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Oregon Bulletin

December 1, 2012

 

NOTICES OF PROPOSED RULEMAKING AND
PROPOSED RULEMAKING HEARINGS

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

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

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

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

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


 

Appraiser Certification and Licensure Board, Chapter 161

Rule Caption: Revisions to appraiser licensing and AMC registration requirements, and appraiser and AMC enforcement

Date: Time: Location:

1-28-13  9 a.m. 3000 Market St. NE #541  Salem, OR

Hearing Officer: Daneene Fry

Stat. Auth.: ORS 183.355, ORS 674.305(7) & ORS 674.310

Other Auth.: Title XI of the Federal Financial Reform, Recovery & Enforcement Act of 1989 (12 USC 3310 et seq.), & Federal Dodd-Frank Wall Street Reform & Consumer Protection Act (H.R. 4173 ) of 2010

Stats. Implemented: ORS 674

Proposed Adoptions: 161-006-0155, 161-010-0065, 161-520-0035, 161-570-0025, 161-570-0055, 161-570-0060

Proposed Amendments: 161-002-0000, 161-003-0020, 161-006-0025, 161-006-0160, 161-010-0010, 161-010-0020, 161-010-0035, 161-010-0045, 161-010-0080, 161-015-0000, 161-015-0010, 161-015-0025, 161-015-0030, 161-020-0005, 161-020-0055, 161-020-0110, 161-025-0025, 161-025-0030, 161-025-0050, 161-050-0000, 161-050-0040, 161-050-0050, 161-510-0010, 161-520-0010, 161-520-0030, 161-520-0045, 161-520-0050, 161-530-0010, 161-570-0030

Proposed Repeals: 161-010-0065(T), 161-520-0035(T), 161-002-0000(T), 161-006-0025(T), 161-010-0010(T), 161-010-0020(T), 161-010-0080(T), 161-015-0010(T), 161-015-0025(T), 161-015-0030(T), 161-020-0005(T), 161-020-0110(T), 161-025-0025(T), 161-025-0030(T), 161-050-0000(T), 161-050-0050(T), 161-510-0010(T), 161-520-0030(T), 161-530-0010(T), 161-510-0030, 161-570-0045

Last Date for Comment: 1-28-13, Close of Hearing

Summary: Permanently adopts Oregon Administrative Rule 161, Division 06, Rule 0155 regarding allegation reports, Division 010, Rule 0065 regarding prerequisite experience and education requirements for state licensed appraiser; Division 520, Rule 0035 regarding form of application; Division 570, Rule 0025 regarding allegation reports, Rule 0055 regarding enforcement, and Rule 0060 regarding rules of procedure in contested cases: Permanently Amends Oregon Administrative Rules 161, Division 002, Rule 0000 regarding definitions; Division 003, Rule 0020 regarding fees; Division 006, Rule 0025 regarding licensee notification, and Rule 0160 regarding complaints, investigations and audits; Division 010, Rule 010 regarding renewal procedures, Rule 0020 regarding qualifying appraiser experience, Rule 0035 regarding experience and education requirements for state certified general appraisers, Rule 0045 regarding experience and education requirements for state certified residential appraisers, and Rule 0080 regarding appraiser assistant registration; Division 015, Rule 0000 regarding the application process, Rule 0010 regarding form of application, Rule 0025 regarding application from out-of-state credential holder, and Rule 0030 regarding submission of application; Division 020, Rule 0005 regarding scope, Rule 0055 regarding criteria for approval of continuing education course, and Rule 0110 regarding qualifying education course content guidelines; Division 025, Rule 0025 regarding supervising appraiser, Rule 0030 regarding appraiser assistant, and Rule 0050 regarding appraisal report retention requirements; Division 050, Rule 0000 regarding temporary non-resident registration, Rule 0040 regarding changes in application and renewal information, and Rule 0050 regarding reciprocity; Division 510, Rule 0010 regarding fees; Division 520, Rule 0010 regarding registration requirements, Rule 0030 regarding renewal or reactivation of registration, Rule 0045 regarding change in business name, and Rule 0050 regarding change of individual ownership; Division 530, Rule 0010 regarding criminal records check; and Division 570, Rule 0030 regarding complaints, investigations and audits: and Permanently Repeals Oregon Administrative Rule 161, Division 510, Rule 0030 regarding miscellaneous fees, and Division 570, Rule 0045 regarding appraisal management company investigations and audits. Additionally, all temporary rules adopted, amended or suspended effective August 6, 2012 are repealed.

Rules Coordinator: Karen Turnbow

Address: Appraiser Certification and Licensure Board, 3000 Market St. NE, Suite 541, Salem, OR 97301

Telephone: (503) 485-2555


Board of Accountancy, Chapter 801

Rule Caption: Update the professional standards effective date.

Stat. Auth.: ORS 183.332

Stats. Implemented: ORS 183.335

Proposed Amendments: 801-001-0035

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

Summary: The professional standards as used throughout OAR Chapter 801 are those that are in effect as of January 1, 2013.

Rules Coordinator: Kimberly Sisk

Address: Board of Accountancy, 3218 Pringle Rd. SE, Suite 110, Salem, OR 97302

Telephone: (503) 378-2268


Board of Architect Examiners, Chapter 806

Rule Caption: Changes individual architect registration renewal cycle to coincide with calendar year.

Date: Time: Location:

12-14-12  9:30 a.m. OBAE Offices, 205 Liberty St. NE  Salem, OR 97301

Hearing Officer: James Denno

Stat. Auth.: ORS 671.020 & 671.125

Stats. Implemented: ORS 671.020 & 671.125

Proposed Amendments: 806-010-0090

Last Date for Comment: 12-14-12, 4:30 p.m.

Summary: Changes individual architect registration renewal cycle to coincide with calendar year. This is a regulatory streamlining measure designed to more completely align Oregon’s rules with NCARB Model Law relating to continuing education requirements associated with renewal of registration, making tracking and reporting continuing education less cumbersome for licensees who maintain registrations in multiple jurisdictions.

Rules Coordinator: Jim Denno

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

Telephone: (503) 763-0662


Board of Licensed Professional Counselors and Therapists, Chapter 833

Rule Caption: License Portability.

Stat. Auth.: ORS 675.705–675.835

Stats. Implemented: ORS 675.705–675.835

Proposed Amendments: 833-020-0051, 833-020-0081, 833-030-0041, 833-040-0041

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

Summary: Amends experience and examination requirements for license applicants applying by reciprocity.

Rules Coordinator: Becky Eklund

Address: Board of Licensed Professional Counselors and Therapists, 3218 Pringle Rd. SE, Suite 250, Salem, OR 97302

Telephone: (503) 378-5499, ext. 3


Board of Optometry, Chapter 852

Rule Caption: Rule revisions governing optometry for clarity and changes in standards of practice and agency budget.

Date: Time: Location:

12-21-12  10 a.m. 1900 Hines St. SE, Suite 290  Salem, Oregon 97302

Hearing Officer: Rose Thrush, JD

Stat. Auth.: ORS 683

Other Auth.: ORS 58, 63, 181, 182, 408, 431, 646, 670, 676 & 689

Stats. Implemented: ORS 683.010–683.340, 683.990, 58.367, 63.074, 181.534, 182.460, 182.462, 182.466, 183.341, 183.413, 292.250, 292.495, 408.450, 431.962, 431.972, 646.605, 670.350, 676.110, 676.150, 676.303, 676.306, 676.340, 676.345, 689.225

Proposed Adoptions: 852-050-0022

Proposed Amendments: 852-001-0001 – 852-001-0002, 852-005-0005, 852-005-0015 – 852-005-0030, 852-010-0005 – 852-010-0080, 852-020-0029 – 852-020-0070, 852-050-0001 – 852-050-0025, 852-060-0025 – 852-060-0027, 852-060-0060 – 852-060-0070, 852-070-0005 – 852-070-0035, 852-070-0045, 852-070-0055 – 852-070-0060, 852-080-0020 – 852-080-0040

Proposed Repeals: 852-005-0040, 852-070-0040, 852-070-0050

Proposed Ren. & Amends: 852-070-0060 to 852-070-0054

Last Date for Comment: 12-15-12, 8 a.m.

Summary: Overall: Comprehensive review of Chapter 852 for plain language, clarity, consistency and grammar. Technical edits and housekeeping throughout.

 Division 1: Updated and new definitions to reflect changes in standards of practice and terms.

 Division 5:

 0005: Revised 2011–13 Biennium budget to reflect limitation increase for under-funded payroll expenses and Board decision to upgrade computer systems and software within available fund reserves.

 0015: Clarifies Board member compensation to reflect policy decisions of Board.

 0030: Removes “temporary” status of adoption of State of Oregon contracting policies.

 0040: Repealed, as required by 2011 HB 2381, bringing OBO staff under DAS HR Policies and Procedures on January 1, 2012.

 Division 10:

 0005: Clarifies that Board may delegate duties to Executive Director. Removes conflict with public meetings law.

 0015: Clarifies current requirements for application for examination and licensure.

 0020: Increases passing score on Oregon optometric law and administrative rules examination from 75 to 80.

 0022: Clarifies current requirements for application for endorsement examination and licensure.

 0023: Increases passing score on Oregon optometric law and administrative rules examination from 75 to 80.

 0030: Clarifies responsibility for advertising not in compliance with Oregon law.

 0051: Makes clear that patient records may be kept in an accessible electronic format. Adds provision for patient record transfer in the event of the death of an optometric physician. Clarifies that patient records and prescriptions cannot be withheld for lack of payment.

 0080: Adds optional purchase of copy of portable multiple practice location license for $25. Restores language for sliding fee scale for multiple failures to comply with rule.

 Division 20:

 0029: Clarifies required and optional prescription information; allows use of electronic signature. Makes optional the inclusion of number of contact lens refills and the FTC requirements for setting a limit.

 0031: Clarifies federal and state requirements that patients do not need to request their prescriptions. Clarifies that direct communication includes mail.

 0035: Expands definition of immediate family to include domestic partners, stepchildren and in-laws.

 0045: Deletes obsolete provision for compliance prior to January 1, 2012.

 0060: Clarifies responsibility for the delegation of the duties of an optometrist to employees and defines direct supervision of those employees.

 0070: Deletes obsolete provision for compliance prior to January 1, 2009.

 Division 50

 0001: Removes obsolete provisions and definitions for optometric physicians’ licenses.

 0005: Clarifies licensing and posting requirements for practice locations. Adds new provision for optional purchase of additional copy of portable multiple location license for $25. Clarifies that photocopies of licenses are prohibited.

 0006: Clarifies that complete license renewals must be received or postmarked by due date. Adds language regarding Prescription Drug Monitoring Program fund. Puts seven-year limit on look-backs for failure to timely renew license.

 0012: Clarifies that complete license renewals must be received or postmarked by due date. Clarifies that suspension notices for inactive licensees will be sent by first-class mail. Requires reactivation requests to be made on a Board-supplied form and with required proof of meeting requirements for pharmaceutical agents. Reiterates requirement for criminal background check.

 0013: Clarifies licensing rights and responsibilities of licensees serving in and separating from active military service.

 0014: Requires reinstatement requests to be made on a Board-supplied form. Reiterates requirement for criminal background check.

 0016: Details requirements for reporting places of practice. Increases timeline for doing so from “immediately” to “within 14 days.” Allows multiple means of reporting, adding e-mail and electronic signatures.

 0021: Clarifies optometric physician’s rights and responsibilities in volunteer service.

 0022: Enables 2012 law provisions in ORS 676.340 and 676.345 for new liability limitations for volunteers. Establishes registration program and process.

 0025: Removes provision that Board will provide an individual with their own criminal offender records, as this is prohibited by Oregon State Police and the Law Enforcement Data System.

 Division 60:

 0025: Adds practicing optometry in a location not reported to the Board to the list of causes for disciplinary action.

 0027: Adds to the list of unprofessional conduct to include: advertising professional methods or superiority; claiming “board certification” without defining by what board; failing to train employee and supervise work delegated by optometric physician; prescribing scheduled drugs improperly; interfering with the Board’s enforcement activities; deception in application or renewal; altering or falsifying patient or business records to avoid discipline; asking for sexual history except when medically necessary; failing to follow federal and state requirements for prescription release to patient; failure to retain patient records or provide them to the Board on request; and failure to report own or other licensee’s prohibited or unprofessional conduct, arrests or convictions as required by law.

 0065: Changes required answers to charges as part of notices to parties in contested cases to comport with changes in Attorney General’s Model Rules of Procedure.

 0070: Changes requirements for hearing requests and answers to comport with changes in Attorney General’s Model Rules of Procedure.

 Division 70

 0010: Clarifies that licensees may carry forward excess continuing education hours from the prior year upon written request to the Board. Adds new provision granting one hour of CE credit per year for attendance at an official meeting of the Board.

 0040: Removes obsolete provision for separate $20 CE fee; costs are already included in overall renewal fee.

 0050: Removes obsolete provision; the Board no longer provides CE directly to licensees.

 0055: Clarifies responsibilities of CE sponsors to proctor attendance and provide original source documentation to attendees.

 0060: Renumber to 0054 and move above 0055. Reflects changes in categories of CE approved by the Council on Optometric Practitioner Education.

 Division 80

 0030: Clarifies that level of certification regarding pharmaceutical agents is printed on license. Encourages use of Oregon Prescription Drug Monitoring Program, for which licensees already pay during renewal.

 0040: Clarifies process for certification to use pharmaceutical agents. Removes requirement that CPR certification renewal include a hands-on component. Removes obsolete provision for licensees prior to April 1, 2006.

Rules Coordinator: Nancy Sellers

Address: Board of Optometry, 1900 Hines St. SE, Suite 290, Salem, OR 97302

Telephone: (503) 399-0662, ext. 23


Board of Parole and Post-Prison Supervision, Chapter 255

Rule Caption: Change number of votes required to impose an extended deferral from unanimous to majority.

Date: Time: Location:

1-10-13  2 p.m. 2575 Center St.NE  Salem, OR 97301

Hearing Officer: Candace Wheeler

Stat. Auth.: ORS 144.228, 144.232, 163.105, 163.115, OL 2009 Ch. 660

Stats. Implemented: ORS 144.228, 144.232, 163.105, 163.115 & OL 2009 Ch. 660

Proposed Amendments: 255-062-0016

Last Date for Comment: 1-17-13, 5 p.m.

Summary: The rule amendment would change the number of Board votes required to impose a deferral of a projected parole date, of a parole consideration date, or of a subsequent hearing eligibility date from unanimous to majority.

Rules Coordinator: Shawna Harnden

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

Telephone: (503) 945-0913


Board of Tax Practitioners, Chapter 800

Rule Caption: 2012 overhaul of OAR’s based on recommendations of the Rules Advisory Committee and the Board.

Date: Time: Location:

12-18-12  10 a.m. 3218 Pringle Rd. SE, #120  Salem, Oregon 97302

Hearing Officer: Monica J. Walker

Stat. Auth.: ORS 673.605, 673.740 & 673.990

Stats. Implemented: ORS 673.605, 673.740 & 673.990

Proposed Amendments: Rules in 800-001, 800-010, 800-015, 800-020, 800-025, 800-030

Last Date for Comment: 12-18-12, 5 p.m.

Summary: 2012 overhaul of OAR’s based on recommendations made by the Rules Advisory Committee and approved by the Board

Rules Coordinator: Monica J. Walker

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

Telephone: (503) 378-4860


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

Rule Caption: Amend the HB 3462 training program and certification rules.

Stat. Auth.: ORS 455.720, 455.730 & 455.735

Other Auth.: 2009 OL Ch. 593

Stats. Implemented: ORS 455.720, 455.730 & 455.735

Proposed Amendments: 918-098-1530, 918-098-1550

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

Summary: These proposed rules provide flexibility for the division to independently evaluate and certify individuals under the House Bill 3462 training and certification pilot program.

Rules Coordinator: Richard J. Baumann

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

Telephone: (503) 373-7559


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

Rule Caption: Repeal Temporary Rule and Adopt Permanent Rule Governing Interest Rate Swap Transactions.

Stat. Auth.: ORS 706.790

Stats. Implemented: ORS 706.795

Proposed Adoptions: 441-505-3090

Proposed Repeals: 441-505-3090(T)

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

Summary: Like the temporary rule, the permanent rule gives Oregon chartered commercial banks authority to engage in interest rate swap transactions with and on behalf of the banks’ loan customers and to pledge the banks’ assets in connection with such transactions. While national banks and other financial institutions currently possess this authority, Oregon chartered banks may not engage in these types of transactions unless the Director of the Department of Consumer and Business Services permits them to do so under ORS 706.795. Without this rule, Oregon chartered commercial banks will be unable to compete on equal terms with national banks and other institutions.

Rules Coordinator: Shelley Greiner

Address: Department of Consumer and Business Services, Finance and Corporate Securities, 350 Winter St. NE, Rm. 410, Salem, OR 97301

Telephone: (503) 947-7484


Department of Consumer and Business Services, Workers’ Compensation Board, Chapter 438

Rule Caption: OAR Chapter 438 provisions regarding Own Motion, Board review, and miscellaneous concepts.

Date: Time: Location:

1-11-13  10 a.m. 2601 25th St. SE, Suite 150  Salem, OR 97302

Hearing Officer: Debra L. Young

Stat. Auth.: ORS 656.726(5)

Stats. Implemented: ORS 45.273, 45.275, 45.285, 45.288, 183.341(4), 656.005(30), 656.012(2)(b), 656.236, 656.262(4), 656.267(1), (3), 656.268, 656.278(1), (2), (6), 656.283(1), (9), 656.289(1)-(4), 656.295, 656.307, 656.327(1)(b), 656.587, 656.593, 656.594 & 656.726(5)

Proposed Amendments: 438-005-0015, 438-009-0005, 438-009-0020, 438-011-0010, 438-011-0045, 438-012-0001, 438-012-0020, 438-012-0031, 438-012-0035, 438-012-0036, 438-012-0050, 438-012-0060, 438-012-0062, 438-016-0005, 438-019-0010, 438-020-0010;, 438-022-0005

Last Date for Comment: 1-11-13, Close of Business

Summary: The Board proposes to: (1) amend OAR 438-005-0015 to change the title to “Unacceptable Conduct”; (2) amend OAR 438-009-0005(3) to identify permanent disability benefits in stipulations that award permanent disability regarding dates

 of injury occurring before January 1, 2005 (permanent partial disability) and those occurring on and after January 1, 2005 (whole person impairment and work disability); (3) amend OAR 438-009-0020(3) to update the year reference to “20__”; (4) amend

 OAR 438-011-0010 and OAR 438-011-0045(1), (4) to identify third party law as extending from “ORS 656.576 through 656.596”; (5) amend OAR 438-012-0001(2) to specify that “post-aggravation rights” “worsened condition” claims and new/omitted medical condition claims include such claims related to pre-1966 injuries; (6) amend OAR 438-012-0020(5) to delete the separate “notice” reference to pre-1966 injuries regarding “post-aggravation rights” “worsened condition” claims and new/omitted medical condition claims; (7) amend OAR 438-012-0031 to include contested cases under “ORS 656.283 through 656.298” and “a managed care disputed resolution review process” among the pending proceedings about which parties to an Own Motion proceeding are required to notify the Board; (8) amend OAR 438-012-0035(4) to add provisions for timely payment of temporary disability compensation awarded in an Own Motion Notice of Closure and in a litigation order; (9) amend OAR 438-012-0036(3) to add provisions for timely payment of permanent disability compensation; (10) amend OAR 438-012-0050(1) to identify contested cases under “ORS 656.283 through 656.298”; (11) amend OAR 438-012-0060(1), (3), (6), and (7), respectively, to change in section (1) the directive from “shall” to “should” regarding the list of information to be provided when requesting Board review of an Own Motion Notice of Closure, to change in section (3) the reference to a claimant’s attorney to “or, if represented, to the claimant’s attorney,” to add new section (6) to list all the circumstances where a medical arbiter evaluation may be available for a “post-aggravation rights” new/omitted medical condition claim, to add a new section (7) to provide that, after completion of a medical arbiter examination, a claimant may withdraw his/her request for Board review only if the other party does not object, and to change the title of the rule to include “Referral for Medical Arbiter Evaluation; Withdrawal of Request for Review,” and to renumber the remaining sections of the rule; (12) amend OAR 438-012-0062 to delete section (2), which authorized the Board to refer requests for suspension of temporary disability compensation to the Hearings Division for an evidentiary hearing; (13) amend OAR 438-016-0005(1) to change the citation in that rule to “OAR 438-005-0046(1),” in order to include all filing methods; (14) amend OAR 438-019-0010(2) to delete an obsolete reference to “OAR 718-040-0040(3)”; (15) amend OAR 438-020-0010(1) to change the directive from “shall” to “should” regarding the list of information to be provided in the notification of the need for appointment of an interpreter; and (16) amend OAR 438-022-0005 to reflect the most current Attorney General’s Model Rules for Rulemaking, which were adopted effective January 1, 2008.

Rules Coordinator: Karen Burton

Address: Department of Consumer and Business Services, Workers’ Compensation Board, 2601 25th St. SE, Suite 150, Salem, OR 97302

Telephone: (503) 934-0123


Department of Corrections, Chapter 291

Rule Caption: Death Row Housing Policy and Definitions for Classification of Inmates.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Proposed Amendments: 291-093-0005, 291-104-0111

Last Date for Comment: 1-16-13, 4:30 p.m.

Summary: It is the long-standing policy and practice of the Oregon Department of Corrections to house inmates with a sentence of death separately from the general inmate population in a death row housing unit or a death row status cell due to the unique security and management concerns presented by these inmates. These rule amendments are necessary for the department to clarify that its policy in this area includes all inmates confined in a department institution with a sentence of death, including inmates with a death sentence from another state or jurisdiction.

Rules Coordinator: Janet R. Worley

Address: Department of Corrections, 2575 Center St. NE, Salem, OR 97301-4667

Telephone: (503) 945-0933


 

Rule Caption: Access to Board of Parole Post-Prison Supervision Hearings.

Stat. Auth.: ORS 144.123, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.123, 179.040, 423.020, 423.030 & 423.075

Proposed Amendments: 291-153-0005, 291-153-0020

Last Date for Comment: 1-16-13, 4:30 p.m.

Summary: This is a joint rule with the Board of Parole and Post-Prison Supervision to establish policies governing who may accompany an inmate at a hearing before the Board. These amendments are necessary to clarify whom may attend Board hearings and reflect current and future technology changes that relate to holding hearings.

Rules Coordinator: Janet R. Worley

Address: Department of Corrections, 2575 Center St. NE, Salem, OR 97301-4667

Telephone: (503) 945-0933


Department of Energy, Energy Facility Siting Council, Chapter 345

Rule Caption: Establish rules for reporting requirements for shipments containing radioactive material and clarify civil penalties.

Date: Time: Location:

1-10-13  9 a.m. Oregon Dept. of Energy  625 Marion St. NE  Salem, OR 97301

Hearing Officer: Jo Morgan

Stat. Auth.: ORS 469.470 & 469.605

Stats. Implemented: ORS 469.805 & 469.603–469.619

Proposed Amendments: 345-029-0000, 345-029-0005, 345-029-0010, 345-029-0020, 345-029-0030, 345-029-0040, 345-029-0050, 345-029-0060, 345-029-0070, 345-029-0080, 345-029-0090, 345-029-0100, 345-060-0001, 345-060-0003, 345-060-0004, 345-060-0005, 345-060-0006, 345-060-0007, 345-060-0015, 345-060-0025, 345-060-0030, 345-060-0040, 345-060-0045, 345-060-0050, 345-060-0055

Last Date for Comment: 1-17-13, 5 p.m.

Summary: The proposed rules for the transport of radioactive materials describe the “Oregon Radioactive Materials Shipment Report” form requirements for carriers, and clarify civil penalties for failure to comply with Oregon rules. The reporting requirements described in the proposed rule are consistent with a long-standing process for carriers to report their shipping activity in Oregon. The rules also include housekeeping amendments to correct punctuation and update references. The department requests public comment on these draft rules.

 A public hearing will be held on January 10, 2013 at 9:00 a.m. In addition, the Council will accept oral public comments, but no further written comments, at a later Council meeting when the Council takes final action on the proposed amendments.

Rules Coordinator: Kathy Stuttaford

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

Telephone: (503) 373-2127


Department of Fish and Wildlife, Chapter 635

Rule Caption: Amendments to 2013 Big Game Regulations.

Date: Time: Location:

1-11-13  8 a.m. 3406 Cherry Ave. NE  Salem, OR 97303

Hearing Officer: Fish and Wildlife Commission

Stat. Auth.: ORS 496.012, 496.138, 496.146 & 496.162

Stats. Implemented: ORS 496.012, 496.138, 496.146 & 496.162

Proposed Amendments: Rules in 635-065, 635-070

Last Date for Comment: 1-11-13, Close of Business

Summary: Three edits to the 2013 Big Game Regulations are proposed:

 (1) Clarify wording for Division 65, Section 0010, Mandatory Reporting Penalty;

 (2) Add Pennsylvania to the list of states from which chronic wasting disease has been found; and

 (3) Delete Elk Hunt 225C (Coffee Butte).

Rules Coordinator: Therese Kucera

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

Telephone: (503) 947-6033


 

Rule Caption: Amend Division 060 Rule to Add Agency Fee for Game Bird Application.

Date: Time: Location:

1-11-13  8 a.m. 3406 Cherry Ave. NE  Salem, OR 97303

Hearing Officer: Fish and Wildlife Commission

Stat. Auth.: ORS 496.012, 496.138, 496.146 & 496.162

Stats. Implemented: ORS 496.012, 496.138, 496.146 & 496.162

Proposed Amendments: 635-060-0005

Last Date for Comment: 1-11-13, Close of Business

Summary: Amend rule so language is consistent with how other application fees are implemented.

Rules Coordinator: Therese Kucera

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

Telephone: (503) 947-6033


 

Rule Caption: Establish Average Market Values of Food Fish for Determining Damages Related to Commercial Fishing Violations.

Date: Time: Location:

1-11-13  8 a.m. 3406 Cherry Ave. NE  Salem, OR 97303

Hearing Officer: Fish and Wildlife Commission

Stat. Auth.: ORS 506.119

Stats. Implemented: ORS 506.109 & 506.720

Proposed Amendments: 635-006-0232

Last Date for Comment: 1-11-13

Summary: Amend rule to establish the average market value of food fish species used to determine damages for commercial fishing violations. Housekeeping and technical corrections may occur to ensure rule consistency.

Rules Coordinator: Therese Kucera

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

Telephone: (503) 947-6033


 

Rule Caption: Conservation Plan for Fall Chinook Salmon in the Rogue Species Management Unit.

Date: Time: Location:

1-11-13  8 a.m. 3406 Cherry Ave. NE  Salem, OR 97303

Hearing Officer: Fish and Wildlife Commission

Stat. Auth.: ORS 496.138, 496.146 & 506.119

Other Auth.: Native Fish Conservation Policy (OAR 635-007-0502 through 0509); Federal Endangered Species Act.

Stats. Implemented: ORS 496.162, 506.109 & 506.129

Proposed Adoptions: Rules in 635-500

Proposed Amendments: Rules in 635-500

Proposed Repeals: Rules in 635-500

Last Date for Comment: 1-11-13

Summary: Adopt or amend rules, as necessary, relating to the Rogue Fall Chinook Conservation Plan. Housekeeping and technical corrections to the regulations may occur to ensure rule consistency.

Rules Coordinator: Therese Kucera

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

Telephone: (503) 947-6033


 

Rule Caption: Adopt Rules relating to Land Acquisition and Exchange.

Date: Time: Location:

1-11-13  1 a.m. 3406 Cherry Ave. N  Salem, OR 97303

Hearing Officer: Fish and Wildlife Commission

Stat. Auth.: ORS 496.146 & 506.201

Stats. Implemented: ORS 496.146 & 506.201

Proposed Adoptions: Rules in 635-015

Last Date for Comment: 1-11-13, Close of Hearing

Summary: This rule establishes a methodology for consideration of land acquisition and land exchange. This rule establishes the rules and policy of the Oregon Department of Fish and Wildlife to acquire land or interests in lands, including easements and leases consistent with statutory authority and the Department’s strategic plan and mission, for the conservation of fish and wildlife and their habitats and to provide fish and wildlife-related public use for educational and recreational purposes.

Rules Coordinator: Therese Kucera

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

Telephone: (503) 947-6033


 

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

Date: Time: Location:

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

Hearing Officer: Fish and Wildlife Commission

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

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

Proposed Adoptions: Rules in 635-004, 635-005, 635-006, 635-007, 635-014, 635-023, 635-042, 635-500

Proposed Amendments: Rules in 635-004, 635-005, 635-006, 635-007, 635-014, 635-023, 635-042, 635-500

Proposed Repeals: Rules in 635-004, 635-005, 635-006, 635-007, 635-014, 635-023, 635-042, 635-500

Last Date for Comment: 12-7-12, 8 a.m.

Summary: This is a re-filing of our Notice filed on October 15, 2012 and published in the November 1, 2012 Oregon Bulletin. The Fiscal Impact Statement for this filing has been corrected and updated. There are no other changes to the original filing.

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

Rules Coordinator: Therese Kucera

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

Telephone: (503) 947-6033


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

Rule Caption: Changing OARs affecting Child Welfare programs.

Date: Time: Location:

12-21-12  8:30 a.m. 500 Summer St. NE, Rm. 255  Salem, OR

Hearing Officer: Annette Tesch

Stat. Auth.: ORS 409.050, 418.005 & 418.240

Other Auth.: Public Law 105-89, Adoption & Safe Families Act; Section 477, Title IV-E of the Social Security Act; Public Law 106-169, Foster Care Independence Act of 1999, Title I; PL 110-351, Fostering Connections to Success & Increasing Adoptions Act of 2008; Foster Care Independence Act of 1999; Public Law 95-608, Indian Child Welfare Act of 1978; Public Law 104-193 Personal Responsibility & Work Opportunity Reconciliation Act; Refugee Act of 1980; 45 CFR Parts 1355, 1356, 1357

Stats. Implemented: ORS 109.328, 409.010, 418.005, 418.240, 418.312, 418.475, 418.647, 418.925, 418.945, 418.925, 419A.004, 419B.192, 419B.343, 419B.349, 419B.470 & 419B.476

Proposed Adoptions: 413-030-0456, 413-080-0054

Proposed Amendments: 413-020-0200 – 413-020-0255, 413-030-0000 – 413-030-0030, 413-030-0400 – 413-030-0460, 413-040-0000 – 413-040-0032, 413-040-0200 – 413-040-0330, 413-070-0520 – 413-070-0565, 413-070-0600 – 413-070-0645, 413-080-0040 – 413-080-0067, 413-120-0800 – 413-120-0880

Proposed Repeals: 413-080-0063

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

Summary: These rules about child welfare programs are being changed to align them with the child contact requirements required under federal law. These rules also are being revised to fully incorporate the provisions of P.L. 110-351, Fostering Connections to Success and Increasing Adoptions Act of 2008 and P.L. 106-169, Foster Care Independence Act of 1999 to provide certain children in substitute care information about their credit report annually, information regarding designating another individual to make health care treatment decisions if he or she is unable to participate in those decisions, and to require Department participation in the National Youth in Transition Database.

 OAR 413-020-0236 about development, documentation, and termination of a supervision plan is being amended to clarify and correct the administrative rule reference to required contact with a child.

 OAR 413-020-0245 about responsibilities in monitoring a child or young adult’s supervision in a certified family is being amended to clarify and correct the administrative rule reference to required contact with a child.

 OAR 413-030-0000 about the purpose of rules about family support services is being amended to clarify the rule and indicate when terms are defined.

 OAR 413-030-0003 about the definitions of terms used in family support services rules is being amended to clarify the terms used in rules about family support services and to reflect current Department terminology.

 OAR 413-030-0006 about eligibility for family support services is being amended to clarify who is eligible for family support services under these rules.

 OAR 413-030-0009 about determination of service needs is being amended to clarify cross-references and use current Department terminology.

 OAR 413-030-0013 about requirements when obtaining medical, psychological, or psychiatric evaluations; OAR 413-030-0016 about requirements for the family support services case plan; OAR 413-030-0019 about developing service agreements; OAR 413-030-0026 about family support services case plan review; and OAR 413-030-0030 about closing a family support services case plan are being amended to clarify cross-references and use current Department terminology.

 OAR 413-030-0023 about contact and monitoring requirements for a family support services case plan is being amended to specify when monthly fact-to-face contacts are required, clarify cross-references, and use current Department terminology.

 OAR 413-030-0405 defining terms used in rules about youth transitions is being amended to clarify the terms used in these rules and to reflect current Department terminology.

 OAR 413-030-0410 about eligibility for youth transition services is being amended to describe the circumstances when an exception to eligibility requirements may be approved.

 OAR 413-030-0445 about development of the comprehensive transition plan and OAR 413-030-0454 about benchmark review of the comprehensive transition plan are being amended to use of current Department terminology about legal guardians and guardians.

 OAR 413-030-0449 about review of the comprehensive transition plan is being amended correct the administrative rule reference to required contact with a child

 OAR 413-030-0456 about health care notifications, credit reports, and data tracking is being adopted to describe the Department responsibilities for notification of health care proxy to youth over 17 years, for ensuring an annual consumer credit report is reviewed with any youth in care over age 16, and to describe the requirements for collection and reporting of data for the National Youth in Transition Database.

 OAR 413-040-0005 about definitions used in rules about developing and managing the case plan is being amended to clarify the terms used in these rules and to reflect current Department terminology.

 OAR 413-040-0006 about requirements for the protective capacity assessment is being amended to clarify the caseworker responsibility to identify and review the conditions for return.

 OAR 413-040-0009 about requirements for conditions for return is being amended to clarify requirements for the determination and documentation of conditions for return and the ongoing safety plan.

 OAR 413-040-0008 about requirements for a family decision-making meeting, OAR 413-040-0010 about requirements for the case plan, and OAR 413-040-0011 about requirements of action agreements are being amended to use current Department terminology.

 OAR 413-040-0013 about requirements for monitoring the case plan is being amended to clarify reasonable efforts requirements and to correct administrative rule reference to required contact with a child.

 OAR 413-040-0016 about requirements for review of the case plan, OAR 413-040-0017 about requirements for return and reunification, OAR 413-040-0024 about requirements for an in-home ongoing safety plan prior to return and next day contact, and OAR 413-040-0032 about requirements for closing the in-home ongoing safety plan and closing the case are being amended to use current Department terminology.

 OAR 413-040-0210 defining terms used in rules about the Interstate Compact on the Placement of Children is being amended to clarify the terms used in these rules and to reflect current Department terminology.

 OAR 413-040-0215 about required forms is being amended to update the list of forms used in the rules.

 OAR 413-040-0240 about the financial and medical responsibility of the sending agency is being amended to clarify and correct cross references.

 OAR 413-040-0270 about preparing the referral to send a child out of Oregon is being amended to correct a reference to a Department form, specify Department staff who may approve out-of-state residential placement, and clarify cross-references to defined terms.

 OAR 413-040-0290 about requests for placement in Oregon is being amended to use current Department terminology, correct and clarify cross-references, and correct the administrative rule reference to required contact with a child.

 OAR 413-040-0300 about requests that by-pass the Oregon ICPC Office is being amended to use current Department terminology and clarify cross-references.

 OAR 413-070-0524 about definitions of terms used in rules about another planned permanent living arrangement is being amended to clarify the terms used in these rules and to reflect current Department terminology.

 OAR 413-070-0536 about consideration of APPLA as a permanency plan is being amended to use current terminology and correct cross-references.

 OAR 413-070-0551 about contents of an APPLA case plan and OAR 413-070-0556 about APPLA permanency plan reviews are being amended to use current Department terminology.

 OAR 413-070-0552 about ongoing Department responsibilities when APPLA is the child’s or young adult’s permanency plan is being amended to correct the administrative rule reference to required contact with a child and to correct cross-references to other child welfare rules.

 OAR 413-070-0565 about termination of APPLA is being amended to correct cross-references.

 OAR 413-070-0620 which defines certain terms used in rules about placement matching is being amended to clarify the terms used in these rules and to reflect current Department terminology.

 OAR 413-070-0625 about identifying and assessing the needs of the child or young adult when placement in substitute care is required is being amended to use current Department terminology and to correct the required contact with a child.

 OAR 413-070-0630 about monitoring the ongoing substitute care placement needs of the child or young adult is being amended to remove administrative rule references that no longer apply.

 OAR 413-070-0640 about placement assessment and matching is being amended to use current Department terminology.

 OAR 413-080-0040 about monthly contact and monitoring child and young adult safety is being amended to fit the purposes of rules OAR 413-080-0040 to 413-080-0067 consistent with amendments to them.

 OAR 413-080-0050 about definitions used in rules about monthly contact and monitoring child and young adult safety is being amended to clarify the terms used in these rules and reflect current Department terminology.

 OAR 413-080-0052 about mandatory reporting of a new safety threat on an open case is being amended to clarify the actions Department staff must take when a new or unscreened safety threat is identified in an open case.

 OAR 413-080-0054 about monthly face-to-face contact requirements is being adopted to describe the monthly contacts required of Department staff.

 OAR 413-080-0055 about monitoring an in-home ongoing safety plan is being amended to clarify the requirements of the Department in monitoring child safety when there is an in-home ongoing safety plan.

 OAR 413-080-0059 about monitoring an out-of-home ongoing safety plan is being amended to clarify the requirements of the Department in monitoring child safety when there is an out-of-home ongoing safety plan.

 OAR 413-080-0063 about additional documentation required when a child or young adult is placed in Oregon through the Interstate Compact for the Placement of Children is being repealed because these topics are covered in other rules and procedures.

 OAR 413-080-0067 about contact requirements and exceptions is being amended to remove exceptions to required child contact not allowed under federal law.

 OAR 413-120-0860 about placement and post-placement supervision is being amended to clarify the requirements of the monthly contact required of Department staff and to correct the administrative rule reference.

 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 26, 2012 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 - Child Welfare Programs, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The Department provides the same consideration to written comment as it does to any oral or written testimony provided at the public hearing.

Rules Coordinator: Annette Tesch

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

Telephone: (503) 945-6067


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

Rule Caption: Host Home Services for Children with Developmental Disabilities.

Date: Time: Location:

12-14-12  2 p.m. 500 Summer St. NE, Rm. 160  Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 409.050, 427.007 & 430.021

Stats. Implemented: ORS 430.215 & 430.610–430.670

Proposed Adoptions: 411-335-0500, 411-335-0510, 411-335-0520, 411-335-0530, 411-335-0540, 411-335-0550, 411-335-0560, 411-335-0570, 411-335-0580, 411-335-0590, 411-335-0600, 411-335-0610

Proposed Repeals: 411-335-0010, 411-335-0020, 411-335-0030, 411-335-0040, 411-335-0060, 411-335-0120, 411-335-0130, 411-335-0150, 411-335-0160, 411-335-0170, 411-335-0180, 411-335-0190, 411-335-0200, 411-335-0210, 411-335-0220, 411-335-0230, 411-335-0240, 411-335-0250, 411-335-0260, 411-335-0270, 411-335-0280, 411-335-0290, 411-335-0310, 411-335-0320, 411-335-0330, 411-335-0340, 411-335-0350, 411-335-0360

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

Summary: The Department of Human Services (Department) is proposing to replace the proctor care residential services rules for individuals with developmental disabilities in OAR chapter 411, division 335 with rules for host home services for children with developmental disabilities.

 The purpose of the proposed rulemaking is to more accurately reflect a residential service model within the Department’s Office of Developmental Disabilities Services by changing the title and rule language from proctor care services for individuals with developmental disabilities to host home services for children with developmental disabilities.

 Specifically, the proposed rulemaking:

 • Changes the services from adults and children under the current proctor care rules by limiting host home services to children (under the age of 18);

 • Provides rules and requirements for an agency intending to provide host home services, mirroring the rules and requirements currently required for an agency providing proctor care services;

 • Standardizes rule language to provide consistency and reduce repetition with the rules for children’s foster homes in OAR chapter 411, division 346 and the rules for developmental disability certification and endorsement in OAR chapter 411, division 323; and

 • Allows for local development by having the Community Developmental Disability Program (CDDP) authorize host home services.

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: Comprehensive In-Home Support Services for Adults with Developmental Disabilities — Standards for Employers.

Date: Time: Location:

12-18-12  2:30 p.m. 500 Summer St. NE, Rm. 160  Salem, Oregon 97301

Hearing Officer: Staff

Stat. Auth.: ORS 409.050 & 410.070

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

Proposed Adoptions: 411-330-0065

Proposed Amendments: 411-330-0020

Proposed Repeals: 411-330-0020(T), 411-330-0065(T)

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

Summary: The Department of Human Services (Department) is proposing to permanently update the comprehensive in-home support services rules for adults with developmental disabilities in OAR chapter 411, division 330. The proposed rules create employer standards for an individual or an individual’s representative who is an employer of an independent provider who is paid with public assistance funds through comprehensive in-home support services.

Rules Coordinator: Christina Hartman

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

Telephone: (503) 945-6398


Department of Public Safety Standards and Training, Chapter 259

Rule Caption: Clarify OLCC exemption from regulation as a private security provider (SB 1524).

Stat. Auth.: ORS 181.870, 181.873, 181.871 & 181.878

Stats. Implemented: ORS 181.870, 181.873, 181.871 & 181.878

Proposed Amendments: 259-060-0010, 259-060-0015

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

Summary: SB 1524, passed in the 2012 legislative session, updated the definition of “private security services” and adds to the list of individuals exempt from regulation as a private security provider persons with a valid service permit issued by OLCC and employed by an OLCC licensee when performing age verification and controlling access to a premises of the licensee if the person is not armed, permitted to initiate confrontational activities or hired with the preliminary responsibility of taking enforcement.

 This rule update synchronizes the program definitions found in administrative rule to the statutory definitions. It also clarifies that the newly established OLCC licensure exemption applies only to those individuals whose primary duty does not include age verification or controlling access to premises where minors are prohibited.

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: Establish denial, revocation and suspension procedures for polygraph examiners and trainees.

Stat. Auth.: ORS 703.230

Stats. Implemented: ORS 703.210, 703.230

Proposed Amendments: 259-020-0010, 259-020-0015, 259-020-0030

Proposed Repeals: 259-020-0031

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

Summary: ORS 703.230 authorizes DPSST to adopt rules to administer and enforce the Polygraph Examiner’s Act. DPSST recently recognized a need to develop denial, suspension and revocation procedures for polygraph examiner and polygraph examiner trainee licensure. New rule language was developed which clearly identifies minimum behavioral standards for polygraph examiners and trainees as well as develops a defensible denial/suspension/revocation process, which includes a discretionary review process, a time period in which an individual whose application for licensure has been denied or whose licensure has been revoked is ineligible to hold any level of polygraph examiner licensure, and a reconsideration process.

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: Clarify private investigator application process.

Stat. Auth.: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480

Stats. Implemented: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480

Proposed Amendments: 259-061-0020

Proposed Repeals: 259-061-0030, 259-061-0050, 259-061-0055, 259-061-0060, 259-061-0070, 259-061-0080, 259-061-0090

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

Summary: This proposed update combines all of the private investigator application requirements into one rule. The title of OAR 259-061-0020 is changed from “Initial and Renewal Applications” to “Application for Private Investigator Licensure” and contains the information found in OAR 259-061-0030 (Application Requirements for Licensees with Expired License), OAR 259-061-0050 (Bonds and Letters of Credit), OAR 259-061-0055 (Errors and Omission Insurance), OAR 259-061-0060 (Photographs for Identification), OAR 259-061-0070 (Fingerprint ID Cards), OAR 259-061-0080 (References) and OAR 259-061-0090 (Review of Application Materials). As a result, these rule will be repealed.

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: Update Private Security forms list.

Stat. Auth.: ORS 181.878

Stats. Implemented: ORS 181.878

Proposed Amendments: 259-060-0600

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

Summary: This proposed rule change updates the Private Security forms list found in rule. The title of Form PS-8 was changed to “Private Security Instructor Continuing Education,” and Form PS-30 Reconsideration Application for Private Security Service Providers was added.

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: Clarify Private Investigator licensure fee schedule; Add current fees to rule.

Stat. Auth.: ORS 703.415, 703.425, 703.430, 703.435, 703.445, 703.450, 703.460, 703.465 & 703.480

Stats. Implemented: ORS 703.401–703.995

Proposed Amendments: 259-061-0010

Proposed Repeals: 259-061-0015

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

Summary: DPSST is given statutory authority to prescribe and collect fees not to exceed the cost of administering the Private Investigator program. Administrative rule has been updated to include the fees currently charged for application, issuance of licensure, renewal, temporary licensure and inactivation/reactivation of licensure.

 Additionally, the information contained in OAR 259-061-0015 (Payment of Fees) has been added into OAR 259-061-0010 (Fees) for readability and consistency. As a result, OAR 259-061-0015 is repealed.

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: Define full-time undergraduate student; Remove reimbursement; Add department notification requirement; Housekeeping change.

Stat. Auth.: ORS 243.950

Stats. Implemented: ORS 243.962 & 243.968

Proposed Amendments: 259-070-0020

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

Summary: ORS 243.954(1) defines a “child” as “a person who is the natural child, adopted child or stepchild of a public safety officer and who is *** (b) 18 through 22 years of age and enrolled as a full-time undergraduate student ***.” To provide clarity, a definition of “full-time undergraduate student” was added to the rule using the current IRS definition as a guideline. Also, the word “reimbursement” was removed as the program currently pays the health/dental benefit proactively, and a requirement to immediately notify the Department upon any change of beneficiary eligibility status is added. Finally, “designee” was added to subsection (2)(a)(A) to correct and oversight from a previous rule revision.

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: Define de minimis consideration (SB 635).

Stat. Auth.: ORS 181.870 & 181.878

Stats. Implemented: ORS 181.870 & 181.878

Proposed Amendments: 259-060-0010

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

Summary: SB 635, passed during the 2011 legislative session, adds to the list of individuals exempt from regulation as private security providers persons who provide “security services as a volunteer or for de minimis consideration other than money for an event operated for the benefit of a corporation that is organized not for profit ...” This rule defines “de minimis consideration” as non-monetary compensation which does not exceed a fair market value of $125 per day.

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: Update certification recall process to certification suspension process in situations of maintenance training deficiencies.

Stat. Auth.: ORS 181.640, 181.644, 181.651, 181.652, 181.653, 181.654, 181.665 & 181.667

Stats. Implemented: ORS 181.640, 181.644, 181.651, 181.652, 181.653, 181.654, 181.665 & 181.667

Proposed Amendments: 259-008-0005, 259-008-0060, 259-008-0064, 259-008-0065, 259-008-0066, 259-008-0076

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

Summary: DPSST currently recalls the certification of any law enforcement officer who fails to meet the maintenance training requirements found in administrative rule. The recall is retroactive to the date that the training should have been completed and remains in effect until the required training is completed.

 A recent DOJ analysis revealed that DPSST does not have the authority to recall a certification. The only option available to DPSST when an officer fails to complete the maintenance training is to suspend their certification. Pursuant to statute, a suspension is subject to the contested case proceedings, affording the holder of the certification the right to an administrative hearing prior to suspension of certification. Also, suspensions cannot be retroactive. Any suspension would be effective upon the entry of a final order and would remain in effect until the missing training is completed.

 There are few substantive process changes making the transition from “certification recalls” to “certification suspensions.” In almost all cases the maintenance deficiencies are promptly resolved by the officer and agency. The contested case process would be available to officers in the event that there was a dispute and the maintenance deficiencies were not addressed. The letters sent to officers who fail to complete maintenance training will become part of the contested case process and will include formal written notice of DPSST’s proposed action and affected officer’s right to request a hearing pursuant to the Attorney General’s Model Rules of Procedure adopted by DPSST.

Rules Coordinator: Linsay Hale

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

Telephone: (503) 378-2431


Department of State Lands, Chapter 141

Rule Caption: Adopt new rules governing the management of remediation and restoration activities on state-owned land.

Date: Time: Location:

12-18-12  5 p.m. North Bend Library  1800 Sherman Ave.  North Bend, OR

1-9-13 5 p.m. Linnton Community Ctr.  10614 NW St. Helens Rd.  Portland, OR

Hearing Officer: Christopher Castelli or Jim Paul

Stat. Auth.: ORS 183 – regarding administrative procedures & rules of state agencies; ORS 273 – regarding the creation & general powers of the Land Board; ORS 274 – regarding submerged & submersible lands

Other Auth.: Oregon Constitution, Article VIII, Section 5

Stats. Implemented: ORS 274

Proposed Adoptions: 141-145-0000, 141-145-0005, 141-145-0010, 141-145-0015, 141-145-0015, 141-145-0020, 141-145-0025, 141-145-0030, 141-145-0035, 141-145-0040, 141-145-0045, 141-145-0050, 141-145-0055, 141-145-0060, 141-145-0065, 141-145-0070, 141-145-0075, 141-145-0080, 141-145-0085, 141-145-0090

Last Date for Comment: 1-31-13, Close of Business

Summary: On December 14, 2010 the State Land Board directed the Department of State Lands to initiate rulemaking to develop new rules governing the processes to be used by the Department to authorize environmental remediation and/or restoration activities undertaken by, or pursuant to an order issued by DEQ or the EPA within the Portland Harbor Superfund Site and other locations throughout Oregon.

 The proposed rules define the administrative process by which the Department will authorize remedial actions on state-owned submerged and/or submersible lands. The Department will authorize these uses by issuing access authorizations, easements, and leases. The authorization type can vary depending on the time requested, type of remediation, and applicant preference. The proposed rules also define the administrative process by which conservation easements for habitat restoration will be issued.

 The Department convened a rulemaking advisory committee (RAC) to assist in the drafting of this rule. The RAC had seven all day meetings spanning from December of 2011 to September of 2012. The RAC discussed remediation and restoration issues; and provided comment, edits and proposed language for this rulemaking effort. At the September 6, 2012 meeting, the RAC voted unanimously that the draft rules were ready to move to the public comment phase.

 For additional information on this rulemaking process please visit the following link on the Departments website http://www.oregon.gov/dsl/Pages/rules_activity.aspx#Land_Management_Division

 To comment on this rulemaking, submit your comments by mail to:

 Tiana Teeters, Rules Coordinator

 Division 145 Rulemaking

 Department of State Lands

 775 Summer Street N.E., Suite 100

 Salem, Oregon 97301

 To comment on this rulemaking, submit your comments by e-mail to: remediation.rulemaking@dsl.state.or.us

Rules Coordinator: Tiana Teeters

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

Telephone: (503) 986-5239


 

Rule Caption: Limiting Use of Motorized Vehicles in the Chetco River Owned by the State of Oregon.

Date: Time: Location:

12-19-12  5 p.m. City of Brookings City Hall  898 Elk Dr.  Brookings, OR 97415

Hearing Officer: Christopher Castelli or Jim Paul

Stat. Auth.: ORS 183 - regarding administrative procedures & rules of state agencies; ORS 273 - regarding the creation & general powers of the Land Board; ORS 274 - regarding submerged & submersible lands

Other Auth.: OR Constitution, Art. VIII, Sec. 5

Stats. Implemented: ORS 273 & 274

Proposed Adoptions: 141-088-0055

Last Date for Comment: 1-31-13, 5 p.m.

Summary: This rulemaking will amend the Department’s public recreational use rules relative to state-owned submerged and submersible land in the Chetco River. On October 20, 2011, the Department received a petition for rulemaking from the Chetco River Watershed Council, pursuant to ORS 183.390 and OAR 137-001-0070. The petition sought adoption of a rule limiting use of motorized vehicles in the wetted channel of the Chetco River, subject to certain exceptions. The petition asserted that use of motorized vehicles within the wetted river channel “poses a significant risk of harm and damage to the natural resource of the land and to the public.” The Department recommended to the State Land Board that it grant the petition and authorize the Department to initiate rulemaking to impose additional restrictions on the public recreational use of state-owned land on the Chetco River as part of the Department’s rules on “Public Recreational Use of State-Owned Property” found in Oregon Administrative Rules at OAR 141-088. The State Land Board approved this request at the December 13, 2011 meeting.

 The Chetco River Watershed Council petition proposed a rule that provided:

 All state-owned land that is under the jurisdiction of the Department that is between the line of ordinary high water and the line of ordinary low water on the Chetco River, and all state-owned land that is managed by the Department that is also in the vicinity of, or that comprises the Chetco River, is subject to the following prohibition:

 (1) The driving in, across, or through the wetted channel of the river by motorized vehicles for recreational purposes is prohibited.

 Excepted from the closure are government-owned vehicles on official business, motor or non-motorized boats, vehicles used in the launching of boats, public and private utility vehicles performing company business, and vehicles operating in activities under permit, vehicles involved in rescue or emergency activities, and permitted vehicles engaged in repair of fences and placement of bank protection material.

 Although the Department supports the adoption of a rule that limits use of motorized vehicles in the wetted channel of the Chetco River, subject to certain exceptions, the Department has identified a number of deficiencies in the form of the rule proposed by the Chetco River Watershed Council. First, although the proposed rule prohibits certain uses within the “wetted channel” of the Chetco River, the term “wetted channel” is not defined. Second, the proposed rule fails to identify with specificity the geographic limits of the state’s ownership of the Chetco River and improperly includes “all state-owned land that is managed by the Department that is also in the vicinity of, or that comprises the Chetco River.” Finally, the form of the proposed rule is inconsistent with the form of similar rules in Division 88 that limit recreational use in other state-owned waterways.

 The Department convened a rule advisory committee (RAC) on October 30, 2012. The RAC included a number of stakeholders, including the petitioners of the rule. The RAC recommended rule language that clarified the focus of the rule on the main channel, or stem of the river, as opposed to small side channels that may need to be crossed in order to access gravel bars.

 In order to correct these deficiencies, and meet the recommendations of the RAC, the Department is proposing adoption of an alternative rule that will accomplish the objectives sought by the Chetco River Watershed Council petition for rulemaking. The Department’s proposed rule provides:

 141-088-0055 Restrictions on Use of Motorized Vehicles in the State-Owned Bed and Banks of the Chetco River

 (1) All state-owned land that is under the jurisdiction of the Department that is below the line of ordinary high water on the Chetco River from the Highway 101 Bridge to River Mile 11 (about one mile upstream from the mouth of Elk Creek) is closed to any and all use by motor vehicles within the wetted channel of the main stem of the river. Excepted from the closure are Government-owned vehicles on official business, motor or non-motorized boats, vehicles used in the launching or the retrieving of boats, vehicles operating under an authorization issued by the Department, public and private utility vehicles performing company business, vehicles involved in rescue or emergency activities, and vehicles engaged in repair of fences and placement of bank protection material.

 (2) For the purposes of this rule, “wetted channel of the main stem” means state-owned submerged and/or submersible land of the primary segment of the river that is inundated by the waterway at the time of use.

 The Department is seeking public comment on both the rule proposed by the Chetco River Watershed Council and on the alternative rule proposed by the Department, both of which would ban the use of motorized vehicles in the state-owned portion of the wetted channel of the Chetco River, subject to certain exceptions.

Rules Coordinator: Tiana Teeters

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

Telephone: (503) 986-5239


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

Rule Caption: Waiving Commercial Driver License Skills Test for Drivers with Military CMV Experience.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.070, 807.072, 807.080 & 807.170

Other Auth.: Federal Motor Carrier Safety Regulations of the U.S. Department of Transportation, CFR Title 49, Sec. 383.77

Stats. Implemented: ORS 807.070, 807.072, 807.080 & 807.170

Proposed Amendments: 735-062-0080

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

Summary: Many Americans are returning to civilian life from military service and are looking for employment. The public and private sectors are looking for employees trained to drive commercial motor vehicles. The U.S. Department of Transportation, Federal Motor Carrier Safety Administration (FMCSA), Department of Defense, Department of Labor and Department of Veterans Affairs have joined efforts to ease the transition process for returning service members. The FMCSA promulgated a rule that allows states to accept military truck driving experience in lieu of a skills test when a service member applies for a commercial driver license (CDL) if certain criteria are met. The FMSCA, U.S. Army and Department of Defense provided input to the American Association of Motor Vehicle Administrators (AAMVA) to assist with the establishment of a standardized application form states could use to waive skills testing based on military experience driving commercial motor vehicles. DMV wishes to join this effort to ease the transition of military personnel back into the civilian workforce by waiving the skills portion of the testing process to obtain a Class A or Class B CDL for qualified applicants.

 ORS 807.072(3) allows DMV to waive the actual demonstration required under ORS 807.070 under circumstances established by DMV by rule. Therefore, DMV proposes to amend OAR 735-062-0080 to establish criteria for waiver of the CDL skills testing for those returning from military service who meet certain criteria, including that the applicant’s primary duty while serving in the military was the operation of commercial motor vehicles. DMV further proposes to amend the rule to no longer consider waiving the skills test if the applicant is surrendering a CDL issued by a Canadian Province or the United Mexican States, as DMV is unable to determine what classification of vehicle is authorized by such license or the testing process the person goes through when obtaining such licensure.

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171


Department of Transportation, Highway Division, Chapter 734

Rule Caption: Rest Areas.

Stat. Auth.: ORS 164.245, 184.616, 184.619, 366.205 & 366.493

Stats. Implemented: ORS 164.805, 366.205, 366.493, 374.305, 377.030 & 810.030

Proposed Adoptions: 734-030-0016

Proposed Amendments: 734-030-0005, 734-030-0010, 734-030-0015

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

Summary: ORS 366.493 allows the Oregon Transportation Commission to adopt rules governing health and safety in rest areas under the jurisdiction of the Department of Transportation. These rules update the existing rule language and provide for the exclusion from a rest area for up to one year for violation of the rest area rules and other regulations.

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171


Department of Transportation, Motor Carrier Transportation Division, Chapter 740

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

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

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

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

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

Summary: The proposed amendment constitutes an adoption of the rules of the International Registration Plan (IRP) to the date of January 1, 2013. Title 26 Code of Federal Regulations Part 41 (HVUT) requires the State to confirm proof of payment of the tax, and require proof of payment by the State as a condition of issuing a registration for a highway motor vehicle. The amendment of OAR 740- 740-200-0020 adopts HVUT and amendments with the effective date of January 1, 2013, and ensures Oregon remains current with national commercial motor vehicle registration standards. International Fuel Tax Agreement (IFTA) and associated material are applicable to Oregon-based motor carriers who participate in IFTA as a way to report and pay fuel tax to other jurisdictions. The revision to OAR 740-200-0040 adopts the most recent version of IFTA and associated material as the procedures and guidelines for Oregon-based IFTA participants with the effective date of January 1, 2013 to ensure Oregon remains current with the international IFTA standards.

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171


Economic Recovery Review Council, Chapter 966

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

Stat. Auth.: ORS 197.723

Stats. Implemented: ORS 197.723

Proposed Adoptions: 966-100-0100 – 966-100-0500

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

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

 A Notice of Rulemaking for these rules was erroneously filed under Chapter 123 for the November 1, 2012 Oregon Bulletin. This refile reflects the correct chapter for the Economic Recovery Review Council.

Rules Coordinator: Mindee Sublette

Address: Economic Recovery Review Council, 775 Summer St. NE, Suite 200, Salem, OR 97301

Telephone: (503) 986-0036


Oregon Business Development Department, Chapter 123

Rule Caption: These rules have been amended to include minor housekeeping changes to the definitions and criteria.

Stat. Auth.: ORS 285A.075, 285A.227(2)

Stats. Implemented: ORS 285A.227, 285A.045 & 285A.055

Proposed Amendments: 123-009-0060, 123-009-0090

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

Summary: Minor housekeeping changes have been made to the definitions, deleting two definitions and making a small change to one. Statutory references and language were added to the criteria.

Rules Coordinator: Mindee Sublette

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

Telephone: (503) 986-0036


Oregon Department of Education, Chapter 581

Rule Caption: Reorganization and revision of rules relating to standards for public schools.

Stat. Auth.: ORS 326.051 & 329.075

Stats. Implemented: ORS 329, 327.102 & 327.103

Proposed Adoptions: 581-022-2200

Proposed Amendments: 581-011-0050, 581-011-0071, 581-011-0087, 581-015-2050, 581-015-2060, 581-016-0700, 581-016-0710, 581-020-0338, 581-021-0072, 581-021-0210, 581-022-0102, 581-023-0006, 581-023-0008

Proposed Repeals: 581-022-0405, 581-022-1020, 581-022-1030, 581-022-1365, 581-022-1630, 581-022-1360, 581-022-1362, 581-022-1363, 581-022-1366, 581-022-1367, 581-022-1368, 581-022-1370, 581-022-1371, 581-022-1372

Proposed Ren. & Amends: 581-022-0413 to 581-022-2045, 581-022-0416 to 581-022-2210, 581-022-0421 to 581-022-2215, 581-022-0606 to 581-022-2250, 581-022-0610 to 581-022-2100, 581-022-0612 to 581-022-2110, 581-022-0615 to 581-022-2115, 581-022-0617 to 581-022-2120, 581-022-0620 to 581-002-0025, 581-022-0705 to 581-022-2220, 581-022-0711 to 581-022-2205, 581-022-0807 to 581-022-2300, 581-022-1060 to 581-022-2255, 581-022-1065 to 581-002-0020, 581-022-1130 to 581-022-2000, 581-022-1131 to 581-022-2025, 581-022-1133 to 581-022-2015, 581-022-1134 to 581-022-2010, 581-022-1135 to 581-022-2020, 581-022-1140 to 581-022-2310, 581-022-1210 to 581-022-2030, 581-022-1215 to 581-022-2040, 581-022-1310 to 581-022-2325, 581-022-1320 to 581-022-2330, 581-022-1330 to 581-022-2500, 581-022-1340 to 581-022-2315, 581-022-1350 to 581-022-2505, 581-022-1364 to 581-022-2335, 581-022-1420 to 581-022-2225, 581-022-1430 to 581-022-2230, 581-022-1440 to 581-022-2050, 581-022-1510 to 581-021-0435, 581-022-1512 to 581-021-0013, 581-022-1520 to 581-020-0525, 581-022-1530 to 581-022-2345, 581-022-1610 to 581-022-2305, 581-022-1620 to 581-022-2320, 581-022-1622 to 581-022-2350, 581-022-1640 to 581-022-2355, 581-022-1650 to 581-022-2360, 581-022-1660 to 581-022-2260, 581-022-1661 to 581-022-2265, 581-022-1670 to 581-022-2270, 581-022-1710 to 581-022-2400, 581-022-1720 to 581-022-2405, 581-022-1723 to 581-022-2410, 581-022-1724 to 581-022-2415, 581-022-1725 to 581-022-2420, 581-022-1730 to 581-022-2430, 581-022-1910 to 581-021-0009, 581-022-1920 to 581-002-0035, 581-022-1940 to 581-002-0040, 581-022-1941 to 581-022-2370

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

Summary: OAR Division 22 establishes the standards for all public schools. Oregon law requires school districts to meet these standards and establishes sanctions for districts that do not meet these requirements. The revisions and reorganization of division 22 removes obsolete, redundant and old rules. Renumbers rules that direct the state to take action and are not appropriately currently in division 22. Reorganizes the rule division to make it more easily accessible to stakeholders. Below is an outline that identifies the changes. Others rules outside of division 22 are being amended to reflect the new rule numbers.

 Division 22 Review and Revision 2012

 Master List of Changes

 Definitions:

 0102 Definitions

 Diplomas/Curriculum/Instruction:

 2000 formerly 1130 Diploma Requirements

 2010 formerly 1134 Modified Diploma

 2015 formerly 1133 Extended Diploma

 2020 formerly 1135 Alternative Certificate

 2025 formerly 1131 Credit Options

 2030 formerly 1210 District Curriculum

 2040 formerly 1215 Literacy Instruction

 2045 formerly 0413 Prevention Education in Drugs and Alcohol

 2050 formerly 1440 Human Sexuality Education

 Assessment:

 2100 formerly 0610 Administration of State Assessments

 2110 formerly 0612 Exception of Students with Disabilities from State Assessment

 2115 formerly 0615 Assessment of Essential Skills

 2120 formerly 0617 Essential Skill Assessments for English Language Learners

 Health/Safety/Access:

 2200 formerly 1140(2) Harassment, Intimidation, Bullying and Cyberbullying

 2205 formerly 0711 Policies on Reporting of Child Abuse

 2210 formerly 0416 Anabolic Steroids and Performance Enhancing Substances

 2215 formerly 0421 Safety of School Sports — Concussions

 2220 formerly 0705 Health Services

 2225 formerly 1420 Emergency Plans and Safety Programs

 2230 formerly 1430 Asbestos Management Plans

 Accountability:

 2250 formerly 0606 District Improvement Plan

 2255 formerly 1060 School and District Performance Report Criteria

 2260 formerly 1660 Records and Reports

 2265 formerly 1661 Report on PE Data

 2270 formerly 1670 Individual Student Assessment, Recordkeeping and Reporting

 Operations:

 2300 formerly 0807 Standardization

 2305 formerly 1610 Operating Policies and Procedures

 2310 formerly 1140(1) Equal Education Opportunities

 2315 formerly 1340 Special Education for Children with Disabilities

 2320 formerly 1620 Required Instructional Time

 2325 formerly 1310 Identification of Academically Talented and Intellectually Gifted Students

 2330 formerly 1320 Rights of Parents of TAG Students

 2335 formerly 1364 Expanded Options — Requirements for Oregon Public School Districts

 2345 formerly 1530 Auxiliary Services

 2350 formerly 1622 Independent Adoptions of Instructional Materials

 2355 formerly 1640 Instructional Materials Adoption

 2360 formerly 1650 Postponement of Purchase of State-Adopted Instructional Materials

 2370 formerly 1941 Complaint Procedure

 Personnel:

 2400 formerly 1710 Personnel

 2405 formerly 1720 Personnel Policies

 2410 formerly 1723 Teacher and Administrator Evaluation and Support

 2415 formerly 1724 Core Teaching Standards

 2420 formerly 1725 Educational Leadership — Administrator Standards

 2430 formerly 1730 Fingerprinting of Subject Individuals in Positions Not Requiring Licensure as Teachers, Administrators, Personnel Specialists, School Nurses

 Support Services:

 2500 formerly 1330 Programs and Services for TAG Students

 2505 formerly 1350 Alternative Education Programs

 Rules to be moved to new division 002 for State responsibilities:

 002-0020 formerly 1065 Substantive Appeals of AYP designation

 002-0025 formerly 0620 Oregon Statewide Assessment

 002-0035 formerly 1920 School District Waivers

 002-0040 formerly 1940 Appeal Procedure

 Rules to be moved to division 20:

 -020-0525 formerly 1520 Media Programs

 Rules to be moved to division 21:

 021-0009 formerly 1910 Exemptions

 021-0013 formerly 1512 Child Development Specialist Programs (note move to div 21)

 021-0435 formerly 1510 Comprehensive Guidance and Counseling

 Rules to be completely removed and repealed:

 0405 Career Education

 1020 State Goals for Elementary and Secondary Education

 1030 Local District Goals

 1365 Expanded Options Annual Notice

 1369 Expanded Options Report to Legislative Committees and Joint Boards (already repealed)

 1630 Daily Class Size

 1680 Interscholastic Activity Organizations (already repealed)

 1360 Expanded Options Annual Notice

 1362 Expanded Options Purpose

 1363 Expanded Options Definitions

 1366 Expanded Options Annual Credit Hour Cap

 1367 Expanded Options Responsibilities of Eligible Students

 1368 Expanded Options State School Fund, Expenditures, Request for Waiver

 1370 Expanded Options Alternative Programs

 1371 Expanded Options Charter School Participation

 1372 Expanded Options request for Program Waiver

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


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

Rule Caption: New Rules: Oregon Health Authority’s Consumer Advisory Council.

Date: Time: Location:

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

Hearing Officer: Nola J. Russell

Stat. Auth.: ORS 413.042 & 430.073

Stats. Implemented: ORS 430.073

Proposed Adoptions: 309-011-0200, 309-011-0205, 309-011-0210, 309-011-0215, 309-011-0220, 309-011-0225, 309-011-0230

Proposed Repeals: 309-011-0120, 309-011-0125, 309-011-0130, 309-011-0135, 309-011-0140

Last Date for Comment: 12-24-12, 5 p.m.

Summary: These rules implement ORS 430.073, related to the Addiction and Mental Health (AMH) Division’s Consumer Advisory Council (CAC). The CAC is established to advise the Director of the Oregon Health Authority (OHA) on the provision of mental health services.

Rules Coordinator: Nola Russell

Address: Oregon Health Authority, Addictions and Mental Health Division: Mental Health Services, 500 Summer St. NE, E86, Salem, OR 97301-1118

Telephone: (503) 945-7652


 

Rule Caption: State Hospital Admissions and Discharges.

Date: Time: Location:

1-9-13  1 p.m. 500 Summer St. NE, Rm.137-D  Salem, OR 97301

Hearing Officer: Nola J. Russell

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 179.321, 426.010, 426.020 & 426.072

Proposed Adoptions: 309-091-0037

Proposed Amendments: 309-091-0005, 309-091-0010, 309-091-0015, 309-091-0035, 309-091-0038

Last Date for Comment: 1-16-13, 5 p.m.

Summary: These rules establish and define the criteria which support the proper management and utilization of services provided by the Oregon state hospital system, by limiting admissions to those most severely symptomatic individuals whose treatment and recovery needs cannot be met in a community treatment setting.

Rules Coordinator: Nola Russell

Address: Oregon Health Authority, Addictions and Mental Health Division: Mental Health Services, 500 Summer St. NE, E86, Salem, OR 97301-1118

Telephone: (503) 945-7652


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

Rule Caption: Permanent Adoption of the Pharmacy & Therapeutics Committee, Prior Authorization and Preferred Drug List Rules.

Date: Time: Location:

12-18-12  10:30 a.m. 500 Summer St. NE, Rm. 137C  Salem, OR 97301

Hearing Officer: Cheryl Peters

Stat. Auth.: ORS 409.025, 409.040, 409.110, 413.032, 413.042, 414.065, 414.325, 414.330, 414.355, 414.360, 414.365, 414.370, 414.380, 414.414 & 2011 OL Ch. 720 (HB 2100)

Stats. Implemented: ORS 414.065, 414.325, 414.334, 414.361, 414.369, 414.371 & 2011 OL Ch. 720 (HB 2100)

Proposed Adoptions: 410-121-0111

Proposed Amendments: 410-121-0030, 410-121-0033, 410-121-0040, 410-121-0100

Proposed Repeals: 410-121-0030(T), 410-121-0033(T), 410-121-0040(T), 410-121-0100(T), 410-121-0111(T)

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

Summary: The Pharmaceutical Services Program administrative rules (division 121) govern Division payments for services provided to certain clients. The Division permanently adopted 410-121-0111 retroactive to September 5, 2011, pursuant to Oregon Laws 2011, chapter 720 (HB 2100) and amended 410-121-0033 & 410-121-0100 to comply with State and Federal mandates regarding the combined Drug Use Review (DUR)/Pharmacy & Therapeutics Committee. The Division permanently amended 410-121-0030 & 410-121-0040 based on recommendations by the Oregon Pharmacy & Therapeutics Committee to ensure the safety of Oregon Health Plan recipients. The Division will also permanently repeal 410-121-0030(T), 410-121-0033(T), 410-121-0040(T), 410-121-0100(T), & 410-121-0111(T). Having temporarily adopted and amended rules listed below the Division will permanently adopt, amend and repeal with this Notice of Proposed Rulemaking:

 410-121-0030 – Permanently adopt temporary changes filed on September 24, 2012 based on recommendations made by the Pharmacy & Therapeutics Committee during the July 28, 2012 meeting. Update the preferred drug list based on recommendations made by the Pharmacy & Therapeutics Committee during the September 27, 2012 meeting.

 410-121-0033 – Permanently adopt temporary changes filed on September 19, 2012 based on recommendations made by a Rules Advisory Committee meeting held on November 11, 1011.

 410-121-0040 – Permanently adopt temporary changes filed on September 24, 2012 based on recommendations made by the Pharmacy & Therapeutics Committee during the July 28, 2012 meeting. Update the prior authorization guide based on recommendations made by the Pharmacy & Therapeutics Committee during the September 27, 2012 meeting.

 410-121-0100 – Permanently adopt temporary changes filed on September 19, 2012 based on recommendations made by a Rules Advisory Committee meeting held on November 11, 1011.

 410-121-0111 – Permanently adopt temporary changes filed on September 19, 2012 based on recommendations made by a Rules Advisory Committee meeting held on November 11, 1011.

Rules Coordinator: Cheryl Peters

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

Telephone: (503) 945-6527


 

Rule Caption: Amendment of DMEPOS rules due to legislative buyback and additional budget reductions.

Date: Time: Location:

12-18-12  10:30 a.m. 500 Summer St. NE, Rm. 137C  Salem, OR 97301

Hearing Officer: Cheryl Peters

Stat. Auth.: ORS 414.065

Stats. Implemented: ORS 414.065

Proposed Amendments: 410-122-0186, 410-122-0325

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

Summary: The Division needs to amend OAR 410-122-0186 to implement new payment methodology that reflects additional reimbursement provided by the legislative buyback to the DMEPOS program and factoring in additional budget reductions for the remainder of the biennium. The Division needs to amend OAR 410-122-0325 to implement new payment methodology as a cost saving to meet budget mandates.

Rules Coordinator: Cheryl Peters

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

Telephone: (503) 945-6527


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

Rule Caption: Amend administrative rules for the Family Health Insurance Assistance Program.

Date: Time: Location:

12-18-12  10 a.m. 525 Trade St SE (Lower level)  Salem OR 97301

Hearing Officer: John McLean

Stat. Auth.: ORS 414.842(2) & 414.858

Stats. Implemented: ORS 414.841–414.858

Proposed Adoptions: 442-005-0235

Proposed Amendments: 442-005-0000, 442-005-0010, 442-005-0020, 442-005-0030, 442-005-0040, 442-005-0050, 442-005-0070, 442-005-0080, 442-005-0090, 442-005-0100, 442-005-0110, 442-005-0120, 442-005-0130, 442-005-0140, 442-005-0150, 442-005-0160, 442-005-0170, 442-005-0180, 442-005-0190, 442-005-0200, 442-005-0210, 442-005-0220, 442-005-0230, 442-005-0240, 442-005-0260, 442-005-0270, 442-005-0280, 442-005-0290, 442-005-0300, 442-005-0310, 442-005-0320, 442-005-0330, 442-005-0340

Proposed Repeals: 442-005-0350

Last Date for Comment: 12-24-12, 5 p.m.

Summary: The Office of Private Health Partnerships (OPHP) Family Health Insurance Assistance Program (FHIAP) is amending the Oregon Administrative Rules to make corrections, modify procedures to increase efficiency, and make minor word changes. As a continued effort to make the Oregon Administrative Rules more efficient, the Office will delete OAR 442-005-0320, removing unnecessary text and placing other text in more appropriate rules.

Rules Coordinator: Wanda Davis

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

Telephone: (503) 378-5901


Oregon Health Authority, Public Health Division, Chapter 333

Rule Caption: Edits, amendments and adoption of rules related to Radiation Protection Service’s programs.

Date: Time: Location:

12-20-12  10 a.m. Portland State Office Bldg.  800 NE Oregon St., Rm. 1B  Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 431.925–431.955 & 453.605–453.807

Other Auth.: Nuclear Regulatory Commission’s 10 CFR Parts 1 through 50

Stats. Implemented: ORS 431.930 & 453.605–453.807

Proposed Adoptions: 333-119-0041, 333-123-0055, 333-123-0060, 333-123-0065, 333-123-0070, 333-123-0075, 333-123-0080, 333-123-0085, 333-123-0090, 333-123-0095, 333-123-0100, 333-123-0105, 333-123-0110, 333-123-0115

Proposed Amendments: 333-100-0005, 333-102-0115, 333-102-0203, 333-102-0250, 333-102-0285, 333-102-0340, 333-106-0045, 333-106-0101, 333-106-0305, 333-106-0315, 333-106-0325,333-106-0370, 333-106-0720, 333-116-0040, 333-116-0050, 333-116-0090, 333-116-0640, 333-116-0660, 333-116-0670, 333-116-0680, 333-116-0683, 333-116-0687, 333-116-0690, 333-116-0700, 333-116-0715, 333-116-0720, 333-116-0740, 333-116-0880, 333-116-0905, 333-118-0150, 333-119-0040, 333-119-0080, 333-120-0630, 333-120-0730, 333-123-0005

Proposed Repeals: 333-116-0405

Last Date for Comment: 12-24-12, 5 p.m.

Summary: The Oregon Health Authority, Public Health Division, Center for Health Protection is proposing to permanently adopt, amend and repeal Oregon Administrative Rules (OAR) in chapter 333, divisions 100, 102, 106, 116, 118, 119, 120 and 123 related to programs within the Radiation Protection Services.

 The Radiation Materials Licensing program is proposing to amend rules to comply with the Nuclear Regulatory Commission’s 10 CFR Parts 1-50 to meet federal law pertaining to the medical use of radioactive material, clarifying the authorized material user’s training requirements, and to amend the rule pertaining to the “180 day” term by revising to state “180 consecutive days” in relationship to reciprocity activities performed within the state.

 The X-ray program is proposing to amend rules to recognize the Oregon Board of Medical Imaging’s ORS 688.405 relating to radiologic technology training and to update the website addresses. The program proposes to adopt new rules in division 123 relating to the use of electronic brachytherapy machines. These units currently have no regulations to provide guidance to the user and the Authority’s inspection staff. Also being revised is a rule to better define the definition of “Impracticable to transfer the patient to a stationary X-ray installation”.

 The Tanning program is proposing to amend rules to clarify construction and operations of tanning facilities by adding additional rules ensuring that clean sanitary towels and a receptacle be provided for soiled towels, and not allowing pets in the tanning facilities. Also being proposed is the adoption of a new rule that allows the tanning registrant to follow the manufactures’ guidelines for use of sanitation solutions and discontinue the regulation of requiring the Authority to maintain a list of approved sanitizers.

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: Revision of the Organizational Camp rules.

Date: Time: Location:

12-17-12  10 a.m. Portland State Office Bldg.  800 NE Oregon St., Rm. 1D  Portland, OR 97232

12-19-12 10:30 a.m. Douglas County Health   & Social Services Bldg.  621 W. Madrone, Rm. 101  Roseburg, OR 97470

Hearing Officer: Shannon O’Fallon

Stat. Auth.: ORS 446.330

Stats. Implemented: ORS 446.310–446.350

Proposed Amendments: 333-030-0015, 333-030-0020, 333-030-0025, 333-030-0030, 333-030-0035, 333-030-0040, 333-030-0050, 333-030-0055, 333-030-0060, 333-030-0065, 333-030-0070, 333-030-0075, 333-030-0080, 333-030-0085, 333-030-0090, 333-030-0095, 333-030-0100, 333-030-0103, 333-030-0105, 333-030-0110, 333-030-00115, 333-030-0120, 333-030-0125, 333-030-0130

Proposed Repeals: 333-030-0045

Last Date for Comment: 12-24-12, 5 p.m.

Summary: The Oregon Health Authority, Public Health Division is proposing to permanently amend and repeal Oregon Administrative Rules in chapter 333, division 30, related to organizational camp licensing and inspection. The proposed changes to the organizational camp rules are being made at the request of Oregon camp operators. The proposed rules help address the concerns of camp license holders concerning clarifying responsibility and accountability for contract and rental operations using camps. The proposed rules also address concerns of camp operators that the rules have become unwieldy and, in some cases, impossible to comply with because they do not take into account the changes that have occurred in the way camps currently operate.

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: Rule revisions to clarify regulatory requirements for public water suppliers.

Date: Time: Location:

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

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 448.131 & 448.150

Stats. Implemented: ORS 431.110, 431.120, 431.123, 431.150, 448.115, 448.123, 448.131, 448.135, 448.150, 448.175, 448.268, 448.271, 448.273, 448.278, 448.279, 448.280, 448.285, 448.290, 448.295, 448.300, 448.450, 448.455, 448.460, 448.465 & 448.994

Proposed Amendments: 333-061-0025, 333-061-0030, 333-061-0032, 333-061-0034, 333-061-0036, 333-061-0040, 333-061-0042, 333-061-0043, 333-061-0045, 333-061-0050, 333-061-0065, 333-061-0070, 333-061-0071, 333-061-0072, 333-061-0073, 333-061-0074, 333-061-0077, 333-061-0087, 333-061-0090, 333-061-0098, 333-061-0220, 333-061-0225, 333-061-0228, 333-061-0235, 333-061-0245, 333-061-0250, 333-061-0335

Proposed Repeals: 333-061-0058

Last Date for Comment: 12-24-12, 5 p.m.

Summary: The Oregon Health Authority, Public Health Division, Drinking Water Services section is proposing to permanently amend and repeal Oregon Administrative Rules in chapter 333, division 61 related to public water systems for clarification and housekeeping. The proposed amendments have been identified by program staff and the Drinking Water Advisory Committee to improve rule clarity and ensure the rules are consistent with current industry practices. Revisions specify that ultraviolet light (UV) transmittance is a necessary measurement for water systems using UV disinfection of surface water sources, waives monitoring of residual chlorine for water systems that verify there is no residual before water enters the distribution system, better protect public health by ensuring that significant deficiencies identified during a sanitary survey are consistent with other regulatory requirements, and aligns the rule for disinfection of new or repaired facilities with industry best management practices. The proposed repeal of OAR 333-061-0058 will improve rule organization and brevity.

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: Update of rules pertaining to Emergency Medical Services Providers, Ambulance Service Licensing, and Ambulance Licensing.

Date: Time: Location:

12-19-12  1 p.m. Portland State Office Bldg.  800 NE Oregon St., Rm. 1D  Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 676.165, 676.175, 682.017, 682.025, 682.028, 682.208, 682.215, 682.216, 682.220 & 682.224

Other Auth.: SB 234 (2011 OL Ch. 703)

Stats. Implemented: ORS 682.017 – 682.991

Proposed Adoptions: 333-250-0031, 333-265-0011, 333-265-0024

Proposed Amendments: 333-250-0010, 333-250-0020, 333-250-0030, 333-250-0040, 333-250-0041, 333-250-0042, 333-250-0043, 333-250-0044, 333-250-0045, 333-250-0047, 333-250-0048, 333-250-0050, 333-250-0060, 333-250-0070, 333-250-0080, 333-250-0100, 333-255-0000, 333-255-0010, 333-255-0020, 333-255-0030, 333-255-0040, 333-255-0050, 333-255-0060, 333-255-0070, 333-255-0071, 333-255-0072, 333-255-0073, 333-255-0079, 333-255-0080, 333-255-0081, 333-255-0082, 333-255-0090, 333-255-0091, 333-255-0092, 333-255-0093, 333-265-0000, 333-265-0010, 333-265-0014, 333-265-0015, 333-265-0023, 333-265-0025, 333-265-0050, 333-265-0060, 333-265-0085, 333-265-0105, 333-265-0110, 333-265-0160

Proposed Repeals: 333-265-0190

Last Date for Comment: 12-24-12, 5 p.m.

Summary: The Oregon Health Authority, Public Health Division, Emergency Medical Services and Trauma Systems Program is proposing to make changes in Oregon Administrative Rules, chapter 333, divisions 250, 255, and 265, to streamline and clarify rules, address requirements for training, testing and licensure of emergency medical services providers, to comply with SB 234 passed during the 2011 legislative session, and to implement upcoming curriculum changes. The program is also proposing amendments to add definition and variance stipulations for rural ambulance agencies.

Rules Coordinator: Brittany Sande

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

Telephone: (971) 673-1291


Oregon Health Licensing Agency, Chapter 331

Rule Caption: Allow agency to approve documentation for initial jewelry which shows metal composition and clean up.

Stat. Auth.: ORS 676.607 & 676.615

Stats. Implemented: ORS 690.390 & 690.405

Proposed Amendments: 331-900-0000, 331-900-0005, 331-900-0010, 331-900-0035, 331-900-0040, 331-900-0065, 331-900-0080, 331-900-0085, 331-900-0090, 331-900-0095, 331-900-0097, 331-900-0098, 331-900-0105, 331-900-0115, 331-900-0120, 331-900-0125, 331-900-0130, 331-905-0000, 331-905-0005, 331-905-0010, 331-905-0012, 331-905-0014, 331-905-0015, 331-905-0025, 331-905-0035, 331-905-0040, 331-905-0045, 331-905-0050, 331-905-0052, 331-905-0055, 331-905-0058, 331-905-0060, 331-905-0075, 331-905-0080, 331-905-0085, 331-905-0090, 331-905-0095, 331-905-0100, 331-905-0105, 331-905-0110, 331-905-0115, 331-905-0120, 331-910-0010, 331-910-0025, 331-910-0035, 331-910-0050, 331-910-0060, 331-910-0070, 331-910-0080, 331-910-0085, 331-915-0000331-915-0015, 331-915-0020, 331-915-0025, 331-915-0035, 331-915-0050, 331-915-0055, 331-915-0060, 331-915-0065, 331-915-0070, 331-915-0075331-915-0080, 331-915-0085, 331-920-0000, 331-920-0005, 331-925-0000, 331-925-0005, 331-925-0010, 331-925-0015, 331-925-0020, 331-925-0025, 331-925-0030, 331-925-0035, 331-925-0040, 331-925-0050, 331-950-0010, 331-950-0020, 331-950-0040

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

Summary: Administrative rule change allows the Oregon Health Licensing Agency (Agency) to revive temporary practitioner licenses up to four times in a one-year period. Currently the statutes do not allow “renewal” of temporary licenses.

 Clarify language related to disposal of waste with blood or bodily fluids and amend initial jewelry standards for both standard and specialty body piercing to allow the Agency to accept and approve documentation from jewelry manufacturers which shows the specific metal composition used to produce the jewelry. Initial jewelry for body piercing must meet a minimum standard under rule. The documentation may be in the form of 3rd party testing results.

 During the 2012 administrative rulemaking, cheek piercing was removed from specialty piercing. Under informed consent for specialty piercing, cheek piercing was not removed.

 Require that tattoo artists make copy of government issued identification for individuals over the age of 18, to be included in client record and specify documentation required from a physician prescribing a tattoo for a minor. Require the prescription from the physician and a copy of the minors photographic identification be included in the client record.

 Amendments make general housekeeping changes.

 Amend prohibitions for dermal implanting and scarification to denote that if the Agency implements an education and training program licensure may be possible in the future.

Rules Coordinator: Samantha Patnode

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

Telephone: (503) 373-1917


Oregon Housing and Community Services Department, Chapter 813

Rule Caption: Establish procedures for criminal records checks for applicants, employees, volunteers and contractors.

Date: Time: Location:

12-21-12  2 p.m. 725 Summer St. NE, Rm. 124B  Salem, OR

Hearing Officer: Angelique Morgan-Goldschmidt

Stat. Auth.: ORS 181.534 & 456.135

Stats. Implemented: ORS 181.534 & 456.569

Proposed Adoptions: 813-004-0200, 813-004-0210, 813-004-0220, 813-004-0230, 813-004-0240, 813-004-0250, 813-004-0260, 813-004-0270, 813-004-0280, 813-004-0290, 813-004-0300, 813-004-0310

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

Summary: The adoption of these rules will provide for the reasonable screening of subject individuals to determine if they have a history of criminal behavior such that they are not fit to work or volunteer in positions covered within OAR 813-004-0220.

Rules Coordinator: Sandy McDonnell

Address: Oregon Housing and Community Services Department, 725 Summer St. NE, Suite B, Salem, OR 97301

Telephone: (503) 986-2012


Oregon Liquor Control Commission, Chapter 845

Rule Caption: Clarifying licensee must promptly admit inspector or police officer whether business is open or closed.

Date: Time: Location:

1-8-13  10 a.m. 9079 SE McLoughlin Blvd.  Portland, OR 97222

Hearing Officer: Jennifer Huntsman

Stat. Auth.: ORS 471, 471.030, 471.040, 471.730(1) & (5)

Stats. Implemented: ORS 471.030, 471.040, 471.175, 471.178, 471.200, 471.315(1)(a)(H), 471.351(1), 471.405(1), 471.408, 471.412, 471.675 & 471.730

Proposed Amendments: 845-006-0345

Last Date for Comment: 1-22-13, 5 p.m.

Summary: This rule describes a variety of acts which both licensees (including their employees or agents) and service permittees are prohibited from engaging in. Section (4) specifies that no licensee or permittee will refuse admittance to a regulatory employee or police officer, whether during regular business hours or when the business is or appears closed. Due to recent case history, staff is recommending the amendment of section (4) regarding access to the premises. Currently subsection (4)(a) (governing the time when a business is open) prohibits a licensee or permittee from denying entrance to a regulatory employee or police officer. The proposed amendments would add language to subsection (4)(a) that would parallel the existing language in current subsection (4)(b) (governing the time when a business is closed) whereby the licensee or permittee would also be required to promptly admit a regulatory employee or police officer. The current subsections (4)(a) and (4)(b) would be combined into one new subsection (4)(a) with an identical standard for entry to the premises applying, regardless of whether the premises is open for business or closed. The remainder of the current rule language in section (4) governing once a regulatory employee or police officer is inside the premises would be relocated to a new subsection (4)(b).

Rules Coordinator: Jennifer Huntsman

Address: Oregon Liquor Control Commission, 9079 SE McLoughlin Blvd., Portland, OR 97222

Telephone: (503) 872-5004


Oregon Medical Board, Chapter 847

Rule Caption: Use of Name.

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.265

Proposed Amendments: 847-008-0065

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

Summary: Proposed rule amendment clarifies the definition and proof of legal name.

Rules Coordinator: Nicole Krishnaswami

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

Telephone: (971) 673-2667


 

Rule Caption: Approval of Supervising Physician.

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.510

Proposed Amendments: 847-050-0027

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

Summary: Proposed rule amendment adds a fine for failure to apply and be approved as a supervising physician by the Board prior to using the services of a physician assistant under a practice agreement.

Rules Coordinator: Nicole Krishnaswami

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

Telephone: (971) 673-2667


 

Rule Caption: Fee schedule.

Stat. Auth.: ORS 431.972, 676.410, 677.265 & 677.290

Stats. Implemented: ORS 431.972, 676.410, 677.265 & 677.290

Proposed Amendments: 847-005-0005

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

Summary: Proposed rule amendment reorganizes the fee schedule for accuracy and clarity and corrects a typo in the fines for delinquent registrations for physicians and podiatrists.

Rules Coordinator: Nicole Krishnaswami

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

Telephone: (971) 673-2667


 

Rule Caption: Physician Assistant dispensing and Physician Assistant Committee.

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.190, 677.205, 677.470, 677.515, 677.540 & 677.545

Proposed Amendments: 847-050-0041, 847-050-0065

Proposed Repeals: 847-050-0041(T), 847-050-0065(T)

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

Summary: Proposed rule amendments implement 2012 Senate Bill 1565 related to physician assistant dispensing, correct the reference to oral issuance of Schedule II drugs, and contain general language and grammar housekeeping.

Rules Coordinator: Nicole Krishnaswami

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

Telephone: (971) 673-2667


Oregon Watershed Enhancement Board, Chapter 695

Rule Caption: Revisions to land acquisition grant rules to implement an efficient, transparent, streamlined grant-making process.

Date: Time: Location:

12-19-12  10 a.m. Dept. of State Lands  Land Board Rm.  775 Summer St. NE  Salem, OR 97301

Hearing Officer: Renee Davis-Born

Stat. Auth.: ORS 541.932

Stats. Implemented: ORS 541.932(9) & 541.960

Proposed Adoptions: 695-045-0160, 695-045-0165, 695-045-0170, 695-045-0175, 695-045-0180, 695-045-0185, 695-045-0190, 695-045-0195, 695-045-0200, 695-045-0205, 695-045-0210, 695-045-0215, 695-045-0220

Proposed Amendments: 695-045-0010, 695-045-0020

Proposed Repeals: 695-045-0025, 695-045-0030, 695-045-0035, 695-045-0040, 695-045-0045, 695-045-0050, 695-045-0055, 695-045-0060, 695-045-0065, 695-045-0070, 695-045-0080, 695-045-0090, 695-045-0100, 695-045-0110, 695-045-0120, 695-045-0130, 695-045-0140, 695-045-0150

Last Date for Comment: 12-18-12, 5 p.m.

Summary: OWEB is proposing rule amendments and rulemaking related to the administration of the land acquisition grant program. The purpose of this process is to develop an efficient, streamlined process for grant-making. Specifically, minor revisions will be made to definitions [695-045-0010] and purpose [695-045-0020]. Rules outlining the previous land acquisition grant process [i.e., 695-045-0025 through 695-045-0150] will be repealed. These rules will be replaced by newly adopted rules describing the following components and requirements of the streamlined grant-making process: Application Limitations [695-045-0160]; Application Requirements [695-045-0165]; Grant Applicants [695-045-0170]; Use of Grant Funds [695-045-0175]; Matching Contributions [695-045-0180]; Application Evaluation Process [695-045-0185]; Board Approval and Delegation of Authority [695-045-0190]; Public Involvement [695-045-0195]; Director Funding Approval and Distribution of Funds [695-045-0200]; Director Funding Decision Reconsideration [695-045-0205]; Compliance and Enforcement [695-045-0210]; Subsequent Conveyances [695-045-0215]; and Waiver of Rules [695-045-0220].

 Public comment will be accepted on the proposed rules from December 1, 2012 through 5 p.m. on December 18, 2012. Copies of the proposed amendments will be available by December 1, 2012, on OWEB’s website (http://www.oregon.gov/OWEB/pages/admin_rules_statutes.aspx).

Rules Coordinator: Renee Davis-Born

Address: Oregon Watershed Enhancement Board, 775 Summer St. NE, Suite 360, Salem, OR 97301

Telephone: (503) 986-0029


Public Utility Commission, Chapter 860

Rule Caption: In the Matter of Housekeeping Changes to OAR 860-027-0015, New Construction Budget.

Stat. Auth.: ORS Ch. 183, 756 & 757

Other Auth.: 2005 OL Ch. 232 (SB 600)

Stats. Implemented: ORS 756.015 & 757.105

Proposed Amendments: 860-027-0015

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

Summary: This proposed housekeeping change eliminates the language “and large telecommunications utilities” from the rule to make the rule consistent with changes to the statutes effective in 2006 as a result of 2005 Senate Bill 600. The change will eliminate confusion about the applicability of the new construction budget reporting requirements.

 The Commission encourages participants to file written comments as early as practicable in the proceedings so that other participants have the opportunity to consider and respond to the comments before the deadline. Please reference Docket No. AR 568 on comments and file them by e-mail to the Commission’s Filing Center at PUC.FilingCenter//apps.puc.state.or.us/edockets/center.htm. Interested persons may review all filings online at http://apps.puc.state.or.us/edockets/docket.asp?DocketID=18001. For guidelines on filing and participation, please see OAR 860-001-0140 through 860-001-0160 and 860-001-0200 through 860-001-0250 found online at http://arcweb.sos.state.or.us/pages/rules/oars_800/oar_860/860_tofc.html

Rules Coordinator: Diane Davis

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

Telephone: (503) 378-4372


Real Estate Agency, Chapter 863

Rule Caption: Amendments to pre-license and continuing education rules to comply with statutory changes.

Date: Time: Location:

12-17-12  10 a.m. Real Estate Agency  1177 Center St. NE  Salem, OR 97301

Hearing Officer: Laurie Skillman

Stat. Auth.: ORS 696.385

Stats. Implemented: ORS 696.174, 696.182, 696.184, 696.022 & 696.020

Proposed Adoptions: 863-022-0022

Proposed Amendments: 863-020-0000, 863-020-0005, 863-020-0007, 863-020-0010, 863-020-0015, 863-020-0020, 863-020-0025, 863-020-0030, 863-020-0035, 863-020-0040, 863-020-0045, 863-020-0050, 863-020-0055, 863-020-0060, 863-020-0065, 863-022-0000, 863-022-0005, 863-022-0010, 863-022-0015, 863-022-0020, 863-022-0025, 863-022-0030, 863-022-0035, 863-022-0045, 863-022-0050, 863-022-0055, 863-022-0060

Proposed Repeals: 863-020-0008, 863-022-0040

Last Date for Comment: 12-17-12, Close of Business

Summary: These amendments to Division 20, the continuing education rules, and Division 22, the license applicant course requirements and course approval rules, are needed to update the rules based on the extensive job analysis for all licensees and the subsequent updates to the examinations for license applicants. In addition, a new property manager advanced practices course will be required of all property manager who are renewing their license for the first time. The rule adoption and amendments to these rules were filed as temporary rules on August 15, 2012.

Rules Coordinator: Laurie Skillman

Address: Real Estate Agency, 1177 Center St. NE, Salem, OR 97301-2505

Telephone: (503) 378-4630

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

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

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
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