Oregon Bulletin
NOTICES OF PROPOSED RULEMAKING AND
PROPOSED RULEMAKING HEARINGS
The following agencies provide Notice of Proposed Rulemaking to offer interested parties reasonable opportunity to submit data or views on proposed rulemaking activity. To expedite the rulemaking process, many agencies have set the time and place for a hearing in the notice. Copies of rulemaking materials may be obtained from the Rules Coordinator at the address and telephone number indicated.
Public comment may be submitted in writing directly to an agency or presented orally or in writing at the rulemaking hearing. Written comment must be submitted to an agency by 5:00 p.m. on the Last Day for Comment listed, unless a different time of day is specified. Written and oral comments may be submitted at the appropriate time during a rulemaking hearing as outlined in OAR 137-001-0030.
Agencies providing notice request public comment on whether other options should be considered for achieving a proposed administrative rule's substantive goals while reducing negative economic impact of the rule on business.
In Notices of Proposed Rulemaking where no hearing has been set, a hearing may be requested by 10 or more people or by an association with 10 or more members. Agencies must receive requests for a public rulemaking hearing in writing within 21 days following notice publication in the Oregon Bulletin or 28 days from the date notice was sent to people on the agency mailing list, whichever is later. If sufficient hearing requests are received by an agency, notice of the date and time of the rulemaking hearing must be published in the Oregon Bulletin at least 14 days before the hearing.
*Auxiliary aids for persons with disabilities are available upon advance request. Contact the agency Rules Coordinator listed in the notice information.
Rule
Caption: To synchronize with changes
made to the related Board policy regarding medication aide curriculum.
Date: Time: Location:
2-16-12 9
a.m. 17938
SW Upper Boones
Ferry
Rd.
Portland,
OR 97224
Hearing Officer: Kay Carnegie, Board President
Stat. Auth.: ORS 678.440, 678.442, 678.444, & 678.445
Stats. Implemented: ORS 678.442
Proposed Amendments: 851-062-0090, 851-062-0110
Last Date for Comment: 2-14-12, 5 p.m.
Summary: The purpose of the proposed changes is to synchronize with
changes to the medication aide curriculum policy that was approved by the Board
in April, 2011.
Rules Coordinator: Peggy A. Lightfoot
Address: Board of Nursing, 17938 SW Upper Bones Ferry Rd.,
Portland, OR 97224
Telephone: (971) 673-0638
Rule
Caption: Amends rules and exhibits
governing procedures for setting prison terms for qualified aggravated
murderers.
Date: Time: Location:
2-17-12 9
a.m. 2575
Center St. NE
Salem,
OR 97301
Hearing Officer: Aaron Felton, Board Chairperson
Stat. Auth.: ORS 144.050, 144.110, 144.120, 144.140 & 144.780
Other Auth.: Janowski/Fleming v. Board of Parole,
349 Or 432 (2010); Severy/Wilson v. Board of Parole,
349 Or 461 (2010); State ex rel Engweiler v. Felton, 350 OR 592 (2011) & OAR 255-030.
Stats. Implemented: ORS 144.110, 144.120 & 163.105
Proposed Amendments: 255-032-0005, 255-032-0037
Proposed Repeals: 255-032-0011
Last Date for Comment: 3-3-12, 5:30 p.m.
Summary: Division 32 rules govern procedures related to persons convicted
of aggravated murder under ORS 163.105. Division 35 rules and related exhibits
govern procedures related to setting a prison term. Recent Oregon Supreme Court
decisions necessitate changes in the Board’s rules:
(1)
In Janowski/Fleming v. Board of Parole, 349 Or 432
(2010), the Board was directed to apply the “matrix system” in effect at the
time the crimes were committed in order to set a prison term for adults
convicted of aggravated murder who had been found likely to be rehabilitated
within a reasonable period of time under ORS 163.105. Exhibit A-I is amended to
restore crime severity ratings to aggravated murder. Exhibit A-II is amended to restore the subcategory rationale for aggravated murder,
including Category 7 and Category 8. Both of these changes are required in
order to allow the Board to establish a matrix range for persons convicted of
aggravated murder. OAR 255-032-0037(2) is amended to clarify the rules to be
applied to aggravated murderers who have been found likely to be rehabilitated
within a reasonable period of time.
(2)
In State ex rel Engweiler v. Felton, 350 Or 592 (2011), the court concluded that the Board exceeded its
statutory authority when it promulgated rules requiring five juvenile
aggravated murderers to undergo the intermediate review process of a murder
review hearing before the Board makes parole release decisions regarding them.
OAR 255-032-0005 is amended and OAR 255-032-0011 is repealed to comply with
this decision.
Rules Coordinator: Shawna Harnden
Address: Board of Parole and Post-Prison Supervision, 2575
Center St. NE, Salem, OR 97301
Telephone: (503) 945-0913
Rule
Caption: Housekeeping, emergency
suspension authority, petition to reduce larger bond requirement, and LBPR
emergency renovation operations.
Date: Time: Location:
2-28-12 11
a.m. West
Salem Roth’s IGA
Santiam
Rm.
425
Glen Creek Rd.
Salem,
OR
Hearing Officer: Rob Yorke
Stat. Auth.: ORS 183.310–183.500, 670.310, 701.068, 701.085 (2005),
701.088, 701.235, 701.515, 701.992 & 701.995
Stats. Implemented: ORS 87.093, 279C.590, 701.005, 701.021, 701.026, 701.042,
701.046, 701.068, 701.073, 701.085 (2005), 701.088, 701.091, 701.098, 701.102,
701.106, 701.109, 701.227, 701.305, 701.315, 701.330, 701.345, 701.480,
701.485, 701.505-701.520, 701.510, 701.515, 701.992 & 701.995
Proposed Amendments: 812-002-0443, 812-005-0140, 812-005-0250, 812-005-0800,
812-007-0020, 812-007-0302, 812-007-0350
Proposed Repeals: 812-005-0140(T)
Last Date for Comment: 2-28-12, Close of Hearing
Summary: • 812-002-0443 is amended to correct a cite reference.
•
812-005-0140 is amended to make the rule consistent with ORS 701.098(4) and
make the rule retroactive and effective on the date the statute was changed
(1/1/08).
•
812-005-0250 is amended to:
-
Section (1): Remove references to 2005 statutes. There should no longer be any
licensees or applicants affected by those statutes. Consolidate old sections
(1) and (2) into one section for simplicity and clarity. Refer to “agency”
rather than “Board.” This is consistent with the remainder of the rule. Extend
minimum period to operate under increased bond from two to three years.
-
Section (2): Change petition requirement from an explanation why there is no
longer an “increased risk to the public” to describing the factors for
consideration in Section (3).
-
Section (3): Change basis for review to clearly articulated standards for
approval or denial.
-
Section (3)(a): Expand the class of agency “orders” to recognize DRS arbitration
awards and (new) determinations.
-
Section (4): Explain that if petitioner fails to satisfy all of the
requirements in Section (3), the agency will not allow the reduced bond for an
additional three years. After that time, the applicant or licensee may again
petition the agency.
-
Section (5): Clarify that agency will notify petitioner of its decision within
30 days of receiving the petition.
-
Section (6): Change procedure from contested case review (Office of
Administrative Hearings) to an order in other than a contested case (Circuit
Court).
•
812-005-0800 is amended to clarify that sanction in section (16) is not subject
to authorization in ORS 701.106 and to correct cross-reference in section (22).
•
812-007-0020 is amended to provide an exemption for emergency renovation
operations, as the Oregon Health Authority (OHA) rules do. Definitions are
amended to make CCB’s rules consistent with the OHA
rules.
•
812-007-0302 is amended to provide an exemption for emergency renovation
operations, as the Oregon Health Authority (OHA) rules do. Exemption rules are
amended to make CCB’s rules consistent with OHA’s rules.
•
812-007-0350 is amended (1)(d) adds a missing word
“refer” between the words “Authority” and “to the board.”
Rules Coordinator: Catherine Dixon
Address: Construction Contractors Board, 700 Summer St. NE,
Suite 300, Salem, OR 97310
Telephone: (503) 934-2185
Rule
Caption: Residential Continuing
Education – Housekeeping, increase work experience of providers,
active/inactive status.
Date: Time: Location:
2-28-12 11
a.m. West
Salem Roth’s IGA
Santiam
Rm.
425
Glen Creek Rd.
Salem,
OR
Hearing Officer: Rob Yorke
Stat. Auth.: ORS 370.310, 701.126 & 701.235
Stats. Implemented: ORS 670.310, 701.126 & 701.235
Proposed Amendments: 812-021-0015, 812-021-0019, 812-021-0025, 812-021-0040
Proposed Repeals: 812-021-0015(T)
Last Date for Comment: 2-28-12, Close of Hearing
Summary: • OAR 812-021-0015 section (4) is amended to delete the word
“core” and to allow contractors that took the initiative and earned continuing
education (CE) before it was required to include the CE hours for their first
renewal, which satisfies the goals of the CE program. CCB wants to reward, not
punish, contractors that took the initiative to earn CE before it was required.
The rule is retroactive to October 1, 2011. The rule is also being amended to
correct cite reference in 812-0021-0015(2)(b)(A).
•
OAR 812-021-0019 is amended to change the word “attending” to “completing”
because contractors earn continuing education credits by completing courses. Some courses are taken online and are completed, they are not attended
•
OAR 812-021-0025 is amended increase work experience or education requirements
for education providers. The current amount of required work experience and
education is two years; it increases to four years.
•
OAR 812-021-0040 is amended to incorporate a policy governing active
contractors renewing as inactive. The rule also applies where the inactive
contractor (recently renewed) seeks to return to active status.
Rules Coordinator: Catherine Dixon
Address: Construction Contractors Board, 700 Summer St. NE,
Suite 300, Salem, OR 97310
Telephone: (503) 934-2185
Rule
Caption: Changes standards for
examination of somatic cells in milk.
Date: Time: Location:
3-2-12 10
a.m. Dept.
of Agriculture,
Basement
Hearings Rm.
635
Capitol St. NE
Salem,
OR 97301
Hearing Officer: Eric Edmunds
Stat. Auth.: ORS 561 & 621
Stats. Implemented: ORS 621.060 & 621.261
Proposed Amendments: 603-024-0592
Last Date for Comment: 3-2-12, 5 p.m.
Summary: The amendment reduces the somatic cell count standard for milk
from 750,000 parts per mL to 500,000 parts per mL while simultaneously raising the somatic cell count for
goat’s milk from one million parts per mL to
1,500,000 parts per mL.
Rules Coordinator: Sue Gooch
Address: Department of Agriculture, 635 Capitol St. NE, Salem,
OR 97301
Telephone: (503) 986-4583
Rule
Caption: Repeal of rule for physician
credentialing and recredentialing in connection with
health care service contractors.
Stat.
Auth.: ORS 731.244 & 442.807
Other Auth.: 2009 OL Ch. 595 (Enrolled HB 2009)
Stats. Implemented: ORS 742.800–442.807
Proposed Repeals: 836-052-0900
Last Date for
Comment: 3-15-12, Close of Business
Summary: This rulemaking repeals a rule adopted by the
Department of Consumer and Business Services (DCBS) related to physician
credentialing and recredentialing by health care
service contractors. During the 2009 Legislative Session, the statutory
authority for adopting this rule was transferred from DCBS to the Oregon Health
Authority. Because the Oregon Health Authority has adopted temporary rules to
replace this rule and is now proposing to adopt permanent rules to replace this
rule, it is necessary for DCBS to repeal the obsolete DCBS rule.
Rules Coordinator: Sue Munson
Address: Department of Consumer and Business Services,
Insurance Division, 350 Winter St. NE, Rm. 440, Salem, OR 97301
Telephone: (503) 947-7272
Rule
Caption: Propose to adopt federal
corrections and technical amendments to general industry, construction, and
shipyard employment.
Stat.
Auth.: ORS 654.025(2) & 656.726(4)
Stats. Implemented: ORS 654.001–654.295
Proposed Amendments: 437-002-0080, 437-002-0100, 437-002-0120,
437-002-0140, 437-002-0161, 437-002-0180, 437-002-0182, 437-002-0220,
437-002-0240, 437-002-0280, 437-002-0300, 437-002-0312, 437-002-0340,
437-002-0360, 437-002-0373, 437-003-0001, 437-003-0875, 437-005-0001
Last Date for
Comment: 2-24-12
Summary: This rulemaking is to keep Oregon OSHA in harmony with
recent changes to Federal OSHA’s standards.
Federal OSHA published in the December
27, 2011 Federal Register corrections of typographical errors and
non-substantive technical amendments to a number of standards in general
industry, construction, and shipyard employment. The technical amendments
include updating or revising cross-references. These revisions do not affect
the substantive requirements or coverage of those standards, do not modify or
revoke existing rights or obligations, and do not establish new rights or
obligations.
Oregon OSHA proposes to make these
corrections and amendments to the standards Oregon has adopted previously to
reflect federal OSHA’s changes. We are also making rule reference changes in a
number of standards to reflect the newly adopted OAR 437-002-0134 Personal Protective
Equipment.
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: Interstate Compact –
Retaken Offenders.
Stat.
Auth.: ORS 144.600, 179.040, 423.020,
423.030 & 423.075
Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075
Proposed Amendments: 291-180-0275
Last Date for
Comment: 3-22-12, Close of Business
Summary: This rulemaking is necessary in order for the
Department of Corrections to require that an offender who was previously
retaken and returned to this state from another state at cost to the State of
Oregon, whether by formal or informal means, repay those costs to the State of
Oregon before the offender may be approved by the Department for an interstate
compact supervision transfer. Limited exceptions may be granted by the Compact
Administrator or designee based on individual circumstances.
Rules Coordinator: Janet R. Worley
Address: Department of Corrections, 2575 Center St. NE, Salem,
OR 97301-4667
Telephone: (503) 945-0933
Rule
Caption: Corrections to 2012 Oregon
Sport Fishing Regulations.
Date: Time: Location:
3-9-12 8
a.m. Comfort
Suites
1730
NW 9th St.
Corvallis,
OR 97330
Hearing Officer: Fish & Wildlife Commission
Stat. Auth.: ORS 496.138, 496.146, 496.162, 497.121 & 506.119
Stats. Implemented: ORS 496.004, 496.009, 496.138, 496.146, 496.162 & 506.129
Proposed Adoptions: Rules in 635-017, 635-018
Proposed Amendments: Rules in 635-017, 635-018
Proposed Repeals: Rules in 635-017, 635-018
Last Date for Comment: 3-9-12, Close of Hearing
Summary: Amended rules correct unintended errors in the 2012 Oregon Sport
Fishing Regulations booklet. Housekeeping and technical corrections to the
regulations may occur to ensure rule consistency.
Rules Coordinator: Therese Kucera
Address: Department of Fish and Wildlife, 3406 Cherry Ave. NE,
Salem, OR 97303
Telephone: (503) 947-6033
Rule
Caption: Amend Wildlife Control
Operator Rules.
Date: Time: Location:
3-9-12 8
a.m. Comfort
Suites
1730
NW 9th St.
Corvallis,
OR 97330
Hearing Officer: Fish & Wildlife Commission
Stat. Auth.: ORS 496.012, 496.138, 496.146, 496.162 & 498.012
Stats. Implemented: ORS 496.012, 496.138, 496.146, 496.162 & 498.012
Proposed Amendments: Rules in 635-435
Last Date for Comment: 3-9-12
Summary: Review, update and amend rules relating to wildlife control
operators. Specific rule changes include but are not limited to: definitions,
criteria for reinstatement after revocation and amendment that will make the
rules consistent with the Wildlife Rehabilitation Rules which were adopted by
the Commission on June 2, 2011.
Rules Coordinator: Therese Kucera
Address: Department of Fish and Wildlife, 3406 Cherry Ave. NE,
Salem, OR 97303
Telephone: (503) 947-6033
Rule
Caption: Amend rules to delist the
Bald Eagle from State List of Threatened and Endangered Species.
Date: Time: Location:
3-9-12 8
a.m. Comfort
Suites
1730
NW 9th St.
Corvallis,
OR 97330
Hearing Officer: Fish & Wildlife Commission
Stat. Auth.: ORS 496.004, 496.171, 496.172, 496.176, 496.182, 496.192 &
498.026
Stats. Implemented: ORS 496.004, 496.171, 496.172, 496.176, 496.182, 496.192 &
498.026
Proposed Amendments: 635-100-0125
Last Date for Comment: 3-9-12
Summary: This rule amendment would remove the Bald eagle (Haliaaeetus leucocephalus) from
the State List of Threatened and Endangered Species.
Rules Coordinator: Therese Kucera
Address: Department of Fish and Wildlife, 3406 Cherry Ave. NE,
Salem, OR 97303
Telephone: (503) 947-6033
Rule
Caption: Changing OARs affecting Child Welfare programs.
Date: Time: Location:
2-28-12 8:30
a.m. 500
Summer St. NE, Rm. 254
Salem,
OR
Hearing Officer: Annette Tesch
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Proposed Amendments: 413-010-0700, 413-010-0705, 413-010-0710, 41-010-0714,
413-010-0715, 413-010-0716, 413-010-0717, 413-010-0718, 413-010-0720,
413-010-0721, 413-010-0722, 413-010-0723, 413-010-0732, 413-010-0735,
413-010-0738, 413-010-0740, 413-010-0743, 413-010-0745, 413-010-0746,
413-010-0748, 413-010-0750
Proposed Repeals: 413-010-0712
Last Date for Comment: 3-1-12, 5 p.m.
Summary: The Department is amending these rules about notice and review of
founded dispositions in child protective services to make permanent changes
adopted as temporary rules on October 6, 2011, and change the founded disposition review process which currently exists at the local
office level and central office level. These amendments do not change the
rights of an individual to have a founded disposition reviewed nor do they
change the process by which the individual requests the review. Under these
amendments, the Local Office and Central Office CPS Founded Disposition Review
Committees make a recommendation (no longer a decision); and the decision
making authority that used to be with the committees is now with the Child
Welfare program manager or designee at the local office level and the Child Protective
Services Program Manager or designee at the central office level. These rules
are also being amended to assure their accuracy, integrity, internal consistency, remove outdated language, and identify defined terms.
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 March 1, 2012 at 5:00 p.m. Written comments may
be submitted via e-mail to Annette.Tesch@state.or.us,
faxed to 503-373-7032, or mailed to Annette Tesch,
Rules Coordinator, DHS - Children, Adults, and Families Division, 500 Summer
Street NE, E-48, Salem, Oregon, 97301. The Department provides the same
consideration to written comment as it does to any oral or written testimony
provided at the public hearing.
Rules Coordinator: Annette Tesch
Address: Department of Human Services, Children, Adults and
Families Division: Child Welfare Programs, 500 Summer St. NE, E-48, Salem, OR
97301-1066
Telephone: (503) 945-6067
Rule
Caption: Changing OARs affecting public assistance, medical assistance, or Supplemental Nutrition
Assistance Program clients.
Date: Time: Location:
2-28-12 10
a.m. 500
Summer St. NE, Rm. 254
Salem,
OR
Hearing Officer: Annette Tesch
Stat. Auth.: ORS 181.537, 409.050, 409.610, 411.060, 411.070, 411.087,
411.122, 411.404, 411.704, 411.706, 411.707, 411.816, 412.006, 412.009,
412.014, 412.024, 412.049, 412.079, 412.124, 414.025, 414.115, 414.231,
414.826, 414.831, 657A.340, 657A.450, HB 2049 (2011)
Other Auth.: 42 U.S.C. 602(a); 42 U.S.C. 1396d(p) (Section 1905(p) of the
Social Security Act); 42 U.S.C. 1396e; 7 CFR 273.2(b)(1)(iii); 42 CFR 435.403;
42 CFR 435.407; 45 CFR 98.1(a)(1); 45 CFR 98.45; 45 CFR 233.39; 45 CFR 260; 45
CFR 260.52; 45 CFR 260.54; 45 CFR 263.2; 45 CFR 273.3; 45 CFR 400; U.S.
Department of Health & Human Services, Centers for Medicare & Medicaid
Services, State Medicaid Manual section 3230.2; Social Security Administration
Program Operations Manual System section SI 00820.010
Stats. Implemented: ORS 181.537, 409.010, 409.050, 409.610, 411.060, 411.070,
411.087, 411.117, 411.122, 411.400, 411.404, 411.704, 411.706, 411.707,
411.816, 412.006, 412.009, 412.014, 412.024, 412.049, 412.079, 412.124,
414.025, 414.042, 414.115, 414.231, 414.428, 414.826, 414.831, 414.839,
657A.340, 657A.450, HB 2049 (2011)
Proposed Adoptions: 461-135-1260
Proposed Amendments: 461-101-0010, 461-115-0705, 461-120-0010, 461-120-0030,
461-120-0050, 461-120-0110, 461-120-0125, 461-120-0130, 461-120-0210,
461-120-0315, 461-120-0330, 461-120-0340, 461-120-0350, 461-120-0510,
461-120-0630, 461-135-0075, 461-135-1100, 461-145-0080, 461-145-0410,
461-155-0030, 461-155-0290, 461-155-0291, 461-155-0295, 461-155-0500,
461-165-0180, 461-170-0011, 461-180-0130, 461-190-0211
Proposed Repeals: 461-115-0705(T), 461-120-0120, 461-120-0340(T), 461-120-0530,
461-135-0075(T), 461-135-1100(T), 461-135-1110, 461-135-1210, 461-145-0080(T),
461-145-0410(T), 461-180 -0130(T), 461-190-0211(T)
Last Date for Comment: 3-1-12, 5 p.m.
Summary: OAR 461-101-0010 about program acronyms and overview is being
amended to add JPI as the acronym for the Job Participation Incentive program,
an additional $10 food benefit to help increase the ability of single parents
with small children – who meet federal TANF participation requirements
– to provide for the nutritional needs of their families.
OAR
461-115-0705 is being amended to make permanent a temporary rule change
effective January 1, 2012 and reflect the elimination of OHP-OPU Student Status
eligibility criteria. The rule as amended no longer refers to the higher
education student requirements provided in OAR 461-135-1110, which is being
repealed.
OAR
461-120-0010 about residency requirements is being amended to include
exceptions that have been set out in other rules.
OAR
461-120-0030 about the state of residence for an individual in a medical
facility is being amended to indicate that the rule only applies to medical
programs and to follow federal regulations that apply individuals placed in a
medical facility in Oregon by a state agency in another state to indicate that
they are still considered residents of the placing state.
OAR
461-120-0050 setting out which individuals are considered incapable for forming
an intent to reside is being amended to indicate that the rule applies to the
Healthy Kids Connect (HKC) program and state in the rule how the Department
interprets some of its policies.
OAR
461-120-0110 about residency requirements is being amended to clarify the rule
by citing exceptions to its policies that are set out in other rules and by
using standard terminology.
OAR
461-120-0120 about the alien status requirements for the Refugee Assistance
(REF) and Refugee Assistance Medical (REFM) programs is being repealed and its
policy will be set out in OAR 461-120-0125.
OAR
461-120-0125 about the alien status requirements for programs other than the
Refugee Assistance (REF) and Refugee Assistance Medical (REFM) programs is
being amended to include REF and REFM. This rule is also being amended to
clarify how it applies to the Temporary Assistance for Domestic Violence
Survivors (TA-DVS) program and to update its terminology.
OAR
461-120-0130 about declaring citizenship or alien status is being amended to
align policy for all programs. The rule change will allow one adult member of
the filing group or an authorized representative to sign the statement
attesting to citizenship for everyone in the filing group.
OAR
461-120-0210 about the requirement to provide Social Security Numbers (SSN) is
being amended to clarify the programs covered some of the requirements of the
rule. No changes in policy are being made.
OAR
461-120-0315 about medical assignment is being amended to clarify in various
medical programs to whom the requirement applies to
turn over to the Department reimbursements for medical costs.
OAR
461-120-0330 about the requirement to pursue assets is being amended to clarity
the rule by updating terminology, adding cross-references, and specifying
programs more precisely.
OAR
461-120-0340 about the requirement to obtain child support from a non-
custodial parent is being amended to state that a caretaker relative is excused
from the requirement to pursue support if the filing group is a two-parent
family for whom deprivation is based on the unemployment or underemployment of
the primary wage earner. This rule is also being amended to make permanent the
temporary rule changes adopted October 5, 2011.
OAR
461-120-0350 about clients excused for good cause from compliance with the
requirements to pursue child support, medical support, and health care coverage
is being amended to clarify the rule by making its title more descriptive,
adding cross-references, and removing inapplicable cross-references.
OAR
461-120-0510 about age requirements for clients to receive benefits is being
amended and OAR 461-120-0530 about regular school attendance is being repealed
to include the policy about regular school attendance (for 18-year olds to be
eligible for certain programs) within OAR 461-120-0510.
OAR
461-120-0630 about the requirement to live with a caretaker or a caretaker
relative is being amended to clarify how it applies to the Temporary Assistance
for Domestic Violence Survivors (TA-DVS) program, update its terminology and to
remove an exemption that applied to the Refugee Assistance Medical (REFM)
program for eligible children in the custody of a public or private agency.
OAR
461-135-0075 about the limitation on the eligibility period for Temporary
Assistance for Needy Families (TANF) is being amended to state that months
beginning October 1, 2011 in which a filing group is a two-parent family
eligible for cash assistance based on the unemployment or underemployment of
the primary wage earner do not count towards the 60-month limitation on the
TANF eligibility period. This rule is also being amended to make permanent
temporary rule changes adopted on November 1, 2011.
OAR
461-135-1100 is being amended to make permanent temporary rule changes
effective January 1, 2012 and reflect the elimination of OHP-OPU Student Status
eligibility criteria and no longer refer to the higher education student
requirements that were in OAR 461-135-1110, which is being repealed. OAR
461-135-1100 is also being amended to align it with revisions of OAR 410-120-1960, 461-135-0990 and 461-155-0360 that centralize the
Health Insurance Premium Payment (HIPP) program. This amendment clarifies what
constitutes major medical insurance by eliminating the $10,000 coverage minimum
and stating what types of benefits an insurance policy must have to be
considered major medical.
OAR
461-135-1110 about eligible and ineligible students in the Oregon Health Plan
OPU program (coverage for adults who qualify under an income standard based on
100 percent of the federal poverty level) is being repealed to make permanent
the suspension of this rule that was effective January 1, 2010. Applicants and
recipients will no longer be required to meet the income requirements for a
Pell grant (having an estimated family contribution of $0), or be a student in
a program serving displaced workers under section 236 of the Trade Act of 1974
(19 USC 2296).
OAR
461-135-1210 which aligns TA-DVS definitions with TANF definitions is being
repealed. The rule is not used because OAR 461-135-1225 already aligns TA-DVS
policy with TANF.
OAR
461-135-1260 is being adopted to set out the specific requirements of the Job
Participation Incentive (JPI) program, which is part of the strategy to meet
federal requirements related to TANF participation and help increase the
ability of single parents with small children provide better nutrition to their
families. This rule is also being adopted to make permanent the temporary rule
adopted on October 1, 2011.
OAR
461-145-0080 about the treatment of child support and cash medical support in
the Department’s public assistance, medical, and SNAP programs is being amended
to state that, for on-going eligibility and benefit determination for TANF
clients for whom deprivation is based on the unemployment or underemployment of
the primary wage earner (PWE) in a two-parent household, except for the amount
disregarded, child support is considered countable unearned income. This rule
is also being amended to make permanent the temporary rule changes adopted
October 5, 2011.
OAR
461-145-0410 about how program benefits are treated in the eligibility process
is being amended to provide specifics regarding description of the Job Participation
Incentive (JPI) program benefits and how those benefits will be treated when
determining eligibility for other programs. This rule is also being adopted to
make permanent the temporary rule adopted on October 1, 2011.
OAR
461-155-0030 about income and payment standards is being amended to change how
the rule describes income limits for benefits in the JOBS and TANF programs.
This amendment cross-references another rule that displays income limits
representing 185 percent of the federal poverty level instead of duplicating
the tables.
OAR
461-155-0290, 461-155-0291, and 461-155-0295 about the income standards for the
QMB-BAS, QMB-DW, and QMB-SMB programs (Qualified Medicare Beneficiaries -
Basic, Disabled Worker, Special Medicare Beneficiaries) are being amended to
base their income standards on the 2012 federal poverty level. Currently, these
rules are based on the 2011 federal poverty level.
OAR
461-155-0500 sets out the general eligibility requirements for specific special
needs addressed in other rules (OAR 461-155-0510 to 461-155-0710). OAR
461-155-0500 is being amended to remove an obsolete reference to a repealed
rule (OAR 461-155-0693), and to add a reference to a current special needs rule
(OAR 461-155-0575). This amendment does not change any of the eligibility
requirements for specific special needs.
OAR
461-165-0180 about eligibility of child care providers
is being amended to add timelines for providers to return the child care
provider listing form to the Department. This change will require the provider
to submit a completed listing form within 15 calendar days from the date the
department issues the listing form.
OAR
461-170-0011 is being amended to set out the reporting requirements for clients
in the Job Participation Incentive (JPI) program, aligning these requirements
with SNAP cases in SRS. This rule is also being adopted to make permanent the
temporary rule adopted on October 1, 2011.
OAR
461-180-0130 is being amended to make permanent temporary changes initially
adopted on October 1, 2011 that to limit the restoration of benefits period for
the Job Participation Incentive (JPI) program to four months.
OAR
461-190-0211 about case plan activities and standards for support service
payments for the Department’s Temporary Assistance for Needy Families Job
Opportunity and Basic Skills (JOBS) program is being amended to make permanent
temporary rule changes adopted November 1, 2011 that modify program
restrictions implemented July 1, 2011 as a result of budget reductions from the
2011 legislative session. The changes include stating the policies that apply
to the Pre-TANF program; allowing individuals exempt from JOBS participation
because of a child under two to volunteer for the JOBS program as slots are
available; extending the length of unpaid work-site agreements from 60 days to
four months in order to increase the period of time individuals may participate
in work experience and supported work (the extended period could increase the
number of employers interested in offering work-site slots, expanding the
variety of work experience opportunities available to participants); removing
the monthly transportation support services limit of $50 per month which will
allow flexibility to address family needs within the monthly maximum support services
limit; increasing the monthly maximum support services limit per family by $50
which will offset the impact the removal of the $50 monthly transportation
limit will have against child care and other support services within the
monthly maximum; allowing Department-approved support services exceptions to be
implemented; and aligning changes to meet requirements in ORS 412.124 and
clarifying that Post-TANF clients may have a case plan even if otherwise exempt
from JOBS if they need additional participation hours to maintain eligibility.
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 March 1, 2012 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 - Children, Adults, and Families Division, 500 Summer Street
NE, E-48, Salem, Oregon, 97301. The Department provides the same consideration
to written comment as it does to any oral or written testimony provided at the
public hearing.
Rules Coordinator: Annette Tesch
Address: Department of Human Services, Children, Adults and
Families Division: Self-Sufficiency Programs, 500 Summer St. NE, E-48, Salem,
OR 97301
Telephone: (503) 945-6067
Rule
Caption: Developmental Disability
Services Health Care Representative.
Date: Time: Location:
2-15-12 1:30
p.m. 500
Summer St. NE
Rms.
137AB
Salem,
OR 97301
Hearing Officer: Staff
Stat. Auth.: ORS 409.050, 410.070, & 430.640
Other Auth.: HB 2375 (2011), Ch. 149 (2011 OL) & HB 2652 (2011), Ch.194
(2011 OL)
Stats. Implemented: ORS 183.415, 427.005, 427.007, & 430.610– 430.670
Proposed Amendments: 411-365-0100, 411-365-0120, 411-365-0140, 411-365-0160,
411-365-0180, 411-365-0200, 411-365-0220, 411-365-0240, 411-365-0260,
411-365-0280, 411-365-0300, 411-365-0320
Last Date for Comment: 2-21-12, 5 p.m.
Summary: To implement House Bill 2375 and House Bill 2652 from the 2011
legislative session, the Department of Human Services (Department) is proposing
to amend the health care representative rules for individuals with
developmental disabilities in OAR chapter 411, division 365 that prescribe
standards by which a health care representative may be appointed for adult
individuals with developmental disabilities who reside in many 24 hour
residential services sites. Specifically, the proposed rules:
•
Include the appointment of a health care representative for adult individuals
residing in licensed adult foster homes for individuals with developmental
disabilities under OAR chapter 411, division 360, previously only allowed
through a variance process;
•
Clearly define who may or may not be appointed as a health care representative;
•
Further describe the expanded membership of an ISP team used to appoint a
health care representative; and
• Clean up old, obsolete language to reflect current
Department standards.
Rules Coordinator: Christina Hartman
Address: Department of Human Services, Seniors and People with
Disabilities Division, 500 Summer St. NE, E-10, Salem, OR 97301
Telephone: (503) 945-6398
Rule
Caption: Clarifies processes for Self Alleged
Father cases.
Stat.
Auth.: ORS 180.345
Stats. Implemented: ORS 25.080
Proposed Amendments: 137-055-3080
Last Date for
Comment: 3-2-12, 5 p.m.
Summary: OAR 137-055-3080 is being amended to clarify the
process in good cause and Self Alleged Father cases.
Rules Coordinator: Carol Riches
Address: Department of Justice, 1162 Court St. NE, Salem, OR
97301
Telephone: (503) 947-4700
Rule
Caption: Rule for legislative intent
regarding ODOT’s relationship with the Department of
Aviation.
Stat.
Auth.: 184.616, 184.619, & 2011 OL
Ch. 630
Stats. Implemented: 2011 OL Ch. 630
Proposed Adoptions: 731-003-0005
Proposed Repeals: 731-003-0005(T)
Last Date for
Comment: 2-21-12, 4 p.m.
Summary: Enacted legislation stated that ODOT would need to
adopt rules for the business processes identified. Adoption of rules for
policies and procedures already in place in ODOT would be extensive for each
business process related to financial transactions. ODOT uses a process where
all divisions, which will include ODA, assist in development and review of
these policies and procedures contained in the Financial Administration and
Standards Manuel (FASM).
ODOT needs a rule to provide Aviation
and the public with guidance on what information Aviation must comply with. The
rule also requires that ODOT’s relationship with
Aviation be guided by an intergovernmental agreement. This information is
necessary for ODOT and Aviation to have a clear understanding of their working
relationship and to enhance Aviation’s ability to provide services to
Oregonians. This rule replaces a temporary rule that became effective on
September 30, 2011.
Rules Coordinator: Lauri Kunze
Address: Department of Transportation, 3930 Fairview Industrial
Dr. SE, Salem, OR 97302
Telephone: (503) 986-3171
Rule
Caption: Increases manufacturing fee
collected for a pair of registration plates. Supersedes notice published
November 2011.
Stat.
Auth.: ORS 184.616, 184.619, 802.010
& 803.570
Stats. Implemented: ORS 803.570
Proposed Amendments: 735-032-0010
Last Date for
Comment: 2-21-12, 4 p.m.
Summary: This Notice supersedes the same as published in the
November 1, 2011 Oregon Bulletin. The rule amendment is needed to bring OAR
735-032-0010 into compliance with ORS 803.570. Failure to amend the rule will
result in an inconsistency between the statute and rule and result in a loss of
revenues collected for the State Highway Fund.
ORS 803.570 requires DMV to establish,
by rule, the registration plate manufacturing cost for a registration plate or
pair of registration plates. The cost established by DMV is calculated by
taking the cost to manufacture a single plate or pair of plates, and rounding
the amount(s) charged DMV customers to the next higher half-dollar. DMV has
adopted OAR 735-032-0010 to set the registration plate manufacturing cost
amounts. (Currently, the plate manufacturing cost amount is $2 for a single
plate and $3 for a pair of plates.) The plate manufacturing cost amount is then
added to the statutory fee set forth in ORS 803.570 which is $10 for a single plate and $20 for a pair of plates. The total, which is
also established in OAR 735-032-0010, is the registration plate fee that must
be paid when a registration plate or pair of registration plates is issued to a
customer.
In January 2011, DMV renewed a 10-year
agreement (Agreement) with Irwin-Hodson Group
(Contractor) to manufacture registration plates for DMV. Under the Agreement,
DMV’s cost for a pair of plates increased from $3 to $3.43, which when rounded
to the next higher half-dollar is $3.50. DMV delayed immediately raising the
registration plate fee due to a large inventory of plates on hand at the time
of the Agreement.
In October 2011, DMV filed notice to
amend OAR 735-032-0010 to increase from $3 to $3.50, the manufacturing cost
amount charged for each pair of plates issued [emphasis]. The increase was
scheduled to become effective January 1, 2012.
Shortly after the rule was noticed,
but before the effective date, DMV entered into a 12-month price agreement with
the Contractor. Under the new price agreement, DMV’s cost for a pair of plates
increased from $3.43 to $3.52, which when rounded to the nearest half-dollar is
$4. The increase is needed to cover an increase in the Contractor’s cost to
manufacture a pair of plates.
DMV is now re-noticing the proposed
amendment of OAR 735-032-0010 to increase from $3 to $4, the manufacturing cost
amount charged for each pair of registration plates issued. As a result, the
registration plate fee for a pair of plates will rise from $23.00 to $24.00.
The proposed effective date of the rule and fee increase is April 1, 2012.
Text of proposed and recently adopted
ODOT rules can be found at web site http://www.oregon.gov/ODOT/CS/RULES/
Rules Coordinator: Lauri Kunze
Address: Department of Transportation, Driver and Motor Vehicle
Services Division, 3930 Fairview Industrial Dr. SE, Salem, OR 97302
Telephone: (503) 986-3171
Rule
Caption: Outdoor advertising sign
application process.
Stat.
Auth.: ORS 184.616, 184.619, 377.710,
377.715, 377.725, 377.729, 377.753, &2011 OL Ch. 562
Stats. Implemented: ORS 377.710, 377.715, 377.720, 377.725, 377.750 &
377.767
Proposed Adoptions: 734-060-0007
Proposed Amendments: 734-060-0000, 734-060-0010, 734-065-0015,
734-065-0020, 734-065-0025
Proposed Repeals: 734-060-0000(T), 734-060-0007(T)
Last Date for
Comment: 2-21-12, 4 p.m.
Summary: OAR 734-060-0000 outlines the process for filing an
application for an outdoor advertising sign. OAR 734-060-0007 outlines the
process for filing an application for a digital billboard, which is a subset of
outdoor advertising signs specifically authorized in SB 639. Temporary rules
were filed in July 2011 implementing SB 639. These amendments revise the
language of the temporary rules and permanently implement SB 639 provisions.
OAR 734-060-0010 outlines the process
for requesting an outdoor advertising sign permit for a sign on a transit
shelter. OAR 734-065-0015, 734-065-0020 and 734-065-0025 outline the process for requesting an outdoor advertising sign permit for a sign on a
transit shelter. These amendments allow an easier process for applicants to
request the permit and change the size to the industry standard for such signs.
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, Highway Division, 3930 Fairview Industrial Dr. SE, Salem, OR 97302
Telephone: (503) 986-3171
Rule
Caption: Update statutory reference
and add description to similar violations.
Stat.
Auth.: ORS 184.616, 184.619, 823.011, 825.232
Stats. Implemented: ORS 825.250, 825.410, 825.950, 825.955
Proposed Amendments: 740-300-0060
Last Date for
Comment: 2-21-12, 4 p.m.
Summary: These rules describe the general penalties for
violations of statutes and rules related to motor carrier safety and describe
the progressive levels of penalties. The level of penalties assessed is based
on the motor carrier’s compliance history. A motor carrier that repeats similar
violations is subject to a suspension of operating authority, in addition to
any authorized monetary penalties. The current rule describes “similar
violations,” however the list is not complete. The proposed amendment adds
violations of drug and alcohol testing or use to the classifications for which similar
violations are determined. Currently, a violation related to drug and alcohol
testing or use is described as a similar violation under the description of:
“Records and reports not included in subsections (a), (b) or (c) of this
section.” In order to clarify the rule, the amendment proposes that drug and
alcohol testing or use be given its own “similar violation” description. In
addition, the proposed amendment updates a statutory change made to ORS
825.955.
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, Motor Carrier
Transportation Division, 3930 Fairview Industrial Dr. SE, Salem, OR 97302
Telephone: (503) 986-3171
Rule
Caption: Conservatorship Fees and
Services.
Date: Time: Location:
2-15-12 1:30–3
p.m. Veterans’
Bldg. Auditorium
700
Summer St. NE
Salem,
OR
Hearing Officer: Bruce Craig
Stat. Auth.: ORS 113.085, 406.030, 406.040, 406.050(5), (6) & 406.100
Other Auth.: 38 USCS 5502 and CFR Ch. 61 Sec. 5506
Stats. Implemented: ORS 406.050, 406.100 & 406.120
Proposed Adoptions: 274-015-0020
Proposed Amendments: 274-015-0010
Last Date for Comment: 2-15-12, 5 p.m.
Summary: The amendment to 274-015-0010 is proposed in order to relieve the
agency’s Loan Program from subsidizing the Conservatorship Program. ODVA is
proposing to raise the fee amounts in three areas as follows: Property
Management, Appraisal, and Inspection.
The
adoption of 274-015-0020 provides for he agency for act as Representative
Payee. The fee rate for this service is the amount which is federally allowed.
Rules Coordinator: Bruce Craig
Address: Department of Veterans’ Affairs, 700 Summer St. NE, Salem, OR 97301-1285
Telephone: (503) 373-2327
Rule
Caption: Updates due to legislative
changes; clarifies eligibility for individuals in training.
Stat.
Auth.: ORS 657.610
Stats. Implemented: ORS 657
Proposed Amendments: 471-030-0080
Last Date for
Comment: 2-24-12, Close of Business
Summary: The proposed amendments to OAR 471-030-0080 make the
following changes:
• Revise “Professional Technical
Training” to “Career and Technical Training” as a result of changes in HB 2109,
which passed in the 2009 Legislative Session.
• Defines when the
Director may waive the requirement that an individual be a full time student to
be approved for training. This change removes the reference to ORS
657.337, which was repealed by HB 2203 in the 2009 Legislative Session.
• Clarify eligibility requirements for
unemployment benefits to individuals who are in approved training. Individuals
who do not attend their approved training during the week are required to meet
regular unemployment insurance eligibility requirements for those weeks.
Rules Coordinator: Courtney Brooks
Address: Employment Department, 875 Union St. NE, Salem, OR
97311
Telephone: (503) 947-1724
Rule
Caption: Amend rules governing Oregon’s
implementation of Federal Coastal Zone Management Act consistency requirements.
Date: Time: Location:
3-15-12 9
a.m. Newport
City Hall
Council
Chambers
169
SW Coast Hwy.
Newport,
OR 97365
Hearing Officer: LCDC
Stat. Auth.: ORS 197.040 & 183.332
Other Auth.: 15 CFR Part 930
Stats. Implemented: ORS 196.435
Proposed Amendments: 660-035-0000, 660-035-0010, 660-035- 0020, 660-035-0030,
660-035-0040, 660-035-0050, 660-035-0060, 660-035-0070, 660-035-0080
Last Date for Comment: 3-15-12, 9 a.m.
Summary: The federal Coastal Zone Management Act of 1972, as amended,
contains a “federal consistency” provision that allows states with an approved
coastal management program to review federal activities affecting coastal uses
or resources. The Department of Land Conservation and Development (department)
is Oregon’s designated coastal zone management agency, and administers Oregon’s
federal consistency program. The department administers federal consistency
reviews according to the federal requirements outlined in 15 CFR Part 930, and
the corollary state rules in OAR chapter 660, division 35. The proposed
amendments update division 35 to reflect changes in federal requirements since
the rule was last updated, and to clarify that the department will follow the
requirements of 15 CFR Part 930 when performing consistency reviews.
Housekeeping and technical corrections to the rules may be proposed to ensure
rule consistency.
Rules Coordinator: Casaria Tuttle
Address: Land Conservation and Development Department, 635 Capitol
St. NE, Suite 150, Salem, OR 97301
Telephone: (503) 373-0050, ext. 322
Rule
Caption: Student physical restraint
and seclusion requirements for public education programs.
Stat.
Auth.: ORS 326.051
Stats. Implemented: 2011 OL Ch. 665 (Enrolled HB 2939)
Proposed Repeals: 581-021-0062
Last Date for
Comment: 2-22-12, 5 p.m.
Summary: HB 2939 was enacted in 2011. To implement this
legislation the state board drafted 6 new rules to replace this existing rule which is being repealed. These new rules relate to
physical restraint and seclusion in public education programs and implement HB
2939 enacted by the 2011
Legislature. The rules:
(1) Specify when restraint methods may
be used and what types of restraint may be used on students.
(2) Procedures regarding restraint and
seclusion.
(3) Reporting requirements for public
education programs.
(4) Approval of training programs on
restraint and seclusion.
(5) Use of training programs by public
education programs.
Rules Coordinator: Cindy Hunt
Address: Oregon Department of Education, 255 Capitol St. NE,
Salem, OR 97310
Telephone: (503) 947-5651
Rule Caption: FCHP Non-contracted Hospital reimbursement rate methodology
change.
Date: Time: Location:
3-19-12 10:30
a.m. DHS
Bldg., HR 137C
500
Summer St. NE
Salem,
OR
Hearing Officer: Darlene Nelson
Stat. Auth.: ORS 413.042
Other Auth.: SB 101 (2011 Oregon Legislative Assembly)
Stats. Implemented: ORS 414.025, 414.065, 414.705 & 414.743
Proposed Amendments: 410-120-1295
Last Date for Comment: 3-20-12, Close of Business
Summary: Having Temporarily amended 410-120-1295 effective October 1, 2011, DMAP will permanently amend this rule, to allow
providers to be reimbursed at the correct rate for services rendered on or
after Oct. 1. The formula established by the reimbursement methodology in ORS
414.743 gives correct and appropriate information to hospitals and managed care
organizations when applying the formula to claims for reimbursement for
services rendered to medical assistance clients. The statute is based on the
budget period that coordinates with the managed care and Division contracts.
Rules Coordinator: Darlene Nelson
Address: Oregon Health Authority, Division of Medical
Assistance Programs, 500 Summer St. NE, Salem, OR
97301
Telephone: (503) 945-6927
Rule
Caption: Hospital Provider Tax Rate
Decrease.
Stat.
Auth.: ORS 413.042
Stats. Implemented: 2009 OL Ch. 867 §17, 2007 OL Ch. 780 § 1 & 2003 OL
Ch. 736 § 2 & 3
Proposed Amendments: 410-050-0861
Proposed Repeals: 410-050-0861(T)
Last Date for
Comment: 2-22-12, 5 p.m.
Summary: This proposed hospital provider tax rule decreases the
hospital provider tax rate from 5.08% to 4.32% effective January 1, 2012. Upon
adoption of this rule, the temporary rule, effective January 1, 2012, will be
repealed.
Proposed rules are available on the
DHS Website: http://www.oregon.gov/DHS/admin/dwssrules/index.shtml
For hardcopy requests, call: (503)
947-5250.
Rules Coordinator: Darlene Nelson
Address: Oregon Health Authority, Division of Medical
Assistance Programs, 500 Summer St. NE, Salem, OR
97301
Telephone: (503) 945-6927
Rule
Caption: Amendment of Oregon
Prescription Drug Program rules.
Stat.
Auth.: ORS 413.042
Stats. Implemented: ORS 414.312–414.320
Proposed Amendments: 410-121-2000, 410-121-2005, 410-121-2010,
410-121-2020, 410-121-2030, 410-121-2050, 410-121-0265
Last Date for
Comment: 2-24-12, 5 p.m.
Summary: The Oregon Prescription Drug Program is amending these
rules to update definitions, add a definition for mail order pharmacy, update
terminology and make grammatical corrections.
Please send comments or questions to Evonne Alderete 500
Summer St. NE, Salem, Oregon 97301 (503-932-9663)
Rules Coordinator: Darlene Nelson
Address: Oregon Health Authority, Division of Medical
Assistance Programs, 500 Summer St. NE, Salem, OR
97301
Telephone: (503) 945-6927
Rule Caption: Amendments to Patient-Centered Primary Care Home Program Rules.
Date: Time: Location:
2-15-12 3
p.m. 1225
Ferry St SE
Mt. Neahkanie Rm. (1st floor)
Salem,
OR
Hearing Officer: Zarie Haverkate
Stat. Auth.: ORS 413.042, 414.655 & 442.210
Other Auth.: 2011 OL Ch. 602 (HB 3650)
Stats. Implemented: ORS 413.042, 414.655 & 442.210
Proposed Adoptions: 409-055-0090
Proposed Amendments: 409-055-0000, 409-055-0010, 409-055-0020, 409-055-0030,
409-055-0040, 409-055-0050, 409-055-0060, 409-055-0070, & 409-055-0080
Proposed Repeals: 409-055-0000(T), 409-055-0010(T), 409-055-0020(T),
409-055-0030(T), 409-055-0040(T), 409-055-0050(T), 409-055-0060(T),
409-055-0070(T), 409-055-0080(T)
Last Date for Comment: 2-17-12, 5 p.m.
Summary: The Oregon Health Authority (OHA), Office for Oregon Health
Policy and Research (OHPR) is adopting administrative rules for the
Patient-Centered Primary Care Home (PCPCH) Program. The rules implement PCPCH
standards, reporting, and recognition process and other applicable mandates of
ORS 442.210, enacted by the 74th Legislative Assembly and ORS 414.655, enacted
by the 75th Legislative Assembly. These proposed rules are intended to fulfill
the mandates by prescribing the standards used for practices to qualify as PCPCHs, the reporting requirements for PCPCHs,
and the process used to recognize PCPCHs.
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: Amendments to Physician
Credentialing and Recredentialing rules.
Stat.
Auth.: ORS 442.807
Stats. Implemented: ORS 442.800–442.807
Proposed Amendments: 409-045-0000
Proposed Repeals: 409-045-0000(T)
Last Date for
Comment: 4-30-12, 5 p.m.
Summary: The Oregon Health Authority, Office for Oregon Health
Policy and Research is implementing amendments to the Physician Credentialing
and Recredentialing forms for 2012 as approved by the
Advisory Committee on Physician Credentialing Information on September 28,
2011.
These proposed rules are available on
the OHPR Website: http://www.oregon.gov/OHA/OHPR/rulemaking/index.shtml
For hardcopy requests, call: (503)
373-1574.
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: Implements changes to
temporary restaurant licensing standards due to passage of House Bill 2868
(2011).
Date: Time: Location:
2-16-12 2:30
p.m. Portland
State Office Bldg.
800
NE Oregon St., Rm. 1B
Portland,
OR 97232
Hearing Officer: Jana Fussell
Stat. Auth.: ORS 446.425, 448.100, 624.041 & 624.510
Stats. Implemented: ORS 446.425, 448.100, 624.041, 624.510 & HB 2868 (OL 2011 Ch.
664)
Proposed Adoptions: 333-157-0073, 333-157-0077
Proposed Amendments: 333-012-0053, 333-012-0055
Last Date for Comment: 2-22-12, 5 p.m.
Summary: The Oregon Health Authority, Public Health Division is proposing
to permanently adopt and amend administrative rules in chapter 333, divisions
12 and 157. The proposed rules implement the provisions of House Bill 2868,
passed during the 2011 Oregon Legislative Session, which changes the licensing
model for temporary restaurant facilities. House Bill 2868 was a collaborative
effort of the temporary restaurant industry and state and local regulatory
officials to improve the licensing model by reducing the costs of operating
temporary restaurants by industry but still allowing regulatory officials to assure
adequate public health protection. House Bill 2868 created new licensing
categories that extend the period of time that licenses are valid and allows
local health departments to conduct a comprehensive review of the operation’s
food safety practices.
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: Registry of emergency health
care services volunteers to include previously licensed health professionals.
Date: Time: Location:
2-16-12 1:15
p.m. Portland
State Office Bldg.
800
NE Oregon St., Rm. 1C
Portland,
OR 97232
Hearing Officer: Jana Fussell
Stat. Auth.: ORS 401.651–401.670 & 2011 OL Ch. 89
Stats. Implemented: ORS 401.651–401.670 & 2011 OL Ch. 89
Proposed Adoptions: 333-003-0117, 333-003-0119
Proposed Amendments: 333-003-0105, 333-003-0110, 333-003-0115, 333-003-0118,
333-003-0125, 333-003-0140, 333-003-0210
Last Date for Comment: 2-22-12, 5 p.m.
Summary: The Oregon Health Authority, Public Health Division is proposing
to permanently adopt and amend Oregon Administrative Rules relating to the
registration and activation of emergency health care services volunteers in
response to the passage of SB 563 during the 2011 legislative session.
These
rules address the registration, training, background check process, activation
and extended liability protection and workers’ compensation protection to
qualified emergency service volunteers. The rules also help to build more programmatic
structure and streamline processes to strengthen the registration process of
emergency health care services volunteers to include previously licensed health
professionals.
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: To adopt Employee Criminal
Records Check and Fitness Determination for ORHIX.
Stat.
Auth.: SB 99 (2011)
Stats. Implemented:
Proposed Adoptions: 945-010-0000, 945-010-0005, 945-010-0010,
945-010-0020, 945-010-0030, 945-010-0040, 945-010-0050, 945-010-0060,
945-010-0070, 945-010-0080, 945-010-0090, 945-010-0090, 945-010-0100
Last Date for
Comment: 3-1-12, Close of Business
Summary: The Oregon Health Insurance Exchange Corporation is
temporarily adopting new rules to address the need for criminal background and
fitness determination checks for persons employed or applying for employment to
the corporation. This rule is developed in compliance with statutory
requirement included in SB 99 (2011) Section 20.
Rules Coordinator: Claudia Grimm
Address: Oregon Health Insurance Exchange, 3414 Cherry Ave. NE,
Suite 190, Salem, OR 97303
Telephone: (503) 373-9404
Rule Caption: To adopt Model Rules of Procedure for
ORHIX.
Stat.
Auth.: SB 99 (2011)
Stats. Implemented:
Proposed Adoptions: 945-001-0000, 945-001-0005, 945-001-0010
Last Date for
Comment: 3-1-12, Close of Business
Summary: The Oregon Health Insurance Exchange Corporation is
temporarily adopting new rules to address the need for model rules for
procedure. This rule is developed in compliance with statutory requirement
included in SB 99 (2011) Section 3 (15).
Rules Coordinator: Claudia Grimm
Address: Oregon Health Insurance Exchange, 3414 Cherry Ave. NE,
Suite 190, Salem, OR 97303
Telephone: (503) 373-9404
Rule
Caption: Amends rules to reflect
program requirements, industry standards and ensures consistency with statutory
requirements.
Date: Time: Location:
3-6-12 10
a.m. 725
Summer St. NE, Rm. 124
Salem,
OR
Hearing Officer: Roberto Franco
Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 456.620, 456.625 & 456.655
Proposed Adoptions: 813-044-0055
Proposed Amendments: 813-044-0000, 813-044-0030, 813-044-0040, 813-044-0050
Proposed Repeals: 813-044-0010, 813-044-0020, 813-044-0060, 813-044-0000(T),
813-044-0030(T), 813-044-0040(T), 813-044-0050(T), 813-044-0055(T)
Last Date for Comment: 3-15-12, 5 p.m.
Summary: These rules have been reviewed for statutory compliance and are
intended to reflect the operation of the program. In many cases, rules have
been renumbered for ease of understanding and to ensure clarity.
813-044-0000
Clarifies the purpose and objectives of the rules.
813-044-0010
The definitions for the rules will be centralized in the department’s general
and procedural rules. This rule has been repealed.
813-044-0020
This rule is repealed as this information is procedural and is contained within
the Program’s Procedural Guide.
813-044-0030
Amendments provide clarification on how funds in the program will be
distributed.
813-044-0040
Amendments provide clarification on the application procedure and requirements
for an organization applying for a grant from the program. Language has been
included to reflect that supplemental application charges shall be paid by an
organization that requests additional resources.
813-044-0050
Provides clarification regarding the department’s
consideration of individual proposals and the use of competitive funds.
813-044-0055
This new rule sets out the requirements for an organization that receives a
grant under the program.
813-044-0060
These rules will be repealed. The rules clarify when a loan is eligible for purchase
under the program.
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 rules to reflect program requirements, industry
standards and ensures consistency with statutory requirements.
Date: Time: Location:
3-6-12 10
a.m. 725
Summer St. NE, Rm, 124
Salem
OR 97301
Hearing Officer: Roberto Franco
Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 456.620, 456.635 & 456.650
Proposed Amendments: 813-020-0005, 813-020-0020, 813-020-0025, 813-020-0035,
813-020-0045, 813-020-0060, 813-020-0070
Proposed Repeals: 813-020-0010, 813-020-0015, 813-020-0016, 813-020-0033,
813-020-0005(T), 813-020-0020(T), 813-020-0025(T), 813-020-0035(T),
813-020-0045(T), 813-020-0060(T), 813-020-0070(T)
Proposed Ren.
& Amends: 813-020-0017 to 813-020-0021,
813-020-0030 to 813-020-0022, 813-020-0040 to 813-020-0046, 813-020-0041 to
813-020-0047, 813-020-0042 to 813-020-0048, 813-020-0032 to 813-020-0049,
813-020-0024 to 813-020-0054, 813-020-0050 to 813-020-0056, 813-020-0051 to
813-020-0057
Last Date for Comment: 3-15-12, Close of Business
Summary: These rules have been reviewed for statutory compliance and are
intended to reflect the operation of the program. In several cases, rules have
been renumbered for ease and clarity of the rules.
813-020-0005
Clarifies the purpose and objectives of the rules.
813-020-0010
The definitions for the rules will be centralized in the department’s general
ad procedural rules. This rule has been repealed.
813-020-0015
This rule is repealed as this information is procedural and is contained within
the Program’s Procedural Guide.
813-020-0017 (Renumbered to 813-020-0021) -Amendments clarify the purpose and objective of the rules.
813-020-0020
Amendments clarify the purpose and objective of the rules. Repealed language is
procedural and is contained within the Program’s Procedural Guide.
813-020-0024
(Renumbered to 813-020-0054) Amendments clarify when, and the requirements for,
a borrower to transfer ownership in a property financed by program funds
813-020-0025
Clarifies when a loan is eligible for purchase under the program.
813-020-0030
(Renumbered to 813-020-0022) - Amendments are intended for clarification of the
program requirements.
813-020-0032 (Renumbered to 813-020-0040) Provides clarification for the permission use and requirements for property financed by the program.
813-020-0033
This rule will be repealed. The information is procedural and is contained
within the Program’s Procedural
813-020-0035
Amendments are intended to clarify the eligibility criteria for residences to
participate in the program.
813-020-0040
(Renumbered to 813-020-0046) Amendments include an adjustment of the loan
amount requiring mortgage insurance.
813-020-0041
(Renumbered for 813-020-0047) Clarifies the
requirement for title insurance for loans under the program.
813-020-0042
(Renumbered to 813-020-0048) Clarifies the requirement
for hazard insurance for loans under the program.
813-020-0045
Amendments are intended to clarify lender action on a loan application for the
program.
813-020-0050
(Renumbered to 813-020-0056) Amendments to these rules clarify approved
servicers that may participate under the program.
813-020-0051
(Renumbered to 813-020-0057) Amendments are generally administrative in nature
and are intended for clarification only.
813-020-0060
Amendments serve to provide clarification and reference to specific regulations
that are applicable for qualifications as a ‘Special Purpose Credit Program.’
813-020-0070
Amendments to this rule are intended to clarify any federal eligibility
requirements pertinent to participation in the program.
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: Amendments clarifying where
minors are allowed on a licensed premises and a minor
employee’s duties.
Date: Time: Location:
2-23-12 10
a.m. 9079
SE McLoughlin Blvd.
Portland,
OR 97222
Hearing Officer: Jennifer Huntsman
Stat. Auth.: ORS 471, 471.030, 471.040, 471.430, 471.482 & 471.730
Stats. Implemented: ORS 471.130, 471.410, 471.430, 471.480 & 471.482
Proposed Amendments: 845-006-0335
Last Date for Comment: 3-8-12, 5 p.m.
Summary: This rule describes the requirements and responsibilities of
licensees and permittees to prevent minors from
purchasing and consuming alcohol on their premises or from being in an area
that is prohibited to minors. In section (6) regarding minor entertainers,
staff recommends minor amendments to clarify our expectation that if a minor
entertainer is not performing and a Commission approved area has not been
designated on the licensed premises (on the floor plan) where the minor stays
when not performing, then the minor entertainer must be off of the licenses
premises. Our regulatory staff is seeing more licensees choosing not to
designate an approved area on their licensed premises, but rather utilizing
options such as trailers in parking lots, and our public safety interest is to
clearly know where minors will be so that we can help ensure that no minors are
in possession of alcoholic beverages. Staff also recommends amending section (4)
regarding minor employees and service permittees in
order to reflect recent minor posting changes made in the Minor Posting rule. A
complete rewrite and reorganization of the language regarding the allowance of
these minors in various posted areas, as well as what duties they are allowed
to perform, is proposed to improve clarity. And finally, staff recommends
deletion of language in sections (3)(a) (and (2)(b)) to clarify that this rule
section should only be used to charge allowing a minor to drink. Selling or
serving minors would instead be charged under the applicable statute (ORS
471.410(2)), or as we typically do instead, charged under section (1) of this
rule for failure to verify age. The statute has a knowingly or “with knowledge”
element required for selling and serving to a minor, but there is no such
limitation for allowing a minor to drink.
Rules Coordinator: Jennifer Huntsman
Address: Oregon Liquor Control Commission, 9079 SE McLoughlin Blvd., Portland, OR 97222
Telephone: (503) 872-5004
Rule
Caption: Add additional same-day
delivery option to accommodate alcohol deliveries with evening meal orders.
Date: Time: Location:
2-22-12 10
a.m. 9079
SE McLoughlin Blvd.
Portland,
OR 97222
Hearing Officer: Jennifer Huntsman
Stat. Auth.: ORS 471, 471.030, 471.040, 471.186 & 471.730(1) & (5)
Stats. Implemented: ORS 471.186, 471.282, 471.305 & 473
Proposed Amendments: 845-006-0392, 845-006-0396
Last Date for Comment: 3-7-12, 5 p.m.
Summary: The Commission accepted a petition from Nathaniel Paschal (Restaurant
Retrievers LLC) requesting amendment of OAR 845-006-0396 which describes the
requirements for same-day delivery of malt beverages to a resident of Oregon.
Because it contains parallel language, rulemaking was also initiated for OAR
845-006-0392 which describes same-day delivery requirements for wine or cider.
The proposed amendments would allow the delivery of malt beverages and wine
with evening meal orders from restaurants with an Off-Premises license
privilege. The proposed amendments would allow the additional option of
delivering up to 1.25 gallons (two 6-packs) of malt beverage and 2 (standard)
bottles of wine to an Oregon residence per day, to be delivered until 9:00
p.m., and with an order placement deadline of 7:00 p.m. The proposed amendments
also include in both OAR 845-006-0392 (8) and OAR 845-006-0396 (5) leaving both
(b) & (c) options, which include unlimited amounts of alcohol being
delivered, the same, and amending (a) & (d), that contain specific quantity
limits, so that daily delivery amounts are per “residence”.
Rules Coordinator: Jennifer Huntsman
Address: Oregon Liquor Control Commission, 9079 SE McLoughlin Blvd., Portland, OR 97222
Telephone: (503) 872-5004
Rule
Caption: Address allocation of
administrative expenses based on Court of Appeals ruling in Murray contested
case.
Date: Time: Location:
2-28-12 3
p.m. PERS
Boardroom
11410
SW 68th Pkwy.
Tigard,
OR 97223
Hearing Officer: Daniel Rivas
Stat. Auth.: ORS 238.260, 238.650 & 238A.450
Stats. Implemented: ORS 238 & 238A.350
Proposed Amendments: 459-007-0005
Last Date for Comment: 3-1-12, Close of Business
Summary: In a recent contested case, Murray v. Public Employees Retirement
Bd., 235 Or App 262, 230 P3d 993 (2010), the Court of Appeals held that the
PERS Board “erred in concluding that the Variable Account was required in 2001
and 2002 to pay a pro rata share of PERS administrative expenses from principal
rather than from interest.”
The
Court of Appeals decision requires the Board to change the way administrative
expenses of Variable are paid in years in which the earnings in that account
are insufficient to cover its expenses. To the extent the earnings are
sufficient to cover all or a portion of the expenses, the expenses will
continue to be charged to each participant on a pro rata basis. Following the
Court of Appeals decision, any shortfall must be paid from a different source.
That source does not need to be determined until the next year in which
Variable earnings are less than the expenses of that account.
The
amendments to OAR 459-007-0005, Annual Earnings
Crediting, reflect the changes to the allocation of
administrative expenses resulting from the Murray case.
Rules Coordinator: Daniel Rivas
Address: Oregon Public Employees Retirement System, PO Box
23700, Tigard, OR 97281
Telephone: (503) 603-7713
Rule
Caption: Minor updates to definitions
in disability rules.
Date: Time: Location:
2-28-12 3
p.m. PERS
Boardroom
11410
SW 68th Pkwy.
Tigard,
OR 97223
Hearing Officer: Daniel Rivas
Stat. Auth.: ORS 238.650 & 238A.450
Stats. Implemented: ORS 238.320–238.345, 238A.235
Proposed Amendments: 459-015-0020, 459-076-0020
Last Date for Comment: 3-1-12, Close of Business
Summary: This update to OARs 459-015-0020 and
459-076-0020 is a housekeeping edit to correctly use the term “date of
separation” for when PERS may begin paying disability benefits to a disability
recipient. The definitions “date of termination” and “date of separation” were amended during the recent disability rulemaking and
this change to the rules was overlooked.
Rules Coordinator: Daniel Rivas
Address: Oregon Public Employees Retirement System, PO Box
23700, Tigard, OR 97281
Telephone: (503) 603-7713
Rule
Caption: Clarify requirements included
in petitions for reconsideration.
Date: Time: Location:
2-28-12 3
p.m. PERS
Boardroom
11410
SW 68th Pkwy.
Tigard,
OR 97223
Hearing Officer: Daniel Rivas
Stat. Auth.: ORS 238.650
Stats. Implemented: ORS 183.413–183.470 & 183.482
Proposed Amendments: 459-001-0025, 459-001-0040
Last Date for Comment: 3-1-12, Close of Business
Summary: In 2008, PERS adopted changes to OAR 459-001-0040 relating to
reviews of petitions for reconsideration of a final order in a contested case.
Those modifications conformed to the Department of Justice (DOJ) Model Rules of
Procedure. During that rulemaking, section (2) of 459-001-0040 was deleted,
which clarified specific information to be included in a petition for
reconsideration. That rulemaking, however, did not modify OAR 459-001-0025,
which references the now-deleted section (2) of OAR 459-001-0040.
These
proposed modifications delete the outdated citation. Instead, adopting these
modifications would delegate from the PERS Board to the Director the authority
to deny any petition that does not set forth the specific grounds for
reconsideration. This is an admittedly subjective standard and, in practice,
staff has broadly accepted petitions for reconsideration even if they do not
fit within the criteria referenced. Staff would appreciate any public comment
about the appropriate standard by which the function of denying the petition
should be delegated.
Rules Coordinator: Daniel Rivas
Address: Oregon Public Employees Retirement System, PO Box
23700, Tigard, OR 97281
Telephone: (503) 603-7713
Rule
Caption: Increases amount available
from set prize reserve amount from $25,000,000 to $40,000,000.
Date: Time: Location:
3-9-12 2–2:30
p.m. Oregon
Lottery
500
Airport Rd. SE
Salem,
OR
Hearing Officer: Larry Trott
Stat. Auth.: ORS 461
Other Auth.: OR Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.210, 461.220, 461.230 & 461.250
Proposed Amendments: 177-085-0025, 177-085-0065
Last Date for Comment: 3-9-12, 2:30 p.m.
Summary: The Oregon Lottery has filed a Notice of Permanent Rulemaking
Hearing and has filed temporary rules to amend the above referenced
administrative rules for the Powerball® game.
The
proposed rulemaking and the temporary rules, increases the set prize reserve
account from $25,000,000 to $40,000,000. The set prize reserve account is only
used when the total of the set prizes awarded in a drawing exceeds the
percentage of the prize pool allocated to the set prizes, and any amount
allocated to the set prizes that was carried forward from previous draws.
These
changes are necessary to implement changes to the Powerball® game rules made by
the national organization that administers the multi-state Powerball® game, and
will be effective January 15, 2012.
Rules Coordinator: Mark W. Hohlt
Address: Oregon State Lottery, 500 Airport Rd. SE, Salem, OR
97301
Telephone: (503) 540-1417
Rule
Caption: Clarifies amount of Match 5+0
prize with Megaplier® option and conduct of Megaplier® drawing.
Date: Time: Location:
4-16-12 2–2:30
p.m. Oregon
Lottery
500
Airport Rd. SE
Salem,
OR
Hearing Officer: Larry Trott
Stat. Auth.: ORS 461
Other Auth.: OR COnstit. Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.210, 461.220, 461.230 & 461.250
Proposed Amendments: 177-098-0110
Proposed Repeals: 177-098-0110(T)
Last Date for Comment: 4-16-12, 2:30 p.m.
Summary: The Oregon Lottery® has adopted temporary rules, and has
initiated permanent rulemaking to clarify when the Match 5+0 prize option with
the Megaplier® option, which normally pays $1
million, will be reduced by the same percentage as the Match 5+0 $250,000 prize
is reduced.
The
rulemaking also clarifies that in the event the multiplier drawing does not
occur prior to the Mega Millions® drawing, the multiplier number will be a 4.
These
changes are necessary to implement changes to the Mega Millions® game rules
made by the national organization that administers the multi-state Mega
Millions® game, and are effective immediately. When the permanent rule is
adopted, the temporary rule will be repealed.
Rules Coordinator: Mark W. Hohlt
Address: Oregon State Lottery, 500 Airport Rd. SE, Salem, OR
97301
Telephone: (503) 540-1417
Rule
Caption: Clarification to rule
language for BUII Qualification and Training.
Stat.
Auth.: ORS 830.110 &
830.505–830.550
Stats. Implemented: ORS 830.535
Proposed Amendments: 250-010-0440
Proposed Repeals: 250-010-0440(T)
Last Date for
Comment: 2-29-12, 5 p.m.
Summary: This action will remove the reference of the
Director’s authority in the Qualification and Training of Breath Test Equipment
Operators rule. The authority remains with the Board.
Rules Coordinator: June LeTarte
Address: Oregon State Marine Board, P.O. Box 14145, Salem, OR
97309-5065
Telephone: (503) 378-2617
Rule
Caption: Amend rules governing
non-traditional park use and special use permits.
Date: Time: Location:
2-21-12 6
p.m. Champoeg State Heritage Area
Visitor
Center
8239 Champoeg Rd. NE
Aurora,
OR
2-22-12 6
p.m. City
Hall City Council Chambers
801
SW Hwy. 101
Lincoln
City, OR
2-23-12 6
p.m. Bend
Park & Recreation Office
Riverbend Community Rm.
799
SW Columbia St.
Bend,
OR
Hearing Officer: Richard Walkoski, Chris Havel
Stat. Auth.: ORS 390.124
Stats. Implemented: ORS 390.111, 390.121 & 390.124
Proposed Adoptions: 736-016-0012
Proposed Amendments: 736-016-0005, 736-016-0010, 736-016-0015,
736-016-0020,736-016-0023, 736-016-0025
Last Date for Comment: 2-29-12, 4 p.m.
Summary: Amends rules governing non-traditional use of state parks and
ocean shores: adds a “definitions” section to the rule; clarifies when a
special use permit is required; updates criteria that are used to evaluate
applications; updates requirements placed on applicants; clarifies application
procedure; aligns fees with legislatively approved fee structure. The rules
have been revised after an initial public comment period in October 2011 which resulted in substantial changes. A rules advisory
committee advised the department on the revisions. Public comments and additional
public hearings have been scheduled.
Persons
attending these hearings must sign up to make oral comments within 30 minutes
of the meeting start time. Written comments must be received by February 29,
2012.
Rules Coordinator: Vanessa DeMoe
Address: Parks and Recreation Department, 725 Summer St. NE,
Suite C, Salem, OR 97301
Telephone: (503) 986-0719
Rule
Caption: In the Matter of Adopting the
2012 Edition of the National Electrical Safety Code.
Stat.
Auth.: ORS CH. 183, 756, 757 & 759
Stats. Implemented: ORS 757.035
Proposed Amendments: 860-024-0010
Last Date for
Comment: 2-22-12, 5 p.m.
Summary: The proposed amendments to this rule adopt the latest
edition of the National Electrical Safety Code (NESC) to stay up to date with
current national standards and practices used in the construction, operation,
and maintenance of electric supply lines and communications lines. Staying
current with the national standards and practices is especially critical for
electric and communications utilities and operators as well as contractors and
consultants who work in more than one state. The American National Standards
Institute approved the 2012 edition of the NESC on June 3, 2011. This 2012
edition becomes the new American National Standard across the nation for the
construction, operation, and maintenance of electric supply lines and
communication lines. Per ORS 183.332, state agencies should seek to retain and
promote federal requirements and equivalent standards.
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 563 on comments and file
them by e-mail to the Commission’s Filing Center at
PUC.FilingCenter//apps.puc.state.or.us/edockets/center.htm. Interested persons
may review all filings online at http://apps.
puc.state.or.us/edockets/docket.asp?DocketID=17259
Rules Coordinator: Diane Davis
Address: Public Utility Commission of Oregon, PO Box 2148,
Salem, OR 97308
Telephone: (503) 378-4372
Rule
Caption: Adjusts the dollar limit on
joint and several liability of professional corporations
due to inflation.
Stat.
Auth.: ORS 58.187
Stats. Implemented: ORS 58.185 & 58.187
Proposed Amendments: 160-010-0400
Last Date for
Comment: 2-21-12, Close of Business
Summary: As directed by ORS 58.187, this rule adjusts the
dollar amount on joint and several liability of
professional corporations due to inflation.
Rules Coordinator: Ginger Spotts
Address: Secretary of State, Corporation Division, 255 Capitol St. NE, Suite 151, Salem, OR 97310
Telephone: (503) 986-2333
Rule
Caption: Changes to Farm Product and
Agricultural Lien forms.
Stat.
Auth.: ORS 80.106, 80.115 & 87.246.
Stats. Implemented: ORS 80.115 & 87.242
Proposed Adoptions: 160-050-0115
Proposed Amendments: 160-050-0200, 160-050-0210
Last Date for
Comment: 2-21-12, Close of Business
Summary: These rules state the content required for EFS filings
and includes a statement of lien attestation.
Rules Coordinator: Ginger Spotts
Address: Secretary of State, Corporation Division, 255 Capitol St. NE, Suite 151, Salem, OR 97310
Telephone: (503) 986-2333
Rule
Caption: ABN amendment signature
requirement, waiver of reinstatement limit for entities, and jurisdiction
requirement for Conversions.
Stat.
Auth.: ORS 648.125 & 56.022
Stats. Implemented: ORS 648.025, 60.654, 63.654, 65.654, 67.665, 70.440,
128.599, 554.307, 60.472, 62.607, 63.470, 67.342 & 70.505
Proposed Adoptions: 160-010-0030, 160-010-0450
Proposed Amendments: 160-010-0310
Last Date for
Comment: 2-21-12, Close of Business
Summary: These rules update the signature requirement for
filing the assumed business name amendment. These rules allow for a waiver of
the 5 year limit for reinstatement on corporations,
limited liability companies, and business trusts. In addition, these rules now
require jurisdiction to be included when a domestic entity converts to a
foreign business entity.
Rules Coordinator: Ginger Spotts
Address: Secretary of State, Corporation Division, 255 Capitol St. NE, Suite 151, Salem, OR 97310
Telephone: (503) 986-2333
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.
2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use |