Loading
 

 

Oregon Bulletin

December 1, 2013

 

NOTICES OF PROPOSED RULEMAKING AND
PROPOSED RULEMAKING HEARINGS

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

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

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

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

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


Board of Accountancy, Chapter 801

Rule Caption: Amended to update the effective date of professional standards adopted by the Board.

Stat. Auth.: ORS 673.410, 673.170, 673.015 & 673.445

Stats. Implemented: ORS 673.410, 673.170, 673.015 & 673.445

Proposed Amendments: 801-001-0035

Last Date for Comment: 12-23-13, 5 p.m.

Summary: The amendment ensures the Board is referencing the most current edition of the professional standards.

Rules Coordinator: Kimberly Sisk

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

Telephone: (503) 378-2268


Rule Caption: Recognize the National Association of State Boards of Accountancy as foreign credentialing agency.

Stat. Auth.: ORS 673.040, 673.050, 673.015 & 673.060

Stats. Implemented: ORS 673.040, 673.050, 673.015 & 673.060

Proposed Amendments: 801-010-0050, 801-010-0085

Last Date for Comment: 12-23-13, 5 p.m.

Summary: The amendment recognizes the National Association of State Boards of Accountancy (NASBA) as the foreign credentialing agency for individuals who obtained their education in a foreign country and wish to apply for either the CPA examination or a CPA license in the State of Oregon.

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: Reciprocal Registration of NCARB Certified Licensees of Other Jurisdictions

Date:   Time:   Location:

12-19-13    9:30 a.m.   205 Liberty St. NE, Suite A      Salem, Or. 97301

Hearing Officer: James Denno

Stat. Auth.: ORS 671.020 & 671.125

Stats. Implemented: ORS 671.020 & 671.125

Proposed Amendments: 806-010-0035

Last Date for Comment: 12-19-13, 4:30 p.m.

Summary: Allows individuals licensed in other jurisdictions that have the NCARB Certificate to register by reciprocity without additional requirements.

Rules Coordinator: Jim Denno

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

Telephone: (503) 763-0662


Rule Caption: Use of Electronic Seals and Signatures

Date:   Time:   Location:

12-19-13    9:30 a.m.   205 Liberty St. NE, Suite A      Salem, Or. 97301

Hearing Officer: James Denno

Stat. Auth.: ORS 671.025 & 671.125

Stats. Implemented: ORS 671.025 & 671.125

Proposed Amendments: 806-010-0045

Last Date for Comment: 12-19-13, 4:30 p.m.

Summary: Clarifies rules relating to requirements for the use of electronic seals and signatures.

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 Examiners for Engineering and Land Surveying, Chapter 820

Rule Caption: Amend rules related to application, PDHs, digital signatures, and to adopt the Board’s budget.

Stat. Auth.: ORS 672.255

Other Auth.: ORS 182.462, 670.010, 670.020, & 670.310

Stats. Implemented: ORS 672.002–672.325

Proposed Adoptions: 820-050-0001

Proposed Amendments: 820-001-0020, 820-010-0010, 820-010-0225, 820-010-0226, 820-010-0227, 820-010-0228, 820-010-0305, 820-010-0325, 820-010-0442, 820-010-0620, 820-010-0621

Proposed Repeals: 820-010-0260

Last Date for Comment: 1-14-14, Close of Business

Summary: OAR 820-050-0001 — Adopts language to clarify the professional development requirements for Certified Water Right Examiners.

   OAR 820-001-0020 — Updates the methods and process in which the public may request records. Language is more consistent with the Oregon Public Records Law (SB 554, 2007 Legislation).

   OAR 820-010-0010 — Adds language to define ‘Certificate Authority’ and ‘Digital Certificate’ used in OAR 820-010-0620.

   OAR 820-010-0225 — Revises the timeframe to be consistent with the enabling statute.

   OAR 820-010-0226 — Revises the timeframe to be consistent with the enabling statute.

   OAR 820-010-0227 — Decreases the fee for an initial FE examination application to $0.00.

   OAR 820-010-0228 — Decreases the fee for an initial FLS examination application to $0.00.

   OAR 820-010-0305 — Decreases the fees for an initial application and an application for reexamination for the FE and FLS examinations to $0.00.

   OAR 820-010-0325 — Adopts the budget of the Board for the 2013–2015 biennium.

   OAR 820-010-0442 — Housekeeping. Removes language regarding a process that is not statutorily required. However, the process does currently allow applicants one additional opportunity to submit any lacking documentation by a secondary deadline. If documents are not received, the application package will be incomplete and the application will be considered withdrawn.

   OAR 820-010-0620 — Clarifies the requirements of a digital signature.

   OAR 820-010-0621 — Changes the ‘will’ to a ‘must’; the original intent of the Board.

   OAR 820-010-0260 — Repeal. The Board follows the requirements contained in ORS Chapter 183 and the Administrative Procedures Act (APA) with regard to providing notice and hearing rights.

Rules Coordinator: Mari Lopez

Address: Board of Examiners for Engineering and Land Surveying, 670 Hawthorne Ave. SE, Suite 220, Salem, OR 97301

Telephone: (503) 362-2666


Board of Examiners for Speech-Language Pathology and Audiology, Chapter 335

Rule Caption: Revises rule regarding qualifications of audiologists supervising required clinical experience of doctoral students in audiology.

Date:   Time:   Location:

12-17-13    4 p.m.   800 NE Oregon St., Rm. 445      Portland OR

Hearing Officer: Sandy Leybold

Stat. Auth.: ORS 681

Stats. Implemented: ORS 681.264

Proposed Amendments: 335-060-0007

Last Date for Comment: 12-18-13, 5:30 p.m.

Summary: Revises the qualifications for supervisors of audiology trainees completing their supervised clinical experience after August 1, 2007 as part of a clinical doctoral program in audiology.

Rules Coordinator: Sandy Leybold

Address: Board of Examiners for Speech-Language Pathology and Audiology, 800 NE Oregon St., Suite 407, Portland, OR 97232

Telephone: (971) 673-0220


Board of Licensed Professional Counselors and Therapists, Chapter 833

Rule Caption: LMFT minimum experience requirements and graduate degree standards

Stat. Auth.: ORS 675.705–675.835

Stats. Implemented: ORS 675.705–675.835

Proposed Amendments: 833-020-0051, 833-040-0021, 833-060-0012

Last Date for Comment: 12-31-13, Close of Business

Summary: Reduces minimum length of supervised work experience for LMFT interns from 3 to 2 years.

   Clarifies graduate degree standards, making it clear that in order for graduate degrees to meet education requirements for license, the degree must be from a regionally accredited university or a nationally accredited program.

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: Revises rules governing additional and multiple practice location licenses for optometrists.

Stat. Auth.: ORS 683

Other Auth.: ORS 181. 182. 431

Stats. Implemented: ORS 182.466, 491.972, 683.070, 683.100, 683.120, 683.120 & 683.270

Proposed Amendments: Rules in 852-010, 852-010-0080, Rules in 852-050, 852-050-0005, 852-050-0016

Last Date for Comment: 11-14-13, 4 p.m.

Summary: Overall: This rule change simplifies licensing requirements and eliminates fees for optometric physicians practicing at more than one location. Additional practice location licenses will no longer be required, and all actively licensed optometric physicians will receive a portable multiple practice location license at no charge.

   Division 10: 852-010-0080 — Eliminates fees for additional practice location license and portable multiple practice location license.

   Division 50: 852-050-0005 — Removes requirement to purchase additional practice location license or portable multiple practice location license for those optometric physicians practicing elsewhere than primary practice location. Provides free portable multiple practice location license to all active licensees.

   852-050-0016 — Removes requirement that active licensees hold additional practice location license for work elsewhere than primary practice location.

Rules Coordinator: Nancy DeSouza

Address: Board of Optometry, 1500 Liberty St. SE., Suite 201, Salem, OR 97302

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


Board of Tax Practitioners, Chapter 800

Rule Caption: 2013 Overhaul of OARs.

Date:   Time:   Location:

12-16-13    10 a.m.   3218 SE Pringle Rd., #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 Adoptions: 800-025-0080

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

Last Date for Comment: 12-16-13, 5 p.m.

Summary: Proposed amendments for a $10 decrease in consultant, preparer and business registration fees is due to an unexpected revenue surplus.

   Additional amendments/adoptions to the OARs, under which the Board operates, result from the Rules Advisory Committee, Assistant Attorney General and Board staff recommendations and are for general “housekeeping” and “maintenance” as well as to change language to better reflect the “norm” in industry standards and the practices of other state agencies. In addition, the proposed amendments/adoptions will provide better clarification to constituents as well as continue to conform to the current standards.

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 Administrative Services, Chapter 125

Rule Caption: Amends rule to implement 2009 legislation removing deposit requirement to purchase state real property.

Date:   Time:   Location:

12-16-13    10 a.m.   Dept. of Administrative Services       Mt. Jefferson Conference Rm.      1225 Ferry St. SE, U100      Salem, OR 97301

Hearing Officer: Elaine Schacher

Stat. Auth.: ORS 270.015(2) & 270.100(1)(d)

Other Auth.: 2009 OL Ch. 481, Sec. 1 (SB 970)

Stats. Implemented: ORS 270.010, 270.110, 270.130, 270.135 & 270.140

Proposed Amendments: 125-045-0235

Last Date for Comment: 12-19-13, 5 p.m.

Summary: The proposed amendments update the rule to respond to changes in ORS 270.135 made by the 2009 Legislative Assembly, which removes the requirement that proposals for purchase of real property from the state be accompanied by certified check or bond furnished by a surety company in the amount not less than 10 percent of total value of proposal.

Rules Coordinator: Janet Chambers

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

Telephone: (503) 378-5522


Department of Agriculture, Chapter 603

Rule Caption: Housekeeping updates to six invertebrate quarantines.

Stat. Auth.: ORS 561.510 & 570.305

Other Auth.: ORS 561.190

Stats. Implemented: ORS 561.510

Proposed Amendments: 603-052-0126, 603-052-0127, 603-052-0129, 603-052-0150, 603-052-1221, 603-052-1300

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

Summary: The Department of Agriculture is proposing housekeeping changes to six rules related to insects and other invertebrates. The changes would:

   (1) Remove mention of Pierce’s disease from the glassy-wing sharpshooter quarantine (ODA proposes to move Pierce’s disease requirements to the grape quarantine,

   (2) Rewrite the European corn borer quarantine in plain language,

   (3) Clarify that the prohibition on raising and selling exotic snails applies to snails raised for any purpose,

   (4) Eliminate specific treatment options in the Japanese beetle quarantine in favor of general ones,

   (5) Correct an omission in the Cherry Fruit Fly Control Area Order, and

   (6) Adds 13 insects/mites and one snail to the approved invertebrate list, removes Atheta coriaria, a non-native rove beetle, corrects a spelling error, and renumbers the list for clarity.

   The Department also considered a request to reinstate monarch butterflies to the approved list. After considering information supplied by both proponents and opponents, the Department proposes to leave the current status of monarch butterflies unchanged (not approved for importation or release).

Rules Coordinator: Sue Gooch

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

Telephone: (503) 986-4583


Rule Caption: Housekeeping updates to plant disease quarantines.

Stat. Auth.: ORS 561.510 & 570-305

Other Auth.: ORS 561.190

Stats. Implemented: ORS 561.510

Proposed Amendments: 603-052-0075, 603-052-0120, 603-052-0825, 603-052-1230, 603-052-1236, 603-052-1245, 603-052-1250

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

Summary: These proposed housekeeping amendments would:

   (1) Change “special quarantine exemption” to “special permit” in the chestnut blight quarantine;

   (2) Add a special permits section to oak wilt quarantine to harmonize with other plant quarantines;

   (3) Delete an orphan heading in the hazelnut quarantine;

   (4) Update references to federal protocols and fix a typo in the sudden oak death quarantine;

   (5) Add three additional hosts to the blueberry nursery stock control area (Vaccinium macrocarpon, V. membranaceum, and Sambucus nigra); and

   (6) Update references to federal protocols in the Phytophthora ramorum regulated area for nursery stock.

Rules Coordinator: Sue Gooch

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

Telephone: (503) 986-4583


Rule Caption: Housekeeping:add two plants to weed quarantine and renumber list, allow container production of Arundo.

Stat. Auth.: ORS 561.510 & 570.305

Other Auth.: ORS 561.190

Stats. Implemented: ORS 561.510

Proposed Amendments: 603-052-1025, 603-052-1200, 603-052-1211

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

Summary: These proposed housekeeping amendments would: add false indigo bush and tree of heaven to the state noxious weed quarantine; update the ratings of weeds listed in the quarantine that were reclassified in 2013; re-number the list of weeds in the quarantine to improve clarity; update the name of the Commodity Inspection Division to Market Access and Certification in the small broomrape quarantine, and amend the Arundo quarantine to allow container production of rootstock.

Rules Coordinator: Sue Gooch

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

Telephone: (503) 986-4583


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

Rule Caption: Health Insurer Segregation of Premium Accounting Methodology

Date:   Time:   Location:

1-23-14    9:30 a.m.   350 Winter St. NE, Rm. E      Salem, OR 97301

Hearing Officer: Jeannette Holman

Stat. Auth.: ORS 731.244 & 743.758

Other Auth.: Section 1303 (b)(E)(i) of the federal Affordable Care Act (Pub. L. 111-148,2010, as amended)

Stats. Implemented: ORS 743.758

Proposed Adoptions: 836-011-0050

Proposed Repeals: 836-011-0050(T)

Last Date for Comment: 1-31-14, Close of Business

Summary: This permanent rule will replace temporary rule OAR 836-011-0050(T).

   This proposed rule brings the Insurance Division into compliance with Section 1303 of the Affordable Care Act (Pub. L. 111-148, 2010) requirements. That federal law requires health insurers to establish separate accounts that segregate federal subsidy funding for essential health benefits of a health benefit plan from other premium funds received from persons who enroll through the Oregon Health Insurance Exchange for coverage that may exceed the essential health benefits. The section also requires inclusion of notice of the fund segregation in the summary of benefits and coverage explanation. Section 1303 (b)(E)(i) places the obligation to ensure compliance with the segregation requirements on state insurance commissioners. This proposed rule is necessary for the Insurance Division to comply with the Affordable Care Act’s requirements in this regard. The rule requires a health insurer to obtain the approval of the Oregon Insurance Commissioner of the accounting methodology the insurer will use to segregate the accounting. The proposed rules also requires health insurer to file certain information and imposes additional reporting requirements related to the segregated accounts with the insurer’s annual financial statement.

Rules Coordinator: Victor Garcia

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

Telephone: (503) 947-7260


Department of Corrections, Chapter 291

Rule Caption: Assignment of Maximum Custody Inmates to Special Security Housing

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

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

Proposed Amendments: 291-055-0019, 291-104-0111

Last Date for Comment: 1-15-14, 5 p.m.

Summary: These rule amendments are necessary in order for the department to clarify and conform its administrative rules to reflect the department’s historical policy and practice of classifying inmates that are pending retrial in a case in which a death sentence may be re-imposed as maximum custody, and assigning these inmates to special security housing separate from the general inmate population, to provide the maximum level of inmate security, control, and supervision. The department intends that these temporary rule amendments apply retroactively to persons sentenced to the legal and physical custody of the department before, on or after the effective date of these rule amendments.

Rules Coordinator: Janet R. Worley

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

Telephone: (503) 945-0933


Department of Environmental Quality, Chapter 340

Rule Caption: Updating Oregon’s air quality rules to address federal regulations

Date:   Time:   Location:

12-18-13, 5 p.m. DEQ, 811 SW 6th Ave. Portland, OR 97201-1390

12-18-13, 5 p.m. DEQ, 475 NE Bellevue Dr., Suite 110, Bend, OR 97701

12-18-13, 5 p.m. DEQ, 221 Stewart Ave., Suite 201, Medford, OR 97501

Hearing Officer: Gregg Dahmen, Gregg Dahmen via teleconference

Stat. Auth.: ORS 468.020, 468A.025, 468A.035, 468A.040, 468A.050 & 468A.310

Stats. Implemented: ORS 468.020, 468A.025, 468A.035, 468A.040, 468A.050 & 468A.310

Proposed Adoptions: 340-230-0415, 340-230-0500

Proposed Amendments: 340-230-0010, 340-230-0020, 340-230-0030, 340-238-0040, 340-238-0060, 340-238-0090, 340-244-0020, 340-244-0030, 340-244-0220

Last Date for Comment: 12-23-13, 5 p.m.

Summary: DEQ proposes rules to adopt new and amended federal air quality regulations. This includes adopting:

   New federal standards for boilers and process heaters, stationary internal combustion engines, nitric acid plants, and crude oil and natural gas production, transmission and distribution

   Newly amended federal standards

   Rules to implement new federal emission guidelines for commercial and industrial solid waste incineration units; and adopting the federal plan for hospital, medical, and infectious waste incinerators

   BACKGROUND: The federal Clean Air Act requires the U.S. Environmental Protection Agency to establish National Emission Standards for Hazardous Air Pollutants, known as NESHAPs, for both major and area sources of hazardous air pollutants. EPA finished establishing major source standards in 2004. EPA began establishing area source standards in 2006 and concluded in 2011. EPA may adopt additional NESHAPs in the future for new source categories or source categories it may have missed.

   This proposed rulemaking is the final phase for Oregon’s adoption of area source standards. The first four phases concluded in December 2008, December 2009, February 2011 and March 2013.

   The Clean Air Act also requires EPA to develop New Source Performance Standards for categories of sources that cause or significantly contribute to air pollution that may endanger public health or welfare. Such regulations apply to each new source within a category without regard to source location or existing air quality. When EPA establishes New Source Performance Standards for a category of sources, it may also establish emission guidelines for existing sources in the same category. States must develop rules and a state plan to implement Emission Guidelines or request delegation of the federal plan. State plans, called Section 111(d) plans, are subject to EPA review and approval.

   EPA performs a residual risk analysis for major source NESHAPs and periodic technology reviews for New Source Performance Standards and NESHAPs. These reviews are ongoing and in some cases result in EPA updating the standards. EPA also revises NESHAPs to address errors, implementation issues and lawsuits.

Rules Coordinator: Maggie Vandehey

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

Telephone: (503) 229-6878


Department of Fish and Wildlife, Chapter 635

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

Date:   Time:   Location:

1-10-14    8 a.m.   Oregon Dept. of Fish & Wildlife      4034 Fairview Industrial Dr. SE      Salem, OR 97302

Hearing Officer: Oregon Fish & Wildlife Commission

Stat. Auth.: ORS 506.119

Stats. Implemented: ORS 506.109 & 506.720

Proposed Amendments: 635-006-0232

Last Date for Comment: 1-10-14, 8 a.m.

Summary: Amend rule to establish the average market value of food fish species used to determine damages for commercial fishing violations.

Rules Coordinator: Therese Kucera

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

Telephone: (503) 947-6033


Rule Caption: Allow permitless take of wolves caught in the act of depredating livestock or working dogs

Date:   Time:   Location:

1-10-14    8 a.m.   Oregon Dept. of Fish & Wildlife      4034 Fairview Industrial Dr. SE      Salem, OR 97302

Hearing Officer: Oregon Fish & Wildlife Commission

Stat. Auth.: ORS 496.012, 496.138, 496.146, 496.162 & 498.012

Stats. Implemented: ORS 496.171–496.192, 498.002, 498.006 & 498.012

Proposed Amendments: 635-110-0000, 635-110-0010, 635-110-0020, 635-110-0030

Last Date for Comment: 1-10-14, 8 a.m.

Summary: These rules implement 2013 Oregon Laws Ch. 626 (HB 3452), which amended ORS 498.012 and authorized in certain circumstances take of a wolf or wolves caught in the act of biting, wounding, killing or chasing livestock or working dogs without a permit.

Rules Coordinator: Therese Kucera

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

Telephone: (503) 947-6033


Department of Human Services, Aging and People with Disabilities and Developmental Disabilities, Chapter 411

Rule Caption: Pediatric Nursing Facilities — Annual Rebasing

Date:   Time:   Location:

12-20-13    11:30 a.m.   Human Services Bldg.      500 Summer St. NE, Rm. 160      Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 410.070

Other Auth.: HB 2216 (2013) & OL 2013 Ch. 608

Stats. Implemented: ORS 410.070 & OL 2011 Ch. 630

Proposed Amendments: 411-070-0452

Proposed Repeals: 411-070-0452(T)

Last Date for Comment: 12-23-13, 5 p.m.

Summary: The Department of Human Services (Department) is proposing to amend OAR 411-070-0452 for pediatric nursing facilities to make permanent the temporary rule that became effective on October 7, 2013. The proposed rule changes to OAR 411-070-0452 implement annual rebasing of the pediatric nursing facility rate in accordance with HB 2216 (2013).

Rules Coordinator: Christina Hartman

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

Telephone: (503) 945-6398


Rule Caption: Children’s Intensive In-Home Services — Behavior Program

Date:   Time:   Location:

12-17-13    3:30 p.m.   Human Services Bldg.      500 Summer St. NE, Rm. 160      Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 409.050

Other Auth.: 42 CFR 441

Stats. Implemented: ORS 427.005, 427.007, & 430.215

Proposed Amendments: Rules in 411-300

Proposed Repeals: 411-300-0110(T), 411-300-0120(T), 411-300-0130(T), 411-300-0140(T), 411-300-0150(T)

Last Date for Comment: 12-23-13, 5 p.m.

Summary: The Department of Human Services (Department) is proposing to amend the rules in OAR chapter 411, division 300 for the Children’s Intensive In-home Services Behavior Program. The proposed rules:

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

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

   - Clarify the eligibility requirements for waivered services and Community First Choice state plan services;

   - Describe requirements for completing initial and annual level of care and functional needs assessment for children receiving services;

   - Align service descriptions with waivered services and services allowable under the Community First Choice state plan;

   - Reflect new Department terminology and current practice; and

   - Correct formatting and punctuation.

Rules Coordinator: Christina Hartman

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

Telephone: (503) 945-6398


Rule Caption: Employment and Alternatives to Employment Services for Adults with Intellectual or Developmental Disabilities

Date:   Time:   Location:

12-18-13    3 p.m.   Human Services Bldg.      500 Summer St. NE, Rm. 160      Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 409.050 & 430.662

Other Auth.: 42 CFR 441 & Governor’s Executive Order 13-04

Stats. Implemented: ORS 430.610, 430.662, & 430.670

Proposed Amendments: Rules in 411-345

Proposed Repeals: 411-345-0020(T), 411-345-0140(T)

Last Date for Comment: 12-23-13, 5 p.m.

Summary: The Department of Human Services (Department) is proposing to amend the rules in OAR chapter 411, division 345 for employment and alternatives to employment services for adults with intellectual or developmental disabilities. The proposed rules:

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

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

   - Clarify the eligibility requirements for home and community-based waivered services, Community First Choice state plan services, and employment and alternatives to employment services;

   - Provide access to employment services for individuals 18 years of age and over who are not accessing public education supports to comply with the Governor’s Executive Order 13-04;

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

   - Specify under what conditions a service provider may transfer or exit an adult involuntarily;

   - Address the roles and responsibilities of a designated representative;

   - Reflect new Department terminology and current practice; and

   - Correct formatting and punctuation.

Rules Coordinator: Christina Hartman

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

Telephone: (503) 945-6398


Rule Caption: Medically Fragile Children’s Services

Date:   Time:   Location:

12-17-13    3:30 p.m.   Human Services Bldg.      500 Summer St. NE, Rm. 160      Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 409.050

Other Auth.: 42 CFR 441

Stats. Implemented: ORS 427.005, 427.007, & 430.215

Proposed Amendments: Rules in 411-350

Proposed Repeals: 411-350-0020(T), 411-350-0030(T), 411-350-0040(T), 411-350-0050(T)

Last Date for Comment: 12-23-13, 5 p.m.

Summary: The Department of Human Services (Department) is proposing to amend the rules in OAR chapter 411, division 350 for medically fragile children’s services. The proposed rules:

   - Make permanent the temporary rules that became effective on July 1, 2013 to implement the 1915(k) Community First Choice state plan option and Centers for Medicare and Medicaid Service (CMS) requirements;

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

   - Describe requirements for completing initial and annual level of care and functional needs assessment for children receiving services;

   - Align service descriptions with waivered services and services allowable under the Community First Choice state plan;

   - Reflect new Department terminology and current practice; and

   - Correct formatting and punctuation.

Rules Coordinator: Christina Hartman

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

Telephone: (503) 945-6398


Rule Caption: Medically Involved Children’s Program

Date:   Time:   Location:

12-17-13    3:30 p.m.   Human Services Bldg.      500 Summer St. NE, Rm. 160      Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 409.050 & 417.345

Other Auth.: 42 CFR 441

Stats. Implemented: ORS 417.345, 427.007, & 430.215

Proposed Amendments: Rules in 411-355

Proposed Repeals: 411-355-0010(T), 411-355-0020(T), 411-355-0030(T), 411-355-0040(T)

Last Date for Comment: 12-23-13, 5 p.m.

Summary: The Department of Human Services (Department) is proposing to amend the rules in OAR chapter 411, division 355 for the Medically Involved Children’s Program. The proposed rules:

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

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

   - Clarify the eligibility requirements for waivered services and Community First Choice state plan services;

   - Describe requirements for completing initial and annual level of care and functional needs assessment for children receiving services;

   - Align service descriptions with waivered services and services allowable under the Community First Choice state plan;

   - Reflect new Department terminology and current practice; and

   - Correct formatting and punctuation.

Rules Coordinator: Christina Hartman

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

Telephone: (503) 945-6398


Rule Caption: In-Home Support for Children with Intellectual or Developmental Disabilities

Date:   Time:   Location:

12-17-13    3:30 p.m.   Human Services Bldg.      500 Summer Street NE, Rm. 160      Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 409.050 & 430.662

Other Auth.: 42 CFR 441

Stats. Implemented: ORS 427.005, 427.007, 430.610, 430.620 & 430.662–430.670

Proposed Amendments: Rules in 411-308

Proposed Repeals: 411-308-0010(T), 411-308-0020(T), 411-308-0030(T), 411-308-0050(T), 411-308-0060(T), 411-308-0070(T), 411-308-0080(T), 411-308-0100(T), 411-308-0120(T)

Last Date for Comment: 12-23-13, 5 p.m.

Summary: The Department of Human Services (Department) is proposing to amend the rules in OAR chapter 411, division 308 for in-home support for children with intellectual or developmental disabilities. The proposed rules:

   - Make permanent the temporary rule language that became effective on July 1, 2013 to implement the 1915(k) Community First Choice state plan option, comply with the Code of Federal Regulations, and implement Centers for Medicare and Medicaid Service (CMS) requirements;

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

   - Specify eligibility requirements for in-home support to include OSIP-M (Oregon Supplemental Income Program-Medical) eligibility and level of care determination;

   - No longer require a regional process when there is a change or increase in a child’s support needs;

   - Clarify that a family home may include a child welfare certified foster home;

   - Specify that in-home support services must end on a child’s 18th birthday;

   - Clarify that individual support needs are identified through a functional needs assessment, that the manner and frequency in which services are delivered are reflected in a child’s Individual Support Plan (ISP), and that the ISP reflects whether services are purchased through a waiver, state plan, or provided through a child’s natural supports;

   - Specify that natural supports are voluntary by nature, may not be assumed, and are resources that are not paid for by the Department;

   - Clarify that services may be provided through a qualified independent provider or provider organization and that attendant care and relief care may be provided in the family home and community;

   - Update the scope of community nursing services;

   - Specify what environmental accessibility adaptations and specialized equipment and supplies include, funding limitations, and approval requirements;

   - Add chore services and community transportation as new services through the state plan;

   - Align service descriptions with waivered services and services allowable under the Community First Choice state plan;

   - Specify the notice requirements and hearing rights process for denial, termination, suspension, or reduction of Medicaid services;

   - Change all references to long-term support to in-home support;

   - Reflect new Department terminology and current practice; and

   - Correct formatting and punctuation.

Rules Coordinator: Christina Hartman

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

Telephone: (503) 945-6398


Rule Caption: Supported Living Services for Adults with Intellectual or Developmental Disabilities

Date:   Time:   Location:

12-18-13    3 p.m.   Human Services Bldg.      500 Summer St. NE, Rm. 160      Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 409.050 & 430.662

Other Auth.: 42 CFR 441

Stats. Implemented: ORS 430.610, 430.662 & 430.670

Proposed Amendments: Rules in 411-328

Proposed Repeals: 411-328-0560(T), 411-328-0790(T), 411-328-0800(T)

Last Date for Comment: 12-23-13, 5 p.m.

Summary: The Department of Human Services (Department) is proposing to amend the rules for supported living services for adults with intellectual or developmental disabilities in OAR chapter 411, division 328. The proposed rules:

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

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

   - Clarify the eligibility requirements for home and community-based waiver services, Community First Choice state plan services, and supported living services;

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

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

   - Specify under what conditions a supported living services provider may transfer or exit an individual involuntarily;

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

   - Address the roles and responsibilities of a designated representative;

   - Require that individuals accessing supported living services have the financial resources to pay for their food, utilities, and housing;

   - Reflect new Department terminology and current practice; and

   - Correct formatting and punctuation.

Rules Coordinator: Christina Hartman

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

Telephone: (503) 945-6398


Rule Caption: Community Developmental Disability Programs

Date:   Time:   Location:

12-18-13    1:30 p.m.   Human Services Bldg.      500 Summer St. NE, Rm. 160      Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 409.050 & 430.662

Other Auth.: 42 CFR 441

Stats. Implemented: ORS 427.005, 427.007, 430.610, 430.620 & 430.662–430.695

Proposed Amendments: Rules in 411-320

Proposed Repeals: 411-320-0020(T), 411-320-0030(T), 411-320-0040(T), 411-320-0060(T), 411-320-0070(T), 411-320-0090(T), 411-320-0100(T), 411-320-0110(T), 411-320-0120(T), 411-320-0130(T)

Last Date for Comment: 12-23-13, 5 p.m.

Summary: The Department of Human Services (Department) is proposing to amend the rules in OAR chapter 411, division 320 for community developmental disability programs (CDDP) to make permanent temporary rule language that became effective on July 1, 2013 and to adapt the CDDP rules to:

   - Implement the 1915(k) Community First Choice state plan option approved by the Centers for Medicare and Medicaid Services (CMS) in July of 2013;

   - Include modifications to Oregon’s Home and Community-Based 1915(c) waivers approved by CMS; and

   - Implement corrective actions to address elements that were found to be insufficient to meet federal standards.

   The adaptations include:

   - Removing the requirement to maintain a waitlist for developmental disability services;

   - Assuring the maximum number of individuals are enrolled in OSIP-M (Oregon Supplemental Income Program-Medical);

   - Choice advising to provide individuals with intellectual or developmental disabilities information about case management and other available service delivery options;

   - Accommodating individuals who choose to live in their own home or family home by providing for the delivery of case management services by a CDDP or a support services brokerage;

   - Changing the eligibility for brokerage services by eliminating the requirement for enrollment to the 1915(c) support services waiver;

   - Refining the Individual Support Plan (ISP) process and the composition of an ISP team;

   - Describing requirements for completing an initial and annual level of care determination;

   - Requiring a functional needs assessment to determine and define the supports necessary for an individual to live in the setting of their choice;

   - Aligning service descriptions with waiver services and services allowable under the Community First Choice state plan;

   - Updating the qualifications of a services coordinator;

   - Bringing definitions in alignment with the proposed rule changes;

   - Addressing the roles and responsibilities of a designated representative;

   - Reflecting new Department terminology and current practice; and

   - Correcting formatting and punctuation.

Rules Coordinator: Christina Hartman

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

Telephone: (503) 945-6398


Rule Caption: Comprehensive In-Home Support for Adults with Intellectual or Developmental Disabilities

Date:   Time:   Location:

12-20-13    1:30 p.m.   Human Services Bldg.      500 Summer St. NE, Rm. 160      Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 409.050 & 430.662

Other Auth.: 42 CFR 441

Stats. Implemented: ORS 427.005, 427.007, 430.610, 430.620 & 430.662–430.670

Proposed Amendments: Rules in 411-330

Proposed Repeals: 411-330-0020(T), 411-330-0030(T), 411-330-0040(T), 411-330-0050(T), 411-330-0060(T), 411-330-0070(T), 411-330-0080(T), 411-330-0090(T), 411-330-0110(T)

Last Date for Comment: 12-23-13, 5 p.m.

Summary: The Department of Human Services (Department) is proposing to amend the rules for comprehensive in-home support for adults with intellectual or developmental disabilities in OAR chapter 411, division 330 to make permanent temporary rule language that became effective on July 1, 2013 and to adapt the rules to:

   - Implement the 1915(k) Community First Choice state plan option approved by the Centers for Medicare and Medicaid Services (CMS) in July of 2013;

   - Include modifications to Oregon’s Home and Community-Based 1915(c) waivers approved by CMS; and

   - Implement corrective actions to address elements that were found to be insufficient to meet federal standards.

   The adaptations include:

   - Changing service eligibility by adding requirements for Oregon Supplemental Income Program-Medical (OSIP-M) eligibility and the need to meet level of care and eliminating the requirement for an individual’s need for a minimum annual budgeted amount;

   - Allowing an individual to designate a representative to be involved in service planning;

   - Requiring a functional needs assessment to determine and define the supports necessary for an individual to live in the setting of their choice;

   - Aligning service descriptions with waiver services and services allowable under the Community First Choice state plan;

   - Bringing definitions in alignment with the proposed rule changes;

   - Reflecting new Department terminology and current practice; and

   - Correcting formatting and punctuation.

Rules Coordinator: Christina Hartman

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

Telephone: (503) 945-6398


Rule Caption: Support Services for Adults with Intellectual or Developmental Disabilities

Date:   Time:   Location:

12-20-13    3 p.m.   Human Services Bldg.      500 Summer St. NE, Rm. 160      Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 409.050, 427.402 & 430.662

Other Auth.: 42 CFR 441

Stats. Implemented: ORS 427.005, 427.007, 427.400 to 427.410, 430.610, 430.620 & 430.662–430.695

Proposed Amendments: Rules in 411-340

Proposed Repeals: 411-340-0020(T), 411-340-0100(T), 411-340-0110(T), 411-340-0120(T), 411-340-0125(T), 411-340-0130(T), 411-340-0150(T)

Last Date for Comment: 12-23-13, 5 p.m.

Summary: The Department of Human Services (Department) is proposing to amend the rules for support services for adults with intellectual or developmental disabilities in OAR chapter 411, division 340 to make permanent temporary rule language that became effective on July 1, 2013 and to adapt the rules to:

   - Implement the 1915(k) Community First Choice state plan option approved by the Centers for Medicare and Medicaid Services (CMS) in July of 2013;

   - Include modifications to Oregon’s Home and Community-Based 1915(c) support services waiver approved by CMS; and

   - Implement corrective actions to address elements that were found to be insufficient to meet federal standards.

   The adaptations include:

   - Changing service eligibility by eliminating the requirement for enrollment to the 1915(c) support services waiver and not requiring individuals to exit support services upon the loss of Oregon Supplemental Income Program-Medical (OSIP-M) eligibility;

   - Allowing an individual to designate a representative to be involved in service planning;

   - Removing references to benefit caps and budget authority formerly included in the 1915(c) support services waiver;

   - Describing requirements for completing an initial and annual determination of level of care;

   - Requiring a functional needs assessment to determine and define the service level necessary for an individual to live in his or her own home or family home;

   - Aligning service descriptions with waiver services and services allowable under the Community First Choice state plan;

   - Updating the qualifications of a personal agent;

   - Bringing definitions in alignment with the proposed rule changes;

   - Reflecting new Department terminology and current practice; and

   - Correcting formatting and punctuation.

Rules Coordinator: Christina Hartman

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

Telephone: (503) 945-6398


Department of Human Services, Child Welfare Programs, Chapter 413

Rule Caption: Changing OARs affecting Child Welfare programs

Date:   Time:   Location:

12-16-13    8:30 a.m.   500 Summer St. NE, Rm. 254      Salem, OR

Hearing Officer: Annette Tesch

Stat. Auth.: ORS 409.050, 418.005 & 419B.035

Stats. Implemented: ORS 409.010, 409.225, 419A.255, 419B.035, 2013 Ol Ch. 346 (SB 623) & 2013 OL Ch. 417 (SB 622)

Proposed Amendments: 413-010-0000, 413-010-0010, 413-010-0030, 413-010-0035, 413-010-0045, 413-010-0055, 413-010-0065, 413-010-0068, 413-010-0075

Last Date for Comment: 12-17-13, 5 p.m.

Summary: These rules about confidentiality of client information are being amended to implement changes made by Senate Bills (SB) 622 and 623 (2013), to update the rules, and keep them consistent with other Department wide rules that apply to child welfare programs. SB 622 relating to juvenile court proceedings clarifies the records that are contained in juvenile court files, the confidential nature of those records, and the rights of access to those records. SB 623 relating to adoption proceedings allows the Department to access, use, or disclose sealed adoption records in its possession without a court order for the purpose of providing adoption services or administering child welfare services.

   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 17, 2013 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, Child Welfare Programs, 500 Summer St. NE, E-48, Salem, OR 97301-1066

Telephone: (503) 945-6067


Rule Caption: Changing OARs affecting Child Welfare programs

Date:   Time:   Location:

12-16-13    8:30 a.m.   500 Summer St. NE, Rm. 254      Salem, OR

Hearing Officer: Annette Tesch

Stat. Auth.: ORS 409.050, 418.005, 2013 OL Ch. 515, Section 3 (SB 123)

Stats. Implemented: ORS 409.010, 418.005, 419B.343, 2013 OL Ch. 515 (SB 123)

Proposed Adoptions: 413-010-0185

Proposed Amendments: 413-010-0170, 413-010-0175, 413-010-0180

Last Date for Comment: 12-17-13, 5 p.m.

Summary: These rules about the rights of children and young adults are being changed to implement Senate Bill 123 (2013), which requires the Department to adopt rules establishing the Oregon Foster Children’s Bill of Rights. The rule changes clarify the existing rights of every child and young adult in the Department’s custody, and highlight the rights of children and young adults in substitute care. The rules also specify the Department’s responsibilities to implement SB 123.

   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 17, 2013 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, Child Welfare Programs, 500 Summer St. NE, E-48, Salem, OR 97301-1066

Telephone: (503) 945-6067


Rule Caption: Changing OARs affecting Child Welfare programs

Date:   Time:   Location:

12-16-13    8:30 a.m.   500 Summer St. NE, Rm. 254      Salem, OR

Hearing Officer: Annette Tesch

Stat. Auth.: ORS 109.119, 409.050, 418.005, 419B.116 & 419B.192

Stats. Implemented: ORS 109.119, 418.005, 419B.116, 419B.192, 419B.337, 419B.440, 419B.875 & 2013 OL Ch. 436 (HB 3249 (2013))

Proposed Amendments: 413-010-0300, 413-010-0310, 413-010-0320, 413-010-0330, 413-010-0340, 413-070-0800, 413-070-0810, 413-070-0830, 413-070-0840, 413-070-0855, 413-070-0860, 413-070-0870, 413-070-0880

Last Date for Comment: 12-17-13, 5 p.m.

Summary: These rules about rights of relatives, visits, and other types of child and family contact are being changed as part of the implementation of House Bill 3249 (2013) relating to grandparent rights which (1) requires the Department to make diligent efforts to identify and obtain contact information for legal grandparents of a child in the Department’s custody and give the grandparents notice of hearings concerning the child; (2) gives the grandparents the opportunity to be heard at hearing; and (3) provides that grandparents may ask for court-ordered visitation or other contact with the child. These rules are also being amended to clarify and update terminology and references.

   Written comments may be submitted until December 17, 2013 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, Child Welfare Programs, 500 Summer St. NE, E-48, Salem, OR 97301-1066

Telephone: (503) 945-6067


Rule Caption: Changing OARs affecting Child Welfare programs

Date:   Time:   Location:

12-16-13    8:30 a.m.   500 Summer St. NE, Rm. 254      Salem, OR

Hearing Officer: Annette Tesch

Stat. Auth.: ORS 109.309, 409.050, 418.005 & 418.240

Other Auth.: Inter-Country Adoption Act of 2000 (42 USC 14923), 22 CFR 96.48

Stats. Implemented: ORS 109.304, 109.309, 109.311, 109.312, 109.318, 109.328, 109.342, 109.346, 109.353, 109.385, 109.400, 109.425-109.507, 409.010. 418.005, 418.240 & 2013 OL Ch. 346

Proposed Adoptions: 413-140-0031, 413-140-0032, 413-140-0033, 413-140-0047

Proposed Amendments: 413-140-0000, 413-140-0010, 413-140-0026, 413-140-0030, 413-140-0035, 413-140-0040, 413-140-0065, 413-140-0110

Proposed Repeals: 413-140-0045, 413-140-0055, 413-140-0080, 413-140-0120

Last Date for Comment: 12-17-13, 5 p.m.

Summary: OAR 413-140-0000 to 413-140-0120 about non-departmental adoptions (formerly called independent adoptions) are being changed to reflect new legislation (SB 623, 2013) that goes into effect in January 2014. These rule changes also clarify the role and administrative procedures of the Department for non-departmental adoptions. Additionally, these rule changes also modify fees that may impact the public.

   OAR 413-140-0000 about the purpose of the independent adoption rules is being amended to better describe the purposes of the rules about non-departmental adoptions.

   OAR 413-140-0010 about definitions used in the non-departmental adoption rules is being amended to adjust the definitions certain common terms as used in the revised rules.

   OAR 413-140-0026 is being amended to set out the current requirements regarding service of an adoption petition upon the Department.

   OAR 413-140-0030 about required documentation is being amended to update which documents will be considered, consistent with SB 623, when determining whether the Department may issue a waiver of the 90-day waiting period, adoption home study, or placement report.

   OAR 413-140-0031 is being adopted to describe administrative procedures followed by the Department once an adoption petition has been served upon the Department.

   OAR 413-140-0032 is being adopted to summarize the types of waivers that may be granted by the Department as well as to describe eligibility for those waivers and required documentation to obtain each waiver. The policy on waivers had been set out in OAR 413-140-0035.

   OAR 413-140-0033 is being adopted to comply with ORS 109.309(7)(a) by setting forth administrative rules regarding minimum standards for Oregon adoptive homes.

   OAR 413-140-0035 is being amended to set out conditions that must be met in order for an adoption home study to be considered valid in a Non-Departmental adoption. This rule is also being amended to remove the Department policy on waivers, which will be set out in OAR 413-140-0032, and the policy on fees which will be covered in OAR 413-140-0047.

   OAR 413-140-0040 is being amended to revise the Department’s procedures for placement report assignments and completion, remove the policy about the placement report fee (which will be covered in OAR 413-140-0047), and remove the policy about waiver of the report (which will be covered in OAR 413-140-0032).

   OAR 413-140-0045 about waiver of fees is being repealed because this policy will be addressed in OAR 413-140-0047.

   OAR 413-140-0047 is being adopted to set out the fees for the placement report (previously in OAR 413-140-0040) and certificate of approval (previously in OAR 413-140-0035). Under this rule, the maximum allowable fee that can be charged is increasing. This rule changes the fee policy associated with Non-Departmental adoptions and revises steps the public must take to obtain a waiver of those fees. The policy on home study fees had previously been set out in OAR 413-140-0035.

   OAR 413-140-0055 about limits to adoption is being repealed because this policy will be set out in OAR 413-140-0035.

   OAR 413-140-0065 is being amended to state the types of background checks required for the Department to consider a home study waiver request.

   OAR 413-140-0080 about interviewing birth parents and OAR 413-140-0120 about storage and destruction of information about adoptions are being repealed because these topics do not need to be set out in Department rules.

   OAR 413-140-0110 about release of information and confidentiality is being amended to implement SB 623 (2013) and clarify cross-references to other rules.

   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 17, 2013 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, Child Welfare Programs, 500 Summer St. NE, E-48, Salem, OR 97301-1066

Telephone: (503) 945-6067


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

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

Date:   Time:   Location:

12-16-13    10 a.m.   500 Summer St. NE, Rm. 254      Salem, OR

Hearing Officer: Annette Tesch

Stat. Auth.: ORS 411.060, 411.095, 411.300, 411.404, 411.816 & 412.049

Other Auth.: FNS Waiver #2130017

Stats. Implemented: ORS 192.856, 410.150, 411.060, 411.095, 411.099, 411.103, 411.117, 411.300, 411.320, 411.335, 411.404, 411.632, 411.816, 411.837, 412.049, 412.074, 418.100 & 418.130

Proposed Amendments: 461-025-0315, 461-025-0375, 461-105-0100, 461-105-0130, 461-135-0505, 461-140-0300, 461-175-0206, 461-175-0210

Last Date for Comment: 12-17-13, 5 p.m.

Summary: OAR 461-025-0315 about expedited hearings, OAR 461-025-0375 about final orders, OAR 461-105-0100 about release of client information to law enforcement officers, OAR 461-105-0130 about disclosure of client information, OAR 461-135-0505 about categorical eligibility for SNAP, OAR 461-140-0300 about adjustments to the disqualification for asset transfer, and OAR 461-175-0206 about benefit standard change notices are being amended to address for the removal of “medical assistance” from the definition of “public assistance” in HB 2859 (2013) while continuing existing policies.

   OAR 461-175-0210 about notices sent to clients when they move or their location is unknown is being amended to make permanent a temporary rule change adopted October 3, 2013 stating that no notice is needed in the SNAP program when a SNAP case is closed for returned mail and the clients whereabouts are unknown. This rule is also being amended to make permanent a temporary rule change adopted October 1, 2013 removing the policies for certain medical assistance programs from this rule because this topic is now covered in OAR 410-200-0120.

   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 17, 2013 at 5:00 p.m. Written comments may be e-mailed to Annette.Tesch@state.or.us, faxed to 503-373-7032, or mailed to Annette Tesch, Rules Coordinator, DHS - Self-Sufficiency Programs, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The Department provides the same consideration to written comment as it does to any oral or written testimony provided at the public hearing.

Rules Coordinator: Annette Tesch

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

Telephone: (503) 945-6067


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

Date:   Time:   Location:

12-16-13    10 a.m.   500 Summer St. NE, Rm. 254      Salem, OR

Hearing Officer: Annette Tesch

Stat. Auth.: ORS 409.050, 411.060, 411.404, 411.816, 412.014, 412.049, HB 2089 (2013, Section 10)

Stats. Implemented: ORS 409.010, 411.060, 411.404, 411.816, 412.014 &412.049

Proposed Amendments: 461-110-0210, 461-110-0330, 461-110-0340, 461-110-0530, 461-110-0630, 461-115-0030, 461-115-0071, 461-115-0150, 461-115-0430, 461-120-0030, 461-120-0050, 461-120-0125, 461-120-0210, 461-120-0310, 461-120-0315, 461-120-0345, 461-120-0350, 461-120-0510, 461-120-0630, 461-125-0150, 461-130-0328, 461-135-0010, 461-135-0070, 461-135-0080, 461-135-0900, 461-135-0930, 461-135-0950, 461-135-1070, 461-140-0040, 461-140-0120, 461-140-0210, 461-140-0270, 461-145-0040, 461-145-0050, 461-145-0080, 461-145-0086, 461-145-0090, 461-145-0110, 461-145-0120, 461-145-0130, 461-145-0150, 461-145-0220, 461-145-0230, 461-145-0300, 461-145-0330, 461-145-0340, 461-145-0360, 461-145-0365, 461-145-0380, 461-145-0410, 461-145-0420, 461-145-0430, 461-145-0433, 461-145-0440, 461-145-0455, 461-145-0460, 461-145-0470, 461-145-0505, 461-145-0510, 461-145-0540, 461-145-0590, 461-145-0600, 461-145-0820, 461-145-0830, 461-145-0860, 461-145-0910, 461-145-0920, 461-145-0930, 461-150-0020, 461-150-0070, 461-150-0080, 461-150-0090, 461-155-0030, 461-155-0350, 461-155-0670, 461-160-0015, 461-160-0040, 461-160-0060, 461-160-0100, 461-160-0160, 461-160-0630, 461-165-0030, 461-165-0120, 461-170-0011, 461-170-0130, 461-170-0200, 461-175-0200, 461-175-0270, 461-175-0305, 461-180-0020, 461-180-0050, 461-180-0065, 461-180-0085, 461-180-0100, 461-180-0105, 461-180-0120

Proposed Repeals: 461-110-0400, 461-115-0530, 461-115-0705, 461-135-0095, 461-135-0096, 461-135-0170, 461-135-1060, 461-135-1100, 461-135-1101, 461-135-1102, 461-135-1120, 461-135-1149, 461-145-0870, 461-155-0235, 461-160-0120, 461-160-0125, 461-160-0190, 461-160-0200, 461-160-0700, 461-175-0203, 461-180-0097

Last Date for Comment: 12-17-13, 5 p.m.

Summary: These rules about eligibility for medical programs are being changed as part of the process to move policies about financial eligibility for medical assistance from OAR 461 (DHS) into the OAR 410-200 (under OHA), and as part of the implementation efforts for the federal Affordable Care Act (ACA). For applications for medical assistance starting on October 1, 2013, financial eligibility policies are changing and will be set out in OAR 410-200. These amendments make permanent temporary changes adopted October 1, 2013.

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

   Written comments may be submitted until December 17, 2013 at 5:00 p.m. Written comments may be e-mailed to Annette.Tesch@state.or.us, faxed to 503-373-7032, or mailed to Annette Tesch, Rules Coordinator, DHS - Self-Sufficiency Programs, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The Department provides the same consideration to written comment as it does to any oral or written testimony provided at the public hearing.

Rules Coordinator: Annette Tesch

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

Telephone: (503) 945-6067


Department of Justice, Chapter 137

Rule Caption: Adopts Rules Required by 2013 Legislation to Implement Oregon Foreclosure Avoidance Program

Date:   Time:   Location:

1-7-14    9 a.m.   340 Vista Ave SE      Salem, OR 97302

Hearing Officer: Jermaine Brown

Stat. Auth.: 2013 OL Ch. 304, Sec. 2(1)(b), 2(2), 2(3), 3(1), 3(2), 3(4) & 6(1)

Stats. Implemented: 2013 OL Ch. 304

Proposed Adoptions: 137-110-0300, 137-110-0605,137-110-0675

Proposed Amendments: 137-110-0010, 137-110-0110, 137-110-0200, 137-110-0210, 137-110-0410, 137-110-0420, 137-110-0600, 137-110-0610, 137-110-0620, 137-110-0630,137-110-0640, 137-110-0650, 137-110-0670

Proposed Repeals: 137-110-0001, 137-110-0005, 137-110-0020, 137-110-0430, 137-110-0500, 137-110-0510, 137-110-0520, 137-110-0660

Last Date for Comment: 1-10-14, Close of Business

Summary: These rules implement the Oregon Foreclosure Avoidance Program established by Oregon Laws 2013, chapter 304. These rules provide:

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

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

   - The contents of the notices that will be issued by the service provider;

   - The form for, and contents of, an affidavit exempting a beneficiary from the requirement to enter into a resolution conference with a grantor

   - The guidelines that provide for the role of program facilitators; the contents of the notices that will be issued by the service provider; documents required of both parties; procedures for rescheduling resolution conference sessions; role of interpreters; means of executing agreements; the form for, and contents of the certificate of compliance or notice that no certificate of compliance will be issued to a beneficiary.

Rules Coordinator: Carol Riches

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

Telephone: (503) 947-4700


Rule Caption: Adopts Rules Implementing 2013 Legislation Regarding Foreclosure Avoidance Measure Notices

Date:   Time:   Location:

1-7-14    9 a.m.   340 Vista Ave SE      Salem, OR 97302

Hearing Officer: Jermaine Brown

Stat. Auth.: 2013 OL Ch. 304 Sec. 6(1)(g)

Stats. Implemented: 2012 OL Ch. 112, Sec. 4(a)

Proposed Amendments: 137-120-0020

Proposed Repeals: 137-120-0010

Last Date for Comment: 1-10-14, Close of Business

Summary: These amended rules implement the foreclosure avoidance measure notice provisions of Oregon Laws 2013, chapter 304. They provide a form and content of the notice issued by a beneficiary when the beneficiary determines that a grantor is not eligible for any foreclosure avoidance measure or that the grantor has not complied with the terms of a foreclosure avoidance measure to which the grantor has agreed. They also provide the address to which a copy of the notice must be sent to the Attorney General.

Rules Coordinator: Carol Riches

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

Telephone: (503) 947-4700


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

Rule Caption: Designate Emergency Planning Districts

Date:   Time:   Location:

12-17-13    10:30 a.m.   4760 Portland Rd. NE      Salem, OR 97305-1760

Hearing Officer: John Caul

Stat. Auth.: ORS 476.030(2)

Stats. Implemented: ORS 453.520

Proposed Adoptions: Rules in 837-095

Last Date for Comment: 12-17-13, 12 p.m.

Summary: These rules designate emergency planning districts as required by the Emergency Planning and Community Right to Know Act (EPCRA) of 1986 (42 U.S.C. Chapter 116, Section 11001 et seq.); and establish Local Emergency Planning Committees (LEPCs).

Rules Coordinator: Valerie Abrahamson

Address: Department of Oregon State Police, Office of State Fire Marshal, 4760 Portland Rd. NE, Salem, OR 97305-1760

Telephone: (503) 934-8211


Rule Caption: Rule changes align with U.S. Environmental Protection Agency 40 CFR Part 370

Date:   Time:   Location:

12-17-13    1:30 p.m.   4760 Portland Rd. NE      Salem, OR 97305

Hearing Officer: John Caul

Stat. Auth.: ORS 453.367

Other Auth.: U.S Environmental Protection Agency 40 CFR Part 370

Stats. Implemented: ORS 453.307–453.414

Proposed Amendments: Rules in 837-085

Last Date for Comment: 12-17-13, 3 p.m.

Summary: This rule is being amended to align with changes to U.S. Environmental Protection Agency 40 CFR Part 370.

Rules Coordinator: Valerie Abrahamson

Address: Department of Oregon State Police, Office of State Fire Marshal, 4760 Portland Rd. NE, Salem, OR 97305-1760

Telephone: (503) 934-8211


Department of Public Safety Standards and Training, Chapter 259

Rule Caption: Eliminate eligibility dates (HB 2235); Housekeeping changes.

Stat. Auth.: ORS 181.640 & 181.652

Stats. Implemented: ORS 181.640 & 181.652

Proposed Amendments: 259-008-0025

Last Date for Comment: 12-23-13, 5 p.m.

Summary: 2013 HB 2235 extended the sunset clause of the DOC Basic Corrections Course. As a result, the eligibility dates found in rule were outdated. Because these dates are found in statute, eligibility dates are removed from rule to eliminate to need to again update the dates in the future. Additionally, there are several housekeeping changes for clarity and consistency.

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: Clarifies staff ability to summarily dispose of/administratively close cases involving discretionary disqualifying misconduct.

Stat. Auth.: ORS 181.878, 181.882 & 181.885

Stats. Implemented: ORS 181.878 & 181.885

Proposed Amendments: 259-060-0300

Last Date for Comment: 12-23-13, Close of Business

Summary: This rule allows DPSST staff to consult and reach a consensus to summarily dispose of or administratively close cases involving discretionary disqualifying misconduct of private security providers. Additionally, it corrects an ORS citation for the crime of Interfering with Public Transportation and minor housekeeping.

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: Adds core values; Clarifies denial, suspension and revocation process; adds mandatory and discretionary disqualifiers.

Stat. Auth.: ORS 703.415, 703.430, 703.450, 703.465 & 703.480

Stats. Implemented: ORS 703.415, 703.430, 703.450, 703.465 & 703.480

Proposed Adoptions: 259-061-0300

Proposed Amendments: 259-061-0040

Last Date for Comment: 12-23-13, 5 p.m.

Summary: ORS 703.465 and 703.480 authorize the Board on Public Safety Standards and Training, in consultation with the Private Security/Investigator Policy Committee (PSIPC), to develop rules outlining reasonable minimum standards of moral fitness to be upheld by licensed private investigators in the State of Oregon. The Board, through the Policy Committee, has developed rules establishing procedures which detail when and how private investigator licensure may be denied, suspended, or revoked.

   This proposed rule change adds core values which are believed to be integral to the private investigator profession. All person felonies as defined by the Criminal Justice Commission will be an automatic disqualifier for licensure. Any arrest or conviction which does not constitute a person felony, or any violation of the core values committed by a licensed investigator or committed within 10 years of an application for licensure would be considered a discretionary disqualifier.

   Staff will have the ability to consult and reach a consensus to summarily dispose of or administratively close cases involving discretionary disqualifying misconduct. Only cases in which staff are unable to reach a consensus will be presented to the Board, through the Private Investigator Subcommittee and Policy Committee, for final determination.

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: Clarifies instructor certification requirements; Housekeeping.

Stat. Auth.: ORS 176.260, 181.534, 181.612, 181.640, 181.644, 181.650, 181.651, 181.652, 181.653, 181.654, 181.661, 181.662, 181.664, 181.665, 183.341, 206.015 & 2011 OL Ch. 644

Stats. Implemented: ORS 176.260, 181.612, 181.640, 181.644, 181.650, 181.651, 181.652, 181.653, 181.654, 181.661, 181.662, 181.664, 181.665, 183.341, 206.015 & 2011 OL Ch. 644

Proposed Amendments: 259-008-0005, 259-008-0010, 259-008-0020, 259-008-0025, 259-008-0060, 259-008-0069, 259-008-0070, 259-008-0075, 259-008-0080, 259-008-0090, 259-008-0100, 259-013-0000, 259-013-0220, 259-013-0230

Last Date for Comment: 12-23-13, Close of Business

Summary: Current ORS and OAR requires that anyone instructing a mandated Basic Course be certified by DPSST. There are three types of instructor certification; Certified Instructor, Allied Professions Instructor, and Subject Matter Expert Instructor. This proposed rule change ensures certified instructors are held to the same standard as other certifications, including criminal records checks, notification of conviction, moral fitness, education, experience, training requirements and renewal cycle timelines. This rule change adds the definitions of “Instructor”, “Allied Professions Instructor”, and “Subject Matter Expert Instructor” to OAR 259-008-0005. Further, it makes “Public Safety Professional” a stand-alone definition, which includes corrections officers, emergency medical dispatchers, parole and probation officers, police officers, certified reserve officers, telecommunicators, liquor enforcement inspectors, and instructors. OAR 259-008-0080 is updated to add fingerprint requirements, criminal records checks, notice of conviction requirements, moral fitness standards, training requirements, experience requirements, and document submission requirements. Further, OAR’s in Divisions 8 and 13 are updated to reflect definition changes. Finally, minor housekeeping changes are made for clarity.

Rules Coordinator: Linsay Hale

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

Telephone: (503) 378-2431


Department of State Lands, Chapter 141

Rule Caption: Clarify, streamline, and simplify estates and unclaimed property reporting and claims procedures.

Date:   Time:   Location:

12-18-13    3 p.m.   Dept. of State Lands,       Land Board Rm.      775 Summer St. NE Suite 100      Salem, OR 97301

Hearing Officer: Patrick Tate or Cynthia Wickham

Stat. Auth.: ORS 98.302–98.436, 111–119 & 273.045

Stats. Implemented: ORS 98 & 111–119

Proposed Amendments: 141-030-0015, 141-030-0025, 141-030-0037, 141-035-0012, 141-035-0013, 141-035-0016, 141-035-0018, 141-035-0020, 141-035-0025, 141-035-0030, 141-035-0035, 141-035-0040, 141-035-0045, 141-035-0047, 141-035-0048, 141-035-0050, 141-035-0065, 141-035-0068, 141-040-0020, 141-040-0214, 141-045-0010, 141-045-0031, 141-045-0041, 141-045-0061, 141-045-0100

Proposed Repeals: 141-030-0036, 141-035-0015

Last Date for Comment: 12-31-13, Close of Business

Summary: The revised rules repeal all references to institutional escheat property which was no longer reportable to the Department when ORS 179.540 was repealed in 1997, and all such property currently being held has been held for more than 10 years and is no longer available for claim. Other sections of the rules are revised to reflect the current statutory authority and/or remove authority that has been repealed.

   The revised rules clarify the types of abandoned tangible personal property that are not considered reportable as unclaimed. The revisions provide specific exclusions for willful abandonment of things such as automobiles, furniture, household goods, used clothing, and hazardous materials.

   The agency and its stakeholders have been able to achieve efficiencies in administration of and compliance with program requirements by advances in technology. The rules have been revised to reflect the increased use of technology and electronic reporting and record keeping.

   The Division 35 rules were last revised in December 2003. The majority of the revisions are intended to provide clarity and improve the readability of the rules.

   The Agency requests public comment on whether other options should be considered for achieving the rule’s substantive goals while reducing the negative economic impact of the rule on business.

   For additional information on this rulemaking process please visit the following link on the Department’s website:

   http://www.oregon.gov/dsl/Pages/rules_activity

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

   Tiana Teeters, Rules Coordinator

   Estates/Unclaimed Property 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: Estates.UP.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


Department of Transportation, Transportation Safety Division, Chapter 737

Rule Caption: Traffic Safety Education and Reimbursement

Stat. Auth.: ORS 184.616, 184.619, 802.345 & 336.790–366.815

Stats. Implemented: ORS 336.800, 336.805, 336.810, 802.110, 802.345, 807.065 & 807.070(3)

Proposed Adoptions: 737-015-0035, 737-015-0074, 737-015-0076, 737-015-0085, 737-015-0105, 737-015-0120, 737-015-0130

Proposed Amendments: 737-015-0010, 737-015-0020, 737-015-0030, 737-015-0070, 737-015-0090, 737-015-0100, 737-015-0110

Last Date for Comment: 12-23-13, Close of Business

Summary: These revisions to Chapter 737, Division 15, Traffic Safety Education rules implement HB 2264 which allows the Department to amend current reimbursement policy and sanction policy, as well as implement provisions for low/no income subsidy for qualified students.

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171


Department of Veterans’ Affairs, Chapter 274

Rule Caption: Conservatorship fees, fee waiver and retraction of fee waiver

Date:   Time:   Location:

12-19-13    10 a.m.   Dept. of Veterans Affairs,      Auditorium      700 Summer St. NE      Salem, OR 97301

Hearing Officer: Laurie Skillman

Stat. Auth.: ORS 406.005, 406.050 & 406.100

Stats. Implemented: ORS 406.110 & 406.120, 2013 OL Ch. 258 & 2013 OL Ch. 190,

Proposed Amendments: 274-015-0010

Proposed Repeals: 274-015-0010(T)

Last Date for Comment: 12-19-13, Close of Business

Summary: The Department filed this rule as a temporary rule on August 29, 2013 that is effective from August 30, 2013 through January 3, 2014. The rule is needed to implement Chapter 258, 2013 Oregon Laws (HB 2044) and Chapter 190, 2013 Oregon Laws (HB 2046), that amended ORS 406.100 and 406.110.

   The amendments to ORS 406.100 (HB 2044) changed the fees the Department may charge when acting as a conservator for a protected person. The fees were “an amount not to exceed 5% of the income to the estate” for all ordinary and usual conservatorship services. The statute now allows the Department to charge a “reasonable” compensation for ordinary services. The amended rule provides that the Department will charge 7% for ordinary services, an hourly rate of $40 for unusual services and $50 per real property inspection. The amendments to ORS 406.110 (HB 2046) allow the Department to retract a previously granted waiver of all or a portion of the fees charged to the estate of a protected person.

   The amendments to the rule include adding some definitions, and housekeeping for readability and clarity.

Rules Coordinator: Laurie Skillman

Address: Department of Veterans’ Affairs, 700 Summer St. NE, Salem, OR 97301

Telephone: (503) 373-2016


Rule Caption: Veteran’s loans made by the Oregon Department of Veteran’s Affairs

Date:   Time:   Location:

12-19-13    10 a.m.   Dept. of Veterans Affairs,       Auditorium      700 Summer St. NE      Salem, OR 97301

Hearing Officer: Laurie Skillman

Stat. Auth.: ORS 406.030 & 407.115

Stats. Implemented: ORS 407.205 & 407.225

Proposed Amendments: 274-020-0200, 274-020-0265, 274-020-0285, 274-020-0348, 274-045-0001

Proposed Repeals: 274-020-0200(T), 274-020-0265(T), 274-020-0285(T), 274-020-0348(T), 274-045-0001(T)

Last Date for Comment: 12-19-13, Close of Business

Summary: The Department filed temporary rules for the five named rules on July 23, 2013, effective July 23, 2013 through January 19, 2014.

   The rules are needed to implement Chapter 227, 2013 Oregon Laws (SB 34) and Chapter 228, 2013 Oregon Laws (SB 35), that amended ORS 407.202 and 407.225. The amendments to ORS 407.205 changes the number of loans a veteran may obtain from two to four loans. The amendments to ORS 407.225 increased the loan-to-value ratio for loans.

   The amendments to the temporary rules include housekeeping for readability and clarity.

Rules Coordinator: Laurie Skillman

Address: Department of Veterans’ Affairs, 700 Summer St. NE, Salem, OR 97301

Telephone: (503) 373-2016


Higher Education Coordinating Commission, Chapter 715

Rule Caption: Renumber administrative rules concerning career schools. Update rules to reflect Commission’s oversight career schools.

Date:   Time:   Location:

1-9-14    1 p.m.   900 Court St. NE       Hearing Rm. 50      Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 345.030, 345.080, & 345.325, as amended by sections 24, 28, & 33, 2012 OL Ch. 104

Other Auth.: Sections 13 & 18, chapter 104, Oregon Laws 2012

Stats. Implemented: 2012 Ol Ch. 104

Proposed Ren. & Amends: 581-045-0001 to 715-045-0001, 581-045-0003 to 715-045-0003, 581-045-0006 to 715-045-0006, 581-045-0007 to 715-045-0007, 581-045-0008 to 715-045-0008, 581-045-0009 to 715-045-0009, 581-045-0012 to 715-045-0012, 581-045-0013 to 715-045-0013, 581-045-0014 to 715-045-0014, 581-045-0018 to 715-045-0018, 581-045-0019 to 715-045-0019, 581-045-0022 to 715-045-0022, 581-045-0023 to 715-045-0023, 581-045-0029 to 715-045-0029, 581-045-0032 to 715-045-0032, 581-045-0033 to 715-045-0033, 581-045-0034 to 715-045-0034, 581-045-0036 to 715-045-0036, 581-045-0037 to 715-045-0037, 581-045-0038 to 715-045-0038, 581-045-0039 to 715-045-0039, 581-045-0060 to 715-045-0060, 581-045-0061 to 715-045-0061, 581-045-0062 to 715-045-0062, 581-045-0063 to 715-045-0063, 581-045-0064 to 715-045-0064, 581-045-0065 to 715-045-0065, 581-045-0066 to 715-045-0066, 581-045-0067 to 715-045-0067, 581-045-0068 to 715-045-0068, 581-045-0190 to 715-045-0190, 581-045-0200 to 715-045-0200, 581-045-0210 to 715-045-0210

Last Date for Comment: 1-23-14, Close of Business

Summary: In 2012, the Legislative Assembly transferred the duties, functions, and powers of the State Board of Education, Department of Education, and Superintendent of Public Instruction relating to career schools to the Higher Education Coordinating Commission, see sections 13 through 39, chapter 104, Oregon Laws 2012. The commission is renumbering the department’s administrative rules regarding career schools for the purpose of bringing them into the commission’s chapter of the Oregon Administrative Rules (OAR chapter 715). The commission is also amending these rules to replace references to the board, department, and superintendent in the rules with references to the commission and its executive director.

Rules Coordinator: Angela Rico

Address: Higher Education Coordinating Commission, 900 Court St. NE, Suite 160, Salem, OR 97301

Telephone: (503) 378-5690


Oregon Board of Naturopathic Medicine, Chapter 850

Rule Caption: Add substances to the formulary compendium for Naturopathic physicians and Pharmacists reference

Stat. Auth.: ORS 685.125

Stats. Implemented: ORS 685.145

Proposed Amendments: 850-060-0226

Last Date for Comment: 1-8-14, 3 p.m.

Summary: As part of the Naturopathic formulary classifications make the following amendments: add Mechlorethamine, add a miscellaneous classification to antidiabetic agents, and correct (25) to include minerals.

Rules Coordinator: Anne Walsh

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

Telephone: (971) 673-0193


Oregon Business Development Department, Chapter 123

Rule Caption: This new division of rules relates to the Oregon Seismic Rehabilitation Grants Program.

Stat. Auth.: ORS 285A.093, 285A.098, 286A.760–286A.772, 401.910 & 2013 OL Ch. 782

Stats. Implemented: ORS 285A.093, 285A.098, 286A.760–286A.772, 401.910 & 2013 OL Ch. 782

Proposed Adoptions: 123-051-0100 – 123-051-1200

Last Date for Comment: 12-20-13, 5 p.m.

Summary: The 2013 Legislature passed SB 813 transferring the Oregon Seismic Rehabilitation Grants Program from the Office of Emergency Management to the Oregon Business Development Department’s Infrastructure Finance Authority. This new division of rules provides criteria, processes and standards for the program.

Rules Coordinator: Mindee Sublette

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

Telephone: (503) 986-0036


Rule Caption: These rule amendments relate to the Water Fund administered by the Infrastructure Finance Authority.

Stat. Auth.: ORS 285B.563 & 285A.075

Stats. Implemented: ORS 285B.560–285B.599

Proposed Amendments: Rules in 123-043

Last Date for Comment: 12-20-13, 5 p.m.

Summary: These rule amendments result from SB 181 in the 2013 regular Legislative session. The maximum term limits on a loan made by the Infrastructure Finance Authority for the Water Fund has been changed from 25 years to 30 years.

   Language for the criteria for technical assistance grants has been amended to clarify what a grant shall be made for and how often.

   Other minor housekeeping changes have been made.

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: Public Charter Schools

Date:   Time:   Location:

1-6-14    1 p.m.   Dept. of Education      255 Capital St. NE, 200A      Salem, OR

Hearing Officer: Emily Nazarov

Stat. Auth.: ORS 326.051 & 338.025

Stats. Implemented: ORS 338

Proposed Adoptions: 581-026-0005, 581-026-0055, 581-026-0060, 581-026-0110

Proposed Ren. & Amends: 581-020-0301 to 581-026-0050, 581-020-0331 to 581-026-0065, 581-020-0311 to 581-026-0100, 581-020-0321 to 581-026-0120, 581-020-0345 to 581-026-0125, 581-020-0341 to 581-026-0130, 581-020-0334 to 581-026-0200, 581-026-0336 to 581-026-0210, 581-020-0338 to 581-026-0300, 581-020-0342 to 581-026-0305, 581-020-0343 to 581-026-0310, 581-020-0359 to 581-026-0400, 581-020-0361 to 581-026-0405, 581-020-0380 to 581-026-0500, 581-020-0385 to 581-026-0505, 581-020-0390 to 581-026-0510, 581-020-0395 to 581-026-0515

Last Date for Comment: 1-6-14, 5 p.m.

Summary: The rule amendments implement HB 2150, 2875 and 3093. The rules modify the charter application process, appeal process, renewal process, annual audit and state board sponsorship process. The rules also create a separate division for charter school rules:

   Division 26

   Public Charter Schools

   581-026-0005 Definitions

   Proposal Process

   581-026-0050 Public Charter School Proposal Submission and Completeness

   581-026-0055 Public Charter School Proposal Review and Resubmission

   581-026-0060 Public Charter School Proposal Reconsideration

   581-026-0065 Appeal Process

   Charter Contract Development and Timelines

   581-026-0100 Development and Execution of a Charter

   581-026-0110 Public Charter School Mediation Provided by the State Board of Education

   581-026-0120 Charter School Development Timelines

   581-026-0125 Timeline Extensions

   581-026-0130 Procedure to Waive Certain Provisions of the Charter School Law

   Finance

   581-026-0200 Financial Management System

   581-026-0210 Annual Financial Reporting

   Virtual Public Charter Schools

   581-026-0300 Virtual Public Charter Schools

   581-026-0305 Virtual Public Charter School Student Enrollment

   581-026-0310 Virtual Public Charter School Student Enrollment Appeal Procedure

   Renewal

   581-026-0400 Process to Renew Charter

   581-026-0405 Appeal of Sponsor’s Decision Not to Renew a Charter

   Termination

   581-026-0500 Process for Sponsor to Terminate Charter

   581-026-0505 Process to Appeal Decision by Sponsor to Terminate Charter

   581-026-0510 Process for Charter School Governing Body to Terminate Charter and Dissolve Public Charter School

   581-026-0515 Distribution of Assets of a Terminated or Dissolved Public Charter School

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


Rule Caption: Implement provisions of HB 3233 relating to educator effectiveness and common core state standards implementation.

Date:   Time:   Location:

1-6-14    1 p.m.   Dept. of Education      255 Capitol St. NE, 200A      Salem OR

Hearing Officer: Emily Nazarov

Stat. Auth.: 2013 OL Ch. 661, Sec. 1 (Enrolled HB 3233)

Stats. Implemented: 2013 OL Ch. 661, Sec. 1 (Enrolled HB 3233)

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

Last Date for Comment: 1-6-14, 5 p.m.

Summary: Implement the provisions of HB 3233 relating to educator effectiveness (SB 290) and common core state standards (CCSS) implementation. The rules establish the Educator Effectiveness and CCSS Implementation Grant Program including eligibility, criteria, grant funding and reporting.

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


Rule Caption: Implements provisions of HB 3232 by establishing a Mentoring, Monitoring, and Accelerated program.

Date:   Time:   Location:

1-6-14    1 p.m.   255 Capital St. NE, 200A      Salem OR

Hearing Officer: Emily Nazarov

Stat. Auth.: 2013 OL Ch. 660, Sec. 1 (Enrolled HB 3232)

Stats. Implemented: 2013 OL Ch. 660, Sec. 1 (Enrolled HB 3232)

Proposed Adoptions: 581-017-0200, 581-017-0205, 581-017-0210, 581-017-0215, 581-017-0220

Last Date for Comment: 1-6-14, 5 p.m.

Summary: The proposed rules implement the provisions of House bill 3232 by establishing a Mentoring, Monitoring and/or Accelerated program designed to re-enroll, return, or maintain eighth and ninth grade student progress toward graduation. School districts and non-profit organizations are eligible for the grant.

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


Rule Caption: Repeals rule relating to athlete agents.

Stat. Auth.: 702.063

Stats. Implemented: ORS 702

Proposed Repeals: 581-054-0007

Last Date for Comment: 1-6-14, 5 p.m.

Summary: Repeals rule relating to athlete agents. The rule is duplicative of the state statute and unnecessary.

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


Rule Caption: Fingerprinting of Subject Individuals Employed by Private Schools

Stat. Auth.: ORS 326.603

Stats. Implemented: ORS 326.603

Proposed Amendments: 581-045-0586

Last Date for Comment: 1-6-14, 5 p.m.

Summary: The rules remove specific references to crimes listed in ORS 342.143 that if a person is convicted of a school may choose to not employ or contract with the person.

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


Rule Caption: Fingerprinting of subject individuals employed by public schools

Stat. Auth.: ORS 326.603

Stats. Implemented: ORS 326.603

Proposed Amendments: 581-021-0500

Last Date for Comment: 1-6-14, 5 p.m.

Summary: Adds early childhood education program who are community college faculty members to list of subject individuals to reflect new enacted legislation.

   Eliminates list of “forever” crimes from rule. Crimes are still listed in statute.

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


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

Rule Caption: Payment process for doula services provided at the time of labor and delivery

Date:   Time:   Location:

12-17-13    10:30 a.m.   500 Summer St. NE, Rm.137C      Salem, OR

Hearing Officer: Sandy Cafourek

Stat. Auth.: ORS 413.042 & 414.065

Stats. Implemented: ORS 414.065

Proposed Adoptions: 410-130-0015

Last Date for Comment: 12-19-13, 5 p.m.

Summary: House Bill 3650, passed during the 2011 legislative session, mandates that members enrolled in Medicaid have access to Traditional Health Workers (THWs) to facilitate culturally and linguistically appropriate care. The Traditional Health Worker Steering Committee under the Office of Equity and Inclusion identified doulas as Traditional Health Care workers. The Authority adopted OAR 410-180-0300 through 0380 establishing the process for training, certification, and registry enrollment of doulas and other traditional healthcare workers. This rule sets forth the requirement for reimbursing doula services provided to eligible members.

Rules Coordinator: Sandy Cafourek

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

Telephone: (503) 945-6430


Rule Caption: OHP standard benefit plan is eliminated effective January 1, 2014

Date:   Time:   Location:

12-17-13    10:30 a.m.   500 Summer St. NE, Rm. 137C      Salem, OR 97301

Hearing Officer: Sandy Cafourek

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 414.706

Proposed Adoptions: 410-120-0003

Last Date for Comment: 12-19-13, 5 p.m.

Summary: The current OHP Standard benefit package is eliminated effective January 1, 2014. Those clients receiving this benefit package will be eligible under a new Medicaid eligibility expansion under the Affordable Care Act. The OHA will offer a single benefit package for full benefit Medicaid eligibles, pending approval by the Centers of Medicare and Medicaid services (CMS).

Rules Coordinator: Sandy Cafourek

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

Telephone: (503) 945-6430


Rule Caption: Add definitions, Change chemical dependency to substance use disorder, detox services available in other settings

Date:   Time:   Location:

12-17-13    10:30 a.m.   500 Summer St. NE, Rm. 137C      Salem, OR 97301

Hearing Officer: Sandy Cafourek

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 414.025, 414.041, 414.065, 414.329, 414.705, 414.706, 414.707, 414.708 & 414.710

Proposed Amendments: 410-120-0000, 410-120-0045, 410-120-1160, 410-120-1200, 410-120-1210, 410-120-1855

Last Date for Comment: 12-19-13, 5 p.m.

Summary: The Authority needs to amend these rules to replace “chemical Dependency” with “Substance Use Disorder” as it is considered to be the standard terminology in the industry and to reflect that detox services is not restricted to a particular settings.

Rules Coordinator: Sandy Cafourek

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

Telephone: (503) 945-6430


Rule Caption: Traditional Health Worker Certification and Registry Application and Renewal Process and Background Check Requirements

Date:   Time:   Location:

12-18-13    10 a.m.   Portland State Office Bldg.      800 NE Oregon St.      Portland, OR

Hearing Officer: Staff

Stat. Auth.: ORS 413.042, 414.635 & 414.665

Other Auth.: 2011 OL Ch. 602 & 2012 OL Ch. 8

Stats. Implemented: ORS 181.437, 414.635 & 414.665

Proposed Adoptions: 410-180-0325, 410-180-0326

Last Date for Comment: 12-20-13, 5 p.m.

Summary: House Bill 3650, passed during the 2011 legislative session, mandates that members enrolled in Oregon’s Coordinated Care Organizations (CCOs) have access to Traditional Health Workers (THWs) to facilitate culturally and linguistically appropriate care. THWs include community health workers, personal health navigators, peer wellness specialists and other health care workers who are not regulated or certified by this state, including birth doulas. The Authority needs to adopt these rules which establish the application and renewal process for THW certification and registry enrollment. These rules also set forth the THW background check requirements, which THWs must pass before being certified, enrolled on the Authority’s registry and to be eligible for Medicaid reimbursement for their services.

   The Authority needs to adopt these to ensure the full engagement and utilization of THWs in Oregon’s Integrated and Coordinated Healthcare System to ensure quality healthcare for its clients.

Rules Coordinator: Sandy Cafourek

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

Telephone: (503) 945-6430


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

Rule Caption: Small Employer Health Plans abolished; Administrative Rules repealed

Stat. Auth.: ORS 735.708

Other Auth.: 2011 OL Ch. 70, 2013 OL Ch. 681 (Enrolled HB 2240)

Stats. Implemented: ORS 735.700 & 735.714

Proposed Repeals: 442-006-0000, 442-006-0010, 442-006-0020, 442-006-0030, 442-006-0040

Last Date for Comment: 12-24-13, 5 p.m.

Summary: The Oregon Health Authority, Office of Private Health Partnerships, is proposing to permanently repeal Oregon Administrative Rules related to programs within the Office of Private Health Partnerships. Due to Medicaid expansion as a result of federal legislation, these programs are no longer necessary.

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


Rule Caption: Office of Private Health Partnerships abolished; Administrative Rules repealed

Stat. Auth.: ORS 735.707

Other Auth.: 2013 OL Ch. 681 (Enrolled HB 2240)

Stats. Implemented: ORS 735.700–735.714

Proposed Repeals: 442-001-0000, 442-001-0005, 442-001-0050, 442-001-0060, 442-001-0070, 442-001-0080, 442-001-0090, 442-001-0100, 442-001-0110, 442-001-0120, 442-001-0130, 442-001-0140, 442-001-0150, 442-001-0160

Last Date for Comment: 12-24-13, 5 p.m.

Summary: The Oregon Health Authority, Office of Private Health Partnerships, is proposing to permanently repeal Oregon Administrative Rules related to programs within the Office of Private Health Partnerships. Due to Medicaid expansion as a result of federal legislation, these programs are no longer necessary.

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: WIC Participant, Vendor and Farmer Administration

Date:   Time:   Location:

12-18-13    1 p.m.   Portland State Office Bldg.      Rm. 705C      800 NE Oregon St.      Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 413.500

Other Auth.: 7 CFR 246, Public Law 108-265

Stats. Implemented: ORS 413.500

Proposed Adoptions: 333-053-0000, 333-054-0052

Last Date for Comment: 12-23-13, 5 p.m.

Summary: The Oregon Health Authority, Public Health Division is proposing to permanently adopt an administrative rule in chapter 333, division 53 as it pertains to WIC participants and chapter 333, division 54 as it pertains to vendors and farmers that are authorized by the Oregon WIC Program. These rule adoptions address temporary suspensions of WIC participant benefits and vendor and farmer agreements in the event of a government or program closure or the lack of government funding for the program.

Rules Coordinator: Brittany Sande

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

Telephone: (971) 673-1291


Rule Caption: New process for claiming a nonmedical exemption to school/children’s facility immunization requirements

Date:   Time:   Location:

12-17-13    1:30 p.m.   Portland State Office Bldg.,       Rm. 1E      800 NE Oregon St.      Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 433.004, 433.273, 433.282 & 433.283

Other Auth.: 2013 OL Ch. 516

Stats. Implemented: ORS 433.001, 433.004, 433.006 & 433.235–433.284

Proposed Amendments: 333-050-0010, 333-050-0020, 333-050-0040, 333-050-0050, 333-050-0060, 333-050-0070, 333-050-0080, 333-050-0100, 333-050-0110, 333-050-0120, 333-050-0130, 333-050-0140

Last Date for Comment: 12-23-13, 5 p.m.

Summary: The Oregon Health Authority, Public Health Division is proposing to permanently amend administrative rules in chapter 333, division 50, relating to school immunization law.

   These amendments describe the new process for claiming a nonmedical exemption to school/children’s facility/post-secondary immunization requirements that was passed into law in 2013. Parents claiming a nonmedical exemption for their children will be required to submit either: documentation from a health care practitioner that they have discussed the risks and benefits of vaccines, or a certificate proving they had watched an online interactive educational module on the risks and benefits of vaccines. Documentation will be on a form prescribed by the Public Health Division. The new process for claiming a nonmedical exemption will apply to new enterers to school and children’s facilities and to exemptions claimed on or after March 1, 2014. These amendments address the definition of health care practitioner. These amendments modify reporting requirements for schools and children’s facilities to report the number of nonmedical exemptions from each source, whether from a health care practitioner, from the online educational module or from an exemption claimed prior to the operative date of the law, March 1, 2014. These amendments delay the phase-in schedule for the hepatitis A immunization requirement.

   Deletions have been made to remove outdated information. Wording changes have been made to clarify these rules.

Rules Coordinator: Brittany Sande

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

Telephone: (971) 673-1291


Rule Caption: Oregon Farm Direct Nutrition Program Administration

Date:   Time:   Location:

12-18-13    1 p.m.   Portland State Office Bldg.       Rm. 705C      800 NE Oregon St.      Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 413.500

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

Stats. Implemented: ORS 413.500

Proposed Amendments: 333-052-0040, 333-052-0043, 333-052-0044, 333-052-0120

Last Date for Comment: 12-23-13, 5 p.m.

Summary: The Oregon Health Authority, Public Health Division is proposing to permanently amend administrative rules in chapter 333, division 52 as they pertain to Oregon Farm Direct Nutrition Program participants, and farmers that are authorized by the Oregon Farm Direct Nutrition Program. These changes include amendments to definitions, senior participant eligibility requirements, WIC participant eligibility requirements, and complaints.

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: Nontransplant Anatomical Research Recovery Organizations Licensing

Date:   Time:   Location:

12-18-13    11 a.m.   Portland State Office Bldg.      800 NE Oregon St., Rm. 612      Portland, OR 97232

Hearing Officer: Staff

Stat. Auth.: 2013 OL Ch. 356

Stats. Implemented: 2013 OL Ch. 356

Proposed Adoptions: 333-081-0000, 333-081-0005, 333-081-0010, 333-081-0015, 333-081-0020, 333-081-0025, 333-081-0030, 333-081-0035, 333-081-0040, 333-081-0045, 333-081-0050, 333-081-0055, 333-081-0060, 333-081-0065, 333-081-0070, 333-081-0075, 333-081-0080, 333-081-0085, 333-081-0090

Last Date for Comment: 12-23-13, 5 p.m.

Summary: The Oregon Health Authority, Public Health Division, is proposing to permanently adopt administrative rules in chapter 333, division 81 in order to create a licensing program for Nontransplant Anatomical Research Recovery Organizations (“NARROs”). Oregon Laws 2013, chapter 356 (Enrolled House Bill 3345) requires that NARROs be licensed and directs the Oregon Health Authority to adopt implementing rules. The proposed rules create a licensing structure and requirements for NARROs.

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: Updating rules for Medical Marijuana pertaining to registration fees and adding a new medical condition

Stat. Auth.: ORS 475.309, 475.312 & 475.338

Other Auth.: 2013 OL Ch. 337

Stats. Implemented: ORS 475.300–475.346

Proposed Amendments: 333-008-0010, 333-008-0020, 333-008-0045

Proposed Repeals: 333-008-0020(T)

Last Date for Comment: 12-23-13, 5 p.m.

Summary: The Oregon Health Authority, Public Health Division, Oregon Medical Marijuana Program (OMMP) is proposing to permanently amend OAR 333-008-0010 relating to a new medical condition, and OAR 333-008-0020 and 333-008-0045 relating to registration for medical marijuana use.

   In 2013 the Legislature approved medical marijuana fee reductions for individuals that are eligible for Oregon Health Plan (OHP) benefits or are receiving food stamp benefits through the Oregon SNAP program. In addition, the passage of SB 281 added Post Traumatic Stress Disorder (PTSD) as a new medical condition. The fee reductions were implemented beginning October 1, 2013 with a temporary rulemaking that expires on March 30, 2014. This proposed rulemaking will make those fee changes in rule permanent.

   The Oregon Medical Marijuana Act (OMMA) mandates the Authority to adopt a fee structure in rule. In order to comply with the OMMA and legislative direction, the OMMP must amend its rules to reduce the application fee for OHP clients and SNAP recipients, and to add PTSD as a qualifying medical condition. Additionally, the Authority is simplifying the proof of residency requirements for those individuals submitting a reduced application fee, and clarifying that the replacement card fee is non-refundable in order to be consistent with other fees.

Rules Coordinator: Brittany Sande

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

Telephone: (971) 673-1291


Oregon Health Insurance Exchange, Chapter 945

Rule Caption: Assessment on State Programs

Date:   Time:   Location:

12-23-13    10 a.m.   16760 SW Upper Boones Ferry Rd.      Suite 200      Durham, OR 97224

Hearing Officer: Gregory Jolivette

Stat. Auth.: ORS 741.002

Stats. Implemented: ORS 741.105

Proposed Adoptions: 945-030-0045

Last Date for Comment: 12-30-13, 5 p.m.

Summary: Establishes the assessment on state programs as part of an Interagency Agreement between the Exchange and the Oregon Health Authority. Requires Exchange staff to annually report to the Finance and Audit Committee on the assessment on State programs.

Rules Coordinator: Gregory Jolivette

Address: Oregon Health Insurance Exchange, 16760 SW Upper Boones Ferry Rd., Suite 200, Durham, OR 97224

Telephone: (503) 373-9406


Oregon Housing and Community Services Department, Chapter 813

Rule Caption: Amends the procedural rules relating to State Housing Council review and determination for award proposals

Date:   Time:   Location:

12-16-13    2 p.m.   725 Summer St. NE,       Conference Rm. 124A      Salem, OR

Hearing Officer: Sandy McDonnell

Stat. Auth.: ORS 90.630, 90.771–90.775, 90.800-90.840, 183, 315.271, 317.097, 446.525–446.543, 456.515–456.725, 458.210– 458.365, 458.405–458.460, 458.505–458.740, 566.310–566.350 & 757.612–757.617

Stats. Implemented: ORS 90.630, 90.771–90.775, 90.800-90.840, 183, 315.271, 317.097, 446.525–446.543, 456.515–456.725, 458.210–458.365, 458.405–458.460, 458.505–458.740, 566.310– 566.350 & 757.612–757.617

Proposed Amendments: 813-001-0007

Proposed Repeals: 813-001-0007(T)

Last Date for Comment: 12-17-13, 5 p.m.

Summary: The descriptive and procedural rules within chapter 813, division 001 provide an overview of the department and related entities. The proposed amended rules describe the procedure for the State Housing Council’s review and approval or disapproval of certain housing grants, loans and other funding awards proposed by the director of the department.

Rules Coordinator: Sandy McDonnell

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

Telephone: (503) 986-2012


Rule Caption: Amends and consolidates common terms, policies and procedures used within department programs and rules

Date:   Time:   Location:

12-16-13    2 p.m.   725 Summer St. NE,       Conference Rm. 124A      Salem, OR 97301

Hearing Officer: Sandy McDonnell

Stat. Auth.: ORS 90.630, ORS 90.771–90.775, ORS 90.800–90.840, 183, ORS 315.271, 317.097, ORS 446.525–446.543, ORS 456.515–456.725, ORS 458.210–458.365, ORS 458.405–458.460, ORS 458.505–458.740, ORS 566.310–566.350 & ORS 757.612– 757.617

Stats. Implemented: ORS 90.630, ORS 90.771–90.775, ORS 90.800–90.840, 183, ORS 315.271, 317.097, ORS 446.525–446.543, ORS 456.515–456.725, ORS 458.210–458.365, ORS 458.405–458.460, ORS 458.505–458.740, ORS 566.310–566.350 & ORS 757.612–757.617

Proposed Adoptions: 813-005-0030, 813-005-0040, 813-005-0050, 813-005-0060, 813-005-0070

Proposed Amendments: 813-005-0001, 813-005-0005, 813-005-0016

Proposed Repeals: 813-005-0001(T), 813-005-0005(T), 813-005-0016(T), 813-005-0020(T), 813-005-0030(T), 813-005-0040(T), 813-005-0050(T), 813-005-0060(T), 813-005-0070(T)

Last Date for Comment: 12-17-13, 5 p.m.

Summary: The general rules have been amended to include common terms, policies and procedures with respect to the administration of the department and its programs.

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 State Lottery, Chapter 177

Rule Caption: Clarifies that the Keno Multiplier does not apply to the Jackpot Bonus prizes; Housekeeping changes

Date:   Time:   Location:

12-16-13    2:30 p.m.   Oregon State Lottery Headquarters      500 Airport Rd. SE      Salem, OR 97301

Hearing Officer: Larry Trott, Esq.

Stat. Auth.: ORS Chapter 461; 461.210, 461.220, 461.230, & 461.250

Other Auth.: Oregon Constitution, Article XV, Section 4(4)

Stats. Implemented: ORS 461.220

Proposed Amendments: 177-099-0095

Last Date for Comment: 12-16-13, 3 p.m.

Summary: The Oregon Lottery proposes to amend the Keno Multiplier Option rule to clarify that the Keno Multiplier does not apply to the Jackpot Bonus prizes. Other proposed amendments include housekeeping changes.

Rules Coordinator: Mark W. Hohlt

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

Telephone: (503) 540-1417


Rule Caption: Requires Lottery retailers maintain secure premises; Lottery may require security plan or terminate retailer contract

Date:   Time:   Location:

12-16-13    1:30 p.m.   Oregon State Lottery      500 Airport Rd. SE      Salem, OR 97301

Hearing Officer: Larry Trott, Esq.

Stat. Auth.: ORS 461, 461.217 & 461.300

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

Stats. Implemented: ORS 461.217 & 461.300

Proposed Adoptions: 177-040-0013

Last Date for Comment: 12-16-13, 2:30 p.m.

Summary: The Oregon Lottery proposes to adopt a new administrative rule regarding security at the premises of Lottery retailers.

   The proposed rule requires Lottery retailers to maintain adequate security at the retailers’ premises so that Lottery tickets and shares are sold in an environment that is free from unlawful or violent activities, that are severe or persistent.

   In addition, the proposed rule requires all applicants for Video Lottery contracts to certify to the Lottery that they will maintain adequate security of their premises.

   The Lottery may terminate the retailer contract of any retailer that does not maintain adequate security as specified in the rule, or the Lottery may require the retailer to implement a security plan.

Rules Coordinator: Mark W. Hohlt

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

Telephone: (503) 540-1417


Oregon State Marine Board, Chapter 250

Rule Caption: Repeal Division 19: Procedures for Adopting, Amending and Repealing Local and Special Rules

Date:   Time:   Location:

1-7-14    5 p.m.   435 Commercial St. NE      Salem, OR

Hearing Officer: Rachel Bullene

Stat. Auth.: ORS 830.110

Stats. Implemented: ORS 830.110

Proposed Repeals: Rules in 250-019

Last Date for Comment: 1-7-14, Close of Hearing

Summary: The agency will repeal division 019: Procedures for Adopting, Amending and Repealing Local and Special Rules. Definitions and procedures previously outlined in division 019 will be amended and included, as necessary, within division 001.

Rules Coordinator: June LeTarte

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

Telephone: (503) 378-2617


Rule Caption: Amend petition request procedure, consolidate definitions, define scope and authority, reference Attorney General’s Model Rules.

Date:   Time:   Location:

1-7-14    5 p.m.   435 Commercial St. NE      Salem, OR

Hearing Officer: Rachel Bullene

Stat. Auth.: ORS 830.110

Stats. Implemented: ORS 183.341

Proposed Adoptions: Rules in 250-001

Proposed Amendments: Rules in 250-001

Proposed Repeals: Rules in 250-001

Last Date for Comment: 1-7-14, Close of Hearing

Summary: The agency will adopt, amend and repeal rules, as necessary, in division 001, to establish procedure for submitting and accepting public petitions to modify or request boating regulations, identify authority, consolidate terms and definitions, and streamline its rulemaking notification procedure.

Rules Coordinator: June LeTarte

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

Telephone: (503) 378-2617


Rule Caption: Amend Guide Advisory Committee membership rules and maintain Columbia River reciprocity.

Date:   Time:   Location:

1-6-14    4 p.m.   South Beach Marina RV Bldg.      2120 SE Marine Science Dr.      Newport OR

1-7-14   4 p.m.   435 Commercial St.NE      Salem, OR

Hearing Officer: Randy Henry

Stat. Auth.: ORS 704.525, 830.435, 704.025 & 830.110

Stats. Implemented: ORS 704.525 & 830.435

Proposed Adoptions: 250-016-0090

Proposed Amendments: 250-016-0080

Last Date for Comment: 1-7-14, Close of Hearing

Summary: The proposed rule action will establish a new process of Guide Advisory Committee membership appointment and maintain reciprocal operations on the Columbia River with the state of Washington in compliance with the 2013 Oregon Legislative Session, House Bill 2039.

Rules Coordinator: June LeTarte

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

Telephone: (503) 378-2617


Rule Caption: Amend Ocean Charter Vessel License requirements, update definitions and eliminate duplicity with statutory language.

Date:   Time:   Location:

1-6-14    4 p.m.   South Beach Marina RV Bldg.      2120 SE Marine Science Dr.      Newport OR

1-7-14   5 p.m.   435 Commercial St. NE      Salem, OR

Hearing Officer: Randy Henry

Stat. Auth.: ORS 704.025 & 8730.110

Stats. Implemented: ORS 704.500, 830.420 & 830.435

Proposed Adoptions: Rules in 250-015

Proposed Amendments: Rules in 250-015

Proposed Repeals: Rules in 250-015

Last Date for Comment: 1-7-14, Close of Hearing

Summary: The proposed rule amendments will update definitions, eliminate statutory language duplicity, remove state-specific carriage requirements and establish consistency with US Coast Guard license requirements in compliance with the 2013 Oregon Legislative Session, Senate Bill 25.

Rules Coordinator: June LeTarte

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

Telephone: (503) 378-2617


Parks and Recreation Department, Chapter 736

Rule Caption: Prohibits smoking of tobacco products in State Parks

Date:   Time:   Location:

1-7-14 , 7 p.m. Josephine Community Library, 200 NW C St., Grants Pass, OR 97526

1-9-14, 7 p.m. Champoeg State Heritage Area, Visitor Center, 8239 Champoeg Rd. NE, St. Paul OR 97137

1-14-14, 7 p.m. Bend Park & Recreation Office, Riverbend Community Rm., 799 SW Columbia St., Bend OR 97702

1-16-14, 7 p.m. Newport Recreation Center, 225 Avery St. SE, Newport, OR 97365

Hearing Officer: Staff

Stat. Auth.: ORS 390.124

Stats. Implemented: ORS 390.111; ORS 390.121; ORS 390.124

Proposed Amendments: 736-010-0015, 736-010-0020, 736-010-0022, 736-010-0040, 736-010-0050, 736-010-0055

Last Date for Comment: 1-10-14, 5 p.m.

Summary: Smoking is currently banned in public buildings on lands managed by the Oregon Parks and Recreation Department in accordance with the Oregon Indoor Clean Air Act, ORS 433.835 to 433.875. In order to further protect park resources and promote healthy lifestyles this rule revision will extend the smoking ban to park lands, including but not limited to trails, developed day use areas, waysides, park roadways and common areas of campgrounds. Smoking would be allowed in: personal vehicles and camping units; designated campsites in developed overnight camping areas; and where permitted by the park manager for traditional ceremonies in accordance with the American Indian Religious Freedom Act.

   *Those who wish to make public comment must register with the hearing officer by 7:30 p.m. on the scheduled hearing date.

Rules Coordinator: Vanessa DeMoe

Address: Parks and Recreation Department, 725 Summer St. NE, Suite C, Salem, OR 97301

Telephone: (503) 986-0719


Public Utility Commission, Chapter 860

Rule Caption: In the Matter of Amendments to OAR 860-001-0310 Agency Representation by Officer or Employee.

Stat. Auth.: ORS 756.040, 756.060

Stats. Implemented: ORS 183.452–183.458, 756.040, 756.600–756.575

Proposed Amendments: 860-001-0310

Last Date for Comment: 12-23-13, 5 p.m.

Summary: On October 16, 2013, the Attorney General reauthorized PUC agency representatives to appear on its behalf in hearings on actions initiated by the Commission (a) to recover (A) telecommunications assistive devices, (B) the value of devices which the recipients fail to return, or (C) the cost of repairing the equipment which the recipient returned damaged; and (b) in denial or termination of Oregon Telephone Assistance Program benefits. The Attorney General reauthorization required that the PUC make changes, as proposed in this rulemaking, to its administrative rule regarding representation at hearing by an officer or employee.

   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 576 on comments and file them by e-mail to the Commission’s Filing Center at PUC.FilingCenter@state.or.us and also send a signed paper copy to the Filing Center at PO Box 1088, Salem, Oregon 97308-1088. For more information about the Commission's Filing Center, please see http://apps.puc.state.or.us/edockets/center.htm. Interested persons may review all filings online at http://apps.puc.state.or.us/edockets/docket.asp?DocketID=18635. For guidelines on filing and participation, please see OAR 860-001-0140 through 860-001-0160 and 860-001-0200 through 860-001-0250 found online at http://arcweb.sos.state.or.us/pages/rules/oars_800/oar_860/860_001.html.

Rules Coordinator: Diane Davis

Address: Public Utility Commission of Oregon, PO Box 1088, Salem, OR 97308-1088

Telephone: (503) 378-4372


Secretary of State, Audits Division, Chapter 162

Rule Caption: Update Minimum Standards for Audits of Oregon Municipal Corporations to reflect changes in professional standards

Stat. Auth.: ORS 297

Stats. Implemented: ORS 297.465

Proposed Amendments: 162-010-0000, 162-010-0010, 162-010-0020, 162-010-0030, 162-010-0050, 162-010-0115, 162-010-0120, 162-010-0140, 162-010-0190, 162-010-0200, 162-010-0230, 162-010-0260

Proposed Repeals: 162-010-0160, 162-010-0170

Last Date for Comment: 12-30-13, Close of Business

Summary: (1) Amend definitions to address terms and language in rules.

   (2) Amend rules for outdated and clarifying language to bring rules up to date.

   (3) Amend rules for minor edits.

   (4) Repeal OAR 162-010-0160 — Duplicates information required for audits by professional standards.

   (5) Repeal OAR 162-010-0170 — Duplicates information required for audits by professional standards.

Rules Coordinator: Julie A. Sparks

Address: Secretary of State, Audits Division, 255 Capitol St. NE, Suite 500, Salem, OR 97310

Telephone: (503) 986-2262


Secretary of State, Elections Division, Chapter 165

Rule Caption: Clarifies method of filing exceptions to proposed orders

Stat. Auth.: ORS 246.150

Stats. Implemented: ORS 260.232 & 260.995

Proposed Amendments: 165-001-0050

Last Date for Comment: 12-27-13, Close of Business

Summary: This rule is a proposed amendment to clarify procedure for filing exceptions to a proposed order.

Rules Coordinator: Brenda Bayes

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

Telephone: (503) 986-1518


Rule Caption: Adopts 2014 Campaign Finance Manual and amends process for administratively discontinuing a political committee

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

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

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

Last Date for Comment: 12-27-13 Close of Business

Summary: 165-012-0005: This rule adopts the 2014 Campaign Finance Manual and associated forms to comply with changes made by the 2013 Legislative Assembly.

   To request a copy of the draft 2014 Campaign Finance Manual please contact Summer Davis, Compliance Specialist, phone 503-986-1518; fax 503-373-7414; or e-mail summer.s.davis@state.or.us

   165-012-0240: This rule raises the amount of money a committee’s ending cash balance can have in order to be administratively discontinued from $3,000 to $3,500, in addition to other non-substantive grammatical changes.

Rules Coordinator: Brenda Bayes

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

Telephone: (503) 986-1518


Rule Caption: Removes References to Spot Checks from the Penalty Matrix for Other Campaign Finance Violations

Stat. Auth.: ORS 246.150 & 260.200

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

Proposed Amendments: 165-013-0010

Last Date for Comment: 12-27-13, Close of Business

Summary: This proposed rule amendment removes references to “spot checks”, which were eliminated by the 2013 Legislative Assembly.

Rules Coordinator: Brenda Bayes

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

Telephone: (503) 986-1518


Rule Caption: Updating Candidate and Minor Party Manuals and Proposes for Repeal Write-In Acceptance Form

Stat. Auth.: ORS 246.150 & 249.009

Stats. Implemented: ORS 249.009

Proposed Amendments: 165-010-0005

Proposed Repeals: 165-010-0080

Last Date for Comment: 12-27-13, Close of Business

Summary: 165-010-0005 — This rule adopts the 2014 Candidates Manual and associated forms to comply with changes made by the 2013 Legislative Assembly. In addition this rule designates the 2014 Minor Political Party Manual as the procedures and forms to be used to form a Minor Political Party and nominate candidates for elective office.

   To request a copy of the draft 2014 Candidates Manual or 2014 Minor Political Party Manual please contact Summer Davis, Compliance Specialist, phone 503-986-1518; fax 503-373-7414; or e-mail summer.s.davis@state.or.us

   165-010-0080 — This rule is proposed for repeal because the form and associated process are included in the 2014 Candidates Manual.

Rules Coordinator: Brenda Bayes

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

Telephone: (503) 986-1518


Rule Caption: Adopts the 2014 Initiative and Referendum Manuals, Recall Manual and Referral Manual

Stat. Auth.: ORS 246.150 & 250.015

Stats. Implemented: ORS 250.015

Proposed Amendments: 165-014-0005

Last Date for Comment: 12-27-13, Close of Business

Summary: This proposed rule amendment designates the 2014 State Initiative and Referendum Manual; 2014 Recall Manual; and the 2014 County, City and District Initiative and Referendum Manual and associated forms as the procedures and forms to be used for the initiative, referendum and recall processes. In addition this proposed rule amendment designates the 2014 County, City and District Referral Manual to be used for the local referral process.

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

Rules Coordinator: Brenda Bayes

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

Telephone: (503) 986-1518


Rule Caption: Propose for Repeal Notice of Local Measure Election Forms

Stat. Auth.: ORS 246.150

Stats. Implemented: ORS 250.175, 250.275, 250.285, 254.095, 254.103, 255.085 & 255.145

Proposed Repeals: 165-020-0025

Last Date for Comment: 12-27-13, Close of Business

Summary: This rule is proposed for repeal because the SEL 801, SEL 802 and SEL 803 Notices of Measure Election for county, city and districts are included in the 2014 Referral Manual adopted by OAR 165-014-0005.

Rules Coordinator: Brenda Bayes

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

Telephone: (503) 986-1518


Teacher Standards and Practices Commission, Chapter 584

Rule Caption: Amends licensure, accreditation and professional practices rules of the Commission.

Stat. Auth.: ORS 342

Stats. Implemented: ORS 342.120–342.143, 342.153, 342.165 & 342.223–342.232

Proposed Adoptions: 584-066-0015

Proposed Amendments: 584-018-0125, 584-020-0040, 584-036-0070, 584-050-0030, 584-050-0060, 584-050-0066, 584-060-0012, 584-060-0051, 584-060-0014, 584-060-0051, 584-060-0052, 548-60-0200, 584-070-0211, 584-070-0271, 584-080-0012, 584-080-0022

Last Date for Comment: 3-6-14, 12 p.m.

Summary: Removes multiple subjects tests for middle school grade authorizations; removes obsolete and incorrect language; establishes Military Spouse expedited service; updates professional practices rules with new statutes; amends professional conduct standards.

Rules Coordinator: Victoria Chamberlain

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

Telephone: (503) 378-6813

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2012.

2.) Copyright 2013 Oregon Secretary of State: Terms and Conditions of Use

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

© 2013 State of Oregon All Rights Reserved​