Oregon Bulletin
NOTICES OF PROPOSED RULEMAKING AND
PROPOSED RULEMAKING HEARINGS
The following agencies provide Notice of Proposed Rulemaking to offer interested parties reasonable opportunity to submit data or views on proposed rulemaking activity. To expedite the rulemaking process, many agencies have set the time and place for a hearing in the notice. Copies of rulemaking materials may be obtained from the Rules Coordinator at the address and telephone number indicated.
Public comment may be submitted in writing directly to an agency or presented orally or in writing at the rulemaking hearing. Written comment must be submitted to an agency by 5:00 p.m. on the Last Day for Comment listed, unless a different time of day is specified. Written and oral comments may be submitted at the appropriate time during a rulemaking hearing as outlined in OAR 137-001-0030.
Agencies providing notice request public comment on whether other options should be considered for achieving a proposed administrative rule's substantive goals while reducing negative economic impact of the rule on business.
In Notices of Proposed Rulemaking where no hearing has been set, a hearing may be requested by 10 or more people or by an association with 10 or more members. Agencies must receive requests for a public rulemaking hearing in writing within 21 days following notice publication in the Oregon Bulletin or 28 days from the date notice was sent to people on the agency mailing list, whichever is later. If sufficient hearing requests are received by an agency, notice of the date and time of the rulemaking hearing must be published in the Oregon Bulletin at least 14 days before the hearing.
*Auxiliary aids for persons with disabilities are available upon advance request. Contact the agency Rules Coordinator listed in the notice information.
Rule Caption: 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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 |