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Oregon Bulletin

April 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 Examiners for Engineering and Land Surveying, Chapter 820

Rule Caption: Adopt Board’s 2013–2015 budget and clarify rules related to modifying designs and CPD requirements.

Date: Time: Location:

5-14-13  2 p.m. 670 Hawthorne Ave. SE, Suite 220  Salem, OR 97301

Hearing Officer: Dan Linscheid

Stat. Auth.: ORS 672.255

Other Auth.: ORS 182.462 & 670.310

Stats. Implemented: ORS 672.002–672.325

Proposed Adoptions: 820-050-0001

Proposed Amendments: 820-010-0325, 820-010-0622

Proposed Repeals: 820-050-0001(T)

Last Date for Comment: 5-14-13, Close of Hearing

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

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

 OAR 820-010-0622 — Clarifies the process to modify documents prepared and sealed by an architect.

Rules Coordinator: Mari Lopez

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

Telephone: (503) 362-2666, ext. 26


Board of Massage Therapists, Chapter 334

Rule Caption: Adopt Board budget; clarify internal cavity, discipline, exempt practices, initial license and applicants rules.

Date: Time: Location:

5-16-13  9 a.m. 748 Hawthorne Ave. NE  Salem, OR 97301

Hearing Officer: Kate Coffey

Stat. Auth.: ORS 687.011, 687.051, 687.081 & 687.121

Other Auth.: ORS 182.456–182.472 & 183

Stats. Implemented: ORS 687.011, 687.031, 687.051, 687.081 & 687.121

Proposed Amendments: 334-001-0012, 334-010-0027, 334-010-0029, 334-040-0010, 334-010-0005, 334-010-0015

Last Date for Comment: 5-16-13, Close of Hearing

Summary: The proposed rule amendments adopts the 2013–15 budget; adds Ortho-Bionomy to the exempt practices; clarifies the internal cavity rule based on comments from the LMT community; specifies rules addressing discipline, applicants, and initial license.

Rules Coordinator: Christine West

Address: Board of Massage Therapists, 748 Hawthorne Ave. NE, Salem, OR 97301

Telephone: (503) 365-8657, ext. 302


Board of Nursing, Chapter 851

Rule Caption: Clarifies certification categories and licensure renewal status for advanced practice nurses

Date: Time: Location:

4-25-13  9 a.m. 17938 SW Upper Boones Ferry Rd.  Portland, OR

Hearing Officer: Kay Carnegie, Board President

Stat. Auth.: ORS 678.101, 678.150, 678.380 & 678.395

Stats. Implemented: ORS 678.380

Proposed Amendments: 851-050-0005, 851-050-0006, 851-050-0008, 851-050-0138

Last Date for Comment: 4-23-13, 5 p.m.

Summary: Offering a bridge for licensure in various NP categories who are in the process of changing their national certification and titling.

 Consistently using the term “active” license/certificate instead of “current.”

 Removing requirements in Division 50, 52 and 54 for an “unencumbered” registered nurse license in order to renew an advanced nursing license/certificate.

 Updating the criteria for evaluating NP national certification exams based on new NCSBN criteria.

Rules Coordinator: Peggy A. Lightfoot

Address: Board of Nursing, 17938 SW Upper Boones Ferry Rd., Portland, OR 97224

Telephone: (971) 673-0638


 

Rule Caption: Clarifies certification categories and licensure renewal status for advanced practice nurses.

Date: Time: Location:

4-25-13  9 a.m. 17938 SW Upper Boones Ferry Rd.  Portland, OR

Hearing Officer: Kay Carnegie, Board President

Stat. Auth.: ORS 678.285

Stats. Implemented: ORS 678.285

Proposed Amendments: 851-052-0020, 851-052-0030

Last Date for Comment: 4-23-13, 5 p.m.

Summary: Consistently using the term “active” license/certificate instead of “current.”

 Removing requirements in Division 50, 52 and 54 for an “unencumbered” registered nurse license in order to renew an advanced nursing license/certificate.

 Changing the name of the national certification board for CRNAs to reflect current titling.

Rules Coordinator: Peggy A. Lightfoot

Address: Board of Nursing, 17938 SW Upper Boones Ferry Rd., Portland, OR 97224

Telephone: (971) 673-0638


 

Rule Caption: Clarifies licensure renewal status for Clinical Nurse Specialists.

Date: Time: Location:

4-25-13  9 a.m. 17938 SW Upper Boones Ferry Rd.  Portland, OR

Hearing Officer: Kay Carnegie, Board President

Stat. Auth.: ORS 678.050, 678.101, 678.370 & 678.372

Stats. Implemented: ORS 678.050, 678.370 & 678.372

Proposed Amendments: 851-054-0040, 851-054-0050

Proposed Repeals: 851-054-0055

Last Date for Comment: 4-23-13, 5 p.m.

Summary: Consistently using the term “active” license/certificate instead of “current.”

 Removing requirements in Division 50, 52 and 54 for an “unencumbered” registered nurse license in order to renew an advanced nursing license/certificate.

 Removing the section on “reactivation” from the CNS section of rules (Division 54) to be consistent with other divisions.

 Changing delinquent renewal from 30 to 60 days in the CNS section of rules to be consistent with Division 50.

Rules Coordinator: Peggy A. Lightfoot

Address: Board of Nursing, 17938 SW Upper Boones Ferry Rd., Portland, OR 97224

Telephone: (971) 673-0638


Board of Parole and Post-Prison Supervision, Chapter 255

Rule Caption: Reorganize Rules on Inmate Accompaniment to Board Hearings

Stat. Auth.: ORS 144.123 & 144.120(7), 144.750, & 192.690

Stats. Implemented: ORS 144.123, 144.750 & 144.120(7) & 192.630

Proposed Amendments: 255-030-0025, 255-030-0026

Last Date for Comment: 4-30-13, Close of Business

Summary: Reorganization of the rules that relate to inmate accompaniment to Board hearings is necessary to separate the rules that require joint rule-making with the Department of Corrections into a discrete section to promote efficiency and clarity.

Rules Coordinator: Shawna Harnden

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

Telephone: (503) 945-0913


Board of Psychologist Examiners, Chapter 858

Rule Caption: Modifies definitions, applied psychology educational requirements, application procedure, inactive status, and supervised work experience requirements.

Stat. Auth.: ORS 675.010–675.150.

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

Proposed Amendments: 858-010-0001, 858-010-0005, 858-010-0011, 858-010-0012, 858-010-0013, 858-010-0017, 858-010-0020, 858-010-0025, 858-010-0030, 858-010-0036, 858-010-0037, 858-010-0050, 858-010-0060, 858-010-0080, 858-020-0015, 858-020-0025, 858-020-0035, 858-020-0045, 858-020-0055, 858-020-0085, 858-020-0105, 858-030-0005, 858-040-0015, 858-040-0035, 858-040-0036

Last Date for Comment: 4-30-13, 5 p.m.

Summary: The proposed amendment reorganizes and adds general definitions; makes various clarifying language and grammar housekeeping changes; modifies the applied psychology core program education requirements to be consistent with the clinical psychology core program education requirements, including a requirement for a minimum quantity of graded coursework, and changes to the substantive content area descriptions; makes some clarifying changes to the supervised work experience requirements; creates a retention period of three years for a residency supervisor’s records and notes; adds a requirement that the residency supervisor notify the board within fourteen days of any significant interruption or expected termination of a resident supervision contract; modifies and adds definitions to the process for application review; updates the examination procedures; adds a clear definition of inactive status; specifies that a license will revert to inactive status if a licensee fails to pay the prorated reactivation fee in 30 days.

Rules Coordinator: LaReé Felton

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

Telephone: (503) 373-1196


Construction Contractors Board, Chapter 812

Rule Caption: Division 6 — update cite references, change pre-licensure training, provider experience, and change record retention

Date: Time: Location:

4-23-13  11 a.m. West Salem Roths IGA   Santiam Rm.  425 Glen Creek Rd.  Salem, OR

Hearing Officer: Rob Yorke

Stat. Auth.: ORS 670.310, 701.122, 701.235 & 701.992

Stats. Implemented: ORS 670.310, 701.005, 701.056, 701.063, 701.068, 701.073, 701.088, 701.102, 701.105, 701.122, 701.131 & 701.238

Proposed Amendments: 812-002-0640, 812-005-0180, 812-006-0100, 812-006-0150, 812-006-0200, 812-006-0250, 812-006-0300, 812-006-0350, 812-006-0400, 812-006-0450

Last Date for Comment: 4-23-13, Close of Hearing

Summary: Note: This rule hearing was originally scheduled for February 26, 2013; however, due to the canceling of the Board meeting for February 26, 2013, the rulemaking hearing has been rescheduled to April 23, 2013.

 OAR 812-002-0640, 812-005-0180, Div. 6 heading, 812-006-0150, 812-006-0250, 812-006-0300, 812-006-0350, and 812-006-0400 are amended to make it clear the training is needed before a new contractor becomes licensed. This helps clearly differentiate between the continuing education required for renewal and the pre-licensure education required prior to licensure.

 812-006-0100 and 812-006-0450 are amended to revise cite references and to make it clear the training is needed before a new contractor becomes licensed. This helps clearly differentiate between the continuing education required for renewal and the pre-licensure education required prior to licensure.

 812-006-0200 is amended to make it clear the training is needed before a new contractor becomes licensed. This helps clearly differentiate between the continuing education required for renewal and the pre-licensure education required prior to licensure. And is amended to change the length of time a pre-licensure training provider must keep their records from five years to six years to match the Pre-Licensure Training Authorization Agreements providers sign and to match current contracting statutes. The rule is also amended to require that trainers have at least four years work experience or four years of education, or any combination of both, in the subject areas that they instruct. The amendment is consistent with the rule for residential continuing education (see OAR 812-021-0025(6)(b).

Rules Coordinator: Catherine Dixon

Address: Construction Contractors Board, 700 Summer St. NE, Suite 300, Salem, OR 97310

Telephone: (503) 934-2185


Department of Agriculture, Chapter 603

Rule Caption: Amends rule to require notification of shipments from Maricopa County, Arizona.

Stat. Auth.: ORS 561 & 571

Stats. Implemented: ORS 561.190, 561.510–561.600, 570.305, 570.405 & 570.410–570.415

Proposed Amendments: 603-052-0347

Last Date for Comment: 4-22-13, 5 p.m.

Summary: The proposed amendment requires recipients of onion bulbs, sets, or seedlings from Maricopa county, Arizona to notify the department of the incoming shipments. This amendment codifies into rule what is already in practice by the industry.

Rules Coordinator: Sue Gooch

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

Telephone: (503) 986-4583


Department of Agriculture, Oregon Processed Vegetable Commission, Chapter 647

Rule Caption: Amend rules related to assessment rates.

Date: Time: Location:

4-25-13  7:30 p.m. 3415 Commercial St. SE  Salem, Oregon

Hearing Officer: Scott Setniker

Stat. Auth.: ORS 576.051-576.595

Stats. Implemented: ORS 576.051-576.595

Proposed Amendments: 647-010-0010

Last Date for Comment: 4-25-13, 5:30 p.m.

Summary: The proposed rule amendments set the assessment rates for the six processed vegetable crops governed by the commission.

Rules Coordinator: John McCulley

Address: Department of Agriculture, Processed Vegetable Commission, PO Box 2042, Salem, OR 97308-2042

Telephone: (503) 370-7019


Department of Agriculture, Oregon Strawberry Commission, Chapter 668

Rule Caption: Change the assessment on strawberries from 1 percent to 1.25 percent.

Date: Time: Location:

4-24-13  2 p.m. 4845 B. SW Dresden Ave.  Corvallis, OR 97333

Hearing Officer: Philip Gutt

Stat. Auth.: ORS 576.304

Stats. Implemented: ORS 576.325 & 576.335

Proposed Amendments: 668-010-0010

Last Date for Comment: 4-24-13, 5 p.m.

Summary: Amend OAR 668-010-0010(1) to increase the assessment by .25% in order to fund an endowment dedicated to a berry professorship at Oregon State University. Due to reductions in state funds to Oregon State University, continuance of a dedicated berry professorship is only guaranteed through industry support of an endowed professorship. The berry industry benefits from the research and education provided by a professor dedicated to berries.

 The increased assessment will ensure the berry professorship, thus allowing the Commission to continue to conduct and fund research, such as those set forth in ORS 576.304 (11) (a), (c), and (d).

 This proposed rule change will allow the commodity commission to collect assessments of 1.25 percent of the gross value of the raw product, rather than 1 percent of the gross value of the raw product.

Rules Coordinator: Rachel Denue

Address: Department of Agriculture, Oregon Strawberry Commission, 4845 B SW Dresden Ave., Corvallis, OR 97333

Telephone: (541) 758-4043


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

Rule Caption: Exempts certain permit applications from plan review by a certified individual.

Stat. Auth.: ORS 455.030, 455.055, 455.110, 455.720 & 455.730

Stats. Implemented: ORS 455.030, 455.055, 455.110, 455.720 & 455.730

Proposed Adoptions: Rules in 918-098

Proposed Amendments: Rules in 918-098

Proposed Repeals: Rules in 918-098

Last Date for Comment: 4-26-13, 5 p.m.

Summary: This rule allows permit technicians employed by a municipality administering and enforcing a building inspection program to review and approve certain “simple permit” applications related to one- and two-family dwellings. Permit technicians must utilize a division approved checklist when reviewing a “simple permit” application. This rule does not create any new exemptions from review.

Rules Coordinator: Richard J. Baumann

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

Telephone: (503) 373-7559


Department of Consumer and Business Services, Workers’ Compensation Division, Chapter 436

Rule Caption: Self-insured employer groups, common claims fund balance

Date: Time: Location:

4-22-13  9 a.m. Labor & Industries Bldg.  350 Winter St. NE, Rm. E   Salem, OR

Hearing Officer: Fred Bruyns

Stat. Auth.: ORS 656.704 & 656.726(4)

Stats. Implemented: ORS 656.430

Proposed Amendments: 436-050-0003, 436-050-0300

Last Date for Comment: 4-24-13, Close of Business

Summary: The agency proposes to amend OAR chapter 436, division 050, “Employer/Insurer Coverage Responsibility,” to decrease the funding requirement for the common claims fund, for self-insured employer groups that are not made up of governmental subdivisions, from 100 percent to 30 percent of the average of the group’s paid losses for the previous four years. The 30-percent funding level is consistent with rules in effect before Jan. 1. 2013, and with temporary rules currently in effect.

Rules Coordinator: Fred Bruyns

Address: Department of Consumer and Business Services, Workers’ Compensation Division, PO Box 14480, Salem, OR 97309-0405

Telephone: (503) 947-7717


Department of Energy, Chapter 330

Rule Caption: Amending BETC rules for pass-through, transfers and sunset provisions.

Date: Time: Location:

4-24-13  1 a.m. Oregon Department of Energy   625 Mation St. NE   Salem, OR 97301

Hearing Officer: Elizabeth Ross

Stat. Auth.: ORS 469.040, 469B.148 & 469B.161

Stats. Implemented: ORS 469B.130–469B.171, 315.354–315.357 & 2012 OL Ch.45, Sec. 16

Proposed Amendments: 330-090-0133, 330-090-0140, 330-090-0150, 330-090-0160

Proposed Repeals: 330-090-0140(T), 330-090-0160(T)

Last Date for Comment: 4-26-13, 5 p.m.

Summary: Although the 2011 Oregon Legislature replaced the Business Energy Tax Credit (BETC) program with the new Energy Incentives Program, the Oregon Department of Energy still must carry out its obligations to BETC participants before that program officially ends in 2014. The proposed rule amendments address the application deadline for the July 1, 2014 program sunset, expand the transfer process and make permanent the November 16, 2012, temporary rule defining what constitutes “use” of the tax credit rendering the tax credit nontransferable. The proposed rule provides that for projects subject to the July 1, 2014 sunset date, applicants should submit final applications at least 60 days before the expiration of their preliminary certification but no later than May 1, 2014. The proposed rule expands the transfer process to include all projects unable to find a pass-through partner prior to the sunset date. Lastly, the amendments make permanent the temporary rule that defines “use” as any time the tax credit offsets any portion of the applicant’s tax liability. A call-in number is available for the public hearing, please see website for details: http://www.oregon.gov/energy/CONS/BUS/Pages/BETC-Rulemaking-for-Pass-through,-Transfer-and-Sunset-Provisions.aspx

Rules Coordinator: Kathy Stuttaford

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

Telephone: (503) 373-2127


Department of Environmental Quality, Chapter 340

Rule Caption: Corrections and Clarifications to Nonpoint Source Regulations

Date: Time: Location:

4-16-13  5 p.m. EQC A,   Oregon DEQ  811 SW 6th Ave.  Portland, OR, 97204

Hearing Officer: Koto Kishida

Stat. Auth.: ORS 468.020, 468B.030, 468B.035, 468B.048 & 468.065

Other Auth.: Stipulated Order on Nonpoint Source & Endangered Species Act Remedies

Stats. Implemented: ORS 468B.030, 468B.035 & 468B.048

Proposed Amendments: 340-041-0007, 340-041-0028, 340-041-0061

Last Date for Comment: 4-22-13, 5 p.m.

Summary: To meet obligations under a stipulated order and a legal agreement, DEQ proposes deleting the following provisions that describe how nonpoint sources comply with water quality standards.

 Statewide Narrative Criteria — OAR 340-041-0007(5)

 The proposed amendment would remove the description of how logging and forest management activities are subject to water quality standards and load allocations. Including this section would honor an agreement signed Jan. 31, 2013.

 Temperature Rule — OAR 340-041-0028(12)

 Proposed amendments would remove portions of the rule that describe how:

 • Nonpoint sources would implement water quality standards for temperature on private, state and federal agricultural lands and forests; and

 • Nonpoint sources, except forestry and agriculture that comply with their temperature management plans, are considered in compliance with the temperature rule.

 Other Implementation of Water Quality Criteria — OAR 340-041-0061

 The proposed amendments would remove portions of the rule that describe how nonpoint sources would implement water quality standards on private, state and federal agricultural lands and forests.

 The proposed amendments to the water quality standard would be consistent with the original intent of applicable federal and state regulations.

Rules Coordinator: Maggie Vandehey

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

Telephone: (503) 229-6878


Department of Fish and Wildlife, Chapter 635

Rule Caption: Salmon Seasons for Commercial and Sport Fisheries In the Pacific Ocean

Date: Time: Location:

5-10-13  8 a.m. Oregon Dept. of Fish & Wildlife  3406 Cherry Ave.  Salem, OR 97303

Hearing Officer: Oregon Fish & Wildlife Commission

Stat. Auth.: ORS 496.138, 496.146, 506.036, 506.119, 506.129 & 506.750 et Seq.

Other Auth.: Magnusson-Stevens Sustainable Fisheries Act.

Stats. Implemented: ORS 496.162, 506.036, 506.109, 506.129 & 506.750 et Seq.

Proposed Adoptions: Rules in 635-003, 635-013

Proposed Amendments: Rules in 635-003, 635-013

Proposed Repeals: Rules in 635-003, 635-013

Last Date for Comment: 5-10-13, 8 a.m.

Summary: Amend rules related to commercial and sport salmon fishing in the Pacific ocean. 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 rule to authorize citing registered owner for unattended vehicle parked in violation of rules.

Date: Time: Location:

5-10-13  8 a.m. Oregon Dept. of Fish & Wildlife  3406 Cherry Ave.  Salem, OR 97303

Hearing Officer: Fish & Wildlife Commission

Stat. Auth.: ORS 496.012, 496.138, 496.146 & 497.071

Stats. Implemented: ORS 496.012, 496.138, 496.146 & 497.071

Proposed Amendments: 635-008-0151

Proposed Repeals: 635-008-0151(T)

Last Date for Comment: 5-9-13, Close of Business

Summary: Rule amendment will give law enforcement the authority to cite the registered owner of an unattended vehicle parked in violation of Commission rules.

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 for Sport and Commercial Halibut, Sardine, Prawn, and Groundfish Fisheries

Date: Time: Location:

5-10-13  8 a.m. Oregon Dept. of Fish & Wildlife  3406 Cherry Ave.  Salem, OR 97303

Hearing Officer: Oregon Fish & Wildlife Commission

Stat. Auth.: ORS 496.138, 496.146, 496.162, 497.121, 506.036, 506.109, 506.119 & 506.129

Stats. Implemented: ORS 496.004, 496.009, 496.162, 506.109, 506.129, 508.306 & 508.535

Proposed Adoptions: Rules in 635-004, 635-005, 635-006, 635-039

Proposed Amendments: Rules in 635-004, 635-005, 635-006, 635-039

Proposed Repeals: Rules in 635-004, 635-005, 635-006, 635-039

Last Date for Comment: 5-10-13, 8 a.m.

Summary: Amendments to Oregon’s regulations for sport and commercial halibut, sardine and groundfish fisheries will bring the State of Oregon concurrent with federally adopted regulations. Modifications establish 2013 seasons and/or quotas for these halibut and sardine fisheries, and allow a landing of groundfish under the federal Trawl Rationalization Program to be split between Washington and Oregon or California and Oregon wholesale fish dealers. Amendments to regulations for commercial prawn fisheries will disallow landing of prawns taken off Washington into Oregon if the vessel does not have the appropriate Washington State licenses and permits, and disallow targeted fishing of prawns using shrimp trawl or groundfish trawl gears. 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: Rules for Commercial and Recreational Fisheries in the Columbia River and Tributaries

Date: Time: Location:

5-10-13  8 a.m. Oregon Dept. of Fish & Wildlife  3406 Cherry Ave.  Salem, OR 97303

Hearing Officer: Oregon Fish & Wildlife Commission

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

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

Proposed Adoptions: Rules in 635-004, 635-005, 635-006, 635-007, 635-014, 635-016, 635-023, 635-039, 635-042, 635-500

Proposed Amendments: Rules in 635-004, 635-005, 635-006, 635-007, 635-014, 635-016, 635-023, 635-039, 635-042, 635-500

Proposed Repeals: Rules in 635-004, 635-005, 635-006, 635-007, 635-014, 635-016, 635-023, 635-039, 635-042, 635-500

Last Date for Comment: 5-10-13, 8 a.m.

Summary: These rules, amended or adopted as determined justified, modify commercial and recreational fisheries in the Columbia River and its tributaries and establish management measures for future fisheries. Additional time to comment on these rules, first adopted on December 7, 2012, is being provided in part to address alleged deficiencies in either the process or economic analysis of that rulemaking, articulated for the first time by the petitioners on appeal in Fick v. Oregon Department of Fish and Wildlife, CA# A153317. Housekeeping and technical corrections to the regulations may occur to ensure consistency within these rules.

Rules Coordinator: Therese Kucera

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

Telephone: (503) 947-6033


Department of Forestry, Chapter 629

Rule Caption: Amends requirements for written plans near streams and wetlands; process includes FPA housekeeping updates.

Date: Time: Location:

4-22-13  5 p.m. Oregon Department of Forestry,   Bldg. D, Santiam Rm.  2600 State St.  Salem, OR 97310

Hearing Officer: Ashley Probst

Stat. Auth.: ORS 526.016, 527, 527.640, 527.670, 527.700, 527.710, 527.710(1), 527.710(2), 527.710(10), 527.715, 527.730, 527.765, 919.3 & 919.9

Other Auth.: ORS 526.016(4), 527.630(3) & 527.714

Stats. Implemented: ORS 527.630(3), 527.630(5), 527.640, 527.670, 527.670(8), 527.670(10-12), 527.674, 527.765, 527.685, 527.700(2), (5), (6), (8) & (9), 527.710, 527.710(3)(a)(D), 527.714, 527.715, 527.745, 527.750(5), 527.765 & 919(9)

Proposed Adoptions: 629-600-0050, 629-650-0005

Proposed Amendments: 629-600-0100, 629-605-0150, 629-605-0160, 629-605-0170, 629-605-0173, 629-605-0180, 629-610-0000, 629-610-0020, 629-610-0070, 629-610-0090, 629-615-0100, 629-615-0300, 629-620-0000, 629-623-0100, 629-623-0200, 629-623-0400, 629-625-0000, 629-625-0500, 629-625-0600, 629-625-0650, 629-630-0800, 629-635-0100, 629-635-0200, 629-640-0000, 629-640-0100, 629-640-0105, 629-640-0200, 629-645-0000, 629-645-0030, 629-645-0040, 629-645-0050, 629-650-0000, 629-660-0050, 629-665-0230, 629-670-0214, 629-680-0020

Proposed Repeals: 629-635-0130

Last Date for Comment: 4-28-13, 5 p.m.

Summary: The Oregon Department of Forestry has initiated permanent rulemaking for the above administrative rules adopted under the Forest Practices Act (FPA). The primary rule change within this rulemaking process is reflected in Oregon Administrative Rule (OAR) 629-605-0170 Written Plans. These proposed rule amendments also include associated supporting edits within the adopted administrative rules. In 1988 a 100 foot distance was set to define an area in which a statutory written plan was required near certain protected resources, not the area to be protected (Oregon Revised Statute (ORS) 527.670(4)). In 2011 House Bill (HB) 2165 passed allowing the State Forester, acting under the authority of the Oregon Board of Forestry (BOF), to waive the requirement for statutory written plans if the operation activity will not directly affect riparian management areas (RMA) of a fish or domestic use stream, or a significant wetland that is not classified as an estuary (ORS 527.670). These resource types have varying RMAs of 100 feet or less. Entry to the RMA requires compliance with Division 635 the Water Protection Rules adopted by the FPA. The implementation of HB 2165 will promote efficiency within the Department and allow Stewardship Foresters to focus on statutory written plans for operations that will be applying specific rules to work within the RMA.

 This rulemaking process will also include general FPA housekeeping edits to a number of rules. The general FPA housekeeping changes correct grammatical errors, update outdated references and establish a title for the forest practice rules. They do not change the intent or effect of the rules adopted under the FPA. All of these updates and proposed rule changes have been reviewed by the Regional Forest Practices Committees and the Committee for Family Forestland which are advisory committees to the Board of Forestry.

 Review of this proposed rulemaking package may be accessed 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. Associated supporting materials presented at the January 2012, November 2012 and March 2013 Board of Forestry meetings are available online. They may be accessed through the Board of Forestry website: www.oregonforestry.gov

 Written comments must be received by 5:00 p.m. on April 28th, 2013. Submissions should be addressed to:

 Private Forest HB 2165 Rulemaking, Oregon Department of Forestry, 2600 State Street, OR 97310; or send to ODFPFComments@odf.state.or.us, or via fax 503-945-7490.

 Comments received by 5:00 p.m. on April 28th, 2013 will be compiled and incorporated into information presented to the Board of Forestry for their review. From this information and the prior work with this rulemaking process, the Board of Forestry will decide whether to approve this proposed rulemaking package. The Department is planning to present this information at the June Board of Forestry meeting. The Department will propose an effective date for these rules which will be announced in the Secretary of State’s Oregon Bulletin if the Board gives approval.

Rules Coordinator: Sabrina Perez

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

Telephone: (503) 945-7210


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

Rule Caption: Oregon Project Independence (OPI)

Date: Time: Location:

4-23-13  3:30 p.m. Human Services Bldg.  500 Summer St. NE, Rm. 160  Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 410.070 & 410.435

Other Auth.: HB 3037 (2011 Legislative Session)

Stats. Implemented: ORS 410.410–410.480

Proposed Amendments: 411-032-0000, 411-032-0001, 411-032-0005, 411-032-0010, 411-032-0015, 411-032-0020, 411-032-0044

Proposed Repeals: 411-032-0013

Last Date for Comment: 4-25-13, 5 p.m.

Summary: The Department of Human Services (Department) is proposing to amend the Oregon Project Independence (OPI) rules in OAR chapter 411, division 032 to reflect statutory changes made by House Bill 3037, passed during the 2011 Legislative Session.

 The proposed rules include updates to the authorized services list and provide for statewide consistency in prioritization of authorized services. Additional changes include updates to the fee-for-services to allow for administrative efficiency regarding fee collection as well as general housekeeping language clean-up.

Rules Coordinator: Christina Hartman

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

Telephone: (503) 945-6398


Department of Transportation, Chapter 731

Rule Caption: Notice of Proposed Rulemaking Update

Stat. Auth.: ORS 183.341, 184.616 & 184.619

Stats. Implemented: ORS 183.335 & 183.341

Proposed Amendments: 731-001-0000

Last Date for Comment: 4-22-13, Close of Business

Summary: ODOT is updating its rulemaking notice rule to include electronic mailing and align the rule with current practice.

 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


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

Rule Caption: Future Responsibility Filing Following a Mandatory Suspension or Revocation

Stat. Auth.: ORS 184.616, 184.619 & 802.010

Stats. Implemented: ORS 806.240, 806.245, 809.235, 809.409, 809.411, 809.415, 809.417 & 813.400

Proposed Amendments: 735-050-0100

Last Date for Comment: 4-22-13, Close of Business

Summary: Before DMV may reinstate driving privileges following a mandatory suspension or revocation for conviction of certain crimes, a person must file proof of future financial responsibility. OAR 735-050-0100 establishes when the requirement to file future responsibility following a mandatory suspension or revocation will begin. DMV proposes to amend OAR 735-050-0100 to update the requirements for a future responsibility filing to include ORS 809.411(7) (suspension for a conviction of gasoline theft) and (10) (suspension for a conviction of assault in the second, third or fourth degree resulting from the operation of a motor vehicle), and court-ordered restoration of driving privileges following a permanent revocation under ORS 809.235.

 Other changes are made for clarity. Text of proposed and recently adopted ODOT rules can be found at web site http://www.oregon.gov/ODOT/CS/RULES/

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171


 

Rule Caption: Requirement for Installation of an Ignition Interlock Device following a DUII Conviction

Stat. Auth.: ORS 184.616, 184.619, 802.010 & 813.602

Stats. Implemented: ORS 813.602

Proposed Amendments: 735-070-0080

Last Date for Comment: 4-22-13, Close of Business

Summary: Chapter 66, Oregon Laws 2012 (HB 4017) amends ORS 813.602 to include a five year requirement for installing and using an ignition interlock device (IID) at the end of a suspension or revocation under specified circumstances. This requires DMV to amend OAR 735-070-0080 which currently refers to the one year and a two year IID requirement. DMV proposes to delete references to specific time requirements in the rule and to state that the requirements are as specified in ORS 813.602(1) or (2).

 Other changes are made for clarity. Text of proposed and recently adopted ODOT rules can be found at web site http://www.oregon.gov/ODOT/CS/RULES/

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171


 

Rule Caption: DMV Snowmobile Rule Updates

Stat. Auth.: ORS 184.616, 184.619, 802.010 & 821.080

Stats. Implemented: ORS 821.080

Proposed Amendments: 735-164-0000, 735-164-0010, 735-164-0020

Last Date for Comment: 4-22-13, Close of Business

Summary: This rulemaking amends DMV snowmobile rules OAR 735-164-0000, 735-164-0010 and 735-164-0020 to update fee amounts to be consistent with statutory requirements, and to correct references to repealed rules. Other non-substantive changes simplify rule language to improve readability.

 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, 355 Capitol St. NE, MS 51, Salem, OR 97301

Telephone: (503) 986-3171


Department of Transportation, Highway Division, Chapter 734

Rule Caption: Maximum allowed tow length for mobile homes

Stat. Auth.: ORS 184.616, 184.619, 810.060 & 823.011

Stats. Implemented: ORS 818.200 & 818.220

Proposed Amendments: 734-075-0010, 734-075-0011

Last Date for Comment: 4-22-13, Close of Business

Summary: These rules describe the transportation of mobile homes and modular building units on highways under the authority of the Oregon Department of Transportation. A petition for rulemaking was received from the Oregon Manufactured Housing Association requesting a revision to OAR 734-075-0010 and 734-075-0011 to extend the lengths mobile homes from 75 feet to 80 feet (including the tongue). Nevada, California, Idaho and Washington have recently extended permit actions that authorize the movement of mobile homes to not exceed 80 feet in length. The proposed rule amendment follows suit with Oregon’s neighbors to extend the length to 80 feet and will promote administrative efficiency and the efficiency of movement of manufactured building through Oregon and the adjacent states. In addition, OAR 734-070-0010 and 734-082-0021 provides the Administrator of MCTD with the same authority granted the Chief Engineer in regards to oversight of the movement of oversized loads or vehicles; the language has been updated to reflect this change.

 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, 355 Capitol St. NE, MS 51, Salem, OR 97301

Telephone: (503) 986-3171


Department of Transportation, Motor Carrier Transportation Division, Chapter 740

Rule Caption: Change in Fee Basis

Stat. Auth.: ORS 184.616, 184.619 & 823.011

Stats. Implemented: ORS 319.020, 319.530, 825.017, 825.474 & 825.490

Proposed Adoptions: 740-055-0035

Last Date for Comment: 4-22-13, Close of Business

Summary: These rules describe payment of weight-mile tax and reporting period variations. The proposed new rule clarifies a long standing procedure describing when a change in fee basis has changed. A fee basis is the method a carrier elects to use to report and pay Highway Use Tax. A carrier’s fee basis eligibility is determined by the declared weight of the vehicle, configuration of the vehicle and commodity to be transported. The new rule is necessary to define and clarify when a change of fee basis has occurred.

 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, 355 Capitol St. NE, MS 51, Salem, OR 97301

Telephone: (503) 986-3171


Landscape Architect Board, Chapter 804

Rule Caption: Adoption of 2013–2015 Operating Budget

Date: Time: Location:

4-18-13  9 a.m. Association Center  707 13th St. SE  Salem, OR

Hearing Officer: Christine Valentine

Stat. Auth.: ORS 671.415, 182.462 & 670.310

Stats. Implemented: ORS 671.415 & 182.462

Proposed Amendments: 804-001-0002

Last Date for Comment: 4-18-13, 5 p.m.

Summary: This rule revision will adopt the 2013–2015 biennial budget of the Board with a spending limit of $388,635. The Board approved the 2013–2015 budget on March 6, 2013. The Board is now presenting the budget for review by its registrants and other interested parties. Individuals may view a copy of the budget rule and details on the Board’s web page or may request copies by contacting the Board’s administrative office.

Rules Coordinator: Christine Valentine

Address: Landscape Architect Board, 707 13th St. SE, Suite 114, Salem, OR 97301

Telephone: (503) 589-0093


Landscape Contractors Board, Chapter 808

Rule Caption: Amends exam section titles to more clearly show the exam content

Stat. Auth.: ORS 670.310 & 671.760

Stats. Implemented: ORS 183 & 671.570

Proposed Amendments: 808-003-0045, 808-003-0060

Last Date for Comment: 4-22-13, Close of Business

Summary: Amends exam section titles to more clearly show the exam content

Rules Coordinator: Kim Gladwill-Rowley

Address: Landscape Contractors Board, 2111 Front Street NE, Suite 2-101, Salem, OR 97301

Telephone: (503) 967-6291, ext. 223


Oregon Board of Dentistry, Chapter 818

Rule Caption: Amends Rules regarding Practice, Additional Equipment, Anesthesia, Orthodontic Assistants, Hygienists, Fees and Additional Populations Served.

Date: Time: Location:

4-18-13  7 p.m. OHSU Center for Health & Healing  3303 SW Bond Ave.  Conference Rm. #4, 3rd Floor  Paul Kirk Conference Center  Portland, OR 97239

Hearing Officer: Board President

Stat. Auth.: ORS 181, 183, 679, 680

Stats. Implemented: ORS 670.280, 679.020, 679.025, 679.060, 679.090, 679.115, 679.120, 679.140, 679.160, 679.250, 679.010, 679.170, 680.050, 680.072, 680.075, 680.082, 680.100, 680.200 & 680.205

Proposed Amendments: 818-001-002, 818-001-0087, 818-012-0005, 818-026-0000, 818-026-0020, 818-026-0060, 818-026-0065, 818-026-0070, 818-035-0020, 818-035-0066, 818-035-0072, 818-042-0090, 818-042-0095, 818-042-0110

Last Date for Comment: 4-18-13, 4 p.m.

Summary: The Board is amending 818-001-0002 Definitions to clarify the term Dentist of Record.

 The Board is amending 818-001-0087 Fees to clarify the fees for specialty dental exams.

 The Board is amending 818-012-0005 Scope of Practice to replace current rule, correct a lettering mistake and clarify the use of Botulinum Toxic Type A.

 The Board is amending 818-026-0000 Purpose to remove language from the rule that had designated where sedation could occur.

 The Board is amending 818-026-0020 Presumption of Degree of Central Nervous System Depression will address sedation to children 6 yrs or younger.

 The Board is amending 818-026-0060 Moderate Sedation Permit to add an equipment requirement.

 The Board is amending 818-026-0065 Deep Sedation Permit to remove language from the rule.

 The Board is amending 818-026-0065(2)(h) and (7)(a) Deep Sedation Permit to add an additional equipment requirement.

 The Board is amending 818-026-0070 General Anesthesia Permit to add an additional equipment requirements.

 The Board is amending 818-035-0020 Authorization to Practice Clarifies the duties a hygienist may perform.

 The Board is amending 818-035-0066 Additional Populations for Expanded Practice Dental Hygiene Permit Holders clarify rule and additional population to serve.

 The Board is amending 818-035-0072 Restorative Functions of Dental Hygienists to delete the word anterior from rule.

 The Board is amending 818-042-0090 Additional Functions of EFDAs

 Allow hygienists to authorize EFDAs to apply sealants and soft relines.

 The Board is amending 818-042-0095 Restorative Functions of Dental Assistants to delete the word anterior from rule.

 The Board is amending 818-042-0110 Certification - Expanded Function Orthodontic Assistant to clarify the on the job requirement.

Rules Coordinator: Stephen Prisby

Address: Oregon Board of Dentistry, 1600 SW 4th Ave., Suite 770, Portland, OR 97201

Telephone: (971) 673-3200


Oregon Business Development Department, Chapter 123

Rule Caption: Amendments include language for first loss insurance, add language for collateral support insurance premiums.

Stat. Auth.: ORS 285A.075

Stats. Implemented: ORS 285B.200–285B.218

Proposed Adoptions: 123-021-0010, 123-021-0015, 123-021-0080, 123-021-0090, 123-021-0110

Proposed Repeals: 123-021-0010(T), 123-021-0015(T), 123-021-0080(T), 123-021-0090(T), 123-021-0110(T)

Last Date for Comment: 4-22-13, 5 p.m.

Summary: The Credit Enhancement Fund rules are being amended to increase the First Loss Insurance from $300,000 to $500,000.

 The First Loss Collateral Support Insurance is established which is only intended to mitigate collateral shortfall and is not intended to mitigate other or additional credit deficiencies. Collateral Support Insurance will only be provided to the extent necessary to facilitate making a qualified loan, not on a maximum allowable basis for each loan. Limits are $500,000 and up to 25% of an enrolled loan, or for insurance between $500,000 and $1,000,000, 20% of the enrolled loan.

 Amendments also updates the Insurance Premium to reflect the newly introduced Collateral Support Insurance.

Rules Coordinator: Mindee Sublette

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

Telephone: (503) 986-0036


Oregon Department of Education, Chapter 581

Rule Caption: Modifies special education rules relating parental consent for public benefits and insurance.

Date: Time: Location:

4-4-13  9 a.m. 255 Capitol St. NE, Rm. 200A  Salem OR

4-24-13 9 a.m. 255 Capitol St. NE, Rm. 251A  Salem, OR

Hearing Officer: Cindy Hunt

Stat. Auth.: ORS 343.041, 343.045, 343.055, 343.155 & 343.164

Stats. Implemented: ORS 343.055, 343.155, 343.159, 343.475, 343.527 & 343.531

Proposed Amendments: 581-015-2090, 581-015-2310, 581-015-2530, 581-015-2735, 581-015-2745, 581-015-2885

Last Date for Comment: 4-30-13, 5 p.m.

Summary: The revisions to the rules implement recent federal changes in IDEA, Part B, that apply to children ages three to twenty-one. The OARs concern the use of a family’s public insurance/Medicaid funds to support special education and related services in schools and ECSE programs, as permitted under federal law. Specifically the changes are needed to ensure parents are fully informed and agree to the use of their insurance while simplifying the school district/program procedures. The rule revisions do not go beyond what is required in federal law.

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


Oregon Education Investment Board, Chapter 705

Rule Caption: Regarding Achievement Compact Advisory Committees

Date: Time: Location:

4-15-13  9 a.m. Oregon State Library  250 Winter St. NE  Salem, OR 97301

Hearing Officer: Seth Allen

Stat. Auth.: Chapter 36, Oregon laws, Section 14 (SB 1581)

Stats. Implemented: Chapter 36, Oregon laws, Section 14 (SB 1581)

Proposed Amendments: 705-010-0070

Last Date for Comment: 4-8-13, 12 p.m.

Summary: 705-010-0070 Achievement Compact Advisory Committees

 (1) Each school district, as defined in ORS 332.022, and each education service district operated under ORS Chapter 334 shall form an achievement compact advisory committee no later than September 30, 2012.

 (2) An achievement compact advisory committee shall be responsible for ensuring that the district’s achievement compact is implemented for the 2012–13 school year and annually thereafter and for ensuring that achievement compacts for subsequent school years are developed with input from educators and staff of the district.

 (3) An achievement compact advisory committee shall:

 (a) Develop plans for achieving the district’s outcomes, measures of progress, goals and targets expressed in an achievement compact, including methods of assessing and reporting progress toward the achievement of goals and targets; and

 (b) Recommend outcomes, measures of progress, goals and targets to be contained in the district’s achievement compact for the next fiscal year.

 (4) Each achievement compact advisory committee shall present its recommendations in a report to the governing board of the district no later than February 1 of each year. An achievement compact advisory committee’s report and recommendations shall be considered by the governing board of the district when entering into an achievement compact for the next fiscal year. The governing board shall file the achievement compact advisory committee’s report with each achievement compact it adopts and forwards to the Board.

 (5) Parent engagement is an important component in the advancement of Achievement Compacts. Each district needs to ensure that they have a process for allowing a diverse group of parents to share their perspectives and their recommendations about:

 (a) District services that contribute to student success and instructional program quality;

 (b) Student, school, and district progress toward the state’s 40-40-20 educational goals; and

 (c) The type of academic program they believe will help students in their district succeed and support the state in reaching the 40-40-20 goal.

 All materials, not containing confidential student information, available to the Achievement Compact committee shall be available to parent and community members. The narrative that will accompany the district compact should include a brief description of the parent engagement strategy and a summary of the recommendations they received from parents and the community.

Rules Coordinator: Seth Allen

Address: Oregon Education Investment Board, 155 Cottage St. NE, 3rd Floor, Salem, OR 97301

Telephone: (503) 378-8213


Oregon Health Authority, Addictions and Mental Health Division: Addiction Services, Chapter 415

Rule Caption: 415-012 — Standards for Approval and Licensure of Alcohol and Other Drug Abuse Programs

Date: Time: Location:

4-25-13  9:30 a.m. Human Services Bldg., Rm 352  500 Summer St. NE   Salem, OR 97301

Hearing Officer: Nola Russell

Stat. Auth.: ORS 413.042 & 430.256

Stats. Implemented: ORS 430.010, 430.397, 430.405, 430.450, 430.590, 430.630, 430.850, 443.400, 813.020, 813.260 & 813.500

Proposed Adoptions: 415-012-0032, 415-012-0035, 415-012-0055, 415-012-0065, 415-012-0067

Proposed Amendments: 415-012-0000, 415-012-0010, 415-012-0020, 415-012-0030, 415-012-0050, 415-012-0060

Last Date for Comment: 4-30-13, Close of Business

Summary: These rules establish procedures for approval of the following:

 (1) Alcohol or substance abuse service providers;

 (2) Any service provider using public funds in the provision of alcohol or substance abuse prevention, intervention, or treatment services in Oregon;

 (3) Providers performing under OAR 309-016-0000 through 309-016-0120;

 (4) Organizations that provide substance alcohol or drug abuse treatment services seeking approval from AMH as provided in ORS 430.065;

 (5) Organizations seeking approval from the AMH for provision of residential services as provided in ORS 430.010 and 443.400 or detoxification services under ORS 430.306; or

 (6) Alcohol and drug evaluation specialists referenced in ORS 813.020 and 813.260.

 This current rule activity is intended to clarify the language regarding distance requirements subject to ORS 430.590.

Rules Coordinator: Nola Russell

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

Telephone: (503) 945-7652


 

Rule Caption: Permanent amendments to OAR 415-020 entitled “Standards For Outpatient Synthetic Opiate Treatment Programs.”

Date: Time: Location:

4-25-13  9:30 a.m. Human Services Building,   500 Summer St. NE, Rm. 352   Salem OR

Hearing Officer: Donna Smith

Stat. Auth.: ORS 409.410, 409.420 & 413.042

Other Auth.: Interested parties may read information regarding the Substance Abuse & Mental Health Services Administration (SAMHSA) authorization regarding use of buprenorphine at the following website: http://buprenorphine.samhsa.gov/

Stats. Implemented: ORS 430.010(4)(b) & 430.560–430.590

Proposed Adoptions: 415-020-0017

Proposed Amendments: 415-020-0005, 415-020-0015, 415-020-0053, 415-020-0060, 415-020-0075, 415-020-0085

Last Date for Comment: 4-30-13, Close of Business

Summary: These rules prescribe standards for the development and operation of Opioid Treatment Programs approved by the Addictions and Mental Health Division (AMH) of the Oregon Health Authority (OHA).

Rules Coordinator: Nola Russell

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

Telephone: (503) 945-7652


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

Rule Caption: Authority requirements for approving transfer of 500 or more members from one CCO to another.

Date: Time: Location:

4-15-13  10:30 a.m. 500 Summer St. NE, Room 137C  Salem, OR 97301

Hearing Officer: Cheryl Peters

Stat. Auth.: ORS 414.032, 414.615, 414.635 & 414.651

Stats. Implemented: ORS 414.032 & 414.615, 414.635 & 414.651

Proposed Amendments: 410-141-3080

Last Date for Comment: 4-19-13, 5 p.m.

Summary: This rule sets for the requirements as to when the Authority may approve the transfer of 500 or more members from one CCO to another CCO. This rule also sets for the timeframes for providing notice of transfer and prohibits members from transferring from one CCO to another no more that once during each enrollment period.

Rules Coordinator: Cheryl Peters

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

Telephone: (503) 945-6527


 

Rule Caption: Targeted Case Management Retroactive Payments

Date: Time: Location:

4-17-13  10:30 a.m. 500 Summer St. NE, Rm. 137C  Salem, OR 97301

Hearing Officer: Cheryl Peters

Stat. Auth.: ORS 413.042 & 414.065

Stats. Implemented: ORS 414.065

Proposed Amendments: 410-138-0390

Last Date for Comment: 4-19-13, 5 p.m.

Summary: The Division’s (Division 410) Targeted Case Management (TCM) administrative rules govern payments for services provided to eligible clients. The Division needs to amend rules to allow providers to adjust claims reimbursed retroactively to align with new rate changes, when CMS approval for the new rates is delayed past the effective date as follows:

 410-138-0390

 • Remove item number “(2) For all programs, except the Substance Abusing Pregnant Women and Substance Abusing Parents With Children Under Age 18 program, TCM claims already paid by the Division of Medical Assistance Programs (Division) with a prior rate may not be adjusted or resubmitted for the sole purpose of receiving a different rate.”

 • Re codify subsequent numbered paragraphs accordingly

Rules Coordinator: Cheryl Peters

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

Telephone: (503) 945-6527


 

Rule Caption: Amend CCO rules to include Authority’s intent for member’s options to file grievance or complaint

Date: Time: Location:

4-17-13  10:30 a.m. 500 Summer St. NE, Rm. 137C  Salem, OR 97301

Hearing Officer: Cheryl Peters

Stat. Auth.: ORS 414.32 & 414.615, 414.635 & 414.651

Stats. Implemented: ORS 414.32 & 414.615, 414.635 & 414.651

Proposed Amendments: 410-141-3260

Last Date for Comment: 4-19-13, 5 p.m.

Summary: This rule establishes that the grievance and appeal process is available for Authority Members to file as a result of the Authority Member being transferred from their current Coordinated Care Organization (CCO) to a new CCO for their covered services. CCOs will improve health, increase the quality, reliability, availability and continuity of care, as well as to reduce costs. CCOs will provide medical assistance recipients with health care services that are supported by alternative payment methodologies that focus on prevention and that use patient-centered primary care homes, evidence-based practices and health information technology to improve health and reduce health disparities. The Authority needs to amend these rules to ensure the Authority’s intent for member choice and notification to align closely with those outlined in Senate Bill 201. This rule change needs to be in effect as soon after August 1, 2012 as possible, the start date of CCO implementation.

Rules Coordinator: Cheryl Peters

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

Telephone: (503) 945-6527


Oregon Health Authority, Oregon Educators Benefit Board, Chapter 111

Rule Caption: Amendments update rule language to allow for composite rate Long Term Disability to continue

Date: Time: Location:

4-22-13  10 a.m. PEBB/OEBB Boardroom  1225 Ferry St. SE  Salem, OR 97301

Hearing Officer: Staff

Stat. Auth.: ORS 243.860–243.886

Stats. Implemented: ORS 243.864(1)(a)

Proposed Amendments: 111-030-0050

Last Date for Comment: 4-30-13, 5 p.m.

Summary: Amendments to 111-030-0050 reflect the Oregon Educators Benefit Board’s decision to continue to allow Employee Groups who are currently using a composite rate structure for Long Term Disability for both employer-paid and employee-paid plans. In addition, the amendments to this rule also reflect the OEBB Board’s decision to expand the availability of the composite rate structure to those Employee Groups who choose to elect an employer-paid plan option on Long Term Disability.

Rules Coordinator: April Kelly

Address: Oregon Health Authority, Oregon Educators Benefit Board, 1225 Ferry St. SE, Salem, OR 97301

Telephone: (503) 378-6588


Oregon Health Licensing Agency, Chapter 331

Rule Caption: Amend requirements for specialty body piercing education, training and licensing.

Date: Time: Location:

6-10-13  9 a.m. Oregon Health Licensing Agency  Veteran’s Affairs Auditorium   700 Summer St. NE  Salem, OR 97301

Hearing Officer: Samie Patnode

Stat. Auth.: ORS 676.615

Stats. Implemented: ORS 390.365 & 690.405

Proposed Amendments: 331-905-0000, 331-905-0005, 331-905-0010, 331-905-0040, 331-905-0050, 331-905-0080

Proposed Repeals: 331-905-0070

Last Date for Comment: 6-24-13, 5 p.m.

Summary: The proposed rule would amend specialty level 1 genital piercing education and training to remove the requirement of 10 hours of theory. The rule would retain the requirement of 36 hours of practical education or training including practical operations where the student or trainee observes 6 practical operations, participates in 10 practical operations and performs 20 practical operations under direct supervision. The school or approved supervisor is required to submit documentation to the Agency showing proof of having performed the 36 practical operations.

 The proposed rule would amend specialty level 2 genital piercing education and training to remove the requirement of 5 hours of theory. The rule would retain the requirement of 26 hours of practical education or training including practical operations where the student or trainee observes 6 practical operations, participates in 10 practical operations and performs 10 practical operations under direct supervision. The school or approved supervisor is required to submit documentation to the Agency showing proof of having performed the 26 practical operations.

 The proposed rule would remove the requirement of taking a written examination regarding genital piercing for both specialty level 1 and 2 genital piercing. The proposal requires that if the written standard body piercing examination is not passed within 2 years of application for a specialist level 1 or 2 genital piercing license the applicant would have to take and pass the examination again.

 Repeal rule related to approved specialty body piercing examinations and amend retake requirements to align with standard body piercing retake requirements.

Rules Coordinator: Samantha Patnode

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

Telephone: (503) 373-1917


 

Rule Caption: Adopt qualifications for temporary licensure; align rules with current standards including informed consent documentation.

Date: Time: Location:

5-13-13  9 a.m. Oregon Health Licensing Agency  Veteran’s Affairs Auditorium  700 Summer St. NE  Salem, OR 97301

Hearing Officer: Samantha Patnode

Stat. Auth.: ORS 676.607 & 676.615

Stats. Implemented: ORS 676.607, 676.615, 680.500, 680.510, 680.515, 680.520, 680.527, 680.530, 680.545, 680.550 & 680.565

Proposed Adoptions: 331-410-0002, 331-410-0015, 331-410-0025, 331-410-0035, 331-410-0045, 331-410-0055

Proposed Amendments: 331-405-0020, 331-410-0010, 331-410-0020, 331-410-0030, 331-410-0050, 331-410-0060, 331-410-0065, 331-410-0080, 331-410-0090, 331-415-0010, 331-415-0020, 331-420-0000, 331-420-0010, 331-420-0020, 331-430-0030

Proposed Repeals: 331-405-0045, 331-410-0040, 331-415-0000, 331-425-0010

Proposed Ren. & Amends: 331-410-0000 to 331-407-0000

Last Date for Comment: 6-1-13, 5 p.m.

Summary: Adopt, amend and repeal rules to align with current industry, agency and statewide rulemaking standards and principles. Administrative rules have been streamlined to be consistent with statutory authority and Agency protocol.

 Amendments provide requirements for approval of educational institutions with associate degree in denture technology or its equivalent including the specific courses required and the minimum number of credit hours per course The rule also specifies education programs which may have associated clinical practice experience (1,000 hours) within the program.

 Amend rules which define a denture technology temporary trainee registration (1,000 hours of supervised clinical practice in denture technology), following completion of an approved denture technology education program. The trainee would work under direct when provide direct patient care and indirect supervision when performing laboratory duties. Amendments include timeline, supervision requirements and notification of changes. Proposed changes also outline the minimum number of hours in direct patient care and number of removable dentures which must be constructed within the 1,000 hours of supervised clinical practice in denture technology.

 Adopt rules which allow an individual who has completed an approved education program, 1,000 of of supervised clinical practice in denture technology and the written examination to obtain a temporary license. Rule includes directives for indirect supervision, timeline for notification, supervision requirements and notification of changes.

 Adopt rules which specify requirements for being an approved supervisor for temporary licensees. Rule also provides supervision requirements for individuals obtaining additional work experience in order to qualify to retake the practical examination.

 Licensing requirements for a full denture technology license has been streamlined to be consistent with statutory authority and agency protocol. The proposed rules address application requirements, including examinations, for the following pathways to become licensed as a denture technologist:

 1) Pathway 1: Pathway 1: Qualification through Associate’s Degree and Clinical Practice Experience 1,000 hours with Examination

 2) Pathway 2: Equivalent Education and Clinical Practice Experience 1,000 hours with Examination

 3) Pathway 3: Reciprocity with Two Years Experience

 Amend general examination information including the written and practical examinations

 approved by the Board which is available on the agency Website. Rule provides for requirements to retake the written and practical examination.

 Proposed rule specifies certain requirements be met to be scheduled to take the practical examination including meeting education and clinical practice experience requirements, paying fees, providing form prescribed by the agency to the agency 60 days before the practical examination is scheduled. Rule also requires practical examination candidates provide certain information at the time of the practical examination including photographic identification for candidate and patient, an interpreter if the patient does not speak English and an oral health certificate for the patient on a form prescribed by the agency.

 Rule changes include standardizing renewal requirements to describe a license as active, inactive or expired and the process for renewal including continuing education requirements. Adopt rule delineating licensure posting requirements and align continuing education requirements with current agency and industry standards including automatic approval of continuing education which has been accepted by the Oregon State Denturist Association or the National Denturist Association.

 Amend practice standards, to include providing written and verbal information and obtain informed consent to patients purchasing teeth whitening trays. Prohibit denturists from providing teeth whitening solutions which are prescription strength. Eliminate minimum standards of acceptability for full dentures to allow flexibility to denturists to provide appropriate services to clients and allow the agency to use the current industry standards when investigating a complaint for full or partial dentures.

 Amend business premises requirements to include surface materials and appropriate surface disinfecting, maintenance of service areas, equipment, restrooms and other public areas. Require standards for disposal of contaminated waste and sharp objects. Align sterilization and disinfection process with current denture technology standards.

 Repeal certain administrative rules which are generally handled through the contested case process or other agency/board policy.

Rules Coordinator: Samantha Patnode

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

Telephone: (503) 373-1917


 

Rule Caption: Allow respiratory therapists with credential from Board of Registered Polysomnographic Technologists to supervise students.

Stat. Auth.: ORS 676.615 & 688.805

Stats. Implemented: ORS 688.805 & 688.830

Proposed Amendments: 331-705-0080

Proposed Repeals: 331-705-0072, 331-710-0040

Last Date for Comment: 4-28-13, 5 p.m.

Summary: Add a respiratory therapists with the registered polysomnographic technologist credential from the Board of Registered Polysomnographic Technologists to supervise students pursuant to ORS 688.807 allows the Board to determine who may supervise students in an education program for polysomnography.

 Repeal the sleep lab exemption due to required licensing for all individuals performing polysomnography services, as of January 1, 2013, unless exempt under the law.

 Repeal polysomnographic technologist grandfathering requirements. In order to qualify for grandfathering all individuals were required to meet the grandfathering application requirements and obtain licensure on or before January 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 Housing and Community Services Department, Chapter 813

Rule Caption: Establishes the Oregon Hunger Response Fund and designates the Oregon Food Bank to coordinate activities

Date: Time: Location:

4-24-13  9 a.m. 725 Summer St. NE,   Conference Rm. 124B  Salem, OR 97301

Hearing Officer: Ernie Kirchner

Stat. Auth.: ORS 456.555

Stats. Implemented: ORS 456.625 & 458.525–458.545

Proposed Amendments: 813-250-0000, 813-250-0020, 813-250-0030, 813-250-0040

Proposed Repeals: 813-250-0010, 813-250-0050

Last Date for Comment: 5-6-13, 5 p.m.

Summary: 813-250-0000 The rules change the name of the Food Assistance Fund to the Oregon Hunger Response Fund and designate the Oregon Food Bank to coordinate distribution of food in Oregon under the fund.

 813-250-0010 This rule has been repealed. Definitions for programs will be consolidated within the general rules for the agency.

 813-250-0020 Sets forth how the Oregon Food Bank will carry out the activities of the fund at the local level. The proposed amendments more clearly outline existing language within the rules, but provides a definition for a recipient agency.

 813-250-0030 Sets forth the eligible activities for use of the funds. The proposed changes are administrative in nature.

 813-250-0040 This rule sets out the fiscal control and reporting requirements. The proposed amendments are administrative in nature and do not include any substantive changes.

 813-250-0050 This rule has been repealed. The waiver rule will be incorporated within the department’s general rules.

Rules Coordinator: Sandy McDonnell

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

Telephone: (503) 986-2012


Oregon Patient Safety Commission, Chapter 325

Rule Caption: Updates the Oregon Patient Safety Commission 2011–2013 biennial budget by amending OAR 325-005-0015

Date: Time: Location:

4-22-13  10 a.m. 1020 SW Taylor St., Suite 700  Portland, OR 97205

Hearing Officer: Shannon O’Fallon

Stat. Auth.: ORS 442.820–442.835

Other Auth.: 2003 OL Ch. 686, Sec. 9

Stats. Implemented: ORS 182.462(1) & 182.462(2)

Proposed Amendments: 325-005-0015

Last Date for Comment: 4-22-13, 5 p.m.

Summary: In accordance with the rules governing semi-independent state agencies, this action amends the Oregon Patient Safety Commission 2011-2013 biennial budget from $1,933,351 to $2,245,271 by amending OAR 325-005-0015.

Rules Coordinator: Bethany A. Walmsley

Address: Oregon Patient Safety Commission, PO Box 285, Portland, OR 97204

Telephone: (503) 224-9226


Oregon State Treasury, Chapter 170

Rule Caption: Clarifies DMD fees for state agency bond sales, MDAC fees, and overlapping debt report

Stat. Auth.: ORS 286A.014, 287A.370, & 287A.634

Stats. Implemented: ORS 286A & 287A

Proposed Amendments: 170-061-0015

Last Date for Comment: 4-22-13, 4 p.m.

Summary: • Modifies and clarifies the OAR language related to state agency conduit bond transactions.

 • Modifies the OAR to clarify that fees charged to state agencies apply to SWAP or liquidity replacement transactions.

 • Eliminates the fee charged to a state agency for an advance refunding review, as the Division no longer provides this service separately from the general fee charged to an agency for a bond transaction.

 • Eliminates the Municipal Debt Advisory Commission fee charged to a local government body for a bond issuance of less than $1 million par.

 • Modifies the language relating to fee charged by customized reports, clarifying that the fee applies to overlapping debt reports only for prior years. For current year reports there is no charge.

Rules Coordinator: Curtis Hartinger

Address: Oregon State Treasury, 350 Winter St. NE, Suite 100, Salem, OR 97301

Telephone: (503) 378-3150


Oregon University System, Chapter 580

Rule Caption: Supersede all prior Academic Year and Summer Session Fee Book rules

Date: Time: Location:

5-2-13  10 a.m. Board Rm., Memorial Union  Oregon State University  Corvallis, OR

5-3-13 10 a.m. Board Rm., Erb Memorial Union  University of Oregon  Eugene, OR

Hearing Officer: Barbara Russell, Marcia Stuart

Stat. Auth.: ORS 351.070

Stats. Implemented: ORS 351.070

Proposed Amendments: 580-040-0040

Last Date for Comment: 5-10-13, 5 p.m.

Summary: To establish tuition and fees for both Academic Year 2013–14 and Summer Session 2014; supersedes all prior fee book rules. Online public comment website will be available 4/29/13 and can be accessed at www.ous.edu/factreport/tuition

Rules Coordinator: Marcia M. Stuart

Address: Oregon University System, PO Box 3175, Eugene, OR 97403-0175

Telephone: (541) 346-5749


Oregon University System, Oregon Institute of Technology, Chapter 578

Rule Caption: To amend the schedule of Special Institutional Fees and Charges and Parking Fees.

Date: Time: Location:

4-30-13  5 p.m. 3201 Campus Dr., Mt. Bailey Rm.  Klamath Falls, OR 97601

Hearing Officer: Sara Reuter

Stat. Auth.: ORS 51

Stats. Implemented: ORS 351.070

Proposed Amendments: 578-041-0030, 578-072-0030

Last Date for Comment: 4-30-13, Close of Hearing

Summary: 578-041-0030 Amends the Schedule of Special Institution Fees and Charges. Amendments allow for increases, revisions, additions, or deletions of special course fees, and general service fees for fiscal year 2013–2014. The schedule of subject fees may be obtained from the Oregon Institute of Technology Business Affairs Office.

 578-072-0030 Amends the Parking Permit and Fees. Amendments allow for increases, revisions, additions, or deletions of parking permit fees for fiscal year 2013–2014. The schedule of subject fees may be obtained from the Oregon Institute of Technology Business Affairs Office.

Rules Coordinator: Denise Reid

Address: Oregon University System, Oregon Institute of Technology, 3201 Campus Drive, Klamath Falls, OR 97601

Telephone: (541) 885-1240


Oregon University System, Southern Oregon University, Chapter 573

Rule Caption: Special Fees

Date: Time: Location:

4-30-13  3 p.m. Hannon Library, Rm. 329  Southern Oregon University   1250 Siskiyou Blvd.  Ashland, Oregon 97520

Hearing Officer: Victoria Vannice

Stat. Auth.: ORS 351.070

Stats. Implemented: ORS 351.070

Proposed Amendments: 573-040-0005

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

Summary: The proposed rule amendments eliminate fees that are no longer necessary and establish, increase, or decrease fees to more accurately reflect the actual costs of instruction for certain courses and special services not otherwise funded through the institution’s operating budget.

Rules Coordinator: Treasa Sprague

Address: Oregon University System, Southern Oregon University, 1250 Siskiyou Blvd., Ashland, OR 97520

Telephone: (541) 552-6319


Physical Therapist Licensing Board, Chapter 848

Rule Caption: Amend current rule expense budget figure to reflect 2013–2015 Board approved expenditures.

Date: Time: Location:

5-17-13  8:30 a.m. PSOB 800 NE Oregon St.,   Rm. 445  Portland OR 97232

Hearing Officer: James D. Heider

Stat. Auth.: ORS 182.462

Stats. Implemented: ORS 182.462

Proposed Amendments: 848-005-0010

Last Date for Comment: 5-15-13, Close of Business

Summary: The Physical Therapist Licensing Board hereby adopts by reference the Physical Therapist Licensing Board 2013–2015 Biennium Budget of $1,000,000 covering the period from July 1, 2013 through June 30, 2015. The Executive Director of the Board will amend budgeted accounts as necessary within the approved budget of $1,000,000 for the effective operation of the Board. The Board will not exceed the approved 2013–2015 Biennium Budget without amending this rule, notifying holders of licenses, and holding a public hearing thereon as required by ORS Chapter 182.462(1) and (2). Copies of the budget are available on the Board website or by contacting the Board’s office.

Rules Coordinator: James Heider

Address: Physical Therapist Licensing Board, 800 NE Oregon St, Suite 407, Portland, OR 97232

Telephone: (971) 673-0203


Psychiatric Security Review Board, Chapter 859

Rule Caption: PSRB Conditional Release of Clients with a Department of Corrections Detainer

Date: Time: Location:

5-2-13  10 a.m. 610 SW Alder Ave., Suite 420  Portland, OR 97205

Hearing Officer: Juliet Follansbee

Stat. Auth.: ORS 161 & 161.336–161.346

Stats. Implemented: ORS 161.295–161.400

Proposed Amendments: 859-070-0010, 859-070-0015

Proposed Repeals: 859-070-0010(T), 859-070-0015(T)

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

Summary: (1) Amends existing rules regarding conditional release of clients. ORS 161.346(1)(b) directs the PSRB to conditionally release clients who can be adequately treated and controlled in the community. Some PSRB clients who are committed to the state hospital who are appropriate for conditional release to a community mental health agency also have a Department of Corrections (DOC) detainer. The DOC detainer prevents the Board from conditionally releasing those clients into the community under the supervision of a county mental health program until their DOC sentence is served. Consequently, the Board’s practice has been to conditionally release these clients to DOC after conducting a hearing and determining they can be adequately treated and controlled at DOC. Additionally, there are instances when a PSRB client commits a new crime which results in a conviction with a DOC sentence. Some courts immediately transport these individuals directly from court to Department of Corrections although technically still committed to the state hospital. This rule would establish the written policy to conditionally release these clients to DOC.

 (2) Repealing duplicative temporary rules 859-070-0010 and 859-070-0015.

 (3) Comments can be emailed to psrb@psrb.org or mailed at the above address.

Rules Coordinator: Mary Claire Buckley

Address: Psychiatric Security Review Board, 610 SW Alder St., Suite 420, Portland, OR 97205

Telephone: (503) 229-5596


Public Utility Commission, Chapter 860

Rule Caption: In the Matter of a Rulemaking to Adopt Federal Pipeline Safety Regulation Amendments.

Stat. Auth.: ORS Ch. 183, 756.040 & 757.039

Stats. Implemented: ORS 757.039

Proposed Amendments: 860-024-0020, 860-024-0021

Last Date for Comment: 4-23-13, 5 p.m.

Summary: The proposed rules adopt published US Department of Transportation (USDOT) amendments associated with the construction, operation and maintenance of intrastate gas pipelines and liquefied natural gas facilities. The amendments being adopted are from the Code of Federal Regulations, CFR Title 49, Part 191 (amendments through No. 22), Part 192 (amendments through No. 117), Part 199 (amendments through No. 25) and Part 40 (amendments through No. 29) .

 Per ORS 757.039(3), the commission has agreements with the USDOT to enforce federal pipeline safety regulations pertaining to pipeline facilities in Oregon. As a condition of those agreements, the Commission must annually certify to the USDOT that the Commission adopted or is in the process of adopting all current federal pipeline safety regulations applicable to intrastate gas pipelines and liquefied natural gas facilities. These rule amendments update the Oregon pipeline safety rules to be current with the federal gas pipeline safety regulations and to comply with USDOT certification requirements.

 The commission encourages participants to file written comments as early as practicable in the proceeding so that other participants have the opportunity to consider and respond to the comments before the deadline. Please reference Docket No. AR 569 on comments and file them by e-mail to the Commissions Filing Center at PUC.FilingCenter@state.or.us and also send a signed hard copy to the Filing Center at PO Box 2148, Salem, Oregon 97308-2418. For more information about the Commissions Filing Center, please see http://www.puc.state.or.us/PUC/eFiling/fcindex.shtml. Interested persons may review all filings online at http://apps.puc.state.or.us/edockets/docket.asp?DocketID=18226

Rules Coordinator: Diane Davis

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

Telephone: (503) 378-4372


 

Rule Caption: In the Matter of Amendments to OAR 860-027-0050, 860-034-0393 and 860-034-0730, Uniform System of Accounts

Stat. Auth.: ORS Ch. 183, 756, & 759

Stats. Implemented: ORS 756.105, 759.120, 759.125, & 759.130

Proposed Amendments: 860-027-0050, 860-034-0393, 860-034-0730

Last Date for Comment: 4-23-13, 5 p.m.

Summary: The current Oregon Administrative Rules and the report forms based upon those rules require reporting of Universal Service Fund (USF) collections and contributions in ways that are inconsistent with federal requirements set out in 47 CFR 32.4010 and the Federal Communications Commission RAO Letter 27. The proposed changes to the rules allow telecommunications utilities and cooperatives to record the state USF collections and contributions in balance sheet accounts as liabilities instead of assets and to record the federal USF collections and contributions in income statement accounts as revenues and expenses, consistent with federal requirements.

 The commission encourages participants to file written comments as early as practicable in the proceeding so that other participants have the opportunity to consider and respond to the comments before the deadline. Please reference Docket No. AR 570 on comments and file them by e-mail to the Commissions Filing Center at PUC.FilingCenter@state.or.us and also send a signed hard copy to the Filing Center at PO Box 2148, Salem, Oregon 97308-2418. For more information about the Commissions Filing Center, please see http://www.puc.state.or.us/PUC/eFiling/fcindex.shtml. Interested persons may review all filings online at http://apps.puc.state.or.us/edockets/docket.asp?DocketID=18243

Rules Coordinator: Diane Davis

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

Telephone: (503) 378-4372

 

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

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

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

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