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Oregon Bulletin

December 1, 2011

NOTICES OF PROPOSED RULEMAKING AND
PROPOSED RULEMAKING HEARINGS


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

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

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

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

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


 

 

Board of Architect Examiners
Chapter 806

Rule Caption: Adds digital stamps and signatures to architect document stamping methods authorized by the Board.

Stat. Auth.: ORS 671.020

Stats. Implemented: ORS 671.020

Proposed Amendments: 806-010-0045

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

Summary: The revision of 806-010-0045 will allow for the use of digital stamps and signatures by architects when submitting construction documents to building departments. This rule change is necessary to facilitate the increasing use of electronic means to create, use, and submit building construction documents.

Rules Coordinator: Jim Denno

Address: Oregon Board of Architect Examiners, 205 Liberty St. NE, Suite A, Salem, OR 97301

Telephone: (503) 763-0662

Board of Medical Imaging
Chapter 337

Rule Caption: Corrects and updates the process for students to apply to take the limited x-ray examination.

Date:                         Time:                        Location:

12-15-11               4–5 p.m.                 800 NE Oregon St., Rm. 445
                                                                           Portland, OR

Hearing Officer: Ed Conlow

Stat. Auth.: ORS 688.485, 688.515 & 688.555

Stats. Implemented: ORS 688.485

Proposed Amendments: 337-010-0030

Last Date for Comment: 12-16-11, 4:30 p.m.

Summary: This rules amendment completes two actions:

      (1) Under current rules, the Oregon Board of Medical Imaging (OBMI) requires a student to have completed all coursework in limited x-ray machine operation, before a student is allowed to submit an application to the OBMI to take the limited x-ray machine operator examination. This amendment would allow the OBMI to approve an exam application once a student has completed all but one final course. In order to obtain approval, a student’s examination application material would need to include a course completion certificate indicating that the student has successfully completed all but the final course, and that the student is enrolled in the final course.

      (2) This amendment corrects current rules to reflect current OBMI practice to require a limited x-ray permit student to pass the examination prior to completing practical experience requirements.

Rules Coordinator: Ed Conlow

Address: Board of Medical Imaging, 800 NE Oregon St., Suite 1160A, Portland, OR 97232

Telephone: (971) 673-0216

Board of Tax Practitioners
Chapter 800

Rule Caption: 2011 overhaul of OARs based on recommendations made by the Rules Advisory Committee and approved by the Board.

Date:                         Time:                        Location:

12-20-11               10 a.m.                    3218 Pringle Rd. SE, #120
                                                                           Salem, OR 97302

Hearing Officer: Jane Billings

Stat. Auth.: ORS 673.605, 673.740 & 673.990

Stats. Implemented: ORS 673.605, 673.740 & 673.990

Proposed Amendments: Rules in 800-010, 800-015, 800-020, 800-025

Last Date for Comment: 12-20-11

Summary: 2011 overhaul of OARs based on recommendations made by the Rules Advisory Committee and approved by the Board.

Rules Coordinator: Jane Billings

Address: Board of Tax Practitioners, 3218 Pringle Rd. SE, Suite 120, Salem, OR 97302

Telephone: (503) 378-4034

Bureau of Labor and Industries
Chapter 839

Rule Caption: Implements legislation providing civil penalties for issuance of dishonored checks in payment of wages.

Stat. Auth.: ORS 651.060(4), 652 & 30.701

Other Auth.: House Bill 2039 (2011)

Stats. Implemented: ORS 652

Proposed Adoptions: 839-001-0300

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

Summary: The proposed new rule implements the provisions of House Bill (HB) 2039 enacted by the 2011 Legislature. HB 2039, effective January 1, 2012, amends ORS chapter 652 to authorize the Commissioner of the Bureau of Labor and Industries to assess civil penalties payable to employees equal to the damages provided in ORS 30.701 relating to actions against makers of dishonored checks. ORS 30.701 provides that when an individual is issued a check for which there are insufficient funds, the person may recover from the maker of the dishonored check statutory damages in an amount equal to $100 or triple the amount for which the check is drawn, not to exceed $500 more than the value of the check.

      The proposed new rule provides that such amounts may be assessed as civil penalties by the Bureau of Labor and Industries pursuant to the Administrative Procedure Act (ORS 183.413 to 183.470) and the bureau’s Contested Case Hearing Rules.

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: Clarifies how employer penalty is to be computed in Wage Security Fund recovery actions.

Stat. Auth.: ORS 651.060(4) & 652

Stats. Implemented: ORS 652.414

Proposed Amendments: 839-001-0560

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

Summary: ORS 652.414, relating to the payment of wage claims from the Wage Security Fund, provides that the Commissioner of the Bureau of Labor and Industries may initiate action to recover from employers or other persons liable for unpaid wages, amounts paid from the Wage Security Fund. In addition, the commissioner is also entitled to recover a penalty of 25 percent of the amount of wages paid from the Wage Security Fund or $200, whichever amount is greater. The proposed rule amendment clarifies that in cases where multiple employees of an employer are paid from the Fund, the penalty of 25 percent amount of wages paid or $200, whichever is greater, is to be calculated based on the amount paid to each employee from the Wage Security Fund, and not the total aggregated amount paid to the employees of the employer.

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: Correct grammar and conform administrative rules for registered apprenticeship programs to federal requirements.

Stat. Auth.: ORS 660.120(3)

Other Auth.: HB 2034 (2011)

Stats. Implemented: ORS 660.002–660.309

Proposed Adoptions: 839-011-0020, 839-011-0050, 839-011-0051, 839-011-0060, 839-011-0070, 839-011-0072, 839-011-0074, 839-011-0082, 839-011-0084, 839-011-0088, 839-011-0090, 839-011-0140, 839-011-0141, 839-011-0142, 839-011-0143, 839-011-0145, 839-011-0162, 839-011-0175, 839-011-0265, 839-011-0270, 839-011-0290, 839-011-0310, 839-011-0320, 839-011-0334

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

Summary: Pursuant to ORS 660.010–660.210, the Oregon Bureau of Labor and Industries (BOLI) administers registered apprenticeship programs through its Apprenticeship and Training Division (ATD). States that administer registered apprenticeship programs do so under an agreement with the United States Department of Labor, Employment and Training Administration (USDOL, ETA). Recent changes in federal apprenticeship regulations have necessitated changes to ORS 660.010–660.210. The proposed amendments bring Oregon into conformance with federal requirements. Corrections in grammar and usage were also incorporated into these amendments. The proposed amendment harmonizes definitions in these rules with federal definitions and requirements.

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 clarifying filing deadlines, default relief and ex parte definition.

Stat. Auth.: ORS 183 & 651.060

Stats. Implemented: ORS 183

Proposed Amendments: 839-050-0040, 839-050-0310, 839-050-0340, Rules in 839-050

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

Summary: The proposed amendments would add a reference to state furlough days to the rule on filing documents; clarify the relief from default rule and add the definition of ex parte to the ex parte rule.

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: Conforms civil rights rules to provisions of HB 2036, HB 2828 and HB 3482 (2011).

Stat. Auth.: ORS 659A.805

Other Auth.: HB 2036, HB 2828, HB 3482, Oregon Legislative Assembly 2011.­

Stats. Implemented: HB 2036, (corrects references that relate to employment to refer only to employment-related disability statutes; allows BOLI to enforce law providing protected leave to attend a criminal proceeding; & clarifies that an employer may consider the credit history of applicants for public safety officer employment), HB 2828 (Creates unlawful employment practice if employer ceases to provide insurance during period employee is serving as juror), & HB 3482 (adds “harassment” to Crime Victim leave & discrimination provisions), Oregon Legislative Assembly 2011; ORS 659A.112– 659A.139, 659A.270–659A.290, 659A.303, 659A.855 & 659A.885.

Proposed Adoptions: 839-005-0075, 839-005-0125, 839-005-0130, 839-005-0135, 839-005-0175, 839-009-0364

Proposed Amendments: 839-005-0033, 839-005-0060, 839-005-0065, 839-005-0070, 839-005-0080, 839-005-0085, 839-005-0160, 839-005-0170 839-005, 839-006-0200, 839-006-0202, 839-006-0205, 839-006-0206, 839-006-0212, 839-006-0240, 839-006-0242, 839-006-0244, 839-006-0250, 839-006-0255, 839-006-0265, 839-006-0270, 839-006-0275, 839-006-0280, 839-006-0290, 839-006-0295, 839-006-0300, 839-006-0305, 839-006-0307, 839-006-0310, 839-006-0320, 839-006-0330, 839-006-0332, 839-006-0335, 839-006, 839-009-0325, 839-009-0330, 839-009-0335, 839-009-0340, 839-009-0345, 839-009-0350, 839-009-0355, 839-009-0360, 839-009-0362, 839-009-0363, 839-009-0365, Rules in 839-009

Proposed Ren. & Amends: 839-005-0033 to 839-005-0120, Rules in 839-005, 839-006, 839-009

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

Summary: The proposed rules would implement HB 2036, which 1) corrects references in ORS 659A.106 that relate to employment to refer only to employment-related disability statutes (ORS 659A.112-659A.139); 2) allows BOLI to enforce law providing protected leave to attend a criminal proceeding (ORS 659A.194(2); and 3) clarifies that an employer may consider the credit history of applicants for public safety officer employment.

      The proposed rules would implement provisions of HB 2828, creating an unlawful employment practice if an employer who employs 10 or more people ceases to provide health, disability, life or other insurance during a period in which the employee is serving or is scheduled to serve as juror and the employee notified the employer of election to have coverage continue.

      The proposed rules would implement provisions of HB 3482, adding “harassment” to crime victim protections, and allows a state employee in an unclassified or exempt position, who is not a confidential, managerial or supervisory employee, to be accompanied by an individual selected by the victimized employee to be present during an interview between the employer and employee.

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 clarifying time during which bureau may issue subpoenas and correcting statutory cites.

Stat. Auth.: ORS 651.060, 658.220 & 659A.800

Stats. Implemented: ORS 279C, 651, 652, 653, 658 & 659A

Proposed Amendments: 839-002-0001, 839-002-0002, 839-002-0005, 839-002-0015, 839-002-0020, 839-002-0025, 839-002-0035, 839-002-0040, 839-002-0045, 839-002-0050, 839-002-0055, 839-002-0060, 839-002-0065, 839-002-0065, 839-002-0070, 839-002-0075, 839-002-0080, Rules in 839-002

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

Summary: The proposed amendments would clarify the time frame during which the bureau may issue subpoenas. The authorizing statute, ORS 651.0060(1), provides that the bureau may issue subpoenas “when the information sought is relevant to a lawful investigative purpose.” The proposed amendments would clarify that the bureau may issue a subpoena at any time when the information sought “is relevant to a lawful investigative purpose and deemed to be reasonable in scope,” which would include during official preliminary inquiries prior to initiating an investigation. The proposed amendments also include corrections to statutory cites.

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: Amend public records rule to conform fees to agency costs and clarify response procedure.

Stat. Auth.: ORS 651.060(4)

Stats. Implemented: ORS 192

Proposed Amendments: 839-030-0010

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

Summary: The proposed amendments would update the figures used to calculate costs of staff time spent on providing requested public records in order to reimburse the bureau for the actual costs of responding to a request for public records as provided by the public records laws. The proposed amendments would remove references to outdated media used to store and convey public records. The proposed amendments would make clarifying changes and clean up grammar and typographical errors.

Rules Coordinator: Marcia Ohlemiller

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

Telephone: (971) 673-0784

Department of Administrative Services
Chapter 125

Rule Caption: Amends Department of Administrative Services Public Contracting Rules.

Date:                         Time:                        Location:

12-15-11               1 p.m.                       Dept. of Administrative Services,
                                                                           Mt. Steens Conference Rm. #8
                                                                           1225 Ferry St. SE
                                                                           Salem, OR 97301

Hearing Officer: Jay Jackson

Stat. Auth.: ORS 79A.065; 279A.070

Stats. Implemented: ORS 200.035, 200.065, 200.075, 279A.020, 279A.030, 279A.050, 279A.065, 279A.070, 279A.110, 279A.120, 279A.140, 279B.015, 279B.050, 279B.055, 279B.060, 279B.065, 279B.070, 279B.075, 279B.080, 279B.085, 279B.115, 279B.130, 279B.400, 279B.405, 279B.410, 270B.415, 279B.420, 279B.425, 279C.100, 279C.105, 279C.107, 279C.110, 279C.115, 279C.120, 279C.125, 279C.307, 279C.320, 279C.335, 279C.340, 279C.345, 279C.360, 279C.365, 279C.370, 279C.375, 279C.380, 279C.385, 279C.390, 279C.395, 279C.400, 279C.405, 279C.410, 279C.412, 279C.430, 279C.435, 279C.440, 279C.445, 279C.450, 279C.460, 279C.505, 279C.510, 279C.515, 279C.520, 279C.525, 279C.527, 279C.528, 279C.530, 297C.535, 279C.540, 279C.545, 279C.550, 279C.555, 279C.560, 279C.565, 279C.570, 279C.580, 279C.585, 279C.590, 279C.605, 279C.650, 279C.655, 279C.660, 279C.665, 279C.670, 279C.800, 279C.805, 279C.807, 279C.808, 279C.810, 279C.815, 279C.817, 279C.820, 279C.825, 279C.827, 279C.829, 279C.830, 279C.835, 279C.836, 279C.838, 279C.840, 279C.845, 279C 850, 279C.855, 279C.860, 279C.865, 279C.870,305.385, 351.086, 468A.720, 671.530, 701.005, 701.026, 701.420.

Proposed Amendments: 125-246-0100, 125-246-0300, 125-246-0570, 125-247-0100, 125-247-0310, 125-247-0320, 125-247-0400, 125-247-0410, 125-247-0420, 125-247-0440, 125-247-0450, 125-247-0460, 125-247-0470, 125-247-0480, 125-247-0490, 125-247-0525, 125-247-0575, 125-247-0620, 125-247-0640, 125-247-0650, 125-247-0660, 125-247-0670, 125-247-0700, 125-247-0710, 125-247-0720, 125-247-0731, 125-247-0740, 125-247-0750, 125-247-0760, 125-248-0100, 125-248-0110, 125-248-0120, 125-248-0130, 125-248-0200, 125-248-0210, 125-248-0220, 125-248-0230, 125-248-0240, 125-248-0250, 125-248-0260, 125-248-0300, 125-248-0310, 125-248-0340,125-249-0100, 125-249-0130, 125-249-0140, 125-249-0150, 125-249-0160, 125-249-0200, 125-249-0210, 125-249-0220, 125-249-0230, 125-249-0240, 125-249-0250, 125-249-0260, 125-249-0270, 125-249-0280, 125-249-0290, 125-249-0300, 125-249-0310, 125-249-0320, 125-249-0330, 125-249-0340, 125-249-0350, 125-249-0360, 125-249-0370, 125-249-0380, 125-249-0390, 125-249-0395, 125-249-0400, 125-249-0410, 125-249-0420, 125-249-0430, 125-249-0440, 125-249-0450, 125-249-0460, 125-249-0470, 125-249-0490, 125-249-0600, 125-249-0610, 125-249-0620, 125-249-0640, 125-249-0645, 125-249-0650, 125-249-0660, 125-249-0670, 125-249-0680, 125-249-0690, 125-249-0800, 125-249-0810, 125-249-0815, 125-249-0820, 125-249-0830, 125-249-0840, 125-249-0850, 125-249-0860, 125-249-0870, 125-249-0880, 125-249-0890, 125-249-0900, 125-249-0910

Last Date for Comment: 12-15-11, 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 279ABC (Code). The Rules apply to state agencies subject to DAS procurement authority (Agencies). In 2011, the Legislature made changes to select sections of the Code. In addition to the legislative changes to the Code, the Department of Justice and Agencies requested select Rule changes to streamline or reduce duplications in 2011 and 2012. Now, in response to the legislative changes and requests for change from stakeholders, DAS needs to amend the select Rules listed above.

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: Standard of Identity for Olive Oil.

Date:                         Time:                        Location:

12-19-11               1 p.m.                       Dept. of Agriculture
                                                                           635 Capitol St. NE
                                                                           Salem, OR 97301

Hearing Officer: Vance Bybee

Stat. Auth.: ORS 561.190, 616.230 & 616.761

Stats. Implemented: ORS 616.761

Proposed Adoptions: 603-051-0775 – 603-051-0785

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

Summary: Establishes a standard of identity for olive oil and adopts United States department of Agriculture designations for grades by reference. Implements labeling requirements and prohibits imitation olive oil in Oregon.

Rules Coordinator: Sue Gooch

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

Telephone: (503) 986-4583

 

Rule Caption: Standard of identity for honey.

Date:                         Time:                        Location:

12-19-11               10 a.m.                    Dept. of Agriculture
                                                                           635 Capitol St. NE
                                                                           Salem, OR 97301

Hearing Officer: Vance Bybee

Stat. Auth.: ORS 561.190, 632.900–632.980 & 2011 HB 2947

Stats. Implemented: ORS 632.900–632.980

Proposed Adoptions: 603-051-0366

Proposed Amendments: 603-051-0365, 603-051-0370, 603-051-0375, 603-051-0390, 603-051-0395

Proposed Repeals: 603-051-0380, 603-051-0385

Last Date for Comment: 12-22-11, 5 p.m.

Summary: Establishes a standard of identity for honey and adopts United States Department of Agriculture designations for grade and color. Repeals Oregon “Determination of Density” and “Application of Tolerance” standards because these are inconsistent with federal standards, Amends honey labeling requirements to follow modern industry labeling conventions.

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: Updates referenced standards and aircraft hanger requirements in the 2010 Oregon Structural Code.

Date:                         Time:                        Location:

12-19-11               9 a.m.                       1535 Edgewater St. NW
                                                                           Salem, OR 97304

Hearing Officer: Steve Judson

Stat. Auth.: ORS 455.030, 455.110, 455.112

Stats. Implemented: ORS 455.110 & 455.112

Proposed Amendments: 918-460-0015

Last Date for Comment: 12-23-11, 5 p.m.

Summary: The proposed rule adopts proposed amendments to update certain National Fire Protection Association standards referenced in the 2010 Oregon Structural Specialty Code (OSSC). The changes bring the referenced standards up to the current editions of NFPA 13, NFPA 13R, NFPA 13D, Installation of Fire Sprinklers, and NFPA 72, National Fire Alarm and Signaling Code series. The proposed rule also amends Section 412, Aircraft Hangers, and exempts certain hangers from foam fire suppression systems. The changes are primarily in OSSC Chapter 4 which contains special detailed requirements based on use and occupancy, and Chapter 35 which contains the referenced standards.

Rules Coordinator: Stephanie Snyder

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

Telephone: (503) 373-7438

 

Rule Caption: Clarifying Oregon Reach Code Plan Review and Inspections.

Date:                         Time:                        Location:

12-19-11               10 a.m.                    1535 Edgewater St. NW
                                                                           Salem, OR 97304

Hearing Officer: Aeron Teverbaugh

Stat. Auth.: ORS 455.100, 455.448, 455.720 & 455.500

Stats. Implemented: ORS 446.250, 455.448, 455.449, 455.622, 455.720 & 455.500

Proposed Amendments: Rules in 918-098

Last Date for Comment: 12-23-11, 5 p.m.

Summary: This proposed rule clarifies which certifications are required for inspecting buildings under the Oregon Reach Code. The Oregon Reach Code does not alter any of the existing certification rules. The Oregon Reach Code builds off of the existing specialty codes. This proposed rule clarifies that individuals certified to inspect particular specialty codes are also charged with inspecting the corresponding provisions of the Oregon Reach Code. The proposed rule also deletes an obsolete reference to certifications no longer offered in relation to post-earthquake damage inspector registration requirements.

Rules Coordinator: Stephanie Snyder

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

Telephone: (503) 373-7438

 

Rule Caption: Adopts the 2011 Oregon Elevator Specialty Code.

Date:                         Time:                        Location:

12-20-11               9:30 a.m.                1535 Edgewater St. NW
                                                                           Salem, OR 97304

Hearing Officer: Warren Hartung

Stat. Auth.: ORS 455.030 & 460.085

Stats. Implemented: ORS 455.030 & 460.085

Proposed Adoptions: Rules in 918-400

Proposed Amendments: Rules in 918-400

Proposed Repeals: Rules in 918-400

Last Date for Comment: 12-23-11, 5 p.m.

Summary: The proposed rules adopt minimum safety standards for the safe installation, inspection and operation of elevators in Oregon that will be referred to as the 2011 Oregon Elevator Specialty Code. The proposed rules adopt provisions of national model elevator codes and standards for use in Oregon and make certain Oregon-specific amendments to the model code language.

      Additional rules are amended to change the format of the tables with no changes to the text.

Rules Coordinator: Stephanie Snyder

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

Telephone: (503) 373-7438

 

Rule Caption: Boiler and Pressure Vessel Revised Definitions and Installation Permit Requirements; Establishment of Minor Repair Permits.

Date:                         Time:                        Location:

12-20-11               10 a.m.                    1535 Edgewater St. NW
                                                                           Salem, OR 97304

Hearing Officer: Michael Schopf

Stat. Auth.: ORS 480.545, 480.630, 183.335­

Stats. Implemented: ORS 480.630, 183.335

Proposed Adoptions: Rules in 918-225

Proposed Amendments: Rules in 918-225

Proposed Repeals: Rules in 918-225

Last Date for Comment: 12-23-11, 5 p.m.

Summary: The proposed rules establish new definitions for the Oregon boiler and pressure vessel program. The proposed rules replace the current definition of “installer” with a definition of “installation” and adopt a definition of “repair” that establishes three categories of repairs: welded repairs, non-welded major repairs, and minor repairs.

      The proposed rules also establish a requirement that owners of boilers and pressure vessels must acquire an installation permit before installing, altering, or repairing their equipment. Owners of boilers and pressure vessels that provide 24-hour manned operation of their equipment are exempt from the installation permit requirement. The proposed rules provide that installation permits expire 18 months after purchase unless the purchaser requests an extension.

      The proposed rules also establish a system of minor repair permits for minor repairs made to boilers and pressure vessels.

Rules Coordinator: Stephanie Snyder

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

Telephone: (503) 373-7438

 

Rule Caption: Adopts amendments to the 2010 Oregon Energy Efficiency Specialty Code.

Date:                         Time:                        Location:

12-20-11               10:30 a.m.             1535 Edgewater St. NW
                                                                           Salem, OR 97304

Hearing Officer: Mark Heizer

Stat. Auth.: ORS 455.030, 455.110 & 455.511

Stats. Implemented: ORS 455.030, 455.110 & 455.511

Proposed Amendments: 918-460-0510

Last Date for Comment: 12-23-11, 5 p.m.

Summary: The proposed rule exempts economizer relief dampers that are integral to unitary and packaged equipment from the requirement in Section 503.2.4.5 of the Oregon Energy Efficiency Specialty Code that all outdoor air supply and exhaust vents be equipped with motorized dampers that shut automatically when the systems or spaces served are not in use.

Rules Coordinator: Stephanie Snyder

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

Telephone: (503) 373-7438

 

Rule Caption: Amends the 2010 Oregon Mechanical Specialty Code.

Stat. Auth.: ORS 455.030, 455.110, 455.112

Stats. Implemented: ORS 455.110 & 455.112

Proposed Amendments: 918-440-0012

Last Date for Comment: 12-23-11, 5 p.m.

Summary: The proposed rule amends the 2010 Oregon Mechanical Specialty Code by updating the referenced National Fire Protection Association (NFPA) standards in the Code. The changes bring the referenced standards up to the current editions of NFPA 13, Installation of Fire Sprinklers, and NFPA 72, National Fire Alarm and Signaling Code series

Rules Coordinator: Stephanie Snyder

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

Telephone: (503) 373-7438

Department of Consumer and Business Services,
Insurance Division
Chapter 836

Rule Caption: Clarifying six month guarantee issue period and establishing “birthday rule” for Medicare supplement insurance.

Date:                         Time:                        Location:

12-22-11               1:30 p.m.               Labor & Industries Bldg., 301
                                                                           Conference Rm. E
                                                                           350 Winter St. NE
                                                                           Salem, OR

Hearing Officer: John Atkins

Stat. Auth.: ORS 731.244, 743.010, 743.683 & 743.684

Stats. Implemented: ORS 743.010, 742.683 & 743.684

Proposed Adoptions: 836-052-0143

Proposed Amendments: 836-052-0138

Last Date for Comment: 12-29-11, Close of Business

Summary: These proposed rules were developed in response to numerous complaints received by the Department of Consumer and Business Services regarding open enrollment periods and unexpected rate increases with respect to Medicare supplement policies. To address these complaints, the proposed rules:

      • Clarify that for a person who receives “retroactive” eligibility for Medicare as a result of an appeal of an initial denial for eligibility, the six month open enrollment period begins after the person is notified of their eligibility, not on the date the person’s eligibility has been backdated to.

      • Adopt a “birthday rule” for Medicare supplement policies to allow an individual the opportunity to change Medicare supplement plans (as long as the new policy has the same or lesser benefits) with guaranteed issue and nondiscrimination in rating once per year for a period of thirty days beginning on the individual’s birthday.

Rules Coordinator: Sue Munson

Address: Department of Consumer and Business Services, Insurance Division, 350 Winter St. NE, Rm. 440, Salem, OR 97301

Telephone: (503) 947-7272

 

Rule Caption: Adoption of Annual and Supplemental Statement Blanks and Instructions for Reporting Year 2011.

Stat. Auth.: ORS 731.244, 731.574 & 733.210

Stats. Implemented: ORS 731.574 & 733.210

Proposed Amendments: 836-011-0000

Last Date for Comment: 12-22-11, Close of Business

Summary: This rulemaking prescribes, for reporting year 2011, the required forms for the annual and supplemental financial statements required of insurers and health care service contractors under ORS 731.574, as well as the necessary instructions for completing the forms.

      The proposed amendments to the rule also add information about how to inspect the instructions and forms necessary to complete the annual financial statements.

Rules Coordinator: Sue Munson

Address: Department of Consumer and Business Services, Insurance Division, 350 Winter St. NE, Rm. 440, Salem, OR 97301

Telephone: (503) 947-7272

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

Rule Caption: Department of Human Services’ Cooperative Relationship with the Oregon Health Authority.

Stat. Auth.: ORS 409.050

Other Auth.: HB 2009, enacted in 2009 OL Ch. 595, Sec. 19–25

Stats. Implemented: ORS 413.032

Proposed Adoptions: 407-043-0020

Proposed Repeals: 407-043-0020(T)

Last Date for Comment: 12-22-11, 5 p.m.

Summary: HB 2009 (2009) created the Oregon Health Authority and transferred to the Authority the Department of Human Services’ (Department) divisions with respect to health and health care. The Department proposes to adopt these operational and programmatic rules to assure continuity as a part of the operational transfer from functions previously performed by the Department as a result of HB 2009 (2009). Adoption of this rule will repeal the temporary rule in effect since July 1, 2011.

      Among the functions transferred to the Authority is the medical assistance program. This rule provides for continuity in the relationship between the Department and the Authority when working together in the administration of the medical assistance program and that the Department and the Authority shall work cooperatively in the administration of the medical assistance program, including making determinations of eligibility and service need for medical assistance. This rule also explains that the Authority designated the Department as the operating agency for home and community-based waiver services and as an Organized Health Care Delivery System.

      Proposed rules are available on the DHS Website: http://www.oregon.gov/DHS/admin/dwssrules/index.shtml. For hardcopy requests, call: (503) 947-5250.

Rules Coordinator: Jennifer Bittel

Address: Department of Human Services, Administrative Services Division and Director’s Office, 500 Summer St. NE, Salem, OR 97301

Telephone: (503) 947-5250

 

Rule Caption: Amendments to Electronic Data Transmission (EDT) Rules.

Stat. Auth.: ORS 409.050 & 414.065

Other Auth.: HB 2009, enacted in 2009 OL Ch. 595, Sec. 19-25

Stats. Implemented: ORS 414.065

Proposed Amendments: 407-120-0100, 407-120-0112, 407-120-0114, 407-120-0150, 407-120-0200

Proposed Repeals: 407-120-0100(T), 407-120-0112(T), 407-120-0114(T), 407-120-0150(T), 407-120-0200(T)

Last Date for Comment: 12-22-11, 5 p.m.

Summary: The Department of Human Services (Department) is amending these rules to ensure the Department’s EDT rules compliment the functionality of the Oregon Replacement Medicaid Management Information System (MMIS) in conjunction with the Health Insurance Portability and Accountability Act (HIPAA) transactions and codes set standards for the exchange of electronic data. Adoption of these rules will repeal the temporary rules currently in effect since July 1, 2011.

      Proposed rules are available on the DHS Website: http://www.oregon.gov/DHS/admin/dwssrules/index.shtml.

      For hardcopy requests, call: (503) 947-5250.

Rules Coordinator: Jennifer Bittel

Address: Department of Human Services, Administrative Services Division and Director’s Office, 500 Summer St. NE, Salem, OR 97301

Telephone: (503) 947-5250

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

Rule Caption: Changing OARs affecting Child Welfare programs

Date:                         Time:                        Location:

12-21-11               11 a.m.                    500 Summer St. NE, Rm. 255
                                                                           Salem, OR

Hearing Officer: Annette Tesch

Stat. Auth.: ORS 409.050 & 418.005

Stats. Implemented: ORS 409.010, 409.185, 418.005, 418.015, 419B.015 & 419B.020

Proposed Amendments: 413-200-0404, 413-200-0409, 413-200-0414, 413-200-0419, 413-200-0424

Proposed Repeals: 413-200-0404(T), 413-200-0409(T), 413-200-0414(T), 413-200-0419(T), 413-200-0424(T)

Last Date for Comment: 12-23-11, 5 p.m.

Summary: OAR 413-200-0404, 413-200-0409, 413-200-0414, 413-200-0419, and 413-200-0424 about Department responsibilities during screening and assessment of a child abuse or neglect report involving the home of a Department-certified foster parent or relative caregiver are being amended to make permanent changes adopted by temporary rule on September 1, 2011 that reflect current Department practice under a new database system and a redesigned structure in which the written assessment is located and assigned to a family and a child. These amendments also extend the use of consistent definitions and terminology, and remove references to positions no longer in the Department.

      In addition, the above rules may also be changed to reflect new Department terminology and to correct formatting and punctuation.

      Written comments may be submitted until December 23, 2011 at 5:00 p.m. Written comments may be submitted via e-mail to Annette.Tesch@state.or.us, faxed to 503-373-7032, or mailed to Annette Tesch, Rules Coordinator, DHS - Children, Adults, and Families Division, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The Department provides the same consideration to written comment as it does to any oral or written testimony provided at the public hearing.

Rules Coordinator: Annette Tesch

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

Telephone: (503) 945-6067

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

Rule Caption: Application and Eligibility Determination for Developmental Disability Services.

Date:                         Time:                        Location:

12-16-11               9:30 a.m.                Human Services Bldg.
                                                                           500 Summer St. NE, Rm. 137AB
                                                                           Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 409.050, 410.070 & 430.640

Stats. Implemented: ORS 183.415, 427.005, 427.007 & 430.610–430.670

Proposed Amendments: 411-320-0020, 411-320-0080

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

Summary: The Department of Human Services (Department) is proposing to amend the rules in OAR chapter 411, division 320 relating to the application and eligibility determination process for developmental disability services.

      The rules are being amended to:

      • Add nurse practitioners to the list of qualified professionals that may diagnose developmental disability conditions;

      • Clarify the term “training or support similar to that required by individuals with intellectual disability”;

      • Include language that is consistent with current practice around making 18-22 year olds who have developmental disabilities other than intellectual disabilities, provisionally eligible up to age 22; and

      • Make changes that are considered housekeeping to reflect the Department’s rule writing standards.

Rules Coordinator: Christina Hartman

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

Telephone: (503) 945-6398

 

Rule Caption: Community Developmental Disability Program Review.

Date:                         Time:                        Location:

12-16-11               11:30 a.m.             500 Summer St. NE, Rm. 137AB
                                                                           Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 409.050, 410.070 & 430.640

Stats. Implemented: ORS 427.005, 427.007 & 430.610–430.695

Proposed Amendments: 411-320-0190

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

Summary: The Department of Human Services (Department) is proposing to amend OAR 411-320-0190 to clarify existing practice by removing the language relating to the Department’s issuance of a certificate of compliance to Community Developmental Disability Programs (CDDPs). The Department has never issued certificates of compliance to CDDPs. The Department does issue a report to the CDDP that identifies areas of compliance and areas in need of improvement but the report is not considered a certificate.

Rules Coordinator: Christina Hartman

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

Telephone: (503) 945-6398

 

Rule Caption: Revisions to Implement OAR Chapter 411, Division 323 (Developmental Disability Certification and Endorsement).

Date:                         Time:                        Location:

12-16-11               10:30 a.m.             500 Summer St. NE, Rms. 137AB
                                                                           Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 409.050 & 410.070

Stats. Implemented: ORS 409.050 & 410.070

Proposed Adoptions: 411-323-0035, 411-325-0025

Proposed Amendments: 411-323-0010, 411-323-0020, 411-323-0030, 411-323-0040, 411-323-0050, 411-323-0060, 411-323-0070, 411-325-0020, 411-325-0060, 411-325-0110, 411-325-0150, 411-325-0320, 411-325-0430, 411-325-0460, 411-328-0560, 411-328-0570, 411-328-0620, 411-328-0630, 411-328-0740, 411-335-0010, 411-335-0020, 411-335-0030, 411-335-0060, 411-335-0120, 411-335-0230, 411-335-0310, 411-345-0010, 411-345-0020, 411-345-0030, 411-345-0050, 411-345-0090, 411-345-0100, 411-345-0110, 411-345-0130, 411-345-0190

Proposed Repeals: 411-325-0080, 411-325-0100, 411-325-0160, 411-325-0210, 411-325-0310, 411-325-0450, 411-328-0580, 411-328-0590, 411-328-0600, 411-328-0610, 411-328-0670, 411-328-0730, 411-328-0805, 411-328-0810, 411-328-0820, 411-328-0830, 411-335-0050, 411-335-0070, 411-335-0080, 411-335-0090, 411-335-0100, 411-335-0110, 411-335-0140, 411-335-0300, 411-335-0370, 411-335-0380, 411-335-0390, 411-345-0080, 411-323-0010(T), 411-323-0020(T), 411-323-0030(T), 411-323-0035(T), 411-323-0040(T), 411-323-0050(T), 411-323-0060(T), 411-323-0070(T), 411-325-0020(T), 411-325-0025(T), 411-325-0060(T), 411-325-0320(T), 411-325-0460(T), 411-328-0560(T), 411-328-0570(T), 411-328-0630(T), 411-328-0740(T), 411-335-0010(T), 411-335-0020(T), 411-335-0030(T), 411-335-0060(T), 411-335-0310(T), 411-345-0010(T), 411-345-0020(T), 411-345-0030(T), 411-345-0050(T), 411-345-0100(T), 411-345-0110(T), 411-345-0130(T), 411-345-0190(T)

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

Summary: The Department of Human Services (Department) is proposing to permanently update the following rules:

      • OAR chapter 411, division 323 (Developmental Disability Certification and Endorsement);

      • OAR chapter 411, division 325 (24-Hour Residential Services);

      • OAR chapter 411, division 328 (Supported Living Services);

      • OAR chapter 411, division 335 (Proctor Care Residential Services); and

      • OAR chapter 411, division 345 (Employment and Alternatives to Employment Services).

      The proposed rulemaking permanently updates the rules to implement the July 1, 2011 adoption of the certification and endorsement rules; further prescribes standards, responsibilities, and procedures for endorsement; and centralize many of the program management requirements that were previously reflected in specific program rules. The program rules continue to exist but focus on rules specific to the operation of the respective service.

      To reflect current Department practice and standards, the proposed rulemaking also updates:

      • The 24-hour residential services rules to remove mid-cycle reviews (OAR 411-325-0080) and clarify when first aid kits must be locked (OAR 411-325-0150);

      • The supported living services rules to remove the requirement of the findings of a TB test within two weeks of an individuals entry (OAR 411-328-0630);

      • The proctor care residential services rules to remove mid-cycle reviews (OAR 411-335-0110);

      • The employment and alternatives to employment services rules to include a definition for Individual Support Plan (ISP) as it was inadvertently left out in a previous rulemaking (OAR 411-345-0020); and

      • The ISP rules in 24-hour residential services (411-325-0430) and proctor care residential services (411-335-0230) to streamline the ISP process by removing the requirement that an ISP team meet face-to-face 45 days prior to an ISP meeting. Even though the 45 day requirement is being removed, the ISP team is still expected to have conversations, although not face-to-face, and collect and summarize the information required by rule prior to the ISP meeting.

      These rules changes are being made in response to the Department’s transformation efforts and the need to generally streamline operations in order to meet and address current and future budget needs.

Rules Coordinator: Christina Hartman

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

Telephone: (503) 945-6398

 

Rule Caption: Support Services for Adults with Developmental Disabilities.

Date:                         Time:                        Location:

12-16-11               10 a.m.                    500 Summer St. NE, Rms. 137AB
                                                                           Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 409.050 & 410.070

Other Auth.: 2011 OL Ch. 621 (HB 5030)

Stats. Implemented: ORS 427.005, 427.007 & 430.610–430.695

Proposed Adoptions: 411-340-0125

Proposed Amendments: 411-320-0090, 411-320-0110, 411-340-0020, 411-340-0100, 411-340-0110, 411-340-0120, 411-340-0130, 411-340-0140, 411-340-0150

Proposed Repeals: 411-320-0090(T), 411-320-0110(T), 411-340-0100(T), 411-340-0110(T)

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

Summary: The Department of Human Services (Department) is proposing to update the support services rules in OAR chapter 411, division 340 and the Community Developmental Disability Program (CDDP) rules in OAR chapter 411, division 320 to:

      • Permanently make the receipt of support services contingent on eligibility for the federally approved Support Services Waiver in most cases and require that all individuals not eligible for the Support Services Waiver exit brokerage services. Prior to this, eligibility for the Support Services Waiver was not a requirement for support services;

      • Further define eligibility criteria for supplemental funds relating to needs associated with activities of daily living;

      • Emphasize that support funds are not meant to supplement existing and naturally occurring supports;

      • Address the role of brokerages in handling an individual in crisis;

      • As a result of adding the role of case manager to the personal agent, include timelines for informing individuals of the personal agent, establish expectations around providing protective services, and outline specific requirements around progress noting; and

      • Specifically identify rate range and expenditure guidelines.

Rules Coordinator: Christina Hartman

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

Telephone: (503) 945-6398

Department of Justice
Chapter 137

Rule Caption: Corrected notice: Implements 2011 legislative changes to child support lien rule.

Stat. Auth.: ORS 18.150 & 180.345

Stats. Implemented: ORS 18.158, 25.670 & 25.690

Proposed Amendments: 137-055-4440

Last Date for Comment: 12-22-11, 5 p.m.

Summary: OAR 137-055-4440 is being amended to reflect changes made by the 2011 legislature. In a notice of proposed rule filing on 10/5/11, the incorrect rule number (137-055-4400) was listed as the rule being amended.

      Please submit written comments by 5:00 p.m. Thursday, December 9, 2011, to Vicki Tungate, Policy Analyst, Division of Child Support, 494 State Street, Suite 300, Salem, Oregon 97301. Questions may be directed to that address or you may call (503) 986-6086.

Rules Coordinator: Carol Riches

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

Telephone: (503) 947-4700

 

Rule Caption: Protected personal information in child support orders.

Stat. Auth.: ORS 25.020 & 180.345

Stats. Implemented: ORS 25.020 & 192.820–192.858

Proposed Amendments: 137-055-1160

Last Date for Comment: 12-22-11, 5 p.m.

Summary: OAR 137-055-1160 is being amended to clarify what information is protected in a child support order.

Rules Coordinator: Carol Riches

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

Telephone: (503) 947-4700

Department of Oregon State Police
Chapter 257

Rule Caption: Align 2010 Oregon Fire Code with Building Codes Division 2010 Oregon Structural Specialty Code.

Stat. Auth.: ORS 476.030 & 2011 OL Ch. 97 (HB 2078)

Stats. Implemented: ORS 476

Proposed Amendments: 837-040-0020

Last Date for Comment: 1-21-12, 5 p.m.

Summary: Rule changes are needed to correct any immediate life threatening situations, conflicts in the codes, update references to nationally recognized standards and align the 2010 Oregon Fire Code with the 2010 Oregon Structural Specialty Code since the adoption of the 2010 OFC

Rules Coordinator: Cort Dokken

Address: Department of Oregon State Police, 255 Capitol St. NE, 4th Floor, Salem, OR 97310

Telephone: (503) 934-0228

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

Rule Caption: Correlate 2010 Oregon Fire Code with changes made by Building Codes Division to 2010 Oregon Structural Specialty Code.

Stat. Auth.: ORS 476.030

Stats. Implemented:

Proposed Amendments: 837-040-0020

Last Date for Comment: 1-21-12

Summary: Rule changes are needed to correlate the 2010 Oregon Fire Code with changes made by the Building Codes Division to the 2010 Oregon Structural Specialty Code for ADA requirements.

Rules Coordinator: Connie Dalke

Address: Department of Oregon State Police, Office of State Fire Marshal, 4760 Portland Rd. NE, Salem, OR 97305

Telephone: (503) 934-8211

Department of Public Safety Standards and Training
Chapter 259

Rule Caption: Update program eligibility dates to include grand­father clause to mirror the 1999 Act as enrolled.

Stat. Auth.: ORS 245.950

Stats. Implemented: ORS 245.950

Proposed Amendments: 259-070-0010

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

Summary: The current Public Safety Memorial Fund (PSMF) eligibility dates found in rule do not mirror the Act as it was enrolled in 1999. Section 12, Chapter 981, Oregon Laws 1999 allows for the family members of public safety officers who suffered a qualifying death after January 1, 1997, but prior to October 23, 1999 to be eligible for PSMF benefits. Although this clause was not written into statute, the eligibility dates remain as determined when the bill passed the legislature in 1999. This proposed update will add the grandfather clause to the rule, ensuring the eligibility dates are accurate.

Rules Coordinator: Linsay Hale

Address: Department of Public Safety Standards and Training, 4190 Aumsville Hwy SE, Salem, OR 97317

Telephone: (503) 378-2431

 

Rule Caption: Remove references to supervisory and middle management courses and DPSST-approved supervisory and management-level training.

Stat. Auth.: ORS 181.640, 181.644, 181.651, 181.652, 181.653, 181.654 & 181.665

Stats. Implemented: ORS 181.640, 181.644, 181.651, 181.652, 181.653, 181.654 &181.665

Proposed Amendments: 259-008-0060

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

Summary: Due primarily to budget restrictions, DPSST no longer offers or approves courses for supervisory or middle management certification levels. This rule update removes the outdated references to the supervisory and middle management courses and DPSST-approved supervisory or management-level training.

Rules Coordinator: Linsay Hale

Address: Department of Public Safety Standards and Training, 4190 Aumsville Hwy SE, Salem, OR 97317

Telephone: (503) 378-2431

 

Rule Caption: Allow for application of general polygraph examiner license if awarded a GED certificate (SB 71).

Stat. Auth.: ORS 703.230

Stats. Implemented: ORS 703.210 & 703.230

Proposed Amendments: 259-020-0015

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

Summary: This proposed rule update implements the changes to the Polygraph Examiner’s Act enacted with the passage of Senate Bill 71 during the 2011 legislative session. These changes allow for an applicant to apply for a general polygraph examiner license if they have been awarded a GED certificate. Plain language standards and minor housekeeping changes have also been made for clarity.

Rules Coordinator: Linsay Hale

Address: Department of Public Safety Standards and Training, 4190 Aumsville Hwy SE, Salem, OR 97317

Telephone: (503) 378-2431

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

Rule Caption: Licensing Processes and Proof of Medical Qualifications for a Commercial Driver License or Instruction Permit.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 802.179, 802.183, 802.200, 802.230, 807.021, 807.040, 807.050, 807.060, 807.066, 807.070, 807.080, 807.100, 807.160, 807.170, 807.340, 809.415, 809.419 & 809.440

Other Auth.: Title 49, CFR Parts 391.41–391.49 & Part 384.225

Stats. Implemented: ORS 801.163, 802.200, 802.012, 802.220, 802.230, 802.540, 807.021, 807.024, 807.040, 807.045, 807.050, 807.060, 807.066, 807.070, 807.080, 807.100, 807.150, 807.160, 807.170, 807.220, 807.230, 807.280, 807.340, 807.400, 809.419, 809.440, 825.412 & 746.265

Proposed Adoptions: 735-063-0067

Proposed Amendments: 735-001-0050, 735-010-0030, 735-062-0002, 735-062-0007, 735-062-0080, 735-062-0085, 735-062-0090, 735-062-0110, 735-062-0200, 735-063-0000, 735-063-0050, 735-063-0060, 735-063-0065

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

Summary: Beginning on January 30, 2012, changes to the federal regulations related to proof of medical qualification requirements for commercial driver license (CDL) holders and CDL instruction permit holders go into effect. The Oregon Legislature enacted Chapter 470, Oregon Laws 2011 (HB 2138). Section 2 of HB 2138 authorizes DMV to implement these changes to the federal regulations and as a result, DMV has initiated this rulemaking.

      735-001-0050 – This rule lists the circumstances under which DMV will provide administrative review of a suspension or cancellation of driving privileges. DMV proposes to amend this rule to include an administrative review if a person’s CDL or CDL instruction permit is canceled because the person fails to submit proof of medical qualification to operate a commercial motor vehicle.

      735-010-0030 – DMV proposes to amend this rule to specify that a CDL holder’s employment and non-employment driving record may contain information concerning the person’s medical qualification to operate a commercial vehicle. DMV also proposes to amend this rule to clarify that an employment driving record will contain information about a positive drug test result under ORS 825.412 only if the requestor has written permission from the person who was subject to the test. DMV proposes additional amendments to clarify the fees for searching DMV records when a requested record is not found and other changes to clarify language.

      Chapter 735, Division 62 – To further implement the changes to the federal regulations, DMV proposes to amend several rules in this division to include additional requirements when a person applies for issuance of a CDL or CDL instruction permit. These requirements include certification of driving type when applying for issuance, renewal or replacement of a CDL or CDL instruction permit, submission of proof of medical qualification when requested by DMV, and authorizing the waiver of the CDL drive test when an applicant surrenders a CDL issued by another state, a Canadian Province or Mexico DMV also proposes to remove language in OAR 735-062-0080 regarding the waiving of a drive test when an applicant submits a CDL Certificate of Test Completion since the testing is not actually waived, but rather conducted by authorized CDL third party testers. Finally, DMV proposes to amend OAR 735-062-0080 to authorize waiving a drive test for a Class C license if the applicant surrenders a license issued by a jurisdiction with which DMV has a reciprocity agreement.

      Other proposed amendments in Chapter 735, Division 62 are as follows:

      735-062-0007(1)(c), 735-062-0090(2)(a) and 735-062-0010(3)(a) – Deleted the requirement that a person provide “proof” of a Social Security Number to implement Chapter 282, Oregon Laws 2011 (HB 2139).

      735-062-0110(2) (c) – Included language to implement Chapter 297, Oregon Laws 2011 (HB 3273) which allows household members of a corrections officer or other eligible employee killed in the line of duty to use an employment address.

      OAR Chapter 735, Division 63 – The proposed amendments to this division of rules implement Section 2 of HB 2138 and align Oregon requirements with the federal regulations concerning certification of driving type and when proof of medical qualification for CDL holders and CDL instruction permit holders will be required by DMV. DMV also proposes to adopt a new rule setting forth when DMV will cancel a CDL or CDL instruction permit for failing to provide proof of medical qualification and will suspend a CDL or CDL instruction permit if the person has falsified proof of medical qualification.

      Other amendments in the above described rules are made for clarity.

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

Rules Coordinator: Lauri Kunze

Address: Department of Transportation, Driver and Motor Vehicle Services Division, 3930 Fairview Industrial Dr. SE, Salem, OR 97302

Telephone: (503) 986-3171

Department of Transportation,
Highway Division
Chapter 734

Rule Caption: Traffic Signal Approval, Installation, Modification, and Removal on State Highways.

Stat. Auth.: ORS 184.616, 184.619, 366.205, & 810.200

Stats. Implemented: ORS 810.200 & 810.210

Proposed Adoptions: 734-020-0485

Proposed Amendments: 734-020-0020, 734-020-0400, 734-020-0420, 734-020-0430, 734-020-0470, 734 020-0480, 734-020-0500

Proposed Repeals: 734-020-0025, 734-020-0032, 734-020-0034, 734-020-0135, 734 020 0140, 734-020-0440, 734-020-0450, 734-020-0460, 734-020-0490

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

Summary: The compelling reason for this rulemaking action is to make the traffic signal rules current, remove any unnecessary requirements, and to eliminate inaccurate, obscure, and cumbersome references.

      The adoption of rule 734-020-0485 establishes the design standard for installation of new, replaced, or significantly modified signal installations. The amendment of the following rules are needed: 734-020-0400 establishes the purpose for the Traffic Signals rules 734-020-0400 through 734-020-0500 for the Department of Transportation to approve the installation, modification, or removal of traffic signals. 734-020-0420 provides the definition of terms used within the Traffic Signal rules 734-020-0400 through 734-020-0500. 734-020-0430 clarifies the State Traffic Engineer approval process. Intersections shall meet MUTCD warrants unless the State Traffic Engineer finds otherwise. 734-020-0470 defines the desirable traffic signal spacing and allows State Traffic Engineer to use discretion for approval. 734-020-0480 describes the requirement for the use of traffic signal progression analysis in the traffic signal approval process. 734-020-0500 states the conditions an existing traffic signal may be removed. The repeal of the following rules are needed: 734-020-0020 list guidelines for Parking and Turn prohibitions, which are currently available in the Traffic Manual. 734-020-0025 list guidelines for U-Turn Designation, which are currently available in the Traffic Manual. 734-020-0032 list definitions referring to Portable Traffic Signals, which are part of the guidelines and equipment specifications. 734-020-0034 list the Guidelines for portable traffic signals, which is a standard specification and bid item. Guidance will be moved to an appropriate technical manual. 734-020-0135 states the General Policy for multiple right and left turns at highway intersections, which is included in the Traffic Manual. 734-020-0140 lists the Criteria for Multiple Left or Right Turn Movements, which will be included in the Traffic Manual. 734-020-0440 is the Application Procedure for Installation of Traffic Signals on State Highways at Public Roads. This is now covered under 734-020-0430. 734-020-0450 is the Application Procedure for Installation of Traffic Signals on State Highways at Private Roads. This is now covered under 734-020-0430. 734-020-0460 is Consideration for Approval of a Traffic Signal Installation, and this is included in rule 734-020-0430. 734-020-0490 is the Conditions of Approval. Warrants are under 734-020-0430 and approaches are under 734-020-0485.

Rules Coordinator: Lauri Kunze

Address: Department of Transportation, Highway Division, 3930 Fairview Industrial Dr. SE, Salem, OR 97302

Telephone: (503) 986-3171

 

Rule Caption: Authority to authorize the movement of over-dimensional loads.

Stat. Auth.: ORS 184.616, 184.619 & 823.011

Stats. Implemented: ORS 818.200, 818.220 & 818.225

Proposed Amendments: 734-070-0010, 734-082-0021

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

Summary: These rules authorize an ODOT official to impose restrictions on travel involving over-dimensional loads and vehicles in order to protect the traveling public and Oregon’s infrastructure. Historically that ODOT official has been the Chief Engineer. The Administrator of the Motor Carrier Transportation Division (MCTD) has recently been appointed to serve as the agency’s liaison responsible for freight mobility issues statewide. The MCTD Administrator in actual day to day practice is asked to make decisions for which he does not have delegated authority. The proposed amendments are needed in order to provide the Administrator of MCTD with the same authority granted the Chief Engineer in regards to oversight of the movement of oversized loads or vehicles. In addition, freight mobility issues are not always predictable, so by having a second official authorized to direct these movements, the Department gains flexibility to enable timely response to freight mobility issues.

Rules Coordinator: Lauri Kunze

Address: Department of Transportation, Highway Division, 3930 Fairview Industrial Dr. SE, Salem, OR 97302

Telephone: (503) 986-3171

 

Rule Caption: Revisions of rules in chapter 734, divisions 75 and 76.

Stat. Auth.: ORS 184.616, 184.619, 810.060 & 823.011

Stats. Implemented: ORS 818.200, 818.210, 818.220 & 818.225

Proposed Amendments: 734-075-0005, 734-075-0008, 734-075-0010, 734-075-0011, 734-075-0015, 734-075-0020, 734-075-0022, 734-075-0025, 734-075-0035, 734-075-0036, 734-075-0037, 734-075-0040, 734-075-0041, 734-075-0045, 734-075-0055, 734-075-0085, 734-076-0065, 734-076-0075, 734-076-0105, 734-076-0115, 734-076-0135, 734-076-0145, 734-076-0155, 734-076-0165, 734-076-0175

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

Summary: Division 75 rules govern the transportation of mobile homes, modular building units and chassis units on highways. The proposed amendments would:

      (1) Allow a 30-day multiple trip permit to be used under specific conditions;

      (2) Revise the axle, tire and break requirements to be uniform with the federal definition; and

      (3) Describe conditions for use of the single trip permit for combinations of vehicles that exceed the maximum allowable weight for a single non-divisible.

      Division 76 rules govern the issuance of permits allowing tow vehicles to tow oversize disabled vehicles or combinations of vehicles on state highways. The proposed amendments would:

      (1) Clarify how to apply for a permit to be used under specific conditions;

      (2) Explain requirements for a variance permit when towing other than tow commodities; and

      (3) Describe conditions for use of continuous trip permit and single trip permit when towing overweight disabled vehicles;

      In addition, rules in both divisions regarding warning flags are amended to add fluorescent orange as an additional allowed color for warning flags. Housekeeping amendments revise language to be in compliance with Secretary of State standards. The proposed rule amendments are needed to clarify the scope and intent of Division 75 and 76 rules, reflect current practices and provide uniformity for safety regulations.

Rules Coordinator: Lauri Kunze

Address: Department of Transportation, Highway Division, 3930 Fairview Industrial Dr. SE, Salem, OR 97302

Telephone: (503) 986-3171

Oregon Board of Naturopathic Medicine
Chapter 850

Rule Caption: Necessary to bring rule into compliance with ORS 676.150.

Stat. Auth.: ORS 685.125

Stats. Implemented: ORS 685.100

Proposed Amendments: 850-050-0120

Last Date for Comment: 12-22-11

Summary: OAR 850-050-0120 Clarifies the duty of Licensees and non-licensed person to report to the Board any violation of any law within 10 business days of the violation.

      OAR 850-050-0120 Is not in compliance with statute on self-reporting: ORS 676.150676.150 Duty to report prohibited or unprofessional conduct, arrests and convictions

       (2) Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, a licensee who has reasonable cause to believe that another licensee has engaged in prohibited or unprofessional conduct shall report the conduct to the board responsible for the licensee who is believed to have engaged in the conduct. The reporting licensee shall report the conduct without undue delay, but in no event later than 10 working days after the reporting licensee learns of the conduct.

       (3) A licensee who is convicted of a misdemeanor or felony or who is arrested for a felony crime shall report the conviction or arrest to the licensee’s board within 10 days after the conviction or arrest.

Rules Coordinator: Anne Walsh

Address: Oregon Board of Naturopathic Medicine, 800 NE Oregon St., Suite 407, Portland, OR 97232

Telephone: (971) 673-0193

 

Rule Caption: Necessary to assure that DEA registration includes all applicable Schedules for prescribing.

Stat. Auth.: ORS 685.125

Stats. Implemented: ORS 685.145

Proposed Amendments: 850-060-0215

Last Date for Comment: 12-22-11

Summary: DEA registration needs to include IIN, since NDs can prescribe for this Schedule.

Rules Coordinator: Anne Walsh

Address: Oregon Board of Naturopathic Medicine, 800 NE Oregon St., Suite 407, Portland, OR 97232

Telephone: (971) 673-0193

Oregon Business Development Department
Chapter 123

Rule Caption: The Special Public Works Fund rules are amended to reflect HB 2069 from the 2011 Legislative Session.

Stat. Auth.: ORS 285A.075 & 285A.419

Stats. Implemented: ORS 285B.410–285B.482

Proposed Amendments: 123-042-0026, 123-042-0045

Last Date for Comment: 12-22-11

Summary: The Special Public Works Fund rules are amended to conform for HB 2069 passed in the 2011 Legislative Session. Loan repayment period has been extended from 25 years to 30 years.

Rules Coordinator: Mindee Sublette

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

Telephone: (503) 986-0036

 

Rule Caption: These rules are being amended to correct small errors made.

Stat. Auth.: ORS 285A.075

Stats. Implemented: ORS 285B.050–285B.098

Proposed Amendments: 123-475-0012, 123-475-0025, 123-475-0030

Last Date for Comment: 12-22-11

Summary: These rules are being amended due to small spelling errors and the addition of the word “compatible” in 123-475-0030.

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: Special Education Responsibilities for Students in Charter Schools.

Date:                         Time:                        Location:

1-4-12                     1 p.m.                       255 Capitol St. NE, Rm. 251A
                                                                           Salem, OR 97310

Hearing Officer: Cindy Hunt

Stat. Auth.: ORS 338.165, 343.014, 343.041, 343.045, 343.055, 343.157

Stats. Implemented: ORS 338.165, 343.221, 343.155, 343.041, 339.115, 343.045, 343.157, 34 CFR 300.137 & 139, 34 CFR 300.101, 34 CFR 300.209, 34 CFR 300.111

Proposed Amendments: 581-015-2005, 581-015-2010, 581-015-2040, 581-015-2075, 581-015-2080

Last Date for Comment: 1-4-12, 5 p.m.

Summary: Shifts student special education responsibilities from resident school district to the district in which the charter school is located if student is enrolled in a charter school in another school district from which the student resides.

Rules Coordinator: Diane Roth

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

Telephone: (503) 947-5791

 

Rule Caption: Interdistrict Transfers.

Stat. Auth.: ORS 326.051

Stats. Implemented: ORS 339.133

Proposed Amendments: 581-021-0019

Last Date for Comment: 1-4-12, 5 p.m.

Summary: Clarifies that Interdistrict Transfer Rule does not apply to transfers under House Bill 3681.

Rules Coordinator: Diane Roth

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

Telephone: (503) 947-5791

 

Rule Caption: Private School Registration.

Stat. Auth.: ORS 345.535, 326.215, 339.030, 343.055, 345.535, 433.245, 453.205, 453.255, 326.603, 339.372, 339.375 & 339.377

Stats. Implemented: ORS 345.515, 345.525, 345.535, 326.603, 339.372, 339.375, 339.377 & 345.555

Proposed Repeals: 581-045-0500, 581-045-0505, 581-045-0510, 581-045-0515, 581-045-0520, 581-045-0522, 581-045-0525, 581-045-0530, 581-045-0535, 581-045-0538, 581-045-0540, 581-045-0545, 581-045-0550, 581-045-0555, 581-045-0560, 581-045-0565, 581-045-0570, 581-045-0580

Last Date for Comment: 1-4-12, 5 p.m.

Summary: Repeal of rules relating to registration of private schools implements SB 26 (2011). Private schools still must follow certain laws such as student records and child abuse reporting policies.

Rules Coordinator: Diane Roth

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

Telephone: (503) 947-5791

 

Rule Caption: Modifies rule relating to criminal background checks of private school employees, implementing legislation from 2011.

Stat. Auth.: ORS 326.603

Stats. Implemented: ORS 326.603

Proposed Amendments: 581-045-0586

Last Date for Comment: 1-4-12, 5 p.m.

Summary: Implements legislation which amended list of crimes which prohibit person if committed from becoming school employee.

Rules Coordinator: Diane Roth

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

Telephone: (503) 947-5791

 

Rule Caption: Modifies rule relating to public school employee criminal background checks, implementing 2011 legislation.

Stat. Auth.: ORS 326.603

Stats. Implemented: ORS 326.603

Proposed Amendments: 581-021-0500

Last Date for Comment: 1-4-12, 5 p.m.

Summary: Implements legislation which amended list of crimes which prohibit person if committed from becoming school employee.

Rules Coordinator: Diane Roth

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

Telephone: (503) 947-5791

Oregon Health Authority
Chapter 943

Rule Caption: Abuse Reporting and Protective Services for Individuals in State Hospitals

Stat. Auth.: ORS 179.040 & 413.042

Other Auth.: HB 2009 (2009 OL Ch. 595 Sec. 19–25)

Stats. Implemented: ORS 179.390, 426.385, 427.031, 430.210, 430.735–430.768

Proposed Adoptions: 943-045-0400, 943-045-0410, 943-045-0420, 943-045-0430, 943-045-0440, 943-045-0450, 943-045-0460, 943-045-0470, 943-045-0480, 943-045-0490, 943-045-0500, 943-045-0510, 943-045-0520

Proposed Repeals: 943-045-0400(T), 943-045-0410(T), 943-045-0420(T), 943-045-0430(T), 943-045-0440(T), 943-045-0450(T), 943-045-0460(T), 943-045-0470(T), 943-045-0480(T), 943-045-0490(T), 943-045-0500(T), 943-045-0510(T), 943-045-0520(T)

Last Date for Comment: 12-20-11, 5 p.m.

Summary: HB 2009 (2009) created the Oregon Health Authority (Authority) and transferred to the Authority the Department of Human Services’ (Department) Divisions with respect to health and health care. Effective July 1, 2011 the Authority is adopting its own operational and programmatic rules as a part of the operational transfer from functions previously performed by the Department as result of HB 2009(2009).

      With the creation of a new agency, the state hospitals serving individuals with mental illness moved to the Authority. These rules are needed to reflect the separation of the Department of Human Services and Oregon Health Authority.

Rules Coordinator: Evonne Alderete

Address: Oregon Health Authority, 500 Summer St. NE, Salem, OR 97301

Telephone: (503) 932-9663

Oregon Health Authority,
Division of Medical Assistance Programs
Chapter 410

Rule Caption: 10/11 Changes to January 1, 2011–December 31, 2012 Health Services Commission’s Prioritized List.

Stat. Auth.: ORS 192.527, 192.528, 413.042 & 414.065

Stats. Implemented: ORS 414.065

Proposed Amendments: 410-141-0520

Last Date for Comment: 12-18-11, Close of Business

Summary: Ref.#: 141 PR 278 1211. Oregon Health Plan (OHP-Managed Care).

      The OHP Program administrative rules govern the Division of Medical Assistance Programs’ payments for services provided to clients. The Division needs to permanently amend 410-141-0520 to reference the Oregon Health Services Commission’s Prioritized List of Health Services’ January 1, 2011–December 31, 2012, Prioritized List of Health Services effective October 1, 2011, including interim modifications and technical changes made for 2009 national code set.

      Proposed rules are available on the Division’s website: http://www.dhs.state.or.us/policy/healthplan/rules/notices.html

      For hardcopy requests, call: (503) 947-5081

Rules Coordinator: Darlene Nelson

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

Telephone: (503) 945-6927

Oregon Health Authority,
Office for Oregon Health Policy and Research
Chapter 409

Rule Caption: Amendments to the Pain Management Commission Rules.

Stat. Auth.: ORS 409.570

Stats. Implemented: ORS 409.500–409.570

Proposed Amendments: 409-050-0130

Proposed Repeals: 409-050-0130(T)

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

Summary: The Oregon Health Authority, Office for Oregon Health Policy and Research is implementing amendments to the Pain Management Commission rules to clarify pain management education program requirements for dentists licensed by the Oregon Board of Dentistry.

Rules Coordinator: Zarie Haverkate

Address: Oregon Health Authority, Office for Oregon Health Policy and Research, 1225 Ferry St. SE, Salem, OR 97301

Telephone: (503) 373-1574

Oregon Health Authority,
Public Health Division
Chapter 333

Rule Caption: Revisions to the Breast and Cervical Cancer Program (BCCP) eligibility and presumptive treatment enrollment rules.

Date:                         Time:                        Location:

12-16-11               2:30 p.m.               Portland State Office Bldg.
                                                                           800 NE Oregon St., Rm. 368
                                                                           Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 413.042 & 414.540­

Other Auth.: SB 433 (2011 OL Ch. 555)

Stats. Implemented: ORS 413.042, 414.534 & 414.536

Proposed Adoptions: 333-010-0197

Proposed Amendments: 333-010-0100, 333-010-0105, 333-010-0110, 333-010-0115, 333-010-0130

Last Date for Comment: 12-22-11, 5 p.m.

Summary: The Oregon Health Authority, Public Health Division, Office of Family Health is proposing to amend and adopt administrative rules in chapter 333, division 10 pertaining to the Breast and Cervical Cancer Program (BCCP). These rule changes reflect two changes to the BCCP OARs:

      (1) Women age 39 or under displaying cervical cancer symptoms can now access screening and diagnostic services through the program.

      (2) Women who have received qualified breast and/or cervical cancer diagnoses, including certain pre-cancerous conditions, outside of BCCP but meet BCCP eligibility criteria can now receive medical assistance through the Breast and Cervical Cancer Treatment Program.

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,
Board of Licensed Dietitians
Chapter 834

Rule Caption: Standardization with other professions regulated by OHLA and make the temporary rule permanent.

Stat. Auth.: OL Ch. 630, ORS 691, 676.605, 676.606, 676.607, 676.608, 676.615, 691.405, 691.415, 691.435, 619.445, 691.165 & 691.485

Stats. Implemented: OL Ch. 630, ORS 691.405, 691.415, 691.435, 619.445, 691.165 & 691.485

Proposed Adoptions: 834-020-0000, 834-030-0000, 834-030-0010, 834-040-0000, 834-050-0000, 834-050-0010, 834-060-0000, 834-060-0010

Proposed Repeals: 834-001-0000, 834-001-0005, 834-010-0005, 834-010-0010, 834-010-0015, 834-010-0019, 834-010-0025, 834-010-0030, 834-010-0035, 834-010-0040, 834-010-0045, 834-010-0050(T), 834-010-0050, 834-010-0055, 834-010-0065

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

Summary: Passage of Senate Bill 939 (Oregon Laws 2011, Chapter 630) by the 2011 Legislature brought the Board of Licensed Dietitians under the administration of the Oregon Health Licensing Agency (Agency). Section 12 of the enrolled version of Senate Bill 939 gives the Agency the authority to establish fees by rule. The statute states that the license is valid for one year. It was necessary to amend OAR 834-010-0050 to align with the statute. A temporary rule was put into place to address the issue. Temporary Rule 834-010-0050(T), will be made permanent with these administrative rules.

      New divisions were created for the administrative rules which specifically addressed definitions, application requirements, license issuance and renewal, standards of practice and professional conduct, continuing education requirements, and fees.

      Rule changes are necessary to standardize and streamline rules for consistency with other professions regulated by OHLA and to allow for the adoption of rules that will align with current industry, agency and statewide rulemaking standards and principles.

Rules Coordinator: Samantha Patnode

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

Telephone: (503) 373-1917

Oregon Medical Board
Chapter 847

Rule Caption: Authorizes a Board employee to appear for the Board in civil penalty contested case hearings.

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 183.452

Proposed Adoptions: 847-001-0007

Last Date for Comment: 12-21-11

Summary: The proposed rule authorizes an employee of the Oregon Medical Board to appear on behalf of the Board in civil penalty contested case hearings conducted due to violations of 847-008-0065, 847-012-0000, and 847-015-0025.

Rules Coordinator: Malar Ratnathicam

Address: Oregon Medical Board, 1500 SW 1st Ave., Suite 620, Portland, OR 97201

Telephone: (971) 673-2713

 

Rule Caption: Fees added for supervising physician applications and criminal records checks.

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.265

Proposed Amendments: 847-005-0005

Last Date for Comment: 12-21-11

Summary: The proposed rule amendment adds a fee of $225 for a supervising physician application and $52 for a criminal records check.

Rules Coordinator: Malar Ratnathicam

Address: Oregon Medical Board, 1500 SW 1st Ave., Suite 620, Portland, OR 97201

Telephone: (971) 673-2713

 

Rule Caption: Supervising physicians required to update existing practice agreements during registration.

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.175, 677.265, 677.510

Proposed Amendments: 847-008-0040

Last Date for Comment: 12-21-11

Summary: SB 224, passed by the 2011 Legislature, requires practice agreements to be updated every 2 years. This rule amendment clarifies when a supervising physician must provide the practice agreement update to the board.

Rules Coordinator: Malar Ratnathicam

Address: Oregon Medical Board, 1500 SW 1st Ave., Suite 620, Portland, OR 97201

Telephone: (971) 673-2713

 

Rule Caption: Requires applicants and licensees to pay a criminal records check fee.

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.265(9), 181.534

Proposed Amendments: 847-020-0155

Last Date for Comment: 12-21-11

Summary: Rule adds the requirement that an applicant or licensee must pay a criminal records check fee.

Rules Coordinator: Malar Ratnathicam

Address: Oregon Medical Board, 1500 SW 1st Ave., Suite 620, Portland, OR 97201

Telephone: (971) 673-2713

 

Rule Caption: Adds requirements for EMT supervising physicians.

Stat. Auth.: ORS 682.245

Stats. Implemented: ORS 682.245

Proposed Amendments: 847-035-0020

Last Date for Comment: 12-21-11

Summary: The proposed rule amendment adds initial requirements for qualifications and requirements for ongoing education for supervising physicians.

Rules Coordinator: Malar Ratnathicam

Address: Oregon Medical Board, 1500 SW 1st Ave., Suite 620, Portland, OR 97201

Telephone: (971) 673-2713

 

Rule Caption: Changes to the First Responder and the EMT-Intermediate scope of practice.

Stat. Auth.: ORS 682.245

Stats. Implemented: ORS 682.245

Proposed Amendments: 847-035-0030

Last Date for Comment: 12-21-11

Summary: The proposed rule amendments replace care for “soft tissue injuries” and “suspected fractures” with care for “musculoskeletal injuries” under the First Responder scope of practice and add tuberculosis skin testing as part of an agency’s occupational health program to the EMT-Intermediate scope of practice.

Rules Coordinator: Malar Ratnathicam

Address: Oregon Medical Board, 1500 SW 1st Ave., Suite 620, Portland, OR 97201

Telephone: (971) 673-2713

 

Rule Caption: Changes to physician assistant practice and licensing rules per SB 224.

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 58.185, 409.560, 677.132, 677.190, 677.205, 677.265, 677.470 & 677.495–677.545

Proposed Amendments: 847-050-0005, 847-050-0010, 847-050-0015, 847-050-0020, 847-050-0023, 847-050-0025, 847-050-0026, 847-050-0027, 847-050-0029, 847-050-0035, 847-050-0037, 847-050-0038, 847-050-0040, 847-050-0041, 847-050-0042, 847-050-0043, 847-050-0046, 847-050-0050, 847-050-0055, 847-050-0060, 847-050-0063, 847-050-0065

Last Date for Comment: 12-21-11

Summary: The proposed rule amendment clarifies the requirements of physician assistants and supervising physicians based on the statutory changes made by SB 224. SB 224, passed by the 2011 Legislature, changed the practice standards and licensing procedures for physician assistants. These changes required changes to Division 050 of the Oregon Medical Board rules governing physician assistants.

      The new law separates physician assistant licenses from employment and the Oregon Medical Board no longer approves the physician assistant/supervising physician relationship or “practice agreement” contents. The proposed rule changes explain the requirements established by the new law and establishes the process for licensure, practice, and supervision of physician assistants, including: approval by the Board of supervising physicians; supervision requirements; physician assistant methods and requirements of practice; physician assistant prescription privileges and requirements; practice agreement contents and requirements; procedures for changes to practice and termination of practice agreements; and the roll of the Oregon Medical Board’s Physician Assistant Advisory Committee.

Rules Coordinator: Malar Ratnathicam

Address: Oregon Medical Board, 1500 SW 1st Ave., Suite 620, Portland, OR 97201

Telephone: (971) 673-2713

Oregon State Marine Board
Chapter 250

Rule Caption: Proposed changes to the Aquatic Invasive Species Prevention Program.

Date:                         Time:                        Location:

12-28-11               5 p.m.                       Marine Board
                                                                           435 Commercial St.
                                                                           Salem, OR

Hearing Officer: Glenn Dolphin

Stat. Auth.: ORS 830.110

Other Auth.: HB 3121 & HB 3399

Stats. Implemented: ORS 830.565–830.585 & 570.855

Proposed Adoptions: 250-010-0660

Proposed Amendments: 250-010-0650

Last Date for Comment: 12-31-11, 5 p.m.

Summary: Potential changes to the Aquatic Invasive Species Program rule may include the requirement to produce a permit for inspection when asked by law enforcement. Aquatic Invasive Species Inspection Program rule will be adopted to formally direct the approved activity at a check station when open. Specific check station activities will be outlined to maintain the legal administrative search component of the regulation.

Rules Coordinator: June LeTarte

Address: Oregon State Marine Board, P.O. Box 14145, Salem, OR 97309-5065

Telephone: (503) 378-2617

 

Rule Caption: Allow removal of invasive species as an approved activity within the Adopt-a-River Program.

Date:                         Time:                        Location:

12-28-11               4 p.m.                       Marine Board
                                                                           435 Commercial St.
                                                                           Salem, OR

Hearing Officer: Glenn Dolphin

Stat. Auth.: ORS 830.110

Other Auth.: HB 3157

Stats. Implemented: ORS 830.055

Proposed Amendments: 250-017

Last Date for Comment: 12-31-11, 5 p.m.

Summary: Proposed changes to the Adopt-a-River Program will be to identify a list of invasive species that are approved for removal by groups participating in the program, along with protocols to follow and the development of best management practices to guide program activity.

Rules Coordinator: June LeTarte

Address: Oregon State Marine Board, P.O. Box 14145, Salem, OR 97309-5065

Telephone: (503) 378-2617

 

Rule Caption: Maintenance Assistance Program Update.

Date:                         Time:                        Location:

1-5-12                     7 p.m.                       City of Oregon City, City Hall
                                                                           625 Center St.
                                                                           Oregon City, OR 97045

Hearing Officer: Wayne Shuyler

Stat. Auth.: ORS 830.110 & 830.150

Stats. Implemented: ORS 830.150

Proposed Amendments: 250-014-0001, 250-014-0004

Last Date for Comment: 1-6-12, Close of Business

Summary: The purpose of the rule action is to modify and consolidate current MAP rules. Housekeeping and technical corrections to the regulations may occur to ensure rule consistency.

Rules Coordinator: June LeTarte

Address: Oregon State Marine Board, P.O. Box 14145, Salem, OR 97309-5065

Telephone: (503) 378-2617

Public Utility Commission
Chapter 860

Rule Caption: In the Matter of Revisions to OAR 860-038-0480 to Implement “Cool Schools.”

Stat. Auth.: ORS 183, 756 & 757

Stats. Implemented: ORS 756.040 & 757.600–757.667

Proposed Amendments: 860-038-0480

Last Date for Comment: 12-23-11, 5 p.m.

Summary: This rulemaking permanently adopts the temporary amendments (PUC 8-2011) to OAR 860-038-0480 to implement ORS 757.612 as amended by House Bill 2960 known as the Governor’s Cool Schools Bill. The changes to the rule reflect the change to distributing public purpose funding directly to school districts rather than to education service districts and the requirements that utilities pay the Oregon Department of Energy directly for the administration costs of the program.

Rules Coordinator: Diane Davis

Address: Public Utility Commission of Oregon, PO Box 2148, Salem, OR 97308

Telephone: (503) 378-4372

Public Utility Commission,
Board of Maritime Pilots
Chapter 856

Rule Caption: Expands the number of qualifying continuing professional development courses and adds safety training.

Stat. Auth.: ORS 776 & 670

Stats. Implemented: ORS 776.115 & 670.310

Proposed Adoptions: 856-010-0027

Proposed Amendments: 856-010-0015

Last Date for Comment: 12-23-11

Summary: Continuing professional development (CPD) requirements were first adopted in 2000 and were changed effective April 27, 2010. The original CPD requirements were deleted from the Renewal of License rules and incorporated into a new rule as an expanded list of approved topics from which licensees can choose to comply with requirements for annual license renewals. By correspondence of October 11, 2011, Legislative Council advised that the Board failed to submit a copy of the adopted rules within the 10-day period as required by ORS 183.715(1). The pervious rulemaking is being re-noticed to comply.

Rules Coordinator: Susan Johnson

Address: Public Utility Commission, Board of Maritime Pilots, 800 NE Oregon St., Suite 507, Portland, OR 97232

Telephone: (971) 673-1530

Secretary of State,
Elections Division
Chapter 165

Rule Caption: Amends Rules Regarding Campaign Finance Regulation and Repeals Rule Regarding Slate Mailer Organizations.

Stat. Auth.: ORS 246.150, 260.046, 260.156 & 260.200

Stats. Implemented: ORS 260.005, 260.007, 260.035, 260.037, 260.038, 260.039, 260.041, 260.042, 260.043, 260.044, 260.045, 260.046, 260.049, 260.054, 260.055, 260.056, 260.057, 260.076, 260.078, 260.083, 260.085, 260.102, 260.112, 260.118, 260.156 & 260.232

Proposed Amendments: 165-012-0005, 165-012-0240

Proposed Repeals: 165-012-0060

Last Date for Comment: 12-23-11, Close of Business

Summary: OAR 165-012-0005 is proposed rule amendment designates the 2012 Campaign Finance Manual and associated forms as the procedures and forms used for compliance with campaign finance regulations.

      To request a copy of the draft 2012 Campaign Finance Manual please contact Summer Davis, Compliance Specialist, phone 503-986-1518; fax 503-373-7414; or e-mail summer.s.davis@state.or.us

      OAR 165-012-0240 is proposed for amendment to add reference to petition committees, as well as incorporate technical changes made by the 2011 Legislative Assembly to the process of administratively discontinuing a political committee.

      OAR 165-012-0060 is proposed for repeal because the 2011 Legislative Assembly repealed ORS 260.735 and 260.737 requiring slate mailer organizations to file a statement of organization and the requirement of specific disclosures on a slate mailer.

Rules Coordinator: Brenda Bayes

Address: Secretary of State, Elections Division, 255 Capitol St. NE, Suite 501, Salem, OR 97310

Telephone: (503) 986-1518

 

Rule Caption: Adopts the 2012 Initiative and Referendum Manuals, Recall Manual and Referral Manual.

Stat. Auth.: ORS 264.120, 246.150 & 250.015

Stats. Implemented: ORS 264.120, 246.150 & 250.015

Proposed Amendments: 165-014-0005

Last Date for Comment: 12-23-11, Close of Business

Summary: This proposed rule amendment designates the 2012 State Initiative and Referendum Manual; 2012 Recall Manual; and the 2012 County, City and District Initiative and Referendum Manual and associated forms as the procedures and forms to be used for the initiative, referendum and recall processes. In addition this proposed rule amendment designates the 2012 County, City and District Referral Manual to be used for the local referral process.

      To request a copy of the draft 2010 State Initiative and Referendum Manual; 2010 Recall Manual; 2010 County Initiative and Referendum Manual, or the 2010 County, City and District Referral Manual please contact Summer Davis, Compliance Specialist, phone 503-986-1518; fax 503-373-7414; or e-mail summer.s.davis@state.or.us

Rules Coordinator: Brenda Bayes

Address: Secretary of State, Elections Division, 255 Capitol St. NE, Suite 501, Salem, OR 97310

Telephone: (503) 986-1518

 

Rule Caption: Repeal of Rule Regarding Multiple Political Party Designations on General Election Ballot.

Stat. Auth.: ORS 246.150

Stats. Implemented: ORS 254.135

Proposed Repeals: 165-007-0320

Last Date for Comment: 12-23-11, Close of Business

Summary: This rule is being repealed because some of the specific circumstances that led to the rule’s adoption have changed. Changes in voting systems have occurred in some counties in the state. Additionally, questions remain as to whether any county will be able to strictly comply with the cross-nomination law as written. The Secretary of State will be seeking legislative changes to the cross-nomination law during the 2012 legislative session.

Rules Coordinator: Brenda Bayes

Address: Secretary of State, Elections Division, 255 Capitol St. NE, Suite 501, Salem, OR 97310

Telephone: (503) 986-1518

 

Rule Caption: Repeals the City and District Elections Manuals.

Stat. Auth.: ORS 246.120 & 246.150

Stats. Implemented: ORS 246.120 & 246.150

Proposed Repeals: 165-020-0005

Last Date for Comment: 12-23-11, Close of Business

Summary: This rule is proposed for repeal because the contents of the City Elections Manual and the District Elections Manual as well as associated forms have been incorporated into either the 2012 Candidates Manual or the 2012 County, City and District Initiative and Referendum Manual which are adopted under OAR 165-010-0005 and OAR 165-014-0005.

Rules Coordinator: Brenda Bayes

Address: Secretary of State, Elections Division, 255 Capitol St. NE, Suite 501, Salem, OR 97310

Telephone: (503) 986-1518

 

Rule Caption: Amending Rules Regarding Contested Case Hearings.

Stat. Auth.: ORS 246.150

Stats. Implemented: ORS 260.232 & 260.995

Proposed Amendments: 165-001-0015, 165-001-0016, 165-001-0025, 165-001-0034

Last Date for Comment: 12-23-11, Close of Business

Summary: OAR 165-001-0015 is proposed for amendment to update the method by which a person subject to a penalty under ORS 260.232 or ORS 260.995 will be notified of that penalty and to require that the notification include notice that a political committee may be represented by any officer identified in the most recent statement of organization filed with the filing officer.

      OAR 165-001-0016 is proposed for amendment to require an individual requesting a contested case hearing in person or by telephone to submit to the Secretary of State Elections Division a signed Hearing Request Form. Additionally the rule is proposed for amendment to provide that if a person fails to indicate their preference for the type of hearing to be conducted, the hearing will be held by telephone.

      OAR 165-001-0025 is proposed for amendment to clarify the deadline to request a hearing.

      OAR 165-001-0034 is proposed for amendment to incorporate references to a Hearing Request Form when an individual is submitting notarized testimony in lieu of a contested case hearing.

Rules Coordinator: Brenda Bayes

Address: Secretary of State, Elections Division, 255 Capitol St. NE, Suite 501, Salem, OR 97310

Telephone: (503) 986-1518

 

Rule Caption: Updating Candidate and Minor Party Manuals and Procedures for Filling a Legislative Vacancy.

Stat. Auth.: ORS 171.051, 171.060, 246.120, 246.150, 249.009 & 249.200

Stats. Implemented: ORS 171.060, 246.120, 246.150 & 249.009

Proposed Amendments: 165-010-0005, 165-010-0060

Proposed Repeals: 165-010-0085

Last Date for Comment: 12-23-11, Close of Business

Summary: OAR 165-010-0005 is proposed for amendment to designate the 2012 Candidate’s Manual and associated forms as the procedures and forms used by candidates filing and running for elected office. In addition this rule designates the 2012 Minor Political Party Formation and Candidate Nomination Manual as the procedures and forms to be used to form a Minor Political Party and nominate candidates for elective office.

      To request a copy of the draft 2012 Candidate’s Manual or the 2012 Minor Political Party Formation and Candidate Nomination Manual please contact Summer Davis, Compliance Specialist, phone 503-986-1518; fax 503-373-7414; or e-mail summer.s.davis@state.or.us

      OAR 165-010-0060 is proposed for amendment to incorporate changes made to the forms that a nominee to fill a legislative vacancy would file indicating their willingness to serve if appointed.

      OAR 165-010-0085 is proposed for repeal because it has been incorporated into OAR 165-010-0060.

Rules Coordinator: Brenda Bayes

Address: Secretary of State, Elections Division, 255 Capitol St. NE, Suite 501, Salem, OR 97310

Telephone: (503) 986-1518

 

Rule Caption: Amendment to Penalty Matrices for Non-Campaign Finance Violations and Other Campaign Finance Violations.

Stat. Auth.: ORS 246.150 & 260.200

Stats. Implemented: ORS 260.200, 260.215, 260.232 & 260.995

Proposed Amendments: 165-013-0010, 165-013-0020

Last Date for Comment: 12-23-11, Close of Business

Summary: OAR 165-013-0010 is proposed for amendment to remove from the Penalty Matrix for Campaign Finance Civil Penalty Election Law Violation the penalty for a slate mailer organization to file a statement of organization. This provision was repealed by the 2011 Legislative Assembly.

      OAR 165-013-0020 is proposed for amendment to clarify the penalty for violating ORS 260.567 to $250 for each occurrence.

Rules Coordinator: Brenda Bayes

Address: Secretary of State, Elections Division, 255 Capitol St. NE, Suite 501, Salem, OR 97310

Telephone: (503) 986-1518

 

Rule Caption: Amendment of Secret Ballot Waiver Form and Process to Allow for Receipt by Email.

Stat. Auth.: ORS 246.150

Stats. Implemented: ORS 253.690 & 2011 OL Ch. 294 (HB 3074)

Proposed Amendments: 165-007-0300

Last Date for Comment: 12-23-11, Close of Business

Summary: This rule is proposed for amendment to incorporate changes made by the 2011 Legislative Assembly that allow a long term absent elector who is serving in or has been discharged for not more than 30 days from the Armed Forces or the Merchant Marine to use to waive their right to a secret ballot when casting a ballot using electronic mail.

Rules Coordinator: Brenda Bayes

Address: Secretary of State, Elections Division, 255 Capitol St. NE, Suite 501, Salem, OR 97310

Telephone: (503) 986-1518

Teacher Standards and Practices Commission
Chapter 584

Rule Caption: Adopts new program approval rules as part of new division 18, amends rules in divisions 36, 60, 70 & 80, clarifies License of Conditional assignment language in division 100 and various housekeeping issues.

Date:                         Time:                        Location:

1-4-12                     1 p.m.                       TSPC Office
                                                                           250 Division St. NE
                                                                           Salem, OR 97301

Hearing Officer: Lynn Beaton

Stat. Auth.: ORS 342

Stats. Implemented: ORS 342.120–342.430, 342.455–342.495 & 342.553

Proposed Adoptions: 584-018-0205, 584-018-0305, 584-018-0310, 584-025-0006, 584-025-0011, 584-025-0016, 584-025-0020, 584-025-0025, 584-025-0030

Proposed Amendments: 584-036-0010, 584-060-0002, 584-070-0112, 584-070-0132, 584-070-0271, 584-070-0431, 584-080-0151, 584-080-0152, 584-100-0011, 584-100-0016, 584-100-0021, 584-100-0026, 584-100-0031, 584-100-0038

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

Summary: ADOPT: 584-018-0205 – Standards for Administrator Licensure – Adopts standards for administrator licenses.

      584-018-0305 – Knowledge, Skills, Abilities, Cultural Competencies and Professional Dispositions for Initial School Counselor License – New standards to align with the national School Counselor Standards.

      584-018-0310 – Knowledge, Skills, Abilities, Cultural Competencies and Professional Dispositions for Continuing School Counselor License – New standards to align with the national School Counselor Standards.

      584-025-0006 – Pertaining to the Educator Preparation Improvement Fund – New division rule clarifying the Educator Preparation Fund.

      584-025-0011 – Definitions – New definitions for rules 584-025-0005 to 584-025-0030.

      584-025-0016 – Eligibility – Rule clarifies eligibility for the Educator Improvement grant.

      584-025-0020 – Grant Application – Clarifies the grant application process and the monetary limits of the grants.

      584-025-0025 – Grant Application Criteria – Clarifies the grant application criteria.

      584-025-0030 – Evaluation – Clarifies the requirement that the consortium submit a written evaluation report for the Commission.

      584-100-0017 – Highly Qualified Elementary Teachers Teaching Title I or Remedial Reading – Clarifies requirements for all elementary teachers who teach Title 1 or remedial Reading.

      AMEND: 584-036-0010 – Personnel Required to Hold Licenses, Certificates or Charter School Registrations – Amends rule to include scope of administrator licensure changes.

      584-060-0002 – Definitions for Division 60 – Clarifies waiver of Basic Skills Tests (7) in lieu of a Master’s Degree.

      584-070-0112 – Restricted Transitional School Counselor License – Amends subsection (6)(a). Emergency School Counselor Licenses may be issued for up to one year at the Executive Director’s discretion.

      584-070-0132 – Emergency School Counselor License – Housekeeping edits.

      584-070-0271 – Transitional School Psychologist License for First Time Out-of-State Applicants – Aligns the Transitional School Psychologist License with the Transitional School Counseling and School Social Worker Licenses.

      584-070-0431 – Transitional School Social Worker License for First Time Out-of-State Applicants – Housekeeping edit.

      584-080-0151 – Transitional Administrator License for First Time Out-of-State Applicants – Clarifies Transitional Administrator license valid for only one year and applicant must hold an unrestricted administrator license from another state.

      584-080-0152 – Transitional Superintendent License for First Time Out-of-State Applicants – Clarifies applicant must hold an unrestricted administrator license from another state and have 5 years or more employment as a superintendent on a license valid for the assignment before holding an Oregon license.

      584-100-0011 – Highly Qualified Elementary Teacher New to the Profession – Clarifies that multiple subjects are only considered highly qualified in grades K–6.

      584-100-0016 – Highly Qualified Elementary Teacher Not New to the Profession – Clarifies that multiple subjects are only considered highly qualified in grades K–6.

      584-100-0021 – Highly Qualified Middle Teacher New to the Profession – Removes reference to Conditional Assignment Permit (CAP) and inserts License of Conditional Assignment (LCA).

      584-100-0026 – Highly Qualified Middle Teacher Not New to the Profession – Removes reference to Conditional Assignment Permit (CAP) and inserts License of Conditional Assignment (LCA).

      584-100-0031 – Highly Qualified Secondary Teacher New to the Profession – Removes reference to Conditional Assignment Permit (CAP) and inserts License of Conditional Assignment (LCA).

      584-100-0038 – HOUSSE for Middle Level and High School Teachers – Removes reference to Conditional Assignment Permit (CAP) and inserts License of Conditional Assignment (LCA).

Rules Coordinator: Lynn Beaton

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

Telephone: (503) 373-0981

 

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, 2010.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

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