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Oregon Bulletin

January 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 Architect Examiners, Chapter 806

Rule Caption: Prorates fee for 2013 and 2014 architect registration renewals to coincide with longer renewal cycle.

Date: Time: Location:

1-31-13  9:30 a.m. OBAE Offices  205 Liberty St. NE, Suite A  Salem, OR 97301

Hearing Officer: James Denno

Stat. Auth.: ORS 671.125

Stats. Implemented: ORS 671.085

Proposed Amendments: 806-010-0105

Last Date for Comment: 1-31-13, 4:30 p.m.

Summary: Proposed changes to rule to prorate the fee for renewal of registration during the 2013 and 2014 renewal cycles which lengthen the renewal period by 6 months in order to transition the renewal cycle from a fiscal to calendar year cycle. The fee will be $250 in each of these two renewal cycles instead of $200, and the renewal will be good for 2 1/2 years instead of 2 years. Subsequent renewals will be for 2 calendar years at existing fee.

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 Speech-Language Pathology and Audiology, Chapter 335

Rule Caption: Revises professional development (PD) requirements for new applicants, reactivating and renewing licensees; other miscellaneous updates.

Date: Time: Location:

1-30-13  4:30 p.m. 800 NE Oregon St.  Conference Rm. 445  Portland, OR 97232

Hearing Officer: Sandy Leybold

Stat. Auth.: ORS 681

Stats. Implemented: ORS 681.250, 681.264, 681.270, 681.290, 681.325, 681.330, 681.340 & 681.360

Proposed Amendments: 335-005-0020, 335-060-0005, 335-060-0006, 335-060-0007, 335-060-0010, 335-070-0020, 335-070-0040, 335-070-0050, 335-070-0080, 335-080-0005, 335-080-0010, 335-080-0015, 335-080-0025, 335-095-0030

Proposed Repeals: 335-070-0010, 335-070-0030, 335-070-0055, 335-070-0060, 335-070-0065, 335-070-0070, 335-070-0075, 335-070-0085

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

Summary: • Requires licensees to provide current email address and proof of legal and professional names used.

 • Modifies professional development (PD) and English language proficiency requirements for applicants for licensure.

 • Clarifies accepted PD activities, topics, and providers/sponsors, and those requiring special approval.

 • Requires licensees switching to inactive status during the licensing period to report PD as for an active license renewal.

 • Changes and simplifies PD requirements for reactivation of inactive and expired licenses.

 • Streamlines PD rules for brevity and clarity.

 • Specifies requirements for renewing conditional licenses that have previously been agency policy.

 • Reinforces circumstances in which a conditional license is required.

 • Clarifies requirement for Competency Checklist for speech-language pathology assistant (SLPA) certification.

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 Psychologist Examiners, Chapter 858

Rule Caption: Modifies requirements for licensure by endorsement, education and exam; clarifies criteria for complaint rejection.

Stat. Auth.: ORS 675.010–675.150

Stats. Implemented: ORS 675.030, 675.045, 675.050, 675.063, 675.070 & 675.110

Proposed Amendments: 858-010-0010, 858-010-0015, 858-010-0016, 858-010-0017, 858-010-0030, 858-020-0025

Proposed Repeals: 858-010-0010(T), 858-010-0015(T), 858-010-0016(T), 858-010-0017(T), 858-010-0030(T), 858-020-0025(T)

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

Summary: Modifies the core and clinical coursework content areas and adds a requirement for a minimum number of graded courses to the clinical psychology educational requirements for licensure as a psychologist for applicants who possess a doctoral degree from a regionally accredited, provincially chartered, or foreign program. Also allows these and psychologist associate applicants to complete limited coursework outside of their degree-granting program if the applicant’s degree-granting program was deficient in required content areas. Modifies the requirements for licensure by endorsement and no longer requires applicants who have maintained an active psychologist license for 15 years or more to fulfill the EPPP exam requirement. Also clarifies the licensure by endorsement and standard application procedures. Establishes when a candidate for licensure must retake the jurisprudence exam. Clarifies the criteria used to reject a complaint filed with the Board.

Rules Coordinator: LaReé Felton

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

Telephone: (503) 373-1196


Department of Agriculture, Chapter 603

Rule Caption: Expansion of the Sudden Oak Death Quarantine Boundary in Curry County, Oregon.

Date: Time: Location:

1-24-13  7 p.m. Chetco Library Meeting Rm.  405 Alder  Brookings, OR

Hearing Officer: Eric Reusche

Stat. Auth.: ORS 561.510 & 561.540

Other Auth.: ORS 561.190

Stats. Implemented: ORS 561.510

Proposed Amendments: 603-052-1230

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

Summary: Phytophthora ramorum (sudden oak death) has been found outside the current boundary in SW Curry County, Oregon. The proposed amendment would expand the quarantine to include the newly discovered infested sites east and southeast of the current quarantine boundary plus a buffer area of approximately three miles. The provisions of the quarantine would not change, but the proposal would clarify the definition of “disease-free area” and a new federal order for infected nurseries would be referenced.

Rules Coordinator: Sue Gooch

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

Telephone: (503) 986-4583


 

Rule Caption: Designates and explains general production and restricted districts for Brassica spp. (includes rapeseed/canola) production.

Date: Time: Location:

1-23-13  9 a.m. Cascade Hall   Oregon State Fairgrounds  2330 17th St. NE  Salem, OR 97301

Hearing Officer: Casaria Taylor

Stat. Auth.: ORS 561.190, 561.510–561.600, 570.305, 570.405, 540.410–540.415 & 570.450

Other Auth.: ORS 561.280

Stats. Implemented: ORS 570.405–570.415 & 570.450

Proposed Adoptions: 603-052-0861, 603-052-0862, 603-052-0882, 603-052-0884, 603-052-0886, 603-052-0888, 603-052-0901, 603-052-0921

Proposed Amendments: 603-052-0860, 603-052-0870, 603-052-0880

Proposed Repeals: 603-052-0850, 603-052-0852

Last Date for Comment: 1-25-13, 5 p.m.

Summary: The rules define control areas for Brassica spp. including rapeseed and provide regulations that will be applicable to the seeding and growing of rapeseed for any purpose in a general production area and protected districts. The rules are designed to promote a farmers’ right to grow their choice of product while balancing potential conflicts that may emerge with other producers because of cross-pollination, disease, pests, and volunteer plants. The rules designate areas of Oregon that will be classified as protected districts; Brassica spp. production will be restricted by rules that are specific to each protected district. All land not in a protected district will be regulated as general production area.

 Brassica spp. require special care and isolation when grown in the same area. Oregon has four protected districts. The Willamette Valley Protected District consists of a rectangle beginning at the northwest corner of Township 1N, Range 6W and proceeding east to the northeast corner of Township 1N, Range 2E, then south to the southeast corner of Township 19S, Range 2E, then west to the southwest corner of Township 19S, Range 6W, then north to the starting point. Best Management Practices for all Brassica spp. must be followed in the Willamette Valley Protected District. These include methods to minimize plant disease, pests and volunteer plants. Cover crops and forage crops are allowed if they are not allowed to flower. Any production of rapeseed will require a production contract, variance, or a research permit. Any rapeseed production will be isolated from specialty seed crops by at least three miles, and will be identified in the Willamette Valley Specialty Seed Association pinning, isolation, and priority system.

  The Central Oregon Protected District consists of Crook, Deschutes, and Jefferson counties. Rapeseed production will require a research permit. Rapeseed fields must be isolated by at least three miles, and the location must be recorded at the the appropriate Oregon State University County Extension office. Farming practices must manage plant disease, pests, and volunteer plants.

  The Northeast Oregon Protected District consists of Baker, Union, and Wallowa counties, except for the following part of Wallowa County, which is designated as a general production area: Township 4N, Range 43E; Township 4N Range 44E; Township 4N, Range 45E; Township 5N, Range 43E; Township 5N, Range 44E; and Township 5N, Range 45E; and the portions of Township 6N, Range 43E; Township 6N, Range 44E; and Township 6N, Range 45E that are located within Oregon’s borders. Rapeseed production is allowed, but is subject to certain requirements. The required isolation distance will be at least two miles, and all fields must be recorded at the appropriate Oregon State University County Extension Office. Farming practices must manage plant disease, pests, and volunteer plants.

 The Malheaur/Idaho Protected District consists of a 3-mile wide strip of land along the Idaho border from the point where Payette County, Idaho’s northern border intersects Malheur County’s eastern border, south to the point where Highway 95 crosses the Oregon border. Rapeseed is prohibited in the Malheur/Idaho Protected District.

 Production contracts for rapeseed production in the Willamette Valley Protected District may be entered into with Oregon Department of Agriculture (ODA). Variances in the Willamette Valley may be obtained from ODA. Research permits may be issued by ODA if an accredited university is involved. ODA will maintain specified records of rapeseed fields. ODA has the authority to seek injunctive relief and seek summary destruction of any Brassica spp. that violates any rules or the terms of a production contract, variance, or research permit.

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, Oregon Occupational Safety and Health Division, Chapter 437

Rule Caption: Proposed changes to personal protective equipment (PPE) in construction, and hole openings/skylights in general industry.

Date: Time: Location:

1-24-13  1 p.m. Oregon OSHA, Red Oaks Square  1230 NE Third St., Suite A-115  Bend, OR 97701-4374

1-29-13 9:30 a.m. Oregon OSHA  1750 NW Naito Pkwy., Suite 112  Portland, OR 97209-2533

1-31-13 9:30 a.m. Labor & Industries Bldg.***  2nd Floor - Conference Rm. 260  350 Winter St. NE   Salem, OR 97301

Hearing Officer: Sue Joye

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

Stats. Implemented: ORS 654.001–654.295

Proposed Adoptions: 437-002-0023, 437-003-0134

Proposed Amendments: 437-002-0020, 437-002-0134, 437-003-0001

Proposed Repeals: 437-003-0128

Last Date for Comment: 2-6-13, Close of Business

Summary: ***NOTE: The January 31, 2013 hearing will be video streamed. This is not interactive; view and audio only. Please check Oregon OSHA’s web site www.orosha.org (when it is close to the hearing date) for the link to watch this hearing on January 31, 2013.

 Personal Protective Equipment in Construction:

 Oregon OSHA is proposing to revise the personal protective equipment (PPE) sections of its construction standards regarding requirements for eye and face protective devices, head protection, foot protection, extremities and torso to include protective clothing, respiratory devices, and protective shields and barriers.

 Oregon OSHA updated the Division 2, subdivision I, Personal Protective Equipment references in its regulations on December 8, 2011. The update referenced more recent editions of applicable national consensus standards and removed requirements that employers prepare and maintain written training certification records. Oregon OSHA repealed all of Division 2/I rules with some exceptions and replaced them with a new Oregon initiated rule, 437-002-0134 Personal Protective Equipment, that includes sections covering the scope/application, hazard assessment, equipment, training, payment, fall protection, clothing, high visibility garments, and eye, head, foot, leg, hand and skin protection.

 The change was mostly a format change that simplified the existing text while making little change to the overall rule requirements with a few exceptions. Oregon OSHA modified the hazard assessment requirement to clarify that employers must identify hazards to the entire body, including the torso and extremities, when performing the assessment. The assessment previously was limited to head, hands, eyes and face and foot protection.

 We are proposing to remove the current PPE requirements in various locations of the construction standard and replace them with the same requirements that are in General Industry standards of Division 2, Subdivision I. These requirements (with the exception of a written assessment certification) will be substantially similar allowing for greater consistency in construction and general Industry.

 The design requirements for eye and face-protective devices, head protection, and foot protection are currently the same in Division 2 General Industry, Shipyard Employment, Marine Terminals, Longshoring and Division 3 Construction. These revisions are a continuation of Oregon OSHA’s effort to update or remove references to specific consensus and industry standards located throughout its standards.

 Personal Protective Equipment in General Industry:

 Oregon OSHA will also amend the general industry PPE rule 437-002-0134, to include ANSI Z89.1-2009, American National Standard for Industrial Head Protection, as another option of compliance, as published in the June 22, 2012 Federal Register. http://www.osha.gov/FedReg_osha_pdf/FED20120622A.pdf

 Hole Openings (including skylights) in General Industry:

 Oregon OSHA is also proposing a change to the hole covering requirements for holes in floors, roofs, and other walking/working surfaces (to include skylights and skylight screens). Currently employers in construction and general industry have different hole cover strength criteria. To eliminate the confusion or inconsistencies, Oregon OSHA will change the general industry requirements to be the same as the construction requirements as referenced in the Federal OSHA proposal for walking working surfaces and personal protective equipment (fall protection) found in the May 24. 2010 Federal Register http://www.osha.gov/FedReg_osha_pdf/FED20100524.pdf .

 Please visit our web site www.orosha.org

 Click ‘Rules/Compliance’ in the left vertical column and view our proposed, adopted, and final rules.

 Rules Coordinator: Sue C. Joye

Address: Department of Consumer and Business Services, Oregon Occupational Safety and Health Division, 350 Winter St. NE , Salem, OR 97301-3882

Telephone: (503) 947-7449


Rule Caption: Proposed changes in general industry with small capacity cranes standard.

Date: Time: Location:

1-24-13  1 p.m. OR OSHA Red Oaks Square  1230 NE Third St., Suite A-115  Bend, OR 97702-4374

1-29-13 9:30 a.m. OR OSHA  1750 NW Naito Pkwy., Suite 112  Portland, OR 97209-2533

1-31-13 9:30 a.m. Labor & Industries Bldg.*  Second Floor - Rm. 260  350 Winter St. NE  Salem, OR 97301

Hearing Officer: Sue Joye

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

Stats. Implemented: ORS 654.001–654.295

Proposed Adoptions: 437-002-0231

Last Date for Comment: 2-21-13, Close of Business

Summary: Note to hearings: All three hearings listed in this notice will start at the conclusion of Oregon OSHA’s public hearing concerning changes to Personal Protective Equipment (PPE) in construction.

 *This hearing will be video streamed. This is not interactive; view and audio only. Please check Oregon OSHA’s web site www.orosha.org (when it is close to the hearing date) for the link to watch this hearing on January 31, 2013.

 Oregon OSHA was approached initially by industry representatives from National Electrical Contractors Association (NECA) and the International Brotherhood of Electrical Workers (IBEW) concerning the February 9, 2011 adopted changes to the Cranes and Derricks in Construction (subdivision CC) standard.

 They wanted to discuss the impact on their industry’s digger derrick operations in relationship to the Edison Electric Institute (EEI) vs. the Occupational Safety and Health Administration and Secretary of Labor (OSHA), No. 10-1311 (D.C. Circuit) lawsuit which challenged various aspects of OSHA’s final rule, Cranes and Derricks in Construction (Subdivision CC). The final outcome was a settlement agreement, essentially allowing any digger derrick work subject to subdivision V of Division 3 Construction (1926) an expanded exemption, essentially a removal from coverage under subpart CC.

 The NECA/IBEW representatives wanted Oregon OSHA to explore the idea of alternative operator training for not only digger derricks but also small capacity cranes commonly used within the electrical industry. Oregon OSHA was also approached by city and county employers, water districts, sign companies and employers that manufacturer and deliver goods such as pre-cast concrete about potential operator certification options. A majority of these employers will use these mobile cranes for a variety of purposes including systems maintenance, and less frequently in conjunction with construction activities. In addition, small capacity mobile cranes have allowed employers to create a safer work environment from an ergonomic standpoint.

 Oregon OSHA agreed to consider an alternative operator training rule. The rule would be an additional crane operator training requirement in the General Occupation Safety and Health, Division 2 rules. The rule would require all employers having mobile operations that use small capacity mobile cranes (more than one ton and less than 20 ton) comply with this new training requirement or those rules for operator qualification or certification found in 1926.1427, Division 3 subdivision CC. The rule would also be available and accepted as an alternative to operator qualifications required in the construction rule subdivision CC. The additional option would allow those operators who use mobile cranes as a part of a normal maintenance, delivery or general industry application to comply with the subdivision CC rules found 1926.1427 when there is a crossover to a construction activity when using the same crane for both activities. Oregon OSHA will add a note in Division 3/CC, 1926.1427, informing the reader of the additional Oregon option in Division 2/N, 437-002-0231.

 Oregon OSHA put together an advisory group that helped develop this proposal for employer groups that use mobile cranes in construction and maintenance activities. These employers are aware of the requirements for crane operator qualification or certification that take effect November 10, 2014 for construction activities. Some advisory group members began using national programs such as National Commission for the Certification of Crane Operators (NCCCO) to certify their operators. They reported that even experienced operators are having difficulty passing the practical test and that the failure rate and added expense (due to failure) was becoming more common whether experienced or not. The consensus amongst the advisory group was that most employees operate smaller cranes and the practical test given at the regional training locations were on larger, up to, 50 ton cranes. The cranes being used for testing vary in size dependent on the venue and information give to the testing agency at the time of intake. The cranes used for certification are not the types of cranes the employees actually use daily, which potentially contributed to a higher failure rate.

 The reason Oregon OSHA considered this rule is that requiring situational-appropriate training will provide greater and more effective protection to the workers involved in the crane operations. The requirement to receive testing and training on the actual crane that they will operate will allow them to be better trained and likely accomplish the tasks safer than they would if Oregon OSHA simply applies a general rule.

 Please visit our web site www.orosha.org

 Click ‘Rules’ in the left vertical column and view our proposed, adopted, and final rules.

Rules Coordinator: Sue C. Joye

Address: Department of Consumer and Business Services, Oregon Occupational Safety and Health Division, 350 Winter St. NE , Salem, OR 97301-3882

Telephone: (503) 947-7449


 

Rule Caption: Propose to adopt federal OSHA changes in construction to demolition, underground construction, and digger derricks.

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

Stats. Implemented: ORS 654.001–654.295

Proposed Amendments: 437-003-0001

Last Date for Comment: 2-6-13, Close of Business

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

 Oregon OSHA is proposing to amend 1926.800 as published in the August 17, 2012 Federal Register. This will bring all crane and derrick use in construction work under one subdivision CC, and it will correct the technical errors in the previous rule that substantively altered the demolition and underground construction provisions, and replace subparagraphs 1926.800(t)(1) through (4). The revisions made by this proposed rule will enable Oregon OSHA to cover all cranes and derricks used in construction under subpart CC. These proposed revisions implement the original purpose of the rule and will benefit both employees and employers. Also, in this Federal Register are reference changes to 1926.856 and 1926.858; and will remove subdivision DD.

 Oregon OSHA is proposing to make the amendments published in the November 9, 2012 Federal Register, in 1926.1400 to broaden the exemption for digger derricks. Oregon OSHA is following Federal OSHA in revising the exemption in 1926.1400(c)(4) to include within the exemption “any other work subject to subdivision V of Division 3.” This revision expands the exemption to remove from coverage under subpart CC the types of non-pole, digger-derrick work. Also, 1926.952 will be amended with a reference change to 1926.1400(c)(4).

 Oregon OSHA proposes to make these amendments in construction.

 Please visit our web site www.orosha.org

 Click ‘Rules’ in the left vertical column and view our proposed, adopted, and final rules.

Rules Coordinator: Sue C. Joye

Address: Department of Consumer and Business Services, Oregon Occupational Safety and Health Division, 350 Winter St. NE , Salem, OR 97301-3882

Telephone: (503) 947-7449


Department of Environmental Quality, Chapter 340

Rule Caption: Conversion technology and anaerobic digestion facility performance standards and solid waste permit requirements.

Date: Time: Location:

1-16-13  2 p.m. DEQ Headquarters, Rm. EQC-A  811 SW 6th Ave., 10th Floor  Portland, OR 97204

Hearing Officer: DEQ staff

Stat. Auth.: ORS 459.005–459.418, 459.785, 459A.025, 459A.100, 459A.115, 459A.120, 468.020 &468.065

Stats. Implemented: ORS 459.005, 459.015, 459.045, 459.205, 459.215, 459.225, 459.235, 459.236, 459.245, 459.248, 459.255, 459.268, 459.272, 459.705, 459.708, 459.710, 457.715, 459.720, 459.755, 459A, 459A.110 & 459A.115

Proposed Adoptions: 340-096-0160, 340-096-0170, 340-096-0180, 340-096-0190, 340-096-0200

Proposed Amendments: 340-064-0015, 340-064-0022, 340-064-0035, 340-064-0055, 340-093-0030, 340-093-0050, 340-093-0070, 340-093-0105, 340-093-0110, 340-093-0115, 340-095-0090, 340-095-0095, 340-096-0001, 340-096-0010, 340-096-0040, 340-096-0060, 340-096-0070, 340-096-0080, 340-096-0090, 340-096-0100, 340-096-0110, 340-096-0120, 340-096-0130, 340-096-0140, 340-096-0150, 340-097-0001, 340-097-0110, 340-097-0120

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

Summary: This rulemaking would establish performance standards and solid waste permit requirements for conversion technology facilities and anaerobic digestion facilities to: 1) protect the environment, 2) establish appropriate permitting requirements for anaerobic digestion and conversion technology facilities, 3) establish appropriate fee schedules for anaerobic digestion facilities and the new conversion technology facility permit category and 4) provide regulatory certainty for emerging technology providers and DEQ staff. This rulemaking also proposes changes to existing Oregon rules that include grammar and rule reference corrections to solid waste and waste tire rules, exempt certain low-risk facilities from solid waste disposal permit requirements, and make clarifying adjustments to composting rules.

Rules Coordinator: Maggie Vandehey

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

Telephone: (503) 229-6878


Department of Forestry, Chapter 629

Rule Caption: Amends the Forest Land Management Classification System (FLMCS) Administrative Rule.

Date: Time: Location:

3-12-13  6 p.m. Cannon Beach Chamber of   Commerce, Community Hall  207 North Spruce  Cannon Beach, OR 97110

3-13-13 6 p.m. Hillsboro Main Library  2850 NE Brookwood Pkwy.  Hillsboro, OR 97124

Hearing Officer: John Barnes

Stat. Auth.: ORS 526.016(4)

Other Auth.: ORS 526.041, 530.490 & OAR 629-035-0050

Stats. Implemented: ORS 530.050 & 530.500

Proposed Amendments: 629-035-0055

Last Date for Comment: 4-5-13, 5 p.m.

Summary: This proposed rule amendment will establish two new land management classifications for the purposes of highlighting the visibility of areas managed for conservation values when mapping the strategies set forth in approved forest management plans. Copies of the proposed rule amendments may be viewed on the Department’s web page at: http://www.oregon.gov/odf/Pages/lawsrules.aspx#Proposed_Rules or at the office of the State Forester, and are available upon request. Other documents related to the proposed rule amendment include minutes and supporting meeting materials, including audio transcripts, for the Oregon Board of Forestry meetings from March 2011 through November 2012. Those materials are available through the Board of Forestry website: www.oregonforestry.gov.

 Written comments must be received by 5:00 p.m. on April 5, 2013. Submissions should be addressed to: State Forests Policy and Planning Specialist, Oregon Department of Forestry, 2600 State Street, OR 97310; or sent to ODFStateForestsComments@odf.state.or.us, or via FAX 503-945-7376.

 Comments received by 5:00 p.m. on April 5, 2013 will be compiled by theme. Department of Forestry staff will respond to the comments and present the information to the Board of Forestry for its consideration in deciding whether to approve the amended rule. The date of proposed adoption of the amended rule by the Board of Forestry will be announced in the Secretary of State’s Oregon Bulletin. The Department anticipates the Board of Forestry will have an opportunity to do so in June 2013. Production of revised FLMCS maps will occur within 12 months following rule adoption.

Rules Coordinator: Sabrina Perez

Address: Department of Forestry, 2600 State St., Salem, OR 97310

Telephone: (503) 945-7210


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

Rule Caption: Long Term Care Community Nursing Services.

Date: Time: Location:

1-16-13  2:30 p.m. 500 Summer St. NE, Rm. 160  Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 410.070

Stats. Implemented: ORS 410.070

Proposed Adoptions: 411-048-0150, 411-048-0160, 411-048-0170, 411-048-0180, 411-048-0190, 411-048-0200, 411-048-0210, 411-048-0220, 411-048-0230, 411-048-0240, 411-048-0250

Proposed Repeals: 411-048-0000, 411-048-0010, 411-048-0020, 411-048-0030, 411-048-0040, 411-048-0050, 411-048-0060, 411-048-0070, 411-048-0080, 411-048-0100, 411-048-0120, 411-048-0130

Last Date for Comment: 1-22-13, 9 a.m.

Summary: The Department of Human Services (Department) is proposing to replace the contract registered nursing service rules in OAR chapter 411, division 048 with rules for long term care community nursing services.

 The proposed rules establish standards and procedures for Medicaid enrolled providers who provide long term care community nursing services. Long term care community nursing services provide ongoing registered nurse (RN) services to eligible individuals who are receiving Medicaid funded home and community based waivered services in a home based or foster home setting.

Rules Coordinator: Christina Hartman

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

Telephone: (503) 945-6398


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

Rule Caption: Modify reporting requirements for compliance with Oregon’s Community Right to Know Program.

Date: Time: Location:

1-24-13  1:30 p.m. 4760 Portland Rd. NE  Salem, OR 97305

Hearing Officer: Mariana Ruiz-Temple

Stat. Auth.: ORS 453.367

Stats. Implemented: ORS 453.307–453.414

Proposed Amendments: 837-085-0040, 837-085-0070, 837-085-0080

Last Date for Comment: 1-24-13. 12 p.m.

Summary: This rule is being modified to raise the minimum reporting requirements for the majority of hazardous substances (generally and minimally hazardous), and to raise the minimum reporting requirements of gasoline and diesel at retail gas stations.

Rules Coordinator: Connie Dalke

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: Remove “comments” from mandatory disqualifier language.

Stat. Auth.: ORS 181.640, 181.661, 181.662, 181.664 & 183.341

Stats. Implemented: ORS 181.640, 181.661, 181.662 & 181.664

Proposed Amendments: 259-008-0070

Proposed Repeals: 259-008-0070(T)

Last Date for Comment: 1-21-13, Close of Business

Summary: A number of questions have been raised about the intent of the “comment” language found in this rule. The comments were adopted with a goal of adding clarity, but have instead created confusion in the legal interpretation of the rules. It is the recommendation of legal counsel to remove the comments from the mandatory disqualifier language.

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: Repeal rule division outlining unfunded reimbursement program.

Stat. Auth.: ORS 181.655

Stats. Implemented: ORS 181.655

Proposed Repeals: Rules in 259-015, 259-015-0000, 259-015-0005, 259-015-0010

Last Date for Comment: 1-21-13, Close of Business

Summary: ORS 181.655 allows for DPSST, through the Board, to offer reimbursement to agencies to help defray the cost of training officers. While the requirement remains in statute, the program has not been funded for decades. Because the program will continue to be unfunded, these rules are being repealed to eliminate constituent confusion.

Rules Coordinator: Linsay Hale

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

Telephone: (503) 378-2431


 

Rule Caption: Remove outdated references to supervisory and middle management training.

Stat. Auth.: ORS 181.640

Stats. Implemented: ORS 181.640

Proposed Amendments: 259-012-0005

Last Date for Comment: 1-21-13, Close of Business

Summary: Due primarily to budget reductions, DPSST no longer offers courses for supervisory or middle management certification levels. This rule update removes the outdated references to the Supervisory and Middle Management training.

Rules Coordinator: Linsay Hale

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

Telephone: (503) 378-2431


Department of Transportation, Chapter 731

Rule Caption: Modifies provisions for submission of unsolicited proposals to the Oregon Innovative Partnerships Program.

Stat. Auth.: ORS 184.616, 184.619 & 367.824

Stats. Implemented: ORS 367.800–367.826

Proposed Amendments: 731-070-0050

Last Date for Comment: 1-21-13, Close of Business

Summary: OARs 731-070-0050 through 731-070-0230 govern the process by which private entities or units of government may submit unsolicited proposals for transportation projects under the Oregon Innovative Partnerships Program (OIPP). Recent experience has revealed that when an unsolicited proposal is submitted on a project that has progressed considerably through ODOT’s project development process, it can be disruptive and expensive to change course mid-stream. ODOT seeks to restrict submission of unsolicited proposals in certain circumstances.

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

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171


Land Conservation and Development Department, Chapter 660

Rule Caption: Designate areas and establish regulatory standards for marine renewable energy development within the territorial sea.

Date: Time: Location:

1-22-13  4 p.m. Newport City Library  35 Nye St.  Newport, OR

1-24-13 8 a.m. DLCD Basement Hearing Rm.  635 Capitol St., NE  Salem, OR

Hearing Officer: Matt Spangler; LCDC

Stat. Auth.: ORS 197.040

Other Auth.: Statewide Planning Goal 4 (OAR 660-015-0000(4))

Stats. Implemented: ORS 196.471, 197.010 & 215.700–215.799

Proposed Amendments: Rules in 660-036

Last Date for Comment: 1-24-13, Close of Hearing

Summary: The proposed rule amendment will adopt by reference amendments to the Territorial Sea Plan authorized by ORS 196.443. ORS 196.471 requires the Land Conservation and Development Commission to review such amendments to the Territorial Sea Plan and, upon making of findings, adopt the amendments as part of the Oregon Coastal Management Program. The amendment will revise the Territorial Sea Plan Part Five by incorporating maps that designate areas where marine renewable energy development may be sited and the standards and review criteria that would be applied by state agencies for conducting their review of project proposals within those designated areas. The maps and standards will be incorporated into the existing Plan as an appendix.

Rules Coordinator: Casaria Taylor

Address: Land Conservation and Development Department, 635 Capitol St. NE, Suite 150, Salem, OR 97301

Telephone: (503) 373-0050, ext. 322

Rule Caption: Allowance for tsunami emergency hazard response storage structures in forest zones.

Date: Time: Location:

1-16-13  6:30 p.m. Tillamook Bay Comm. College  4301 Third St. Rm. 214  Tillamook, OR 97141

1-25-13 8 a.m. DLCD Basement Hearing Rm.  635 Capitol St.  Salem, Oregon

Hearing Officer: Patrick Wingard; LCDC

Stat. Auth.: ORS 197.040

Other Auth.: Statewide Planning Goal 4 (OAR 660-015-0000(4))

Stats. Implemented: ORS 197.010 & 215.700–215.799

Proposed Amendments: Rules in 660-006

Last Date for Comment: 1-25-13, Close of Hearing

Summary: The proposed amendments to OAR 660, division 6, would authorize the approval of certain types of emergency storage structures in forest zones near coastal areas in order to facilitate local community tsunami preparedness planning efforts. Coastal communities have requested authorization for such structures in forest zones because there are insufficient locations above mapped tsunami inundation zones inside urban growth boundaries that are reasonably close to assembly areas and in proximity to designated tsunami evacuation routes.

Rules Coordinator: Casaria Taylor

Address: Land Conservation and Development Department, 635 Capitol St. NE, Suite 150, Salem, OR 97301

Telephone: (503) 373-0050, ext. 322


Oregon Department of Aviation, Chapter 738

Rule Caption: Waldo Lake access by seaplanes.

Date: Time: Location:

1-31-13  6 p.m. Willamalane Center   Ken Long Rm.  250 S 32nd St.  Springfield OR

Hearing Officer: Staff

Stat. Auth.: ORS 835.035, 835.112 & 835.200

Stats. Implemented: ORS 835.200, 835.205 & 835.210

Proposed Adoptions: 738-040-0037

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

Summary: The Oregon Marine Board (OMB) has exempted seaplanes from OAR 250-030-0030(4) and OAR 250-020-0221(10) which places a ban on internal combustion motors on Waldo Lake.

 The Oregon Aviation Board (OAB) is adopting this rule to help administer seaplane usage on Waldo Lake and to establish parameters for locations and times seaplanes may access the lake. Seaplanes will be allowed to access the lake as a form of transportation similar to a motorized vehicle driving to the site. The permanent rule will also address seaplane pilots conducting invasive species inspections prior to landing on Waldo Lake.

Rules Coordinator: Lauri Kunze

Address: Oregon Department of Aviation, 3040 25th St. SE, Salem, OR 97302-1125

Telephone: (503) 986-3171


Oregon Department of Education, Chapter 581

Rule Caption: Renumbers rule relating to media services in public schools.

Stat. Auth.: ORS 326.051 & 329.075

Stats. Implemented: ORS 329

Proposed Ren. & Amends: 581-022-1520 to 581-022-2340

Last Date for Comment: 1-21-13, 5 p.m.

Summary: The renumbering and possible amendment of the rule relating to media services is part of a larger project to reorganize Division 22 for which notice was previously filed in the prior month with the Secretary of State. This notice was filed to correct an error in that filing. That filing moved the media services rules out of division 22. We do not plan to do that but instead the rule will be renumbered but kept in Division 22.

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


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

Rule Caption: Health Evidence Review Commission Process for Evidence-based Reports.

Date: Time: Location:

1-16-13  1:30 p.m. General Services Bldg.  1225 Ferry St. SE   Mt. Mazama Rm. (basement)  Salem, OR

Hearing Officer: Zarie Haverkate

Stat. Auth.: ORS 414.695 & 413.042

Stats. Implemented: ORS 414.695 & 414.698

Proposed Adoptions: 409-060-0100, 409-060-0110, 409-060-0120, 409-060-0130, 409-060-0140, 409-060-0150

Last Date for Comment: 1-18-13, 5 p.m.

Summary: The Office for Oregon Research and Development needs to adopt rules to document the process the Health Evidence Review Commission (HERC) will follow in developing medical technology assessments and other evidence based reports based on comparative effectiveness research so that the public and interested stakeholders understand what to expect from the Commission and know how to best provide input into the process.

 Proposed rules are available on the OHPR website: http://www.oregon.gov/oha/ohpr/pages/rulemaking/index.aspx

Rules Coordinator: Zarie Haverkate

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

Telephone: (503) 373-1574


 

Rule Caption: Prohibition against identifying individuals in public use data sets.

Stat. Auth.: ORS 192.440 & 442.420(3)(d)

Stats. Implemented: ORS 192.410–192.440, 192.496, 192.501 & 442.420(3)(d)

Proposed Amendments: 409-021-0130

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

Summary: The Office for Oregon Health Policy and Research (OHPR) needs to amend these rules in order to improve privacy protections relating to public use health data sets. The amendment prohibits users of public use health data from attempting to ascertain the identity of individuals.

Rules Coordinator: Zarie Haverkate

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

Telephone: (503) 373-1574


 

Rule Caption: Prohibition against identifying individuals in public use data sets.

Stat. Auth.: ORS 442.466

Stats. Implemented: ORS 442.464 & 442.466

Proposed Amendments: 409-025-0160

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

Summary: The Office for Oregon Health Policy and Research (OHPR) needs to amend these rules in order to improve privacy protections for APAC public use data sets. The amendment prohibits users of APAC public use data from attempting to ascertain the identity of individuals.

Rules Coordinator: Zarie Haverkate

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

Telephone: (503) 373-1574


 

Rule Caption: Amendment to the Physician VISA Waiver Program Rule.

Stat. Auth.: ORS 413.248

Stats. Implemented: ORS 413.248

Proposed Amendments: 409-035-0020

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

Summary: The Office for Oregon Health Policy and Research needs to amend OAR 409-035-0020 to allow Federally Qualified Health Centers (FHQCs) with a HPSA score at or above the requirements of 22 CFR 41.63 to apply for a J-1 Waiver through the Authority.

 Proposed rules are available on the OHPR website: http://www.oregon.gov/OHA/OHPR/pages/rulemaking/index.aspx

Rules Coordinator: Zarie Haverkate

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

Telephone: (503) 373-1574


Oregon Health Authority, Public Health Division, Chapter 333

Rule Caption: Dental Pilot Projects.

Date: Time: Location:

1-16-13  1 p.m. Portland State Office Bldg.  800 NE Oregon St. Rm. 1C  Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: 2011 OL Ch. 716

Stats. Implemented: 2011 OL Ch. 716

Proposed Adoptions: 333-010-0400, 333-010-0405, 333-010-0410, 333-010-0415, 333-010-0420, 333-010-0425, 333-010-0430, 333-010-0435, 333-010-0440, 333-010-0445, 333-010-0450, 333-010-0455, 333-010-0460, 333-010-0465, 333-010-0470

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

Summary: The Oregon Health Authority, Public Health Division, Oral Health Program is proposing to permanently adopt administrative rules in chapter 333, division 10 to provide administrative oversight of Dental Pilot Projects as defined in SB 738 (2011 OL Ch. 716), which passed during the 2011 Legislative Session. The proposed rules provide administrative guidance to the required content of Dental Pilot Project applications, process for review, approval and monitoring of Dental Pilot Projects and steps to terminate or conclude a Dental Pilot Project.

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: Pursuant to SB 1507, revision of HIV testing-related rules.

Date: Time: Location:

1-16-13  3 p.m. Portland State Office Bldg.  800 NE Oregon St., Rm. 1B  Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 431.110, 433.001, 433.004, 433.008 & 433.045–433.080

Other Auth.: 2012 OL Ch. 26

Stats. Implemented: ORS 431.110, 433.001, 433.004, 433.006 & 433.045–433.080

Proposed Adoptions: 333-022-0200, 333-022-0205, 333-022-0210, 333-022-0300, 333-022-0305, 333-022-0310, 333-022-0315

Proposed Repeals: 333-012-0260, 333-012-0262, 333-012-0264, 333-012-0265, 333-012-0266, 333-012-0267, 333-012-0268, 333-012-0269, 333-012-0270

Proposed Renumberings: 333-012-0300 to 333-022-0410, 333-012-0310 to 333-022-0415, 333-012-0320 to 333-022-0420, 333-012-0330 to 333-022-0425, 333-012-0350 to 333-022-0435, 333-012-0360 to 333-022-0440, 333-012-0370 to 333-022-0445, 333-012-0380 to 333-022-0450, 333-012-0390 to 333-022-0455

Proposed Ren. & Amends: 333-012-0280 to 333-022-0400, 333-012-0290 to 333-022-0405, 333-012-0340 to 333-022-0430, 333-012-0400 to 333-022-0460

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

Summary: The Oregon Health Authority, Public Health Division is proposing permanent changes to Oregon Administrative Rules (OARs) pertaining to HIV testing. During the 2012 legislative session, the Oregon Legislature passed Senate Bill 1507 (Oregon Laws 2012, chapter 26), which amended Oregon Revised Statutes 433.045, 433.055, 433.065, 433.075 and 433.085. SB 1507 removed requirements for obtaining informed consent prior to collecting a specimen for testing for HIV. Instead of informed consent, changes to statute resulting from SB 1507 now require that health care providers notify the individual that he/she will be tested for HIV and allow the individual an opportunity to decline the test. In addition the statute declares that the “notification and opportunity to decline testing required…may be verbal or in writing, and may be contained in a general medical consent.” The statutory changes necessitated changes to OARs related to HIV testing.

 Overview of proposed revisions:

 (1) The Public Health Division is proposing to adopt a new rule division (022) within chapter 333 of the OARs because rules related to HIV testing, consent and occupational exposure to HIV don’t group logically with other Public Health Division rules found in division 012 relating to Traveler’s Accommodations, Recreation Parks, Organizational Camps, Swimming Pools, Bath Houses, Food Service Facilities, Mobile Units, and Vending Machines.

 (2) Definitions in proposed OAR 333-022-0010 (borrowing language from repealed OAR 333-012-0260) have been updated.

 (3) Requirements for informed consent for HIV testing (repeal of OAR 333-012-0265 and adoption of OAR 333-022-0205) have been removed and substituted with language from SB 1507 requiring notification of the individual being tested, allowing the individual to decline, and advising that notification may be done verbally or in writing, including via a general medical consent form.

 (4) Proposed OAR 333-022-0210 (borrowing language from repealed OAR 333-012-0270) on confidentiality of HIV test results permits disclosure of HIV test results by licensed health care providers and health care facilities in a manner consistent with HIPAA. It also specifies circumstances under which public health may disclose HIV test results. In addition, subsections added permitting public health to disclose identity of an individual with a positive HIV test result for purposes of notification of a person with a substantial exposure to avoid danger to the exposed person and to a health care provider for purposes of facilitating or arranging treatment.

 (5) Rules on HIV testing in occupational and health care settings have been rewritten and renumbered to remove reference to informed consent for testing and simplify procedures for testing sources after bloodborne exposures in certain occupational settings.

 (6) Rules on monitoring health care providers with HIV or viral hepatitis (proposed OAR 333-022-0400 through 333-022-0460) have been renumbered from OAR 333-012-0280 through 333-012-0400. These rules remain unchanged, except where references to other rules need to be updated.

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: Administrative Charges and Fees.

Date: Time: Location:

1-22-13  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: 945-030-0010, 945-030-0020, 945-030-0030

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

Summary: Establishes the process for adoption of administrative charges and fees. Establishes the 2014 administrative fee to be paid by participating insurers.

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 Health Licensing Agency, Chapter 331

Rule Caption: Add license pathway for individuals seeking temporary polysomnography licensure and add qualification/documentation requirements.

Stat. Auth.: ORS 676.607, 676.615, 688.819

Stats. Implemented: ORS 688.819, 688.830

Proposed Amendments: 331-710-0050, 331-710-0080, 331-710-0090, 331-718-0020

Last Date for Comment: 1-28-13, 5 p.m.

Summary: Require that polysomnography licensure applicants who received education through a CAAHEP accredited program submit a certificate of completion directly from the educational institution to the Agency.

 Create a temporary license pathway under Temporary License — Indirect Supervision for individuals who have received an academic degree and are waiting to take the board approved national examination. Temporary license would be valid for 1 year with no renewal. Applicants under pathway three will be required to submit certain documentation to qualify for license. Documentation includes fingerprint based national criminal background check and statement from the college or universities Registrar of Dean verifying the applicant has completed the work necessary to obtain a degree in polysomnography.

 Revise temporary license indirect supervision pathway two to require an applicant submit education equivalent to 80 clock hours of education and have the pathway be longer effective as of July 1, 2013.

Rules Coordinator: Samantha Patnode

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

Telephone: (503) 373-1917


Oregon Public Employees Retirement System, Chapter 459

Rule Caption: Update rules to reflect the Internal Revenue Code compensation limitations effective January 1, 2013.

Date: Time: Location:

2-26-13  3 p.m. PERS Boardroom  11410 SW 68th Pkwy.  Tigard, OR

Hearing Officer: Daniel Rivas

Stat. Auth.: ORS 238.630, 238.650, 238A.370 & 238A.450

Stats. Implemented: ORS 238 & 238A

Proposed Amendments: 459-005-0525, 459-005-0545, 459-080-0500

Last Date for Comment: 3-1-13, 5 p.m.

Summary: The rule updates are needed to reflect the most current Internal Revenue Code (IRC) compensation limitations beginning in 2013.

Rules Coordinator: Daniel Rivas

Address: Oregon Public Employees Retirement System, PO Box 23700, Tigard, OR 97281

Telephone: (503) 603-7713


 

Rule Caption: Clarifies retirement eligibility for Police Officer and Firefighter (P&F) members of the OPSRP Pension Program.

Stat. Auth.: ORS 238A.450

Stats. Implemented: ORS 238A.160, 238A.165

Proposed Amendments: 459-075-0200

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

Summary: Under the OPSRP Pension Program a P&F member can meet the eligibility requirements for normal and early retirement as P&F if they have held a position continuously as P&F for a period of five years immediately prior to the effective date of retirement. The modifications to OAR 459-075-0200 provide clarity in meeting the five year requirement as P&F when a member separates from employment with one employer as P&F and begins employment as P&F with another employer, and also clarifies the status of a member who is employed concurrently as P&F and other than P&F.

Rules Coordinator: Daniel Rivas

Address: Oregon Public Employees Retirement System, PO Box 23700, Tigard, OR 97281

Telephone: (503) 603-7713


Oregon State Marine Board, Chapter 250

Rule Caption: Restricts vessel speed and operations in an artificial lagoon near the mouth of Hood River.

Date: Time: Location:

1-22-13  5 p.m. Marina Center Boardroom.  1000 E. Port Marina Dr.  Hood River, OR

Hearing Officer: Randy Henry

Stat. Auth.: ORS 830.110 & 830.175

Stats. Implemented: ORS 830.110 & 830.175

Proposed Amendments: 250-020-0141

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

Summary: The agency proposes to amend OAR 250-020-0141 restricting boat operation within an artificial lagoon on the immediate west side of the mouth of the Hood River. Rule rule would create a “Slow No Wake” zone within a marked area of approximately 494 feet by 155 feet. The area is heavily used by swimmers, sail- and kite-boarders, and personal watercraft engaged in instruction activities.

Rules Coordinator: June LeTarte

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

Telephone: (503) 378-2617


Oregon University System, Western Oregon University, Chapter 574

Rule Caption: Revisions to special course fees and general services fees.

Stat. Auth.: ORS 351.070 & 351.072

Stats. Implemented: ORS 351.070 & 351.072

Proposed Amendments: 574-050-0005

Last Date for Comment: 1-21-13, 5 p.m.

Summary: Amendments will allow for increases, additions, and revisions of special course fees and general services fees.

Rules Coordinator: Debra L. Charlton

Address: Oregon University System, Western Oregon University, 345 N Monmouth Ave., Monmouth, OR 97361

Telephone: (503) 838-8597


Public Utility Commission, Board of Maritime Pilots, Chapter 856

Rule Caption: Fix rates for pilotage in an emergency for Coos/Yaquina Bays required by statutory amendment.

Stat. Auth.: ORS 776.115 & 2012 OL Ch. 55, Sec. 5

Stats. Implemented: ORS 776.115(7) & 2012 OL Ch. 55, Sec. 5(b)

Proposed Adoptions: 856-030-0045

Last Date for Comment: 1-30-13, Close of Business

Summary: Adopts existing provisions of piltoage tariff for rates applicable to provision of pilotage services to vessels in an emergency.

Rules Coordinator: Susan Johnson

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

Telephone: (971) 673-1530


Teacher Standards and Practices Commission, Chapter 584

Rule Caption: Amends licensure, program approval and highly qualified teacher rules.

Stat. Auth.: ORS 342

Stats. Implemented: ORS 342.120–342.430, 342.455–342.495 & 342.533

Proposed Adoptions: 584-066-0015

Proposed Amendments: 584-005-0005, 584-018-0205, 584-018-0305, 584-060-0250, 584-070-0411, 584-100-0016, 584-100-0038, 584-100-0101, 584-100-0106

Last Date for Comment: 2-7-13, 2 p.m.

Summary: 584-005-0005 Definitions — aligns definitions with recent rule changes.

 584-018-0205 Educational Leadership for Administrator Licensure Standards — corrects typographical error; and adds language accidentally omitted from the proposed rule.

 584-018-0305 Knowledge, Skills, Abilities, Cultural Competencies and Professional Dispositions for Initial School Counselor License — Removes dead hyperlink from rule; eliminates language to conform rule to other commission standards.

 584-060-0250 License for Conditional Assignment — eliminates provisions of the rule that were redundant and outside scope of regulation (e.g. references to private schools).

 584-066-0015 Knowledge, Skills and Abilities for Elementary Math Specialists — Adopts new standards for Elementary Math Specialists.

 584-070-0411 Initial School Social Worker License — removes testing requirements from current rules.

 584-100-0016 Highly Qualified Elementary Teacher Not New to the Profession — aligns rules with federal directive regarding use of HOUSSE for highly qualified teachers.

 584-100-0038 HOUSSE for Middle-Level and High School Teachers (7-12) — aligns rules with federal directive regarding use of HOUSSE for highly qualified teachers.

 584-100-0101 Licenses Considered “Full State Certification” — proposes to add Charter School Registry to “full state certification.”

 584-100-0106 Licenses Not Considered to be “Full State Certification” — updates the list to align with new licenses added by Commission since rule last reviewed.

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

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