.861, 743.862, 743.874, 743.876, 743.878, 743.782, 743.894,743.911, 743.913, 746.015, 746.045, 746.055, 746.160, 746.240 & 743A.168, sect. 2, 3, 4, 5, 6 & 7, Ch. 681, OL 2013 (Enrolled House Bill 2240)

Proposed Adoptions: 836-010-0051, 836-053-0002, 836-053-0008, 836-053-0009, 836-053-0063, 836-053-0211, 836-053-0221, 836-053-0431, 836-053-0835, 836-053-1180, 836-075-0045

Proposed Amendments: 836-010-0011, 836-020-0770, 836-020-0775, 836-020-0780 , 836-020-0785, 836-020-0806, 836-052-0676, 836-052-0800, 836-052-0860, 836-053-0001, 836-053-0003, 836-053-0005, 836-053-0007, 836-053-0021, 836-053-0030, 836-053-0050, 836-053-0065, 836-053-0070, 836-053-0410, 836-053-0415, 836-053-0465, 836-053-0471, 836-053-0475, 836-053-0825, 836-053-0830, 836-053-0851, 836-053-0900, 836-053-0910, 836-053-1000, 836-053-1020, 836-053-1030, 836-053-1035, 836-053-1070, 836-053-1080, 836-053-1100, 836-053-1110, 836-053-1130, 836-053-1140, 836-053-1170, 836-053-1190, 836-053-1200, 836-053-1315, 836-053-1320, 836-053-1325, 836-053-1330, 836-053-1335, 836-053-1340, 836-053-1342, 836-053-1345, 836-053-1350, 836-053-1355, 836-053-1360, 836-053-1365, 836-053-1400, 836-053-1410, 836-053-1415, 836-080-0050, 836-080-0055, 836-080-0080, 836-081-0005, 836-082-0050, 836-082-0055, 836-085-0001, 836-085-0005, 836-085-0010, 836-085-0825, 836-085-0035, 836-085-0045, 836-085-0050

Proposed Repeals: 836-052-0830, 836-053-0040, 836-053-0060, 836-053-0081, 836-043-0210, 836-053-0220, 836-053-0230, 836-053-0250, 836-053-0430, 836-053-0440, 836-053-0460, 836-053-0700, 836-053-0710, 836-053-0750, 836-053-0760, 836-053-0780, 836-053-0785, 836-053-0790, 836-053-0800, 836-053-1040, 836-053-1401, 836-100-0011, 836-100-0016, 836-100-0020, 836-100-0025, 836-100-0030, 836-100-0035, 836-100-0040, 836-100-0045

Proposed Renumberings: 836-053-0000 to 836-053-0472

Last Date for Comment: 12-9-13

Summary: * Note: The hearing will begin at 9 a.m. and end when all present who wish to testify have done so. If you wish to present testimony by telephone, please contact the Rules Coordinator at the number given at least 24 hours prior to the Hearing Date.

   These rules implement changes to insurance regulation necessary to conform to state and federal health reform legislation including Enrolled House Bill 2240(2013 Legislative Session) and the federal Public Health Service Act as amended by the Affordable Care Act. The rules also implement changes to insurer communication requirements, reporting and external review processes. Finally the rules revise obsolete language to provide clarity. Some of the specific changes in, the rules include:

   • Establish requirements for electronic reporting.

   • Changes to coordination of benefits for individual coverage.

   • Eliminate outdated insurer to insurer notice requirement.

   • Define essential health benefits and make related changes.

   • Establish modification requirements for health benefit plans.

   • Changes to association, trust, and MEWA certification requirements.

   • Defining the Oregon Bronze and Standard plans.

   • Streamline rules relating to underwriting and benefit design for small and large groups.

   • Clarify rate filing requirements for grandfathered small group plans.

   • Streamline rules relating to underwriting, enrollment, and benefit design for group health benefit plans including small group plans; to create new requirements for the crediting of creditable coverage; and to establish special enrollment provisions and effective dates of coverage.

   • Revise creditable coverage requirements for individual and group health benefit plans.

   • Provide for open and special enrollment provisions and effective dates of coverage for individual health benefit plans.

   • Clarify distinctions between individual grandfathered and nongrandfathered health benefit plan rating requirements.

   • Update various reporting requirements.

   • Clarify grievance reporting requirements.

   • Clarify and update provisions related to independent review requirements.

   • Prohibit discrimination based on sexual orientation.

   • Clarify the definition of “clean claim.”

   The proposed rules also adopt changes to the rate filing rule that were previously adopted as a temporary rule on June 17, 2013. The temporary rules will expire on December 6, 2013, so the changes in these proposed rules will adopt that change permanently.

Rules Coordinator: Victor Garcia

Address: Department of Consumer and Business Services, Insurance Division, 350 Winter St. NE, Salem, OR 97301

Telephone: (503) 947-7260


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

Rule Caption: Propose to adopt federal amendments to consensus standards for signage in general industry and construction.

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

Stats. Implemented: 654.001–654.295

Proposed Amendments: OAR 437-002-0005, 437-002-0080, 437-002-0140, 437-002-0300, 437-002-0312, 437-003-0001, 437-003-0420

Last Date for Comment: 11-29-13

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

   Oregon OSHA proposes to amend standards in Division 2, general industry, and Division 3, construction, to reflect federal OSHA updates published in the June 13, 2013 Federal Register. Federal OSHA updated its general industry and construction signage rules by adding references to the latest version of the American National Standards Institute (“ANSI”) standards on accident prevention signs and tags, ANSI Z535.1-2006 (R2011), Z535.2-2011 and Z535.5-2011. OSHA retained references to the earlier ANSI signage standards, ANSI Z53.1-1967, Z35.1-1968 and Z35.2-1968. This rulemaking provides employers the option to comply with either the earlier or updated standards.

   Oregon-initiated rules will also be amended to reflect the newer ANSI references.

   Please visit our web site www.orosha.org

   Click ‘Rules’ 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 Energy, Chapter 330

Rule Caption: Amends requirements for including green energy technology in new construction and renovation of public buildings.

Date:   Time:   Location:

12-11-13    9 a.m.   Oregon Department of Energy      625 Marion Street NE      Salem, OR 97301

Hearing Officer: Kacia Brockman

Stat. Auth.: ORS 469.040, 279C.528 & chapter 612, Oregon Laws 2013

Stats. Implemented: ORS 279C.527, 279C.528 & chapter 612, Oregon Laws 2013

Proposed Adoptions: 330-135-0060

Proposed Amendments: 330-135-0010 – 330-135-0045, 330-135-0050

Proposed Repeals: 330-135-0047

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

Summary: The primary purpose of these proposed rule amendments is to implement House Bill 3169, passed by the 2013 Oregon Legislative Assembly, which revised the requirements for public bodies to spend 1.5 percent of the total contract price for the construction, renovation or major remodel of a public building. Proposed amendments relate to requirements for installing green energy technology at an alternate site, deferring funds to a future project, and reporting project information. Additionally, the proposed amendments include editorial changes to clarify the roles and process for determining if green energy technology is appropriate at a site. A new section describing outreach to public bodies is also proposed.

   The rules will become effective upon filing. Text of the proposed rules and hearing details can be found on the department website: http://www.oregon.gov/energy/Pages/Rulemaking-Green-Energy-Technology.aspx.

Rules Coordinator: Kathy Stuttaford

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

Telephone: (503) 378-4040


Rule Caption: Updates the list of state-regulated appliances, adds test methods and clarifies product certification process.

Date:   Time:   Location:

12-5-13    2 p.m.   Oregon Department of Energy      625 Marion Street NE      Salem, OR 97301

Hearing Officer: Kacia Brockman

Stat. Auth.: ORS 469.040, 469.225, 469.261 & chapter 418, Oregon Laws 2013

Stats. Implemented: ORS 469.229–469.261 & chapter 418, Oregon Laws 2013

Proposed Amendments: 330-092-0005 – 330-092-0055, 330-092-0070

Proposed Repeals: 330-092-0060, 330-092-0065

Last Date for Comment: 12-6-13, 5 p.m.

Summary: The primary purpose of these proposed rule amendments is to implement Senate Bill 692, passed by the 2013 Oregon Legislative Assembly, which established minimum energy efficiency standards for new televisions, battery charger systems and high light output double-ended quartz halogen lamps sold or installed in Oregon. Methods for testing the energy consumption of those three products are described in the proposed rules. The proposed rule amendments also update the list of products now subject to federal energy efficiency standards and therefore no longer subject to state regulation, and update and clarify the certification and compliance requirements for state-regulated equipment. Two sections regarding the department’s authority to postpone, adopt or update minimum energy efficiency standards are proposed to be repealed as they are redundant with statute.

   The rules will become effective January 1, 2014. Text of the proposed rules and hearing details can be found on the department website: http://www.oregon.gov/energy/Pages/Rulemaking-Appliance-Standards.aspx.

Rules Coordinator: Kathy Stuttaford

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

Telephone: (503) 378-4040


Rule Caption: Residential Energy Tax Credit rule updating solar photovoltaic and stove incentives and other program aspects.

Date:   Time:   Location:

12-5-13    10 a.m.   Oregon Department of Energy      625 Marion Street NE      Salem, OR 97301

Hearing Officer: Elizabeth Ross

Stat. Auth.: ORS 469.040, 469B.100, 469B.103, 469B.106, 469B.109; 469B.112, 316.116

Stats. Implemented: ORS 469B.100–469B.118, 316.116; 317.115

Proposed Amendments: 330-070-0014, 330-070-0020, 330-070-0021, 330-070-0022, 330-070-0025, 330-070-0026, 330-070-0029, 330-070-0064, 330-070-0073

Proposed Repeals: 330-070-0019

Last Date for Comment: 12-6-13, 5 p.m.

Summary: The proposed rule for the Residential Energy Tax Credit program assists and improves program administration, provides adjustments to the solar electric incentive rate and reworks the incentive calculation for wood and pellet stoves. The rule also clarifies pass-through requirements, updates rule language to disallow projects from receiving multiple incentives from the department, defines a single system and repeals and deletes sections of rule no longer applicable. For solar photovoltaic projects specifically, the proposed rule clarifies the itemized pricing needed for the application, adds a requirement for the department to verify the project’s inverters and modules are listed on the California Electric Commission’s list and adds an allowance for a third-party reservation to be transferred in limited situations. Lastly, the proposed rule includes housekeeping amendments to correct terminology, simplifies language and updates statutory references. The department requests public comment on the draft rule.

   A call-in number is available for the public hearing, please see website for details and other materials: http://www.oregon.gov/energy/CONS/Pages/Rulemaking-RETC.aspx

Rules Coordinator: Kathy Stuttaford

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

Telephone: (503) 378-4040


Rule Caption: Establishing Alternative Fuel Vehicle Revolving Fund program; revising Small Scale Local Energy Loan Program rules.

Date:   Time:   Location:

11-22-13    10 a.m.   Oregon Department of Energy      625 Marion Street NE      Salem, OR 97301

Hearing Officer: Elizabeth Ross

Stat. Auth.: Oregon Laws 2013 ch. 774, sections 4 & 7; 469.040, 470.080, 470.140

Stats. Implemented: Oregon Laws 2013 ch. 774, sections 1–7; ORS 470.050–470.815

Proposed Adoptions: 330-110-0060

Proposed Amendments: 330-110-0010, 330-110-0040

Proposed Repeals: 330-110-0040(T)

Last Date for Comment: 11-25-13, 5 p.m.

Summary: Oregon Laws 2013, chapter 774, sections 1 through 7 (SB 583) establishes the Alternative Fuel Vehicle Revolving Fund to provide loans to Oregon’s public bodies and federally recognized Indian tribes in Oregon. These loans assist in the purchase of new alternative fuel vehicles and help convert existing gasoline or diesel vehicles to alternative fuels. The proposed rule provides the policies and procedures for the Alternative Fuel Vehicle Revolving Fund program. The proposed rules create procedures for the department to allocate monies for loans from the Alternative Fuel Vehicle Revolving Fund by outlining a prioritization process, if the program is oversubscribed. The rules adopt policies for establishing loan terms and interest rates to ensure that the objectives of SB 583 are met and adequate funds are maintained to meet future fund needs. The rules adopt procedures and standards necessary for the department to administer the Alternative Fuel Vehicle Revolving Fund program such as application contents, application processing procedures, reporting requirements and funding limits. The proposed rules amend the definition of “fleet” for the Small Scale Local Energy Loan Program to require a minimum of two (rather than three) vehicles. The proposed rules also adopt a temporary rule filed by the department on June 17, 2013 to clarify eligible uses of loan proceeds for Small Scale Local Energy Loan projects. The Agency requests public comment on these draft rules.

   A call-in number is available for the public hearing, please see website for details: http://www.oregon.gov/energy/pages/rulemaking-selp.aspx

Rules Coordinator: Kathy Stuttaford

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

Telephone: (503) 378-4040


Department of Environmental Quality, Chapter 340

Rule Caption: Clean Water State Revolving Fund Longer-term Financing

Date:   Time:   Location:

11-19-13 - 11 a.m. 211 Stewart Ave. Suite 201 Medford ,OR

11-19-13 - 4 p.m. 211 Stewart Ave. Suite 201 Meford, OR

11-19-13 - 11 a.m. 475 NE Bellevue Dr., Ste. 110 Bend OR

11-19-13 - 4 p.m. 475 NE Bellevue Dr., Ste. 110 Bend OR

11-19-13 - 11 a.m. 811 SE Sixth Ave. Rm. EQC-A Portland OR

11-19-13 - 4 p.m. 811 SE Sixth Ave. Rm. EQC-A Portland OR

11-19-13 - 11 a.m. 700 SE Emigrant Ave., Ste. 330, Pendleton, OR

11-19-13 - 4 p.m. 700 SE Emigrant Ave., Ste. 330, Pendleton, OR

11-19-13 - 11 a.m. 165 East 7th Ave., McKenzie Rm., Eugene OR

11-19-13 - 4 p.m. 165 East 7th Ave., McKenzie Rm,. Eugene OR

11-19-13 - 11 a.m. 381 N Second St., Conference Rm. Coos Bay, OR

11-19-13 - 4 p.m. 381 N Second St., Conference Rm. Coos Bay, OR

Hearing Officer: DEQ Staff

Stat. Auth.: ORS 468.020, 468.440

Stats. Implemented: ORS 468.423-468.440

Proposed Adoptions: 340-054-0071, 340-054-0072

Proposed Amendments: 340-054-0010, 340-054-0011

Last Date for Comment: 12-2-13, 5 p.m.

Summary: DEQ proposes new and amended rules for the Clean Water State Revolving Fund to allow public agencies a longer-term option for financing treatment works projects. The proposed financing option would allow DEQ to buy or refinance a public agency’s debt obligation for treatment works projects in the form of a revenue bond for a term not to exceed 30 years.

   The proposed option would benefit smaller and lower-income communities by spreading the debt repayment over a longer period, thereby decreasing the financial burden on residents.

   All new borrowers for new treatment works projects would have the option of the traditional CWSRF loan with terms up to 20 years or the new financing option of a bond purchase agreement with terms up to 30 years. Combining the two types of financing for new projects is not an option.

   The proposed rules would limit refinancing of existing CWSRF treatment works loans to the most disadvantaged borrowers. Economic status and loan characteristic criteria would determine the borrower’s eligibility. Refinancing would be a one-time, limited-period offer.

   For both new and existing eligible borrowers, the proposed rules would add interest rate premiums to the current base rates for the longer-term financing option to protect the CWSRF fund’s perpetuity. The proposed three-tiered interest rate premium ranges from 0 percent for the most disadvantaged communities to 0.5 percent for the least disadvantaged communities.

   The proposed rules would not limit the amount of CWSRF funds allocated for longer-term financing. Prioritization for general longer-term financing allocation and for incentives and reserves such as green projects, small communities and principal forgiveness would not change from current rules.

Rules Coordinator: Maggie Vandehey

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

Telephone: (503) 229-6878


Department of Fish and Wildlife, Chapter 635

Rule Caption: Amendments to Rules for Commercial Recreational Groundfish Fisheries

Date:   Time:   Location:

12-6-13    8 a.m.   Sheraton Portland Airport      8235 NE Airport Way      Portland OR 97220

Hearing Officer: Fish & Wildlife Commission

Stat. Auth.: ORS 596.138, 496.146, 496.162, 497.121, 506.036, 506.109, 506.119, 506.129, 508.530, 508.535, 508.550

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

Proposed Adoptions: Rules in 635-004, 006 & 039

Proposed Amendments: Rules in 635-004, 006 & 039

Proposed Repeals: Rules in 635-004, 006 & 039

Last Date for Comment: 12-6-13

Summary: These amended rules, as determined justified, will establish annual groundfish management measures and harvest limits for 2014 commercial and sport groundfish fisheries, and will require federal permit numbers to be recorded on fish receiving tickets for landings made in the commercial limited entry fixed gear sablefish fishery. Housekeeping and technical corrections to the regulations may occur to ensure rule consistency.

Rules Coordinator: Therese Kucera

Address: Department of Fish and Wildlife, 4034 Fairview Industrial Dr. SE, Salem, OR 97302

Telephone: (503) 947-6033


Rule Caption: Non Resident Uniformed Services Personnel Angling License Fees

Date:   Time:   Location:

12-6-13    8 a.m.   Sheraton Portland Airport      8235 NE Airport Way      Portland, OR 97220

Hearing Officer: Fish & Wildlife Commission

Stat. Auth.: ORS 496.138, 496.146, 506.045, 506.119, 509.230

Stats. Implemented: ORS 496.162, 506.109, 506.129, 509.230, 2013 HB 2252

Proposed Adoptions: Rules in 635-011

Proposed Amendments: Rules in 635-011

Last Date for Comment: 12-6-13

Summary: These Oregon Administrative Rule amendments will implement changes to the fees charged for uniformed services members. The passage of HB 2252 (2013) allowed non-resident uniformed services personnel to pay the same rates as Oregon residents when purchasing angling and shellfish licenses from the Department. Housekeeping and technical corrections to the regulations may occur to ensure rule consistency.

Rules Coordinator: Therese Kucera

Address: Department of Fish and Wildlife, 4034 Fairview Industrial Dr. SE, Salem, OR 97302

Telephone: (503) 947-6033


Department of Geology and Mineral Industries, Chapter 632

Rule Caption: Amend OAR chapter 632, divisions 35 and 37 to Implement HB 2248 (2013)

Date:   Time:   Location:

12-5-13    10 a.m.   Albany Office       229 Broadalbin St. SW      Albany, OR 97321

Hearing Officer: Gary Lynch

Stat. Auth.: ORS 516.090, 517.750-517.992

Stats. Implemented: ORS 517.750-517.992

Proposed Amendments: 632-035-0005 – 632-035-0060, 632-037-0005 – 632-037-0060, 632-037-0075 – 632-037-0085, 632-037-0095 – 632-037-0115

Last Date for Comment: 12-12-13

Summary: The proposed rule amendments implement HB 2248 (2013). The rules expand the application of the consolidated permitting process (in Division 37) to metal mines (other than placer mines) that use processing methods other than gravity separation and modify the fees and expense recovery provisions in the consolidate application process to be consistent with the statute. Also reflecting the changes from HB 2248, the proposed amendments (in Division 35) alter procedures for permitting of mines regulated under ORS 517.901 to 951 and make conforming amendments to provisions relating to fees and financial security for such mines. The proposed amendments in both rule divisions also address other relevant legislation enacted after the rules were adopted or last amended and make the rule language internally consistent and correct punctuation and grammar.

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, Aging and People with Disabilities and Developmental Disabilities, Chapter 411

Rule Caption: Homecare Workers Enrolled in the Consumer-Employed Provider Program

Date:   Time:   Location:

11-20-13    1:30 p.m.   500 Summer St. NE, Rm. 160      Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 409.050, 410.070 & 410.090

Stats. Implemented: ORS 410.010, 410.020, 410.070, 410.612 & 410.614

Proposed Amendments: 411-031-0020, 411-031-0040, 411-031-0050

Proposed Repeals: 411-031-0020(T), 411-031-0040(T)

Last Date for Comment: 11-22-13, 5 p.m.

Summary: The Department of Human Services (Department) is proposing to amend the rules in OAR chapter 411, division 031 relating to homecare workers enrolled in the Consumer-Employed Provider Program.

   The proposed rules:

   • Make permanent the changes adopted by temporary rule that became effective on July 1, 2013;

   • Permanently amend the definition of fiscal improprieties to protect a homecare worker employed by a relative from an allegation of fiscal improprieties;

   • Remove references to waivered services as appropriate, and as appropriate, replace the references with references to Medicaid home and community-based services in order to recognize services available through Medicaid waivers or under the Medicaid State Plan;

   • Allow the Department to decide on a case-by-case basis whether to request a proposed order, final order, or proposed and final order when making referrals to the Office of Administrative Hearings when a homecare worker requests an administrative hearing based on the termination of his or her provider enrollment; and

   • Reflect new Department terminology and correct formatting and punctuation.

Rules Coordinator: Christina Hartman

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

Telephone: (503) 945-6398


Rule Caption: Long-Term Care Service Priorities

Date:   Time:   Location:

11-22-13    1 p.m.   500 Summer St. NE      Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 410.070

Stats. Implemented: ORS 410.060, 410.070 & 414.065

Proposed Amendments: 411-015-0005, 411-015-0008, 411-015-0015, 411-015-0100

Proposed Repeals: 411-015-0005(T), 411-015-0008(T), 411-015-0015(T), 411-015-0100(T)

Last Date for Comment: 11-26-13, 5 p.m.

Summary: The Department of Human Services (Department) is proposing to amend the rules for long-term care service priorities in OAR chapter 411, division 015.

   The proposed rules:

   • Make permanent the changes adopted by temporary rule that became effective on July 1, 2013;

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

   • Remove references to waivered services as appropriate, and as appropriate, replace the references with references to Medicaid home and community-based services in order to recognize services available through Medicaid waivers or under the Medicaid State Plan; and

   • Reflect new Department terminology and correct formatting and punctuation.

Rules Coordinator: Christina Hartman

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

Telephone: (503) 945-6398


Rule Caption: Case Management Services for Older Adults and Adults with Disabilities

Date:   Time:   Location:

11-20-13    2 p.m.   Human Services Bldg.      500 Summer St. NE, Rm. 160      Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 410.070

Stats. Implemented: ORS 410.070

Proposed Adoptions: 411-028-0000, 411-028-0010, 411-028-0020, 411-028-0030, 411-028-0040, 411-028-0050

Proposed Repeals: 411-028-0000(T), 411-028-0010(T), 411-028-0020(T), 411-028-0030(T), 411-028-0040(T), 411-028-0050(T)

Last Date for Comment: 11-22-13, 5 p.m.

Summary: The Department of Human Services (Department) is proposing to adopt rules for case management services for older adults and adults with disabilities in OAR chapter 411, division 028 to make permanent the temporary rules that became effective on July 1, 2013.

   The proposed rules articulate who may provide case management services and to whom and how often case management services will be provided. The proposed rules ensure case management services support the independence, empowerment, dignity, and human potential of older adults and adults with disabilities with the purpose of helping them reside in their own home or in a community-based setting.

Rules Coordinator: Christina Hartman

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

Telephone: (503) 945-6398


Rule Caption: Medicaid Home and Community-Based Services

Date:   Time:   Location:

11-20-13    4 p.m.   Human Services Bldg.      500 Summer St. NE, Rm. 160      Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 410.070

Stats. Implemented: ORS 410.070

Proposed Amendments: 411-001-0510, 411-030-0070, 411-030-0100, 411-040-0000, 411-045-0010, 411-045-0050, 411-048-0150, 411-048-0160, 411-048-0170, 411-065-0000, 411-070-0033

Proposed Repeals: 411-001-0510(T), 411-030-0070(T), 411-030-0100(T), 411-040-0000(T), 411-045-0010(T), 411-045-0050(T), 411-048-0150(T), 411-048-0160(T), 411-048-0170(T), 411-065-0000(T), 411-070-0033(T)

Last Date for Comment: 11-22-13, 5 p.m.

Summary: The Department of Human Services (Department) is proposing to amend the rules for Aging and People with Disabilities in OAR chapter 411 to make permanent the changes adopted by temporary rule that became effective on July 1, 2013 as a result of a change in Medicaid funding for community-based services. Some community-based services that were previously funded through Medicaid waivers will now be funded under the State Medicaid Plan. These amendments remove references to waivered services as appropriate, and as appropriate, replace the references with references to Medicaid home and community-based services. Removing references to waivered services will allow the Department to provide community-based services under Medicaid waivers or under the Medicaid State Plan, as appropriate, to reflect the change in funding.

   In addition, the amendments reflect current practice and new Department terminology and correct formatting and punctuation.

Rules Coordinator: Christina Hartman

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

Telephone: (503) 945-6398


Rule Caption: State Plan Personal Care Services

Date:   Time:   Location:

11-20-13    3 p.m.   Human Services Bldg.      500 Summer St. NE, Rm. 160      Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 409.050 & 410.070

Stats. Implemented: ORS 410.020, 410.070, & 410.710

Proposed Amendments: 411-034-0000, 411-034-0010, 411-034-0020, 411-034-0030, 411-034-0035, 411-034-0040, 411-034-0050, 411-034-0055, 411-034-0070, 411-034-0090

Proposed Repeals: Temporary Rules 411-034-0000(T), 411-034-0010(T), 411-034-0020(T), 411-034-0030(T), 411-034-0035(T), 411-034-0040(T), 411-034-0050(T), 411-034-0055(T), 411-034-0070(T), 411-034-0090(T)

Last Date for Comment: 11-22-13, 5 p.m.

Summary: The Department of Human Services (Department) is proposing to amend the State Plan personal care services rules in OAR chapter 411, division 034.

   The proposed rules —

   - Make permanent the changes adopted by temporary rule that became effective on July 1, 2013;

   - Permanently modify the authorization of State Plan personal care service hours to allow individuals with needs that exceed the current 20 hour per month payment limitation to request an exception for additional hours;

   - Correctly reflect personal support workers as providers of State Plan personal care services;

   - Update the definitions to provide consistency with terms used for services for older adults, adults with disabilities, and individuals with intellectual or developmental disabilities;

   - Clarify provider qualifications, enrollment, employee-employer relationship, termination, and appeal rights;

   - Remove references to waivered services as appropriate, and as appropriate, replace the references with references to Medicaid home and community-based services in order to recognize services available through Medicaid waivers or under the Medicaid State Plan; and

   - Reflect new Department terminology and correct formatting and punctuation.

Rules Coordinator: Christina Hartman

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

Telephone: (503) 945-6398


Rule Caption: Medicaid Long Term Care Quality and Reimbursement Advisory Council (MLTCQRAC)

Date:   Time:   Location:

11-22-13    2 p.m.   Human Services Bldg.      500 Summer St. NE, Rm. 160      Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 410.070 & 410.555

Stats. Implemented: ORS 410.550 to 410.555

Proposed Amendments: 411-001-0100, 411-001-0110, 411-001-0118, 411-001-0120

Last Date for Comment: 11-26-13, 5 p.m.

Summary: The Department of Human Services (Department) is proposing to amend the rules for the Medicaid Long Term Care Quality and Reimbursement Advisory Council (Council) in OAR chapter 411, division 001 to clarify the Council’s role in advising the Department or the Oregon Health Authority (Authority) in changes or modifications to the Medicaid reimbursement system that affect the reimbursement or quality of long term care and community-based services administered by the Department.

Rules Coordinator: Christina Hartman

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

Telephone: (503) 945-6398


Rule Caption: 24-Hour Residential Services for Children and Adults with Intellectual or Developmental Disabilities

Date:   Time:   Location:

11-22-13    3 p.m.   Human Services Bldg.      500 Summer Street NE, Rm. 160      Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 409.050, 410.070, 443.450, & 443.455

Other Auth.: 42 CFR 441

Stats. Implemented: ORS 443.400–443.455

Proposed Amendments: Rules in 411-325

Proposed Repeals: 411-325-0020(T), 411-325-0390(T), 411-325-0400(T), 411-325-0440(T)

Last Date for Comment: 11-26-13, 5 p.m.

Summary: The Department of Human Services (Department) is proposing to amend the rules in OAR chapter 411, division 325 for 24-hour residential services for children and adults with intellectual or developmental disabilities.

   The proposed rules:

   • Make permanent the temporary rules that became effective on July 1, 2013 to implement the 1915(k) Community First Choice state plan option, comply with the Code of Federal Regulations, and implement corrective actions required by the Centers for Medicare and Medicaid Services (CMS);

   • Bring definitions in alignment with the Community First Choice state plan option;

   • Clarify the eligibility requirements for home and community-based waivered services, Community First Choice state plan services, and 24-hour residential services;

   • Specify that natural supports are voluntary by nature and are not paid for by the Department;

   • Clarify the process, notice requirements, and hearing rights for an involuntary transfer or exit from services;

   • Specify under what conditions a 24-hour residential provider may transfer or exit a child or adult involuntarily;

   • Add definitions and requirements related to a comprehensive functional needs assessment;

   • Address the roles and responsibilities of a designated representative;

   • Reflect new Department terminology and current practice; and

   • Correct formatting and punctuation.

Rules Coordinator: Christina Hartman

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

Telephone: (503) 945-6398


Rule Caption: Foster Homes for Children with Intellectual or Developmental Disabilities

Date:   Time:   Location:

11-22-13    4 p.m.   Human Services Bldg.      500 Summer Street NE, Rm. 160      Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 409.050, 410.070, & 443.835

Other Auth.: 42 CFR 441

Stats. Implemented: ORS 430.215, 443.830, & 443.835

Proposed Amendments: Rules in 411-346

Proposed Repeals: 411-346-0110(T), 411-346-0180(T)

Last Date for Comment: 11-26-13, 5 p.m.

Summary: The Department of Human Services (Department) is proposing to amend the rules in OAR chapter 411, division 346 for foster homes for children with intellectual or developmental disabilities.

   The proposed rules —

   • Make permanent the temporary rules that became effective on July 1, 2013 to implement the 1915(k) Community First Choice state plan option, comply with the Code of Federal Regulations, and implement corrective actions required by the Centers for Medicare and Medicaid Services (CMS);

   • Bring definitions in alignment with the Community First Choice state plan option and clarify by definition that a child’s support needs are identified through a functional needs assessment, that an individual support plan (ISP) reflects the manner in which services are delivered and the frequency of services, and that an ISP reflects whether services are purchased through a waiver, state plan, or provided through natural supports;

   • Clarify the process, notice requirements, and hearing rights for an involuntary transfer or exit from services;

   • Specify under what conditions a foster provider may transfer or exit a child involuntarily;

   • Clarify that an alternate caregiver, consultant, or volunteer may not be a child’s parent or legal guardian;

   • Reflect new Department terminology and current practice; and

   • Correct formatting and punctuation.

Rules Coordinator: Christina Hartman

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

Telephone: (503) 945-6398


Department of Human Services, Self-Sufficiency Programs, Chapter 461

Rule Caption: Changing OARs affecting public assistance, medical assistance, or Supplemental Nutrition Assistance Program clients

Date:   Time:   Location:

11-21-13    10 a.m.   Rm. 254, 500 Summer St. NE,      Salem, OR

Hearing Officer: Annette Tesch

Stat. Auth.: ORS 409.050, 410.070, 410.075, 411.060, 411.070, 411.083, 411.087, 411.400, 411.404, 411.660, 411.704, 411.706, 411.816, 412.006, 412.014, 412.024, 412.049, 412.124, 413.033, 413.042, 414.025, 414.042, 414.231, 414.712, 414.826, 414.831, 414.839, 416.340, 416.350, 2013 Or Laws 14 Section 10, HB 2089 (2013, Section 10)

Other Auth.: Federal Affordable Care Act, P.L. 92-336, 42 USC 9902(2), 42 USC 1396a(a)(25), 42 USC 1396k(a)(1), 42 U.S.C. 1396r-5(e)(2)(C), 42 USC 1396p, 42 CFR 435.145, 42 CFR 433.146, 42 CFR 433.36, 42 CFR 435.610

Stats. Implemented: ORS 18.854, 18.900, 93.969, 113.085, 115.125, 409.010, 409.050, 410.070, 410.075, 411.010, 411.060, 411.070, 411.083, 411.087, 411.400, 411.404, 411.620, 411.630, 411.635, 411.640, 411.660, 411.690, 411.700, 411.703, 411.704, 411.706, 411.708, 411.795, 411.816, 412.001, 412.006, 412.014, 412.024, 412.049, 412.124, 414.025, 414.231, 414.706, 414.712, 414.826, 414.831, 414.839, 416.310, 416.340, 416.350, 416.510–416.610, 420.014, 420.054, 2011 Or Laws 212 section 2, 2011 Or Laws 720 section 224, 2013 Or Laws 14 Section 10

Proposed Amendments: 461-001-0000, 461-001-0030, 461-101-0010, 461-110-0210, 461-115-0030, 461-115-0050, 461-120-0330, 461-135-0010, 461-135-0780, 461-135-0832, 461-135-0835, 461-135-0841, 461-135-0845, 461-135-0875, 461-140-0020, 461-145-0220, 461-145-0250, 461-145-0580, 461-150-0060, 461-155-0180, 461-155-0225, 461-155-0250, 461-155-0270, 461-155-0300, 461-160-0015, 461-160-0580, 461-160-0620, 461-160-0780, 461-165-0070, 461-180-0010, 461-180-0090, 461-180-0140, 461-185-0050, 461-195-0301, 461-195-0310, 461-195-0551

Proposed Repeals: 461-135-1125, 461-150-0055

Last Date for Comment: 11-22-13, 5 p.m.

Summary: OAR 461-001-0000 defining terms used in Chapter 461, OAR 461-101-0010 about program acronyms and overview, and OAR 461-155-0225 about income standards are being amended as part of the process to move policies about financial eligibility for medical assistance from OAR 461 (DHS) into the OAR 410-200 (under OHA), and as part of the implementation efforts for the federal Affordable Care Act (ACA). For applications for medical assistance starting on October 1, 2013, financial eligibility policies are changing and will be set out in OAR 410-200. These amendments make permanent temporary rule changes adopted October 1, 2013.

   OAR 461-001-0030 about definitions for OSIP and OSIPM for long-term care or home and community-based care is being amended to modify the definition of an eligible dependent to clarify this rule.

   OAR 461-110-0210 about household groups is being amended to clarify how to determine household groups in the QMB programs as well as in the OSIPM program for individuals in non-standard living situations.

   OAR 461-115-0030 about dates of request for medical programs is being amended to correct an inadvertent omission of the Qualified Medicare Beneficiary (QMB) programs from the rule. QMB programs are subject to the same rules regarding dates of requests as for other medical programs; therefore, a reference to the QMB programs is being added to this rule.

   OAR 461-115-0050 about when an application must be filed, OAR 461-180-0010 about effective dates for adding a new person to an open case, and OAR 461-180-0090 about effective dates for initial month of medical benefits are being amended as part of the process to move policies about financial eligibility for medical assistance from OAR 461 (DHS) into the OAR 410-200 (under OHA), and as part of the implementation efforts for the federal Affordable Care Act (ACA). For applications for medical assistance starting on October 1, 2013, financial eligibility policies are changing and will be set out in OAR 410-200. These amendments make permanent temporary rule changes adopted October 1, 2013.

   OAR 461-120-0330 is being amended to indicate that any parent or caretaker relative that is exempt from JOBS (Jobs Opportunity and Basic Skills) is not required to apply unemployment benefits.

   OAR 461-135-0010 about assumed eligibility for medical programs is being amended to indicate that medicaid eligibility for individuals receiving or deemed eligible for SSI is not absolute, and is subject to additional eligibility factors, aligning with federal policy consistent with clarification from the Centers for Medicare and Medicaid Services. Individuals receiving or deemed eligible for SSI are subject to additional eligibility requirements, such as residency, pursuit of assets and/or health care coverage prior to approval of Medicaid benefits. This rule is also being amended to include the policy about continuous eligibility for certain children because the current rule in which this policy appears (OAR 461-135-1149) is being repealed.

   OAR 461-135-0780 about eligibility for Pickle Amendment clients in the OSIPM program, OAR 461-145-0220 about treatment of the home, OAR 461-155-0250 about income and payment standard for OSIPM, OAR 461-155-0270 about room and board standards for OSIPM, OAR 461-155-0300 about shelter-in-kind standard for OSIP, OSIPM and QMB, OAR 461-160-0015 about resource limits, OAR 461-160-0580 about excluded resources (community spouse provision) OSIPM program (except OSIP-EPD and OSIPM-EPD), and OAR 461-160-0620 and income deductions and client liability for Long Term Care Services and Waivered Services are being amended to adjust these standard to reflect the annual federal cost of living adjustments that happen every January. These amendments keep Oregon in line with current federal standards for Department medicaid programs and changes in the cost of living.

   OAR 461-135-0832 is being amended to change references of “public assistance” to “assistance.” Oregon Laws 2013, Chapter 688, Section 32 has changed the statutory definition of “public assistance” to exclude “medical assistance.” “Assistance” will be defined in OAR 461-135-0832 and includes “medical assistance.”

   OAR 461-135-0835 is being amended to change references of “public assistance” to “assistance.” Oregon Laws 2013, Chapter 688, Section 32 has changed the statutory definition of “public assistance” to exclude “medical assistance.” “Assistance” will be defined in OAR 461-135-0832 and includes “medical assistance.”

   OAR 461-135-0841 is being amended to change references of “public assistance” to “assistance.” Oregon Laws 2013, Chapter 688, Section 32 has changed the statutory definition of “public assistance” to exclude “medical assistance.” “Assistance” is now defined in OAR 461-135-0832 and includes “medical assistance.”

   OAR 461-135-0845 is being amended to change references of “public assistance” to “assistance.” Oregon Laws 2013, Chapter 688, Section 32 has changed the statutory definition of “public assistance” to exclude “medical assistance.” “Assistance” will be defined in OAR 461-135-0832 and includes “medical assistance.”

   OAR 461-135-0875 about specific requirements for retroactive medical benefits is being amended to correct an inadvertent omission of two of the Qualified Medicare Beneficiary (QMB) programs from the rule, specifically QMB-SMB and QMB-SMF. These particular QMB programs are subject to the same rules regarding retroactive benefits for other medical programs; therefore, a reference to the QMB-SMB and QMB-SMF programs is being added to this rule. This rule is also being amended to remove a redundant and potentially confusing reference to the QMB-BAS program, which is not subject to the same rules regarding retroactive benefits. This rule is being further amended to remove medical programs whose eligibility requirements are now covered in OAR 410-200, making permanent a temporary rule change adopted October 1, 2013.

   OAR 461-135-1125 about reservation lists and eligibility is being repealed as part of the implementation of the Affordable Care Act because this policy is no longer necessary.

   OAR 461-140-0020 about availability of resources is being amended to align Department policy with the Social Security Administration’s (SSA) Program Operations Manual System (POMS), setting forth the rebuttable assumption that jointly-held resources are assumed to be entirely available to the client. Currently the Department considers a jointly-owned resource available to the extent that the client owns the resource. As with the POMS, the Department is adding the provision to this amendment indicating that the assumption of full availability is rebuttable.

   OAR 461-145-0250 about income-producing property is being amended to align with the Social Security Administration’s (SSA) Program Operations Manual System (POMS) and to clarify in the GA, GAM, OSIP, OSIPM, and QMB programs what types of property is excluded or exempt. Without these changes, this rule can be interpreted to apply trade or business definitions to non-business property, thus creating the potential for incorrect eligibility determinations. This amendment provides clearer guidelines for determining if property is used in a trade or business and gives examples of property types. This rule is also being amended to remove programs whose eligibility requirements are now covered under OAR 410-200, making permanent temporary rule changes adopted October 1, 2013.

   OAR 461-145-0580 about veterans’ benefits is being amended to correct an inadvertent omission of the Oregon Supplemental Income Program Medical (OSIPM) program from the policy setting out how aid-and-attendance payments are treated in determining eligibility for clients in standard living situations. This rule is also being amended to removed eligibility requirements now set out in OAR 410-200, making permanent a temporary rule change adopted October 1, 2013.

   OAR 461-150-0055 about eligibility and budgeting in the HKP and OHP programs is being repealed as part of the process to move policies about financial eligibility for medical assistance from OAR 461 (DHS) into the OAR 410-200 (under OHA), and as part of the implementation efforts for the federal Affordable Care Act (ACA). For applications for medical assistance starting on October 1, 2013, financial eligibility policies are changing and will be set out in OAR 410-200. This repeal makes permanent the temporary suspension of this rule that started October 1, 2013.

   OAR 461-150-0060 about prospective budgeting and eligibility is being amended to clarify that actual income is used when there is a new or terminated source of income in the initial month of eligibility for the Temporary Assistance for Needy Families (TANF)_and Refugee programs. This rule is also being amended as part of the process to move policies about financial eligibility for medical assistance from OAR 461 (DHS) into the OAR 410-200 (under OHA), and as part of the implementation efforts for the federal Affordable Care Act (ACA). For applications for medical assistance starting on October 1, 2013, financial eligibility policies are changing and will be set out in OAR 410-200. This amendment makes permanent temporary rule changes adopted on August 1, 2013 and October 1, 2013.

   OAR 461-155-0180 about poverty-related income standards is being amended to reflect the 2014 poverty level standards. The poverty guidelines are updated each year by the Department of Health and Human Services. The poverty guidelines are adjusted based on the Consumer Price Index for All Urban Consumers (CPI-U). The poverty guidelines are then used to determine financial eligibility for the programs covered by this rule except OSIP, OSIPM and QMB. 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. This rule is also being amended to make permanent a temporary rule amendment adopted August 23, 2013 setting out the standards for 300 percent of the federal poverty level instead of 201 percent.

   OAR 461-160-0580 is also being amended to change the manner of computing the amount necessary to raise the community spouse’s income to the monthly maintenance needs allowance. Instead of being an amount which, if invested, would raise the interest income of the community spouse to the allowance, it will be the amount required to purchase a single premium immediate annuity.

   OAR 461-160-0620 about income deductions and client liability for long-term care services and home and community-based care in the Oregon Supplemental Income Program Medical (OSIPM) is also being amended to change the need standard deduction for home and community-based care in-home services from the OSIPM maintenance standard (currently $710) to the OSIPM maintenance standard plus $500.

   OAR 461-160-0780 about determining adjusted income in the OSIP-EPD and OSIPM-EPD programs is being amended to remove a statement about a deduction from unearned income that is unnecessary as the only place that is available to deduct it from is earned income.

   OAR 461-165-0070 about immediate issuance of benefits is being amended to remove the policy about temporary medical cards because these temporary cards are no longer issued by branch staff.

   OAR 461-180-0140 about effective dates for retroactive medical benefits is being amended to clarify policy in the OSIPM, QMB, and REFM programs. This rule is also being amended to remove medical program eligibility now addressed in OAR 410-200.

   OAR 461-185-0050 about the client pay-in system is being amended to correct a rule reference, remove misleading language, and to clarify current policy. The rule would no longer be subject to being interpreted to instruct staff to apply a second income deduction based on an obsolete payment standard (which was removed in 2006 from OAR 461-155-0250(3).

   OAR 461-195-0301 is being amended to modify the definition of “assistance” include payments by coordinate care organizations. This rule is being amended to remove the definition of “net settlement”, update cross references, and clarify the rule.

   OAR 461-195-0310 is being amended to add a requirement that an assistance applicant or recipient provide notice to the coordinated care organization providing benefits about any action or claim for a personal injury the individual may have against a third party. This rule is also being amended to replace phrase “public assistance” with “assistance”, to remove superfluous language, and to add that an applicant or recipient’s failure to notify the individual’s coordinated care organization about an action or claim against a third party for a personal injury may result in civil liability for the applicant or recipient. This amendment also adds a requirement that a coordinated care organization, a prepaid managed care plan, and the Personal Injury Lien Unit consult with each other prior to pursuing civil liability against an applicant or recipient.

   OAR 461-195-0551 about methods of recovering overpayments is being amended to update its terminology consistent with HB 2859 (2013).

   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 22, 2013 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, Self-Sufficiency Programs, 500 Summer St. NE, E-48, Salem, OR 97301

Telephone: (503) 945-6067


Department of Revenue, Chapter 150

Rule Caption: Corporate tax; apportionment, time for adjustments, HOA income, conforming changes: HB 3477, SB 307 and minimum tax

Date:   Time:   Location:

11-25-13    10 a.m.   Fishbowl Conference Rm.      Revenue Bldg.      955 Center St NE      Salem, OR 97301

Hearing Officer: Cindy Test

Stat. Auth.: ORS 305.100

Stats. Implemented: ORS 314.280, 314.410, 317.010, 315.304, 317.067, 2013 SB 307

Proposed Amendments: 150-314.280(3), 150-314.410(4), 150-317.010, 150-315.304(9), 150-317.067

Proposed Repeals: 150-305.655

Last Date for Comment: 11-25-13, 5 p.m.

Summary: 150-314.400(4) provides instructions for time to adjust a return based on another taxing authority’s correction that causes a change to the Oregon tax return.

   150-315.304(9) makes conforming changes to the Pollution Control Facilities tax credit based on the Con-Way tax court case.

   150-317.010 removes language made obsolete because of 2013 HB 3477

   150-317.067 explains how homeowners’ associations calculate income.

   150-305.655 is repealed based on changes to MTC statute in 2013 SB 307.

Rules Coordinator: Deanna Mack

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

Telephone: (503) 947-2082


Rule Caption: PIT: various credits and subtractions; adjustments; appeals; waivers; representation; Composite returns; waterway workers, military, seniors

Date:   Time:   Location:

11-25-13    10 a.m.–5 p.m.   Fishbowl Conference Rm.      Revenue Bldg.      955 Center St NE      Salem OR 97301

Hearing Officer: Cindy Test

Stat. Auth.: ORS 305.100

Stats. Implemented: ORS 316.792, 315.204, 316.102, 316.368, 305.145, 305.230, 314.380, 314.775, 314.778, 316.127, 315.068, 316.693

Proposed Adoptions: 150-316.792; 150-316.693

Proposed Amendments: 150-315.204-(A); 150-316.102; 150-316.368; 150-305.145(3); 150-305.230; 150-314.380(2)-(B); 150-314.775; 150-314.778; 150-316.127(10); 150-315.068

Proposed Repeals: 150-316.680(1)(c)-(A); 150-316.680(1)(c)-(B); 150-316.789; 150-316.791

Last Date for Comment: 11-25-13, 5 p.m.

Summary: 150-316.792 provides for instructions for all military pay subtractions in conformance with 2013 HB 2230.

   150-316.693 provides guidance for calculating the senior medical subtraction based on 2013 HB 3601.

   150-315.204-(A) updates name of agency and removes applicability language for dependent care credits for employers.

   150-316.102 updates process with Secretary of State Elections Division for PAC filings for the political contribution credit.

   150-316.368 clarifies that a taxpayer who requests a joint liability be split can appeal to the Magistrate Division of the Oregon Tax Court within normal 90-day time frame rather than 60-day listed in rules.

   150-305.145(3) clarifies when interest will and will not be waived.

   150-305.230 provides guidance for S-corporation shareholders who can represent the S-corporation.

   150-314.380(2)-(B) clarifies procedures when another taxing authority makes a change to a tax return.

   150-314.775 updates definitions for Composite Tax Returns and Pass-through Entity Withholding.

   150-314.778 clarifies procedures for filing composite tax returns.

   150-316.127(10) conforms rule to federal law related to nonresident waterway workers.

   150-315.068 provides guidance for use of the claim of right tax credit.

   150-316.680(1)(c)-(A); 150-316.680(1)(c)-(B); 150-316.789; and 150-316.791 are all repealed due to 2013 HB 2230 and consolidated into new rule 150-316.792

Rules Coordinator: Deanna Mack

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

Telephone: (503) 947-2082


Rule Caption: Property tax, roll correction, BOPTA orders/petitions, ORMAP/OLIS advisory committee, urban renewal, appraiser continuing education; deferral

Date:   Time:   Location:

11-25-13    10 a.m.–5 p.m.   Fishbowl Conference Rm.      Revenue Building      955 Center St NE      Salem OR 97301

Hearing Officer: Cindy Test

Stat. Auth.: ORS 305.100

Stats. Implemented: ORS 305.285, 306.135, 308.010, 309.100, 309.110, 311.223, 457.440

Proposed Amendments: 150-309.100(3)-(B); 150-305.285; 150-306.135; 150-309.110(1)-(A); 150-311.223(4); 150-308.010; 150-457.440(9)

Proposed Repeals: 150-308A.724; 150-311.674; 150-311.689

Last Date for Comment: 11-25-13, 5 p.m.

Summary: 150-306.135 ORMAP/OLIS Advisory committees

   150-308.010 Appraiser continuing education

   150-309.100(3)-(B) BOPTA defective and amended petitions

   150-309.110(1)-(A) BOPTA orders

   150-311.223(4) Roll correction

   150-457.440(9) Urban renewal

   150-308A.724 repeals a special assessment program that is no longer in effect

   150-311.674 and 150-311.689 relate to the Senior Property Tax Deferral program changes from 2013 HB 2489 and HB 2510.

Rules Coordinator: Deanna Mack

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

Telephone: (503) 947-2082


Department of State Lands, Chapter 141

Rule Caption: Adopt revised Essential Indigenous Anadromous Salmonid Habitat (ESH) maps based on current data and standards

Date:   Time:   Location:

11-20-13    4–6 p.m.   Department of State Lands      Land Board Rm.      775 Summer St. NE, Suite 100      Salem, OR 97301-1279

Hearing Officer: Lori Warner-Dickason or Charles Redon

Stat. Auth.: ORS 196.810

Stats. Implemented: ORS 196.810

Proposed Amendments: 141-102-0020, 141-102-0030

Last Date for Comment: 11-30-13

Summary: Streams that are designated as ESH are those necessary to prevent the depletion of indigenous anadromous salmonid species during their life stages of spawning and rearing. ESH also includes off-channel rearing or high-flow refugia habitat with a permanent or seasonal surface water connection to an ESH stream. According to OAR 141-102-0040, the Department must consult annually with the Oregon Department of Fish & Wildlife (ODFW) on the accuracy of the ESH designations and revise the maps to reflect the best available data and the newest version of Fish Habitat Distribution Data Standard. This update resulted in addition of new stream reaches and deletion of others. There was a net increase of 617 stream miles (or roughly 3%) over the current 2010 ESH designation.

   The proposed 2013 ESH designation maps can be viewed online: http://chetco-new.dsl.state.or.us/esh/index.html

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, Chapter 731

Rule Caption: Procedures for grants and loans under the Multimodal Transportation Fund program

Stat. Auth.: ORS 184.616, 184.619, 367.082, ch. 816 OL 2005

Stats. Implemented: ORS 367.080–367.086, ch. 816 OL 2005, ch. 723 OL 2013, ch. 765 OL 2013, ch. 786 OL 2013

Proposed Amendments: 731-035-0010, 731-035-0020, 731-035-0050, 731-035-0060, 731-035-0080

Last Date for Comment: 11-21-13

Summary: the proposed amendments are needed to implement Sections 1, 2, 3 and 5 of SB 260 (Ch. 765 OL 2013), to add language allowing bicycle and pedestrian projects as eligible projects for the Multimodal Transportation Fund. The proposed amendments would also make minor revisions to the disbursal of program funds that are paid out on a reimbursement basis as called for in the Budget Note to HB 5008 (Ch. 723 OL 2013).

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

Telephone: (503) 986-3171


Rule Caption: Procurement Rules Addressing 2013 Legislative Changes and DOJ Model Rules updates for Public Contracting

Stat. Auth.: ORS 184.616, 184.619, 279A.065

Stats. Implemented: ORS 279A.050, 279A.065, 279B, 279C

Proposed Amendments: 731-147-0010, 731-147-0040, 731-149-0010

Last Date for Comment: 11-21-13

Summary: The need for revisions to Chapter 731, Divisions 147 and 149 includes the following:

   731-147-0010 — Revise the version of DOJ Model Rules ODOT is adopting and effective date.

   731-147-0040 — Revise dollar amount in 147-0040 to reflect increase in small procurement threshold to $10,000 (per 2013 HB 2212).

   731-149-0010 — Revise the version of DOJ Model Rules ODOT is adopting and effective date. Delete subsection (2) because it includes a reference to a rule that was repealed in 2011 and no longer exists.

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

Telephone: (503) 986-3171


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

Rule Caption: Establishes Method of Notification of Certain Information to Oregon Department of Veterans’ Affairs.

Stat. Auth.: ORS 184.616, 184.612, 802.010, 802.012, 802.179, 803.460 & ch. 647 OL 2013

Stats. Implemented: ORS 802.012, 803.050, 803.200, 803.220, 803.360, 803.370, 803.450, 803.460, 807.050, 807.420, 807.560 & ch. 647 OL 2013

Proposed Adoptions: 735-010-0250, 735-018-0130

Proposed Amendments: 735-018-0010

Last Date for Comment: 11-21-13

Summary: This rulemaking is needed to implement legislation enacted by the 2013 Legislative Assembly.

   Chapter 647, Oregon Laws 2013 requires:

   1. The Director of Transportation (DMV) to notify the Director of Veterans’ Affairs (ODVA), at least once a month, of the receipt of a written authorization from a member or veteran of a uniformed service to provide their name and address to ODVA. Written authorization may only be obtained in conjunction with an application for driving privileges, identification card, vehicle title or vehicle registration.

   2. DMV to adopt administrative rules in consultation with ODVA to implement the provisions of the Act.

   In consultation with ODVA, DMV proposes to adopt OAR 735-010-0250 to define terms and to specify procedures and requirements regarding the method of providing notification to ODVA as required under Chapter 647, Oregon Laws 2013.

   In addition, DMV is amending OAR 735-018-0010 and adopting OAR 735-018-0130 to specify that DMV may accept authorizations [emphasis added] submitted to DMV by means of an electronic transaction through DMV’s website. This includes an authorization to provide name and address information to the Director of Veterans’ Affairs.

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

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171


Rule Caption: Ignition Interlock Device — Medical Exemption from Requirement and When Required With Hardship Permit

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.240 & 813.602

Stats. Implemented: ORS 813.602

Proposed Adoptions: 735-070-0082

Proposed Amendments: 735-064-0070

Last Date for Comment: 11-21-13

Summary: Chapter 315, Oregon Laws 2013 (House Bill 2116) amends ORS 813.602 to allow a court to exempt a person from the condition in a diversion agreement to install and use an ignition interlock device (IID) if the court determines that the person meets the requirements for a medical exemption in accordance with rules adopted by the department. HB 2116 prompted DMV to review OAR 735-064-0070, the current rule that contains the process for issuance of an IID medical exemption. DMV proposes to amend OAR 735 064-0070 by deleting the sections concerning the process for obtaining an IID medical exemption and to clarify current requirements related to issuance of a hardship, probationary and hardship/probationary permit when the person must have an IID. DMV also proposes to adopt a new rule, OAR 735-070-0082, to clarify in more detail the process for obtaining an IID medical exemption, including submission of a form completed by the applicant and the applicant’s physician or health care provider, and clarifying the criteria for determining if the person qualifies for an IID medical exemption. It also differentiates between a DMV issued IID medical exemption and one issued by the court.

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

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171


Rule Caption: Drug and Alcohol test — Report of Positive Result, Entry to Employment Driving Record, Hearing Request

Stat. Auth.: ORS 184.616, 184.619, 802.010, 825.412 & OL 2013 ch. 163

Stats. Implemented: ORS 825.410, 825.412 & OL 2013 ch. 163

Proposed Amendments: 735-070-0185, 735-070-0190

Last Date for Comment: 11-21-13

Summary: Under Oregon Law 2013, Chapter 163 (SB 193) a school transportation provider must have an in-house drug and alcohol testing program, or be a member of a consortium that provides drug and alcohol testing that meets federal standards. A medical review officer of a school transportation provider’s testing program must report a positive drug or alcohol test to DMV. DMV will notify a person who is the subject of such a report that he or she has the right to request a hearing. If the person does not request a hearing or if the hearing results in a finding that the test report was valid, the positive test will be noted on the person’s employment driving record. DMV has existing rules that outline the reporting requirements and the process for requesting a hearing for motor carrier drug and alcohol programs. DMV will use the same process for school transportation provider reports and requests for hearing, and proposes to amend OAR 735-070-0185 and 735-070-0190 to include Chapter 163 Oregon Laws 2013 in the existing rules.

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

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171


Rule Caption: Driver Improvement Offenses

Stat. Auth.: ORS 184.616, 184.619, 802.010 and 809.480

Stats. Implemented: ORS 809.480

Proposed Amendments: 735-072-0035

Last Date for Comment: 11-21-13

Summary: ORS 809.480 authorizes the Oregon Department of Transportation, Driver and Motor Vehicle Services Division (DMV) to establish by administrative rule a Driver Improvement Program with the goal of reducing traffic convictions and especially accidents. The Driver Improvement Program uses two specific lists of traffic offenses under separate rules to determine whether a person meets the criteria for a restriction or suspension of driving privileges. OAR 735-072-0035 lists those traffic offenses, and requires five convictions to count as one driver improvement violation.

   Chapter 361, Oregon Laws 2013 (Senate Bill 444) creates a new traffic offense to add to OAR 735-072-0035. The offense is smoking in a motor vehicle while a person under 18 years of age is in the motor vehicle. This proposed rulemaking adds this offense to the list of offenses in OAR 735-072-0035.

   The only other changes to the rule are to replace references to 2011 laws with statute citation now that the laws are codified.

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

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171


Rule Caption: Implements 2013 Legislation; Amends Rules Relating to Vehicle Dealers and Vehicle Dismantlers

Stat. Auth.: ORS 184.616, 184.612, 802.010, 822.035, 822.040, 822.084 and Ch. 372 OL 2013

Stats. Implemented: ORS 822.084, 822.700, Ch. 372, & OL 2013

Proposed Amendments: 735-150-0045, 735-150-0105, 735-152-0037

Last Date for Comment: 11-21-13

Summary: This rulemaking is needed to implement legislation enacted by the 2013 Legislative Assembly.

   Chapter 372, Oregon Laws 2013:

   Section 1 of the Act repeals DMV’s authority under ORS 822.084 to establish (by rule) a fee schedule for a recreational vehicle (RV) show license.

   Section 2 amends ORS 822.700 in part to establish - for a certified vehicle dealer and certified dismantler - a late payment charge for the late renewal of 1) a certificate; 2) a duplicate certificate; 3) or issuance of a certificate for a supplemental a business location.

   Consequently, DMV is amending the following rules:

   1. OAR 735-150-0045(6) to remove reference to the RV show license fee. The fee is now established under ORS 822.700.

   2. OAR 735-150-0105 and 735-152-0037 to remove reference to the fees for the late renewal of a vehicle dealer certificate and the late renewal of dismantler certificate. Those fees are now established under ORS 822.700.

   Other non-substantive changes address consistency.

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

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171


Department of Transportation, Highway Division, Chapter 734

Rule Caption: Establishment of Speed Limits on Interstate Highways (Except Variable Speed Zones, see OAR 734-020-0018)

Stat. Auth.: ORS 184.616, 184.619, 810-010, 810.180, Ch. 819 OL 2003

Stats. Implemented: ORS 810.180, Ch 819 OL 2013

Proposed Amendments: 734-020-0010

Last Date for Comment: 11-21-13

Summary: ORS 810.180 authorizes the Department of Transportation to conduct speed zone investigations and set speeds on most public roads, including interstate highways. As amended, 734-020-0010 will allow for making small changes to the locations of boundaries of current speeds (i.e. 55 mph and 60 mph sections) and to streamline the process for establishing new designations of lower speeds to improve safety. The process for increasing speed limits on the Interstate would remain the same.

   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


Department of Transportation, Motor Carrier Transportation Division, Chapter 740

Rule Caption: Annual re-adoption of IRP, HVUT and IFTA regulations

Stat. Auth.: ORS 184.616, 184.619, 823.011 & 826.003

Stats. Implemented: ORS 803.370(5), 825.490, 825.494, 825.555, 826.005 & 826.007

Proposed Amendments: 740-200-0010, 740-200-0020, 740-200-0040

Last Date for Comment: 11-21-13

Summary: The proposed amendment constitutes an adoption of the rules of the International Registration Plan (IRP) to the date of January 1, 2014. Title 26 Code of Federal Regulations Part 41 (HVUT) requires the State to confirm proof of payment of the tax, and require proof of payment by the State as a condition of issuing a registration for a highway motor vehicle. The amendment of OAR 740-200-0020 adopts HVUT and amendments with the effective date of January 1, 2014, and ensures Oregon remains current with national commercial motor vehicle registration standards. International Fuel Tax Agreement (IFTA) and associated material are applicable to Oregon-based motor carriers who participate in IFTA as a way to report and pay fuel tax to other jurisdictions. The revision to OAR 740-200-0040 adopts the most recent version of IFTA and associated material as the procedures and guidelines for Oregon-based IFTA participants with the effective date of January 1, 2014 to ensure Oregon remains current with the international IFTA standards.

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

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171


Department of Transportation, Rail Division, Chapter 741

Rule Caption: Notification of Sale of Public Real Property Near Rail Infrastructure

Stat. Auth.: ORS 184.616, 184.619, 823.011, 271.310

Stats. Implemented: ORS 271.310

Proposed Amendments: 741-040-0040

Last Date for Comment: 11-21-13

Summary: Passage of SB 810 necessitates an amendment to this OAR. Section 32 of SB 810 eases the requirements for notification to private providers of rail service when nearby public property is to be sold, exchanged or conveyed by excluding transactions where the proposed sale is to a provider of rail service or when the transaction involves the sale, exchange or conveyance of easements.

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

Telephone: (503) 986-3171


Land Conservation and Development Department, Chapter 660

Rule Caption: Minor and technical changes to conform to recent legislation regarding agriculture and forest land

Date:   Time:   Location:

11-15-13    8:30 a.m.   Port of Tillamook      6018 Hangar Rd.       Tillamook OR 97141

Hearing Officer: LCDC

Stat. Auth.: ORS 197.040, 197 & 215

Other Auth.: Statewide planning goals (OAR 660, div. 015)

Stats. Implemented: ORS 197 & 215

Proposed Amendments: 660-033-0030, 660-033-0120, 660-033-0130, 660-033-0140, 660-006-0025, 660-006-0026, 660-006-0055

Last Date for Comment: 11-5-13

Summary: The proposed amendments will modify rules to make minor and technical changes to conform to recent legislation and to correct references.

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 definition of compensation.

Stat. Auth.: ORS 183.325–183.410, 670.310 & 671.670

Stats. Implemented: ORS 671.510–671.720

Proposed Amendments: 808-002-0240

Last Date for Comment: 11-22-13, Close of Business

Summary: Clarifies compensation also includes value received, profit from the sale or lease of property where landscaping work was part of developing the property, and salary or wages where the employee’s duties included landscaping work.

Rules Coordinator: Kim Gladwill-Rowley

Address: Landscape Contractors Board, 2111 Front Street NE, Suite 2-101, Salem, OR 97301

Telephone: (503) 967-6291, ext. 223


Oregon Business Development Department, Chapter 123

Rule Caption: This filing amends the rules for the Industry Competitiveness Fund.

Stat. Auth.: ORS 285A.075(5) & 285A.110

Stats. Implemented: ORS 285B.286 & 285B.290

Proposed Adoptions: 123-095-0035

Proposed Amendments: 123-095-0000, 123-095-0010, 123-095-0030, 123-095-0040

Proposed Repeals: 123-095-0020

Last Date for Comment: 11-22-13, 5 p.m.

Summary: These amendments expands entities eligible to receive grants and loans from the Fund, clarifies criteria for approving awards and clarifies contract requirements.

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 eligibility for regional educational services for children with disabilities.

Date:   Time:   Location:

11-22-13    9 a.m.   251A, 255 Capitol St. NE      Salem, OR 97310

Hearing Officer: Cindy Hunt

Stat. Auth.: ORS 343.236

Stats. Implemented: ORS 343.236

Proposed Amendments: 581-015-2550

Last Date for Comment: 11-22-13, 5 p.m.

Summary: Allows more children with orthopedic impairments to be eligible for regional education services by removing requirement that child must be severely orthopedically impaired.

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


Rule Caption: Modifies rules relating to regional educational program for children with disabilities

Date:   Time:   Location:

11-22-13    9 a.m.   251A, 255 Capitol St. NE      Salem, OR 97310

Hearing Officer: Cindy Hunt

Stat. Auth.: ORS 343.236

Stats. Implemented: ORS 343.236

Proposed Amendments: 581-015-2540, 581-015-2555

Last Date for Comment: 11-22-13, 5 p.m.

Summary: Allows more children with orthopedic impairments to be eligible for regional educational services by removing requirement that child must be severely orthopedically impaired.

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


Rule Caption: Strategic Investments-Guiding Principles

Date:   Time:   Location:

11-22-13    9 a.m.   251A, 255 Capitol St. NE      Salem, OR

Hearing Officer: Cindy Hunt

Stat. Auth.: Section 1, chapter 660, Oregon Laws 2013 (Enrolled House Bill 3232)

Stats. Implemented: Section 1, chapter 660, Oregon Laws 2013 (Enrolled House Bill 3232)

Proposed Adoptions: 581-017-0005, 581-017-0010, 581-017-0020

Last Date for Comment: 11-22-13, 5 p.m.

Summary: These rules establish common definitions to be used for grant programs established to implement three strategic investments in the provision of HB 3232: Oregon Early Reading Program, Guidance and Support for Postsecondary Aspirations Program and Connecting to the World of Work.

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


Rule Caption: Expanded reading opportunities grant.

Date:   Time:   Location:

11-22-13    9 a.m.   251A, 255 Capitol St. NE      Salem, OR 97310

Hearing Officer: Cindy Hunt

Stat. Auth.: Section 1, chapter 660, Oregon Laws 2013 (Enrolled House Bill 3232)

Stats. Implemented: Section 1, chapter 660, Oregon Laws 2013 (Enrolled House Bill 3232)

Proposed Adoptions: 581-017-0100, 581-017-0105, 581-017-0110, 581-017-0115

Last Date for Comment: 11-22-13, 5 p.m.

Summary: The rules establish the Expanded Reading Opportunities Grant. These grants are designated for focus and priority schools that serve students in grade kindergarten through 3.

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


Rule Caption: Network for Quality Teaching and Learning Guiding Principles

Date:   Time:   Location:

11-22-13    9 a.m.   251A, 255 Capitol St. NE      Salem, OR 97310

Hearing Officer: Cindy Hunt

Stat. Auth.: Section 1, chapter 661, Oregon Laws 2013 (Enrolled House Bill 3233)

Stats. Implemented: Section 1, chapter 661, Oregon Laws 2013 (Enrolled House Bill 3233)

Proposed Adoptions: 581-018-0005, 581-018-0010, 581-018-0020

Last Date for Comment: 11-22-13, 5 p.m.

Summary: The rules establish common definition to be used for grant programs established as part of the Network of Quality Teaching and Learning in HB 3233.

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


Rule Caption: Modifies school district collaboration grant rules

Date:   Time:   Location:

11-22-13    9 a.m.   251A, 255 Capitol St. NE      Salem, OR 97310

Hearing Officer: Cindy Hunt

Stat. Auth.: ORS 329.838

Stats. Implemented: ORS 329.838

Proposed Adoptions: 581-018-0100, 581-018-0105, 581-018-0110, 581-018-0115, 581-018-0120, 581-018-0125

Last Date for Comment: 11-22-13, 5 p.m.

Summary: The rules implement the collaborating grant as part of the Network on Quality Teaching and Learning established by HB 3233. The rules specify eligibility, award criteria, funding amounts and reporting.

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


Rule Caption: Establishes Dual Language/Two-Way Bilingual Grant program for school districts.

Date:   Time:   Location:

11-22-13    9 a.m.   251A, 255 Capitol St. NE      Salem, OR 97310

Hearing Officer: Cindy Hunt

Stat. Auth.: Section 1, chapter 661, Oregon Laws 2013 (Enrolled House Bill 3233)

Stats. Implemented: Section 1, chapter 661, Oregon Laws 2013 (Enrolled House Bill 3233)

Proposed Adoptions: 581-018-0200, 581-018-0205, 581-018-0210, 581-018-0215, 581-018-0220, 581-018-0225

Last Date for Comment: 11-22-13, 5 p.m.

Summary: The rules establish the Dual language/Two way bilingual grant program for school districts as part of the Network of Quality Teaching and Learning established under HB 3233.

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


Rule Caption: Establishes Closing Achievement Gap for African American Students Grant.

Date:   Time:   Location:

11-22-13    9 a.m.   251A, 255 Capitol St. NE      Salem, OR 97310

Hearing Officer: Cindy Hunt

Stat. Auth.: Section 1, chapter 661, Oregon Laws 2013 (Enrolled House Bill 3233)

Stats. Implemented: Section 1, chapter 661, Oregon Laws 2013 (Enrolled House Bill 3233)

Proposed Adoptions: 581-018-0300, 581-018-0305, 581-018-0310, 581-018-0315, 581-018-0320, 581-018-0325

Last Date for Comment: 11-22-13, 5 p.m.

Summary: Establishes the Closing the Achievement Gap for African American Students Grant Program for nonprofit organizations as part of the Network of Quality and Teaching and Learning. Specifies criteria, purpose and reporting.

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


Rule Caption: School District Continuous Improvement Plans

Date:   Time:   Location:

11-22-13    9 a.m.   251A, 255 Capitol St. NE      Salem, OR

Hearing Officer: Cindy Hunt

Stat. Auth.: ORS 326.051 & 329.075

Stats. Implemented: ORS 326.051 & 329.075

Proposed Ren. & Amends: 581-022-0606 to 581-022-2250

Last Date for Comment: 11-22-13, 5 p.m.

Summary: The rule amendments change the frequency of the submission of district improvement plans. The amendments direct districts to submit once every three years unless there are substantial changes to the districts. The rules also add library plans to the goals.

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


Rule Caption: Restraint and Seclusion of students in public education programs

Date:   Time:   Location:

11-22-13    9 a.m.   251A, 255 Capitol St. NE      Salem, OR 97310

Hearing Officer: Cindy Hunt

Stat. Auth.: ORS 326.051

Stats. Implemented: Chapter 665, Oregon Laws 2011 (Enrolled House Bill 2939) & Section 2, chapter 650, Oregon Laws 2013 (Enrolled House Bill 2585); Chapter 665, Oregon Laws 2011 (Enrolled House Bill 2939) & Section 1, chapter 30, Oregon Laws 2013 (Enrolled House Bill 2756)

Proposed Adoptions: 581-021-0568, 581-021-0569, 581-021-0570

Proposed Amendments: 581-021-0550, 581-021-0553, 581-021-0556, 581-021-0559, 581-021-0563, 581-021-0566

Last Date for Comment: 11-22-13, 5 p.m.

Summary: These rules implement legislation adopted by the 2013 legislature:

   The rules prohibit public education programs from using seclusion cells.

   The rules establish standards for seclusion rooms used by public education programs.

   The rules establish a complaint procedure for individual or organizations relating to restraint and seclusion rules and statutes.

   The rules require data to be submitted to the Department of Education.

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


Rule Caption: Employment Related Transition Services for transition age students.

Date:   Time:   Location:

11-22-13    9 a.m.   251A, 255 Capitol St. NE      Salem, OR 97310

Hearing Officer: Cindy Hunt

Stat. Auth.: ORS 343.041, 343.045 & 343.055

Stats. Implemented: ORS 343.041, 343.045 & 343.055

Proposed Adoptions: 581-015-2930

Proposed Amendments: 581-015-2000, 581-015-2245

Last Date for Comment: 11-22-13, 5 p.m.

Summary: The rule implements the polices described in Executive Order 13-04 related to the Department of Education’s involvement with integrated employment services. The rule directs the Department to establish the Statewide Transition Assistance Network to provide services related to employment related transition services for transition age students.

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


Rule Caption: Public charter school renewal process

Date:   Time:   Location:

11-22-13    9 a.m.   251A, 255 Capitol St. NE      Salem, OR 97310

Hearing Officer: Cindy Hunt

Stat. Auth.: ORS 338.025

Stats. Implemented: ORS 338.065

Proposed Amendments: 581-020-0359

Last Date for Comment: 11-22-13, 5 p.m.

Summary: Modifies renewal timeline to conform with recent legislation. Directs that charter remains effective until new charter is negotiated.

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


Rule Caption: Modifies small school weighting for purposes of State School Fund calculations.

Stat. Auth.: ORS 327.125

Stats. Implemented: ORS 327.077 & 327.125

Proposed Amendments: 581-023-0015

Last Date for Comment: 11-22-13, 5 p.m.

Summary: Modifies rule relating to small school weighting for purposes of State School Fund calculation. Rule amendment clarifies that there is remote small elementary school weighting and small high school weighting for State School Fund calculation. Implements SB 453 (2011).

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


Oregon Department of Education, Early Learning Division, Chapter 414

Rule Caption: Procedure for rule adoption by Early Learning Council

Date:   Time:   Location:

11-22-13    9 a.m.   Rm. 251A, 255 Capital St.      Salem, OR 97310

Hearing Officer: Cindy Hunt

Stat. Auth.: ORS 183.335, 183.341

Stats. Implemented: ORS 183.335, 181.341

Proposed Adoptions: 414-002-0005, 414-002-0010

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

Summary: The rules establish the notice requirements for adoption of rules for the Early Learning Council (ELC). The rules adopted the Attorney General’s model rules of procedure to govern rule adoptions.

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


Rule Caption: Establishes purpose and function of Early Learning Hubs and selection criteria for Hubs

Date:   Time:   Location:

11-19-13    6:30 p.m.   Bend LaPine SD      520 NW Wall St,       Bend, OR

12-2-13   6:30 p.m.   Cleveland High School      3400 SE 26th Ave,       Portland, OR

Hearing Officer: Heidi McGowan

Stat. Auth.: Sect. 4, Ch. 519, Oregon Laws 2011

Stats. Implemented: Sect. 16, Ch. ___, Oregon Laws 2013 (Enrolled House Bill 2013)

Proposed Adoptions: 414-900-0005, 414-900-0010, 414-900-0015, 414-900-0020

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

Summary: The rules establish the early learning hubs to coordinate services for children ages zero through six in specific geographic areas or communities of interest. The rules specify functions, reporting and selection criteria for hubs.

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


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

Rule Caption: Statewide CHIP funded CAWEM prenatal program

Date:   Time:   Location:

11-15-13    10:30 a.m.   500 Summer St NE Rm. 137C      Salem, OR 97301

Hearing Officer: Cheryl Peters

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 414.025, 414.065

Proposed Amendments: 410-120-0030

Last Date for Comment: 11-18-13, 5 p.m.

Summary: The General Rules program administrative rules govern Division payments for services to clients. The Division needs to amend 410-120-0030 to include coverage statewide. The Division will amend this rule to include coverage for prenatal care; retroactive to October 1, 2013.

Rules Coordinator: Cheryl Peters

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

Telephone: (503) 945-6527


Rule Caption: Expand age for varnish in medical setting and update language for dental integration

Date:   Time:   Location:

11-15-13    10:30 a.m.   500 Summer St NE, Rm. 137C      Salem, OR 97301

Hearing Officer: Cheryl Peters

Stat. Auth.: ORS 413.042, 414.065

Stats. Implemented: ORS 414.065

Proposed Amendments: 410-123-1260

Last Date for Comment: 11-18-13, 5 p.m.

Summary: Revises language based on Health Evidence Review Commission’s Prioritized List changes for October 1, 2013. Clarifies billing to avoid ambiguity regarding the responsibility of Coordinated Care Organizations (CCO).

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, Oregon Educators Benefit Board, Chapter 111

Rule Caption: Amendments made to implement new groups that are newly eligible due to House Bill 2279

Date:   Time:   Location:

11-20-13    10 a.m.   PEBB/OEBB Boardroom      1225 Ferry Street SE.      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: 11-30-13

Summary: With the passage of House Bill 2279, new groups have the option of joining the Oregon Educators Benefit Board (OEBB). The amendments to Division 10 provide language for the implementation of new groups under House Bill 2279. In addition, an amendment is made related to the Affordable Care Act and new federal requirements related to Health Reimbursement Arrangements (HRAs).

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: Amendments made to implement new groups that are newly eligible due to House Bill 2279

Date:   Time:   Location:

11-20-13    10 a.m.   PEBB/OEBB Boardroom      1225 Ferry Street SE.      Salem, OR 97301

Hearing Officer: OEBB Staff

Stat. Auth.: ORS 243.860–243.886

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

Proposed Adoptions: 111-020-0010

Proposed Amendments: 111-020-0001, 111-020-0005

Last Date for Comment: 11-30-13

Summary: With the passage of House Bill 2279, new groups have the option of joining the Oregon Educators Benefit Board (OEBB). The amendments to Division 20 provide language for the implementation of new groups under House Bill 2279.

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: Amendments made to implement new groups that are newly eligible due to House Bill 2279

Date:   Time:   Location:

11-20-13    10 a.m.   PEBB/OEBB Boardroom      1225 Ferry Street SE.      Salem, OR 97301

Hearing Officer: OEBB Staff

Stat. Auth.: ORS 243.860–243.886

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

Proposed Amendments: 111-030-0050

Last Date for Comment: 11-30-13

Summary: With the passage of House Bill 2279, new groups have the option of joining the Oregon Educators Benefit Board (OEBB). The amendments to Division 30 provide language for the implementation of new groups under House Bill 2279.

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: Procedures and criteria for the certification, suspension and decertification of school-based health centers

Date:   Time:   Location:

11-19-13    1 p.m.   Portland State Office Bldg.      800 NE Oregon St. Rm. 221      Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: OL 2013, ch. 683

Stats. Implemented: OL 2013, ch. 683

Proposed Adoptions: 333-028-0200, 333-028-0210, 333-028-0220, 333-028-0230, 333-028-0240, 333-028-0250

Last Date for Comment: 11-22-13 5 p.m.

Summary: The Oregon Health Authority, Public Health Division is proposing to permanently adopt rules pertaining to the procedures and criteria for the certification, suspension and decertification of school-based health centers (SBHCs) as mandated by the passage of House Bill 2445 (OL 2013, ch. 683) by the 2013 Legislature. The proposed rules are intended to fulfill the mandates by prescribing certification requirements used for clinics to qualify as SBHCs, the reporting requirements for SBHCs, and the process to become a certified SBHC.

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: Edits, amendments, and adoption of rules related to Radiation Protection Services

Date:   Time:   Location:

11-20-13    9 a.m.   Portland State Office Bldg.      800 NE Oregon St. Rm. 918      Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 413.042, 431.925–431.955, 453.605–453.807, & Oregon Laws 2013, chapter 411

Other Auth.: Nuclear Regulatory Commission’s 10 CFR Parts 1–50, Food & Drugs CFR Title 21, Part 900, & Oregon Laws 2013, , Chapter 137

Stats. Implemented: ORS 431.925–431.955, 453.605–453.807, & Oregon Laws 2013, chapter 411

Proposed Adoptions: 333-106-0735

Proposed Amendments: 333-116-0660, 333-116-0680, 333-116-0683, 333-116-0687, 333-116-0690, 333-116-0700, 333-116-0715, 333-118-0040, 333-119-0010, 333-119-0090, 333-119-0110

Last Date for Comment: 11-22-13 5 p.m.

Summary: The Oregon Health Authority, Public Health Division, Center for Health Protection is proposing to permanently amend and adopt Oregon Administrative Rules related to the programs within the Radiation Protection Services.

   The Radiation Materials Licensing program is proposing to amend rules to comply with the Nuclear Regulatory Commission’s (NRC) 10 CFR Parts 1-50 by correcting rule cross referencing pertaining to the training requirements for the medical use of radioactive materials. OAR 333-118-0040 is being revised to correct an omission within the rule allowing physicians to transport radioactive materials. Proposed rule amendments do not impact current practices, but provides for clarity regarding rule referencing.

   The X-ray program is adopting rules relating to the passage of Senate Bill 420 by the 2013 Legislative Assembly which requires facilities that perform mammography to notify the patient and healthcare provider if results identify the presence of dense breast tissue and to inform the patient of the possibility of unrecognized breast cancer. The proposed rule also recommends the appropriateness of supplemental testing.

   The Tanning program is adopting rules relating to the passage of House Bill 2896 by the 2013 Legislative Assembly. House Bill 2896 prohibits tanning facilities from allowing a person who is under 18 years of age to use a tanning device owned or operated by the facility except as directed by a licensed physician and to post a notice in a conspicuous space that communicates that persons under the age of 18 are not allowed to use a tanning device.

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: Vital records modernization

Date:   Time:   Location:

11-19-13    10 a.m.   800 NE Oregon St., Rm. 1C,      Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 432.005, 432.010, 432.015, 432.030, 432.035, 432.115, 432.121, 432.140, 432.142, 432.146, 432.180, 432.206, 432.230, 432.235, 432.266, 432.287, 432.289, 432.307, 432.317, 432.327, 432.333, 432.337, 432.405, 432.408, 432.430, 441.750, OL 2013, ch. 366

Stats. Implemented: ORS 432.005, 432.010, 432.030, 432.035, 432.115, 432.121, 432.140, 432.142, 432.146, 432.180, 432.206, 432.230, 432.235, 432.266, 432.287, 432.289, 432.307, 432.317, 432.327, 432.333, 432.337, 432.405, 432.408, 432.430, 441.750, OL 2013, ch. 366

Proposed Adoptions: 333-011-0205, 333-011-0210, 333-011-0215, 333-011-0220, 333-011-0225, 333-011-0230, 333-011-0235, 333-011-0240, 333-011-0245, 333-011-0250, 333-011-0255, 333-011-0260, 333-011-0265, 333-011-0270, 333-011-0280, 333-011-0285, 333-011-0300, 333-011-0305, 333-011-0310, 333-011-0320, 333-011-0325, 333-011-0330

Proposed Repeals: 333-011-0006, 333-011-0011, 333-011-0016, 333-011-0021, 333-011-0043, 333-011-0048, 333-011-0061, 333-011-0067, 333-011-0072, 333-011-0073, 333-011-0096, 333-011-0116, 333-011-0155

Proposed Ren. & Amends: 333-011-0047 to 333-011-0275, 333-011-0076 to 333-011-0295, 333-011-0101 to 333-011-0335, 333-011-0106 to 333-011-0340, 333-011-0110 to 333-011-0315, 333-011-0200 to 333-011-0290

Last Date for Comment: 11-22-13, 5 p.m.

Summary: The Oregon Health Authority, Public Health Division is proposing to permanently amend rules in chapter 333, division 11 pertaining to vital records. The rules are being revised to align with House Bill 2093 (Oregon Laws 2013, chapter 366), the vital records modernization bill, passed by the Oregon legislature in June 2013. House Bill 2093 reorganized and updated Oregon vital records and vital statistics law. The reorganization and modernization of the law was based on a model law that was written between 2009 and 2011 by the National Center for Health Statistics in collaboration with the National Association for Public Health Statistics and Information Systems. The last model law was in 1992, and Oregon implemented that model in 1997. House Bill 2093 updated laws to account for changes in technology, security and parentage.

   The new law takes effect January 1, 2014 and requires additional rules as well as updates to current rules. The subjects of the rules includes reports of live birth, reports of death, reports of fetal death, marriages, Oregon registered domestic partnerships, dissolutions of marriage or domestic partnerships, amendments of records, and county vital records offices. The goal of these rules is to implement the new laws.

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: New definitions and new disease reporting requirements

Date:   Time:   Location:

11-22-13    1 p.m.   Portland State Office Bldg.      800 NE Oregon St. Rm. 1A      Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 413.042, 431.110, 431.120, 433.001, 433.004, 433.006, 433.010, 433.045–433.080, 433.329, 433.332, 437.010, 438.450, 459.395, 459.400, 616.010, 616.745, 616.750, 624.005 & 624.080

Other Auth.: Oregon Laws 2013, chapter 109

Stats. Implemented: ORS 431.110, 433.001, 433.004, 433.006, 433.010, 433.065, 433.106, 433.110, 433.260, 433.273, 433.360, 433.407, 433.411, 433.419, 437.010, 437.030, 438.310, 442.015, 443.400, 443.705, 443.850, 459.395, 459.400, 616.745 & 624.380

Proposed Adoptions: 333-019-0052, 333-056-0045

Proposed Amendments: 333-017-0000, 333-018-0005, 333-018-0010, 333-018-0015, 333-018-0018, 333-018-0020, 333-018-0035, 333-019-0010, 333-019-0014, 333-019-0031, 333-056-0020, 333-056-0030, 333-056-0040, 333-056-0050

Proposed Repeals: 333-019-0046

Last Date for Comment: 11-22-13, 5 p.m.

Summary: The Oregon Health Authority, Public Health Division is proposing to permanently amend, adopt and repeal rules in chapter 333, divisions 17, 18, 19 and 56 relating to reportable diseases and infectious waste. The proposed changes will: add clarifying language regarding definitions in division 17; add Vibrio spp, Grimontia spp, and nontuberculous mycobacteria (NTM) to the list of reportable diseases in division 18; simplify Typhoid restrictions, add mumps to imposition of restrictions, and adopt a new rule regarding communication during patient transfer of multidrug-resistant organisms in division 19; and adopt a rule in division 56 to implement HB 2612 (Oregon Laws 2013, chapter 109), which entitles post-partum mothers, or their designees if they are incapacitated, to take their placentas with them after discharge from the health care facility wherein the mother had given birth if certain criteria are met.

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: Health Care Acquired Infection Reporting and Public Disclosure

Date:   Time:   Location:

11-21-13    1 p.m.   Portland State Office Bldg.      800 NE Oregon St., Rm. 1B      Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 442.420, 442.445 & OL 2007, Ch. 838 ¦ 1-6 & 12

Other Auth.: Oregon Laws 2013, chapter 61

Stats. Implemented: ORS 179.505, 192.243, 192.245, 192.410, 192.496, 192.502, 441.015, 442.011, 442.400, 442.405, 442.445 & OL 2007, Ch. 838 ¦ 1-6 &12

Proposed Ren. & Amends: 409-023-0000 to 333-018-0100, 409-023-0005 to 333-018-0105, 409-023-0010 to 333-018-0110, 409-023-0012 to 333-018-0115, 409-023-0013 to 333-018-0120, 409-023-0015 to 333-018-0125, 409-023-0020 to 333-018-0130, 409-023-0025 to 333-018-0135, 409-023-0030 to 333-018-0140, 409-023-0035 to 333-018-0145

Last Date for Comment: 11-22-13, 5 p.m.

Summary: The Oregon Health Authority, Public Health Division is proposing to permanently amend and renumber OAR 409-023-0000 through 409-023-0035 to 333-018-0100 through 333-018-0145 pertaining to health care acquired infection reporting and public disclosure. The HAI Reporting Program used to be housed in the Office for Oregon Health Policy and Research (chapter 409) but has since been moved to the Public Health Division (chapter 333). HB 2094, passed during the 2013 legislative session, was a technical fix bill for the Public Health Division and one of the provisions of the bill was to amend statutes regarding the HAI Reporting Program to reference the Oregon Health Authority instead of the Office for Oregon Health Policy and Research. The renumbering of the rules from chapter 409 to chapter 333 is a result of this legislative change. Other minor housekeeping amendments are also being made to the rules.

   In addition, the proposed amendments update references and add two new health care acquired infections (HAIs) to the list of reportable conditions — namely, catheter-associated urinary tract infections (CAUTIs) and methicillin-resistant Staphylococcus aureus infections (MRSAs) as defined in the National Healthcare Safety Network (NHSN) Manual.

Rules Coordinator: Brittany Sande

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

Telephone: (971) 673-1291


Oregon Health Licensing Agency, Chapter 331

Rule Caption: Align earlobe piercing rules with changes from SB 107 and make general amendments to rules.

Date:   Time:   Location:

11-21-13    11 a.m.   Oregon Health Licensing Agency       Rhoades Conference Rm.      700 Summer St NE, Suite 320      Salem, OR 97301-1287

Hearing Officer: Samantha Patnode

Stat. Auth.: OL 2013, Ch. 82, ORS 676.607, 676.615, 690.405

Stats. Implemented: OL 2013, Ch. 82, ORS 676.607, 690.350, 690.385, 690.405

Proposed Adoptions: 331-900-0077

Proposed Amendments: 331-900-0010, 331-900-0015, 331-900-0020, 331-900-0040, 331-900-0050, 331-900-0060, 331-900-0085, 331-900-0090, 331-900-0095, 331-900-0097, 331-900-0098, 331-900-0099, 331-900-0115, 331-905-0020, 331-905-0030, 331-905-0052, 331-905-0058, 331-905-0095, 331-910-0005, 331-910-0010, 331-910-0055, 331-910-0060, 331-915-0020, 331-915-0030, 331-915-0035, 331-915-0065, 331-915-0070, 331-915-0055, 331-915-0060, 331-915-0070, 331-925-0050, 331-940-0000, 331-950-0040

Last Date for Comment: 11-28-13, 5 p.m.

Summary: Passage of SB 107 by the 2013 Legislature created an earlobe piercing field of practice to the Board of Body Art Practitioners. Currently an individual can obtain a temporary earlobe piercing license which is valid for 2 years and cannot be renewed. The proposed rules establish application and renewal requirements to obtain a permanent earlobe piercing license. Individuals who currently hold a temporary earlobe piercing license will not be required to retake the board approved examination.

   Amendments include general housekeeping and alignment with current agency standards related to continuing education.

   The proposed amendments clarify application requirements for specialty genital piercing for individual licensed prior to January 1, 2012.

   Changes streamline written examination requirements for tattooing.

Rules Coordinator: Samantha Patnode

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

Telephone: (503) 373-1917


Rule Caption: Implement changes from SB 107 related polysomnography and align with agency standards.

Date:   Time:   Location:

11-21-13    9 a.m.   Oregon Health Licensing Agency       Rhoades Conference Rm.      700 Summer Street NE, Suite 320,       Salem, Oregon 97301

Hearing Officer: Samantha Patnode

Stat. Auth.: Ch.82 2013 Laws, ORS 676.607, 676.615, 688.819

Stats. Implemented: Ch.82 2013 Laws, ORS 688.815, 688.819

Proposed Amendments: 331-710-0050, 331-710-0060, 331-710-0070, 331-710-0080, 331-710-0090, 331-710-0100, 331-710-0110, 331-720-0010, 331-720-0015, 331-720-0020

Last Date for Comment: 11-28-13, 5 p.m.

Summary: Amend current administrative rules to recognize on the job training as a pathway for licensure as a polysomnographic technologist. As a newly regulated profession polysomnography many individuals received on-the-job training rather than post-secondary education. The proposed amendment allows on the job training to requirements to licensure in lieu of education.

   Align continuing education rules with current agency standards.

Rules Coordinator: Samantha Patnode

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

Telephone: (503) 373-1917


Oregon Health Licensing Agency, Board of Cosmetology, Chapter 817

Rule Caption: General administrative rule clean-up, requirements for natural hair care and align exemptions with statutory requirements.

Date:   Time:   Location:

11-21-13    1 p.m.   Oregon Health Licensing Agency      Rhoades Conference Rm.      700 Summer St., Suite 320      Salem, OR 97301

Hearing Officer: Samantha Patnode

Stat. Auth.: 2013 OL Ch. 314, Ch. 290, Ch. 188, ORS 676.607, 676.615, 690.055, 690.105 & 690.123

Stats. Implemented: 2013 OL Ch. 314, Ch. 290, Ch. 188, ORS 690.025, 690.046, 690.055, 690.105, 690.123 & 690.165

Proposed Adoptions: 817-020-0325, 817-020-0350, 817-030-0028, 817-035-0093, 817-035-0095

Proposed Amendments: 817-005-0005, 817-010-0007, 817-010-0014, 817-010-0021, 817-010-0035, 817-010-0040, 817-010-0055, 817-010-0060, 817-010-0065, 817-010-0068, 817-010-0069, 817-010-0075, 817-010-0085, 817-010-0095, 817-010-0101, 817-010-0106, 817-010-0110, 817-015-0030, 817-015-0065, 817-020-0001, 817-020-0006, 817-020-0007, 817-020-0009, 817-020-0305, 817-030-0003, 817-030-0005, 817-030-0030, 817-030-0065, 817-030-0071, 817-030-0080, 817-035-0010, 817-035-0048, 817-035-0050, 817-035-0052, 817-035-0068, 817-035-0070, 817-035-0090, 817-035-0110, 817-060-0010, 817-060-0020, 817-060-0030, 817-060-0050, 817-090-0025, 817-090-0045, 817-090-0050, 817-090-0055, 817-090-0065, 817-090-0070, 817-090-0075, 817-090-0085, 817-090-0090, 817-090-0105, 817-090-0110, 817-090-0115, 817-100-0005, 817-120-0005

Proposed Repeals: 817-010-0009, 817-010-0300, 817-015-0010, 817-080-0005

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

Summary: Passage of HB 2101 by the 2013 Legislature enables the Oregon Health Licensing Agency (agency) to standardize authorization status for all agency programs and define “authorization” to be applied uniformly throughout agency statutes. Amendments were made to use the term “authorization” to mean certificate, license, registration, permit and freelance authorization when a rule is applicable to all of these authorization types.

   General amendments have been made to align with current statue, agency and statewide rulemaking standards and principles.

   Definitions have been further consolidated. Many definitions have been repealed and others where integrated into the relevant rule where the term is used.

   Repeal rules related to communicable and blood borne disease as it is unlawful under the American with Disabilities Act (ADA) for a state to prevent an individual from practicing cosmetology based on that individual’s communicable and blood borne disease status.

   Repeal rule which allows facilities to apply for a variance as it relates to safety and infection control rules. There is no statutory authority or agency process to accommodate this rule.

   Amend client record requirements to require applicable certificate holders to collect and maintain the client information.

   Revise rules related to requirements for facilities, independent contractors and freelance authorization holders to disclose information regarding Secretary of State Corporation Division business name and corporation requirements.

   Clarify rule regarding exemptions for persons working within licensed health care facility in accordance with ORS 690.025. Specify the services which are prohibited under the exemption including chemical services and requirements for obtaining a facility license when the exemption requirements are not met or the person no longer qualifies for the exemption.

   Adopt application requirements for individuals seeking a temporary facility permit or a demonstration permit.

   Passage of HB 3409 by 2013 Legislature created natural hair care as a new field of practice under the Board of Cosmetology. Adopt application requirements for individuals seeking natural hair care certification. Requirements include completion of the board approved information training modules and passage of an examination at no cost. Individuals seeking certification for natural hair care will be required to come to the Oregon Health Licensing Agency to review the training module and take the examination, in order to confirm the identity of the individual. The learning objectives within the information training modules relate to safety, infection control, business practices/standards and general information regarding the art of natural hair care. Individuals seeking reciprocity will also be required to the complete the information training module and pass the examination.

   Amend rule which prescribes renewal requirements. Clarify that an independent contractor registration and freelance authorization do not become invalid but instead become dormant.

   Require that facilities, independent contractors and freelance authorization holders post their most recent inspection certificate in public view.

   Repeal all exemptions under rule, with the exception of defining domestic administration. Passage of SB 836 by 2013 Legislature (Grimm Bill) further clarified those persons exempt from certification when temporary makeup and spraying and combing of hair is being done solely for a professional photograph or for theatrical purposes. The legislative change makes several rule exemptions no longer applicable.

Rules Coordinator: Samantha Patnode

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

Telephone: (503) 373-1917


Oregon Health Licensing Agency, Board of Direct Entry Midwifery, Chapter 332

Rule Caption: Align continuing education requirements with law regarding additional continuing education hours as a condition for renewal.

Date:   Time:   Location:

11-21-13    3 p.m.   Oregon Health Licensing Agency      Rhoades Conference Rm.       700 Summer St NE, Suite 320      Salem OR 97301

Hearing Officer: Samanthan Patnode

Stat. Auth.: ORS 676.606, 676.615, 687.425

Stats. Implemented: ORS 687.425

Proposed Amendments: 332-020-0010

Last Date for Comment: 11-28-13, 5 p.m.

Summary: Amend continuing education rule to align with the intent and scope of the law. Require that at the time of renewal a licensed direct entry midwife (LDM) provide the number of births performed during the previous renewal cycle. If that number is fewer than five, then the LDM must obtain 10 additional continuing education hours and attest to those hours on the next renewal cycle.

   See example below:

   The LDM becomes inactive on July 31, 2013 on the renewal the LDM shows that during the previous renewal cycle July 2013 through July 2013 only three births were performed. When the LDM renews the license in 2014 the LDM will be required to attest to having received the additional 10 hours of continuing education.

   Align other continuing education rules with current agency standards.

Rules Coordinator: Samantha Patnode

Address: Oregon Health Licensing Agency, Board of Direct Entry Midwifery, 700 Summer St. NE, Suite 320, Salem, OR 97301-1287

Telephone: (503) 373-1917


Oregon Housing and Community Services Department, Chapter 813

Rule Caption: Establishes the process for public contracts and procurements

Date:   Time:   Location:

12-2-13    10 a.m.   725 Summer St.       Conference Rm. 124A,      Salem, OR 97301

Hearing Officer: Sandy McDonnell

Stat. Auth.: ORS 90.800–90.840, 91.886, 317.097, 279A.025, 279A.065, 456.515–456.725 & 458.210–458.650

Stats. Implemented: ORS 90.800–90.840, 91.886, 279B, 317.097, 456.515–456.725, 307.651 & 458.005–458.740

Proposed Adoptions: 813-006-0040

Proposed Amendments: 813-006-0005, 813-006-0010, 813-006-0015, 813-006-0020, 813-006-0025, 813-006-0030, 813-006-0035

Proposed Repeals: 813-006-0005(T), 813-006-0010(T), 813-006-0015(T), 813-006-0020(T), 813-006-0025(T), 813-006-0030(T), 813-006-0035(T), 813-006-0040(T)

Last Date for Comment: 12-10-13, 5 p.m.

Summary: The rules establish the procedures for public contracts and procurements by the Department as well as its other contracting and procurement activities. The Department completed a significant reorganization as to how it solicits and administers funding awards for Department programs as part of the restructure. The rule changes are designed to reflect the significant reorganization of the Department.

Rules Coordinator: Sandy McDonnell

Address: Oregon Housing and Community Services Department, 725 Summer St. NE, Suite B, Salem, OR 97301

Telephone: (503) 986-2012


Rule Caption: Amends the process for soliciting and administering funding awards for the General Housing Account

Date:   Time:   Location:

12-2-13    10 a.m.   725 Summer St.       Conference Rm. 124A      Salem, OR 97301

Hearing Officer: Sandy McDonnell

Stat. Auth.: ORS 456.555, 458.665

Stats. Implemented: ORS 456.515–456.725, 458.665

Proposed Adoptions: 813-055-0065, 813-055-0095

Proposed Amendments: 813-055-0001, 813-055-0010, 813-055-0020, 813-055-0040, 813-055-0050, 813-055-0075, 813-055-0085, 813-055-0105, 813-055-0115

Proposed Repeals: 813-055-0060, 813-055-0100, 813-055-0110, 813-055-0001(T), 813-055-0010(T), 813-055-0020(T), 813-055-0040(T), 813-055-0050(T), 813-055-0065(T), 813-055-0075(T), 813-055-0085(T), 813-055-0095(T), 813-055-0105(T), 813-055,0115(T)

Last Date for Comment: 12-10-13, 5 p.m.

Summary: The General Housing Account carries out the allocation of monies deposited in the General Housing Account by meeting the critical housing needs, building the organizational capacity of affordable housing partners throughout the state, and requiring equitable distribution of resources over time based on objective measures of need. The department has completed a significant reorganization as to how it solicits and administers funding awards for this program. These rule changes are designed to reflect the significant reorganization of the department.

Rules Coordinator: Sandy McDonnell

Address: Oregon Housing and Community Services Department, 725 Summer St. NE, Suite B, Salem, OR 97301

Telephone: (503) 986-2012


Rule Caption: Amends the process for soliciting and administering funding awards for Oregon Affordable Housing Tax Credits

Date:   Time:   Location:

12-2-13    10 a.m.   725 Summer St.       Conference Rm. 124A      Salem, OR 97301

Hearing Officer: Sandy McDonnell

Stat. Auth.: ORS 317.097, 456.555

Stats. Implemented: ORS 317.097, 456.508, 456.510, 456.513, 456.559, 456.605, 456.625, 456.722

Proposed Adoptions: 813-110-0026, 813-110-0027, 813-110-0032, 813-110-0034, 813-110-0037, 813-110-0045

Proposed Amendments: 813-110-0005, 813-110-0010, 813-110-0015, 813-110-0020, 813-110-0021, 813-110-0022, 813-110-0025, 813-110-0030, 813-110-0035, 813-110-0040

Proposed Repeals: 813-110-0012, 813-110-0013, 813-110-0023, 813-110-0033, 813-110-0050, 813-110-0005(T), 813-110-0010(T), 813-110-0015(T), 813-110-0020(T), 813-110-0021(T), 813-110-0022(T), 813-110-0025(T), 813-110-0026(T), 813-110-0027(T), 813-110-0030(T), 813-110-0032(T), 813-110-0034(T), 813-110-0035(T), 813-110-0037(T), 813-110-0040T, 813-110-0045(T)

Last Date for Comment: 12-10-13, 5 p.m.

Summary: The Oregon Affordable Housing Tax Credits Program encourages the creation or preservation of safe, sanitary and affordable housing for lower income Oregonians. The department has completed a significant reorganization as to how it solicits and administers funding awards for this program as part of the restructure. These rule changes are designed to reflect the significant reorganization of the department.

Rules Coordinator: Sandy McDonnell

Address: Oregon Housing and Community Services Department, 725 Summer St. NE, Suite B, Salem, OR 97301

 

Telephone: (503) 986-2012

Rule Caption: Amends the process for soliciting and administering funding awards for Low-Income Weatherization Assistance Program

Date:   Time:   Location:

12-2-13    10 a.m.   725 Summer St.       Conference Rm. 124A      Salem, OR 97301

Hearing Officer: Sandy McDonnell

Stat. Auth.: ORS 456.555

Stats. Implemented: ORS 458.505, 757.612

Proposed Adoptions: 813-205-0082, 813-205-0145, 813-205-0150

Proposed Amendments: 813-205-0000, 813-205-0020, 813-205-0030, 813-205-0040, 813-205-0050, 813-205-0051, 813-205-0052, 813-205-0060, 813-205-0070, 813-205-0080, 813-205-0085, 813-205-0100, 813-205-0110, 813-205-0120, 813-205-0130

Proposed Repeals: 813-205-0010, 813-205-0140, 813-205-0000(T), 813-205-0020(T), 813-205-0030(T), 813-205-0040(T), 813-205-0050(T), 813-205-0051(T), 813-205-0052(T), 813-205-0060(T), 813-205-0070(T), 813-205-0080(T), 813-205-0082(T), 813-205-0085(T), 813-205-0100(T), 813-205-0110(T), 813-205-0120(T), 813-205-0130(T), 813-205-0145(T), 813-205-0150(T)

Last Date for Comment: 12-10-13, 5 p.m.

Summary: The Low-Income Weatherization Program carries out the department’s role in administering state and federal weatherization assistance programs at the local level. The department has completed a significant reorganization as to how it solicits and administers funding awards for this program as part of the restructure. These rule change are designed to reflect the significant reorganization of the department.

Rules Coordinator: Sandy McDonnell

Address: Oregon Housing and Community Services Department, 725 Summer St. NE, Suite B, Salem, OR 97301

Telephone: (503) 986-2012


Rule Caption: Amends the process for soliciting and administering funding awards for the HELP Program

Date:   Time:   Location:

12-2-13    10 a.m.   725 Summer St.      Conference Room 124A      Salem, OR 97301

Hearing Officer: Sandy McDonnell

Stat. Auth.: ORS 456.555

Stats. Implemented: ORS 456.555, 456.559, 456.625

Proposed Adoptions: 813-130-0150

Proposed Amendments: 813-130-0000, 813-130-0010, 813-130-0020, 813-130-0030, 813-130-0040, 813-130-0050, 813-130-0060, 813-130-0070, 813-130-0080, 813-130-0090, 813-130-0100, 813-130-0110, 813-130-0120

Proposed Repeals: 813-130-0130, 813-130-0140, 813-130-0000(T), 813-130-0010(T), 813-130-0020(T), 813-130-0030(T), 813-130-0040(T), 813-130-0050(T), 813-130-0060(T), 813-130-0070(T), 813-130-0080(T), 813-130-0090(T), 813-130-0100(T), 813-130-0110(T), 813-130-0120(T), 813-130-0150(T)

Last Date for Comment: 12-10-13, 5 p.m.

Summary: The HELP program provides financial assistance for the construction, acquisition and/or rehabilitation of multifamily rental housing for individuals and families of very low income in order to expand the supply of affordable, decent, safe and sanitary housing in Oregon. The department has completed a significant reorganization as to how it solicits and administers funding awards for this program as part of the restructure. These rule changes are designed to reflect the significant reorganization of the department.

Rules Coordinator: Sandy McDonnell

Address: Oregon Housing and Community Services Department, 725 Summer St. NE, Suite B, Salem, OR 97301

Telephone: (503) 986-2012


Oregon Liquor Control Commission, Chapter 845

Rule Caption: Implements Senate Bill 795 (granting growler privileges to holders of Temporary Sales Licenses).

Date:   Time:   Location:

12-5-13    10 a.m.   9079 SE McLoughlin Blvd.      Portland, OR 97222

Hearing Officer: Annabelle Henry

Stat. Auth.: ORS 471 including 471.030, 471.040, 471.190 & 471.730(1) & (5)

Stats. Implemented: ORS 471.190, 471.360 & 471.482

Proposed Amendments: 845-005-0440

Last Date for Comment: 12-19-13, 5 p.m.

Summary: Temporary Sales License privileges are set forth in ORS 471.190. OAR 845-005-0440 implements this statute. Under the current rule, the holder of a Temporary Sales License may sell wine, malt beverages, and cider for on-premises and off-premises consumption. However, alcohol sold for off-premises consumption may only be sold in factory-sealed containers.

   On June 26, 2013, the Governor signed Senate Bill 795 into law. Senate Bill 795 amends ORS 471.190 to allow the holder of a Temporary Sales License to also sell wine, malt beverages, and cider in securely-covered containers provided by the consumer, also known as growlers, provided that each growler holds no more than two gallons of liquid.

   Because Senate Bill 795 contains an emergency clause making it effective upon passage, the Commission recently amended OAR 845-005-0440 on a temporary basis (effective October 1, 2013) to comply with the statutory language now in effect and initiated permanent rulemaking. The temporary rule will remain in effect until permanent amendments are adopted or until the temporary rule expires on March 30, 2014; whichever is first to occur.

Rules Coordinator: Annabelle Henry

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

Telephone: (503) 872-5004


Rule Caption: Amends two rules to implement House Bill 3435 (expanding Distillery license tasting privileges).

Date:   Time:   Location:

12-3-13    10 a.m.   9079 SE McLoughlin Blvd.      Portland, OR 97222

Hearing Officer: Annabelle Henry

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

Stats. Implemented: ORS 471.230

Proposed Amendments: 845-005-0431, 845-006-0452

Last Date for Comment: 12-17-13, 5 p.m.

Summary: Distillery license privileges are set forth in ORS 471.230. The administrative rules in this package implement this statute and establish, among other things, the qualifications and requirements that apply to holders of Distillery licenses that choose to provide tastings of distilled liquor that they have manufactured.

   Under ORS 471.230, a Distillery licensee may conduct tastings at its annually licensed premises and at one other premises that it owns or leases. However, effective January 1, 2014, House Bill 3435 amends this statute to allow the holder of a Distillery license to conduct tastings at its annually licensed premises and at up to five other premises that it owns or leases.

   The proposed amendments reflect the revised statutory language.

Rules Coordinator: Annabelle Henry

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

Telephone: (503) 872-5004


Rule Caption: Amends service permit application refusal bases and the good cause standards that may overcome them.

Date:   Time:   Location:

12-17-13    10 a.m.   9079 SE McLoughlin Blvd.      Portland, OR 97222

Hearing Officer: Annabelle Henry

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

Stats. Implemented: ORS 471.380

Proposed Amendments: 845-009-0020

Last Date for Comment: 12-31-13, 5 p.m.

Summary: Under ORS 471.380, the Commission may refuse to grant a service permit if, among other things, it has reasonable grounds to believe that the applicant habitually uses alcohol, or other controlled substances, to excess or has been convicted of a felony or the violation of any state or local liquor laws.

   OAR 845-009-0020 defines and describes these three statutory refusal bases (i.e., habit, felony convictions, and liquor law violations) and the good cause, if any, that overcomes them.

   The proposed amendments substantively revise the rule to better align its provisions with current licensing standards and to clarify the eligibility and proof criteria necessary to establish a good cause exception to these service permit refusal bases. The proposed amendments also restructure the rule to improve readability and eliminate repetitive language.

Rules Coordinator: Annabelle Henry

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

Telephone: (503) 872-5004


Oregon Medical Board, Chapter 847

Rule Caption: Compliance with Board investigations and agreements

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.190, 677.205, 677.270, 677.320

Proposed Adoptions: 847-001-0024

Last Date for Comment: 11-21-13

Summary: The proposed new rule states that failure to comply with a Board investigation or failure to comply with a Board Agreement violates ORS 677.190(17) and is grounds for disciplinary action.

Rules Coordinator: Nicole Krishnaswami

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

Telephone: (971) 673-2667


Rule Caption: Recognizes continuing medical education in cultural competency

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.265

Proposed Amendments: 847-008-0070

Last Date for Comment: 11-21-13

Summary: The proposed rule amendment allows participation in cultural competency education to be counted toward the mandatory continuing education required of all Board licensees.

Rules Coordinator: Nicole Krishnaswami

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

Telephone: (971) 673-2667


Rule Caption: Eliminates the Limited License, Special

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.132, 677.535

Proposed Amendments: 847-010-0060

Proposed Repeals: 847-010-0053, 847-050-0026, 847-070-0036

Last Date for Comment: 11-21-13

Summary: The proposed rule amendment and the proposed rule repeals eliminate the Limited License, Special because this license is no longer offered and is specific to the former process of issuing licenses, which only occurred at the quarterly Board meetings. Licenses are now issued weekly, eliminating the need for the Limited License, Special.

Rules Coordinator: Nicole Krishnaswami

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

Telephone: (971) 673-2667


Rule Caption: Compliance with personal interview requests

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.100, 677.190

Proposed Amendments: 847-020-0110

Last Date for Comment: 11-21-13

Summary: The proposed rule amendment states that failure to appear for a personal interview is a violation of ORS 677.190(17), and the applicant may be subject to disciplinary action.

Rules Coordinator: Nicole Krishnaswami

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

Telephone: (971) 673-2667


Rule Caption: Compliance with personal interview requests

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.265

Proposed Amendments: 847-050-0025

Last Date for Comment: 11-21-13

Summary: The proposed rule amendment allows personal interview for applications subsequent to initial licensure with the Board (such as reactivation) and states that failure to appear for a personal interview is a violation of ORS 677.190(17), and the applicant may be subject to disciplinary action.

Rules Coordinator: Nicole Krishnaswami

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

Telephone: (971) 673-2667


Rule Caption: Changes name of the Limited License, Postgraduate to Limited License, Pending Examination

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.132, 677.265, 677.512, 677.535

Proposed Amendments: 847-050-0020, 847-050-0023

Last Date for Comment: 11-21-13

Summary: The proposed rule amendments change the name of the Limited License, Postgraduate to Limited License, Pending Examination to properly reflect that the limited licensee is not in a postgraduate training program but instead is awaiting the national certification exam before applying for a full, unlimited license.

Rules Coordinator: Nicole Krishnaswami

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

Telephone: (971) 673-2667


Rule Caption: Compliance with personal interview requests

Stat. Auth.: ORS 667.265

Stats. Implemented: ORS 677.265, 677.759

Proposed Amendments: 847-070-0019

Last Date for Comment: 11-21-13

Summary: The proposed rule amendment allows personal interviews to occur at a time other than at the biannual Acupuncture Committee meetings and states that failure to appear for a personal interview is a violation of ORS 677.190(17), and the applicant may be subject to disciplinary action.

Rules Coordinator: Nicole Krishnaswami

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

Telephone: (971) 673-2667


Rule Caption: Changes name of the Limited License, Postgraduate to Limited License, Pending Examination

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.759

Proposed Amendments: 847-070-0037

Last Date for Comment: 11-21-13

Summary: The proposed rule amendments change the name of the Limited License, Postgraduate to Limited License, Pending Examination to properly reflect that the limited licensee is not in a postgraduate training program, but instead is obtaining clinical training while awaiting the national certification exam before applying for a full, unlimited license.

Rules Coordinator: Nicole Krishnaswami

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

Telephone: (971) 673-2667


Rule Caption: Compliance with personal interview requests

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.100, 677.190, 677.265, 677.810, 677.840

Proposed Amendments: 847-080-0002

Last Date for Comment: 11-21-13

Summary: The proposed rule amendment states that failure to appear for a personal interview is a violation of ORS 677.190(17), and the applicant may be subject to disciplinary action.

Rules Coordinator: Nicole Krishnaswami

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

Telephone: (971) 673-2667


Oregon Military Department, Office of Emergency Management , Chapter 104

Rule Caption: Guidance for employers to conduct mandatory annual earthquake drills for employees located within office buildings

Date:   Time:   Location:

12-3-13    6–7 p.m.   Salem Public Library       Anderson Rm. B      585 Liberty St. SE      Salem, OR 97301

Hearing Officer: Althea Rizzo

Stat. Auth.:

Stats. Implemented: ORS 401.260

Proposed Amendments: Rules in 104-020

Last Date for Comment: 12-6-13

Summary: The purpose of the rule is to provide guidance for all private, state, local government agencies and non-governmental employers with 250 or more full-time employees to conduct mandatory annual earthquake drills for employees located within office buildings.

Rules Coordinator: Cherie Cline

Address: Oregon Military Department, Office of Emergency Management, PO Box 14370, Salem, OR 97309-5062

Telephone: (503) 378-2911, ext. 22221


Oregon Public Employees Retirement System, Chapter 459

Rule Caption: Clarify administration of data verifications and Notices of Dispute.

Date:   Time:   Location:

11-26-13    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 183.413–183.470, 238.285

Proposed Amendments: 459-001-0030, 459-005-0040

Last Date for Comment: 12-6-13

Summary: Clarify administration of data verifications and Notices of Dispute.

   Copies of the proposed rule are available to any person upon request. The rules are also available at http://www.oregon.gov/PERS/about_us.shtml. Public comment may be mailed to the above address or sent via email to Daniel.Rivas@state.or.us

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713


Rule Caption: Clarify final average salary rules

Date:   Time:   Location:

11-26-13    3 p.m.   PERS Boardroom      11410 SW 68th Parkway      Tigard, OR 97223

Hearing Officer: Daniel Rivas

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

Stats. Implemented: ORS 238.005, 238.705 & 238A.050

Proposed Amendments: 459-005-0001, 459-070-0100

Last Date for Comment: 12-6-13

Summary: Rule modifications are needed to clarify final average salary (FAS).

   Copies of the proposed rule are available to any person upon request. The rules are also available at http://www.oregon.gov/PERS/about_us.shtml. Public comment may be mailed to the above address or sent via email to Daniel.Rivas@state.or.us

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713


Rule Caption: Clarify participant eligibility and service time used in apportioning the health insurance premium

Date:   Time:   Location:

11-26-13    3 p.m.   PERS Boardroom      11410 SW 68th Parkway      Tigard, OR

Hearing Officer: Daniel Rivas

Stat. Auth.: ORS 238.410, 238.650 & 238A.450

Stats. Implemented: ORS 238.410, 238.415, 238.420, 238A.050

Proposed Amendments: 459-035-0001, 459-035-0050

Last Date for Comment: 12-6-13

Summary: ORS 238.415 established the Retiree Health Insurance Premium Account (RHIPA) that pays a monthly subsidy that is applied toward the cost of healthcare coverage for eligible retired state employees who are not Medicare eligible. This subsidy applies only to PERS retirees who retire from a state employer and who immediately apply for their pension. The State of Oregon is the sole employer participating and funding the RHIPA program for their eligible state employees.

   Participants of the RHIPA program are eligible state employees or a surviving spouse or dependent of a deceased eligible state employee who retired for service or disability and who must have 8 years or more of “qualifying service.” The monthly premium subsidy is apportioned based on a retired state employee’s “qualifying service” time, beginning with 8 years of service at 50 percent subsidy and incrementally increasing the service time to 30 years or more with the maximum subsidy paid to a career state employee.

   There is confusion regarding the appropriate “qualifying service” that is used in determining eligibility and the amount of health insurance premium subsidy for a retired state employee. The revisions of these rules will clarify that RHIPA eligibility and subsidy is based on “qualifying service” from employment with a state employer only.

   Copies of the proposed rules are available to any person upon request. The rules are also available at http://www.oregon.gov/PERS/about_us.shtml. Public comment may be mailed to the above address or sent via email to Daniel.Rivas@state.or.us

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713


Rule Caption: Clarify provisions of Senate Bill 861

Date:   Time:   Location:

11-26-13    3 p.m.   PERS Boardroom      11410 SW 68th Parkway,      Tigard, OR

Hearing Officer: Daniel Rivas

Stat. Auth.: ORS 238.465, 238.650, 238.715 & 238A.450

Stats. Implemented: ORS 238A.210, chapters 2 and 3, Oregon Laws 2013

Proposed Adoptions: 459-005-0510, 459-005-0520

Last Date for Comment: 12-6-13

Summary: Clarify the provisions of Senate Bill 861 (enacted during the 2013 special legislative session).

   Copies of the proposed rule are available to any person upon request. The rules are also available at http://www.oregon.gov/PERS/about_us.shtml. Public comment may be mailed to the above address or sent via email to Daniel.Rivas@state.or.us

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713


Rule Caption: Clarify provisions of Senate Bill 862 relating to felony garnishments

Date:   Time:   Location:

11-26-13    3 p.m.   PERS Boardroom      11410 SW 68th Parkway      Tigard, OR

Hearing Officer: Daniel Rivas

Stat. Auth.: ORS 238.650 & 238.715

Stats. Implemented: ORS 238.005–238.715

Proposed Amendments: 459-005-0600

Last Date for Comment: 12-6-13

Summary: OAR 459-005-0600 needs to be revised for felony garnishments under SB 862.

   Copies of the proposed rule are available to any person upon request. The rules are also available at http://www.oregon.gov/PERS/about_us.shtml. Public comment may be mailed to the above address or sent via email to Daniel.Rivas@state.or.us

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713


Oregon University System, Eastern Oregon University, Chapter 579

Rule Caption: To amend Eastern Oregon University Student Code of Conduct.

Stat. Auth.: ORS 351.070

Stats. Implemented: ORS 351.070

Proposed Amendments: 579-040-0005, 579-040-0007, 579-040-0010, 579-040-0013, 579-040-0015, 579-040-0030, 579-040-0035, 579-040-0045

Proposed Repeals: 579-040-0020

Last Date for Comment: 11-16-13, 5 p.m.

Summary: The revisions to the Eastern Oregon University Student Code of Conduct reflect institutional changes, current verbiage within the conduct filed, as well as current standards of practice as a result of federal mandates related to sexual misconduct.

   The Suspension of 579-040-0020 is a result of its incorporation of disciplinary hearing process into 579-040-0015.

Rules Coordinator: Teresa Carson-Mastrude

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

Telephone: (541) 962-3773


Oregon University System, Oregon State University, Chapter 576

Rule Caption: Sets fees/charges at Oregon State University for the balance of fiscal year 2013–2014.

Date:   Time:   Location:

12-6-13    1 p.m.   Memorial Union, Rm. 206      Oregon State University      2501 SW Jefferson Way      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: 12-9-13, 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 2013–2014. The rule states: “The University hereby adopts by reference a list of fees and charges for fiscal year 2013–2014. The list of fees and charges is available 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


Physical Therapist Licensing Board, Chapter 848

Rule Caption: Update Division 35 Continuing Competency/CE Requirements

Date:   Time:   Location:

11-15-13    8:30 a.m.   PSOB      800 NE Oregon St., Suite 445      Portland, OR 97232

Hearing Officer: James D. Heider

Stat. Auth.: OAR 688.160(6)(c); OAR 688.160(6)(g)

Stats. Implemented: OAR 688.160(6)(g)

Proposed Amendments: 848-035-0015, 848-035-0020, 848-035-0030, 848-035-0035, 848-035-0040

Last Date for Comment: 11-14-13, 10 a.m.

Summary: Highlights of changes to CE rules include change in terminology from “continuing education (CE)” to “continuing competency (CC)” plus language broadening the scope of activities allowed to satisfy the requirement; change in the total number of CC credits required by a PTAs within the two year certification period from 12 to 24 the same requirement as PTs; new language allowing the Board to make CC exceptions under certain circumstances; new language closing loopholes and addressing areas of abuse and further clarification of existing rule language.

Rules Coordinator: James Heider

Address: Physical Therapist Licensing Board, 800 NE Oregon St, Suite 407, Portland, OR 97232

Telephone: (971) 673-0203


Rule Caption: Existing Rules Clarification, Housekeeping, Updated Fee Schedule, Changes for Statutory Updates.

Date:   Time:   Location:

11-15-13    8:30 a.m.   PSOB      800 NE Oregon St. Ste. 445      Portland, OR 97232

Hearing Officer: James D. Heider

Stat. Auth.: OAR 688.160(6)(c)

Stats. Implemented: OAR 688.010 to 688.201

Proposed Amendments: 848-001-0005, 848-005-0020, 848-005-0030, 848-010-0015, 848-010-0020, 848-010-0026, 848-010-0033, 848-010-0035, 848-010-0044, Rules in 848-015, Rules in 848-020, 848-040-0110, 848-040-0117, 848-040-0147, Rules in 848-045

Last Date for Comment: 11-15-13, 10 a.m.

Summary: Most of the proposed changes are housekeeping and further clarification of existing rule language. The fee schedule is changing; lowering the fee for mailing lists, raising the fee for wall certificates and photocopy requests and adding a new fee for written application status requests. Rules were also updated to reflect the 2013 Legislative changes with regards to requirements to refer a patient.

Rules Coordinator: James Heider

Address: Physical Therapist Licensing Board, 800 NE Oregon St, Suite 407, Portland, OR 97232

Telephone: (971) 673-0203


Public Utility Commission, Chapter 860

Rule Caption: In the Matter of Updates to Rules Regarding Portfolio Options.

Date:   Time:   Location:

12-11-13    10 a.m.   Public Utility Commission      Hearing Rm.      3930 Fairview Industrial Dr. SE      Salem, OR 97302

Hearing Officer: Patrick Power & Sarah Rowe

Stat. Auth.: ORS Ch. 183, 756, 757

Stats. Implemented: ORS 756.040, 757.600–757.667

Proposed Amendments: 860-038-0005, 860-038-0300

Last Date for Comment: 12-18-13, 5 p.m.

Summary: The Portfolio Options program, associated Labeling, and customers have matured and evolved since implementation in 2000. This maturation and evolution necessitate updating the rules to reflect current conditions. Commission Order No. 11-245 opened a docket and directed Staff to explore options for and extent of updates to various aspects of Portfolio Options, as that subject is addressed in OAR 860-038-0220, and Labeling, as that subject is addressed in OAR 860-038-0300.

   The Commission encourages participants to file written comments as early as practicable in the proceedings so that other participants have the opportunity to consider and respond to the comments before the deadline. Please reference Docket No. AR 555 on comments and file them by e-mail to the Commission’s Filing Center at PUC.FilingCenter@state.or.us and also send a signed paper copy to the Filing Center at PO Box 1088, Salem, Oregon 97308-1088. For more information about the Commission’s Filing Center, please see http://apps.puc.state.or.us/edockets/center.htm. Interested persons may review all filings online at http://apps.puc.state.or.us/edockets/docket.asp?DocketID=16912. For guidelines on filing and participation, please see OAR 860-001-0140 through 860-001-0160 and 860-001-0200 through 860-001-0250 found online at http://arcweb.sos.state.or.us/pages/rules/oars_800/oar_860/860_001.html.

   Participants wishing to monitor the hearing by telephone must contact Diane Davis at diane.davis@state.or.us or (503) 378-4372 by close of business December 5, 2013, to request a dial -in number. The Commission strongly encourages those planning to present oral comment at the hearing to attend in person.

Rules Coordinator: Diane Davis

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

Telephone: (503) 378-4372


Rule Caption: In the Matter of Telecommunications Service Standards Revisions — Repair Clearing Time

Date:   Time:   Location:

12-5-13    9:30 a.m.   Public Utility Commission      3930 Fairview Industrial Dr. SE      Salem, OR 97302

Hearing Officer: ALJ Allan Arlow

Stat. Auth.: ORS Ch. 183, 756, 759

Stats. Implemented: ORS 756.040, 759.020, 759.035, 759.050, 759.240, 759.450

Proposed Amendments: 860-023-0055, 860-032-0012, 860-034-0390

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

Summary: This rulemaking proposes changes to telecommunications service standards relating to time to complete weekend repairs as found in OAR 860-023-0055(6), 860-032-0012(6), and 860-034-0390(6). The changes are proposed to alleviate weekend repair reporting problems related to repair intervals and to align the standard more closely with the standard in Washington and Idaho. The proposed changes reduce the standard from 95 percent to 90 percent.

   The Commission encourages participants to file written comments as early as practicable in the proceedings so that other participants have the opportunity to consider and respond to the comments before the deadline. Please reference Docket No. AR 575 on comments and file them by e-mail to the Commission’s Filing Center at PUC.FilingCenter@state.or.us and also send a signed paper copy to the Filing Center at PO Box 1088, Salem, Oregon 97308-1088. For more information about the Commission’s Filing Center, please see http://apps.puc.state.or.us/edockets/center.htm. Interested persons may review all filings online at http://apps.puc.state.or.us/edockets/docket.asp?DocketID=18577. For guidelines on filing and participation, please see OAR 860-001-0140 through 860-001-0160 and 860-001-0200 through 860-001-0250 found online at http://arcweb.sos.state.or.us/pages/rules/oars_800/oar_860/860_001.html.

   Participants wishing to monitor the hearing by telephone must contact Diane Davis at diane.davis@state.or.us or (503) 378-4372 by close of business November 27, 2013, to request a dial -in number. The Commission strongly encourages those planning to present oral comment at the hearing to attend in person.

Rules Coordinator: Diane Davis

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

Telephone: (503) 378-4372


Racing Commission, Chapter 462

Rule Caption: Oregon Racing Commission intends to make permanent two, current temporary rules.

Date:   Time:   Location:

1-16-14    10:30 a.m.   Oregon Racing Commmission      800 NE Oregon St., Suite 310      Portland, OR 97232

Hearing Officer: Charles Williamson

Stat. Auth.: ORS 462.270(3)

Stats. Implemented: ORS 462.020 & 462.270(3)

Proposed Adoptions: 462-200-0635

Proposed Amendments: 462-120-0060

Last Date for Comment: 1-16-14, 12 p.m.

Summary: Amend: 462-120-0060 (Temporary Licenses): Amends rule to include a special event license.

   Adopt: 462-200-0635 (Show Pick N with Unique Ticket Jackpot): Adopts rule with unique ticket jackpot.

Rules Coordinator: Nancy A. Artmann

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

Telephone: (971) 673-0211


Secretary of State, Corporation Division, Chapter 160

Rule Caption: Oregon License Directory

Date:   Time:   Location:

11-18-13    1:30 p.m.   Corp. Conference Rm.      255 Capitol St. NE      Salem, OR 97310

Hearing Officer: Tom Wrosch

Stat. Auth.: ch. 580, 2013 Oregon Laws

Stats. Implemented: ch. 580, 2013 Oregon Laws

Proposed Adoptions: 160-010-0700 – 160-010-0750

Last Date for Comment: 11-21-13, 12 p.m.

Summary: These rules govern the maintenance of the Oregon License Directory, which contains information about licenses, permits and registrations for which fees are imposed on small businesses by local and state agencies in Oregon.

Rules Coordinator: Ginger Spotts

Address: Secretary of State, Corporation Division, 255 Capitol St. NE, Suite 151, Salem, OR 97310

Telephone: (503) 986-2333

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

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

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

© 2013 State of Oregon All Rights Reserved​