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Oregon Bulletin

August 1, 2012

NOTICES OF PROPOSED RULEMAKING AND
PROPOSED RULEMAKING HEARINGS

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

Public comment may be submitted in writing directly to an agency or presented orally 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.


 

Board of Examiners for Engineering and Land Surveying, Chapter 820

Rule Caption: Amend rules related to registration and application for registration. Amend rule related to Hearing Requirements.

Date: Time: Location:

9-11-12  1:30 p.m. 670 Hawthorne Ave. SE  Suite 220  Salem, OR, 97301

Hearing Officer: Dan Linscheid

Stat. Auth.: ORS 672.255

Other Auth.: ORS 670.310

Stats. Implemented: ORS 672.002–672.325

Proposed Amendments: 820-001-0015, 820-010-0215, 820-010-0225, 820-010-0226, 820-010-0415, 820-010-0440, 820-010-0444, 820-010-0463, 820-010-0470, 820-020-0040

Last Date for Comment: 9-11-12, Close of Hearing

Summary: OAR 820-001-0015 – Revises requirements related to a hearing request as a result of recent changes made to the Model Rules as they relate to the Administrative Procedures Act (APA).

 OAR 820-010-0215 – Revises language to include that any evidence of further preparation for readmission to a subsequent examination as required by OAR 820-010-0465 must be included in the single application package.

 OAR 820-010-0225 – Revises language to clarify that examination scores will only be released if the official transcripts(s) that documents the degree and date awarded is received with 6 months of taking the examination.

 OAR 820-010-0226 – Revises language to clarify that examination scores will only be released if the official transcripts(s) that documents the degree and date awarded is received with 6 months of taking the examination. Also includes language to accept education obtained from programs related to engineering or land surveying for entrance to the FLS examination; sets the criteria.

 OAR 820-010-0415 – Housekeeping; Removes language that refers to the Washington State Board of Registration for Professional Engineers and Land Surveyors and the obsolete Memorandum of Understanding (MOU).

 OAR 820-010-0440 – Changes the available administration for the Industrial discipline from Fall to Spring; minor housekeeping.

 OAR 820-010-0444 – Housekeeping; Deletes the Washington Structural III examination from the examinations proctored by the Board.

 OAR 820-010-0463 – Housekeeping; Deletes reference to the cutoff score and MOU related to the Washington Structural III examination.

 OAR 820-010-0470 – Housekeeping; Deletes the Washington Structural III examination.

 OAR 820-020-0040 – Includes additional reasons that may invalidate the examination results of an examinee who engages in examination subversion.

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 Parole and Post-Prison Supervision, Chapter 255

Rule Caption: Amends the rules to include the notice of rights forms.

Stat. Auth.: ORS 144.140, 144.050, 144.123, 183.315, 183.415, 163.105, 163.115

Other Auth.: Smith v. Board of Parole, 250 Or App 345 (2012)

Stats. Implemented: ORS 144.106, 144.107, 144.108, 144.120, 144.122, 144.123, 144.125, 144.130, 144.185, 144.228, 144.247, 144.232, 144.315, 144.317, 144.331, 144.341, 144.343

Proposed Amendments: 255-030-0013, 255-032-0022, 255-075-0025

Last Date for Comment: 8-21-12, 5 p.m.

Summary: This rulemaking formally adopts the notice-of-rights forms for general Board hearings, murder review (aggravated murder) hearings, and sanction hearings (Morrissey hearings).

Rules Coordinator: Shawna Harnden

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

Telephone: (503) 945-0913


Commission for the Blind, Chapter 585

Rule Caption: Business Enterprise Program (BEP) Rules and Regulations.

Date: Time: Location:

9-12-12  2 p.m. 535 SE 12th Ave.  Portland, OR

Hearing Officer: Linda Mock

Stat. Auth.: ORS 346.150 & 346.540

Other Auth.: Randolph-Sheppard Act, 20 U.S.C.§ 107b (5); 34 C.F.R. § 395.4

Stats. Implemented: ORS 346.180, 346.220 & 346.510 to 346.570

Proposed Amendments: 585-010-0015

Last Date for Comment: 8-31-12, 5 p.m.

Summary: Business Enterprise Program Rules and Regulations, incorporated by reference into OAR 585-010-0015.

 The proposed rule amendment relates to OAR 585-010-0015, which adopts and incorporates by reference the Business Enterprise Rules and Regulations (BEP Rules) governing the Commission’s vending program. The Commission proposes to amend the BEP Rules in their entirety. The changes to the BEP Rules address amendments to provisions concerning licensing of blind persons to operate vending facilities on federal, state and other public buildings or property; vacancy of vending facilities; selection of licensees to operate vending facilities; subcontracting the operation of vending facilities; establishment and use of set-aside payments by licensees; Commission and licensee responsibilities in operating vending facilities, including vending facility equipment repair costs by licensees; licensee record-keeping requirements; audits of vending facility and licensee records; standards of licensee and facility appearance; election and operation of the Business Enterprise Consumer Committee; licensee complaint and Commission licensing enforcement procedures; hearing and arbitration procedures.

Rules Coordinator: Linda Mock

Address: Commission for the Blind, 535 SE 12th Ave., Portland, OR 97214

Telephone: (971) 673-1588


Department of Consumer and Business Services, Oregon Occupational Safety and Health Division, Chapter 437

Rule Caption: Proposed changes with federal OSHA amendments for hazard communication in general industry, construction, shipyard employment.

Date: Time: Location:

9-5-12  10 a.m. Labor and Industries Bldg.  350 Winter St. NE,   Conference Rm. F (Basement)  Salem, OR 97301

Hearing Officer: Sue Joye

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

Stats. Implemented: ORS 654.001–654.295

Proposed Amendments: 437-002-0005, 437-002-0100, 437-002-0107, 437-002-0118, 437-002-0122, 437-002-0280, 437-002-0288, 437-002-0360, 437-002-0364, 437-002-0377, 437-002-0378, 437-002-0391, 437-003-0001, 437-005-0001

Proposed Repeals: 437-002-0289, 437-002-0361, 437-003-0035

Last Date for Comment: 9-12-12, Close of Business

Summary: Federal OSHA modified its Hazard Communication Standard (HCS) to conform to the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals (GHS). OSHA has determined that the modifications will significantly reduce costs and burdens while also improving the quality and consistency of information provided to employers and employees regarding chemical hazards and associated protective measures. OSHA has concluded this improved information will enhance the effectiveness of the HCS in ensuring that employees are apprised of the chemical hazards to which they may be exposed, and in reducing the incidence of chemical-related occupational illnesses and injuries.

 The modifications to the standard include revised criteria for classification of chemical hazards; revised labeling provisions that include requirements for use of standardized signal words, pictograms, hazard statements, and precautionary statements; a specified format for safety data sheets; and related revisions to definitions of terms used in the standard, and requirements for employee training on labels and safety data sheets. OSHA and Oregon OSHA are also modifying provisions of other standards, including standards for flammable and combustible liquids, spray finishing, reinforced plastics, dipping and coating, welding, cutting, and brazing, hazardous waste operations and emergency response, process safety management, pipe labeling, and most substance specific health standards, to ensure consistency with the modified HCS requirements. The consequences of these modifications will be to improve safety, to facilitate global harmonization of standards, and to produce hundreds of millions of dollars in annual savings nationally.

 This rulemaking will also repeal OAR 437-002-0361, which is an Oregon-initiated rule regarding certain compliance dates for the Ethylene Oxide rule, OAR 437-002-1910.1047. These compliance dates expired in 1989 and the rule is no longer necessary. Also repealed is OAR 437-002-0289 Precautionary Labels, in general requirements in Division 2/Q. This Oregon-initiated rule is unnecessary because precautionary labels are covered in the federal amendments in this rulemaking.

Rules Coordinator: Sue C. Joye

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

Telephone: (503) 947-7449


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

Rule Caption: Workers’ compensation rules governing medical fee schedules.

Date: Time: Location:

8-21-12  10 a.m. Labor & industries Bldg.  350 Winter St. NE   Rm. F (Basement)  Salem, OR

Hearing Officer: Fred Bruyns

Stat. Auth.: ORS 656.248 & 656.726(4)

Stats. Implemented: ORS 656.248

Proposed Amendments: 436-009-0015, 436-009-0050, 436-009-0080, 436-009-0207, 436-009-0240, 436-009-0260

Last Date for Comment: 8-27-12, Close of Business

Summary: The agency proposes to amend these rules to improve organization, clarity, and consistency, to eliminate obsolete or redundant wording, and to assist readers with access to references and resources.

 More specifically:

 The agency proposes to amend OAR chapter 436, division 009, “Oregon Medical Fee and Payment Rules,” to:

 - Specify maximum monthly rental rates for certain codes used to bill for durable medical equipment, prosthetics, and orthotics, and explain how to determine daily rates.

 - Clarify that hearing aids must be prescribed by the attending physician, authorized nurse practitioner, or specialist physician.

 Require that hearing and vision services billed using certain HCPCS codes must be reimbursed at the provider’s usual fee, unless otherwise provided by contract.

 - Adjust maximum reimbursement amounts for durable medical equipment, prosthetics, orthotics, and supplies to make the maximums proportionate to the reimbursement levels by service category before 1/1/2012.

 - Use an updated Centers for Medicare and Medicaid Services (CMS) spreadsheet (DME 12_A, effective Jan. 1, 2012) as the basis for the DMEPOS fee schedule. Note: The agency adopts most of CMS’ DMEPOS fee schedule model but not CMS’ payment rates — see Appendix E to find maximum payment amounts for specific services, and refer to the “Statement of Need and Fiscal Impacts.”

 - Allow payment to ASCs for certain individual surgical procedures that are usually packaged.

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


 

Rule Caption: Workers’ compensation rules governing insurance coverage, recordkeeping, and worker leasing.

Date: Time: Location:

8-21-12  10 a.m. Labor & Industries Bldg.  350 Winter St. NE   Rm. F (Basement)   Salem, OR

Hearing Officer: Fred Bruyns

Stat. Auth.: ORS 656.407, 656.430, 656.455, 656.704, 656.726(4), 656.850, 656.855, 731.475

Stats. Implemented: ORS 656.407, 656.430, 656.455, 656.704, 656.850, 656.855, 731.475

Proposed Amendments: Rules in 436-050

Last Date for Comment: 8-27-12, Close of Business

Summary: The agency proposes to amend these rules to improve organization, clarity, and consistency, to eliminate obsolete or redundant wording, and to assist readers with access to references and resources.

 More specifically:

 The agency proposes to amend OAR chapter 436, division 050, “Employer/Insurer Coverage Responsibility,” to:

 - Amend the definition of “process claims” to allow receipt of claim reports at locations out of state as long as claims are forwarded to an Oregon location for processing.

 - Specify that proof of service of a civil penalty order may include a hard copy signed receipt or electronic verification.

 - Include the statutory limitations that an insurer may not have more than eight locations at any one time and self-insured employers may not have more than three locations where claims are processed or records are maintained.

 - Specify the types of contact information an insurer or self-insured employer must send to the director regarding its processing locations, service companies, and service agreements, and before changing its processing location, service company, or self-administration.

 - Clarify insurers’, self-insured employers’, and worker leasing companies’ record-keeping and record retention requirements.

 - Eliminate the requirement that a self-insured employer may only obtain an irrevocable standby letter of credit from a federally chartered bank that has an Oregon branch office.

 - Require that self-insured employers include in their annual reporting, the total annual paid losses for the previous four fiscal years valued as of January 1 of the current year.

 - Clarify that the director may require a self-insured employer to submit claim loss data more frequently if the nature of the self-insured employer’s business has changed since the last annual loss report.

 - Provide that when determining the amount of a self-insured employer’s security deposit, the director may consider changes in the employer’s business, and may include IBNR (“incurred but not reported”) if the director has knowledge of factors indicating financial stress or material growth in the self-insured exposure.

 - Require that a self-insured employer group provide evidence to the director that the employer requesting termination has been provided a written reminder about its potential future liability.

 - Increase the amount a self-insured employer group (other than a governmental subdivision) must maintain in a common claims fund, but provide that the common claims fund amounts can instead be included in the determination of the self-insured employer group’s security deposit.

 - Clarify that a worker leasing company may not provide workers’ compensation coverage for another leasing company doing business in Oregon, regardless of whether any of the companies involved is licensed for leasing in Oregon.

 - Prohibit a client employer from obtaining workers on a non-temporary basis from an unlicensed worker leasing company.

 - Require temporary service providers or their clients to report information upon the director’s request regarding the nature of the work performed.

 - Clarify what it means to provide a worker on a temporary basis, to better distinguish temporary from leased workers.

 - Amend the types of information a worker leasing company applicant must provide to the director.

 - Provide that the director may conduct a background investigation of an owner of a prospective leasing company.

 - Require that a worker leasing company submit a renewal application to the director at least 90 days before the expiration of the current license, and any supplemental material within 45 days before the expiration.

 - List reasons the director may refuse to issue or renew a license or disqualify a person, controlling person, or worker leasing company from applying for a license in the future; provide that a person may appeal the director’s decision.

 - Eliminate matrices for penalties against worker leasing companies and refer to the director’s general authority to impose penalties under ORS 656.745.

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


 

Rule Caption: Workers’ compensation rules governing Employer-at-Injury Program, Preferred Worker Program, and vocational assistance.

Date: Time: Location:

8-21-12  10 a.m. Labor & Industries Bldg.  350 Winter St. NE Rm. F (Basement)  Salem, OR

Hearing Officer: Fred Bruyns

Stat. Auth.: ORS 656.340, 656.622 & 656.726(4)

Stats. Implemented: ORS 656.340 & 656.622

Proposed Amendments: Rules in 436-105, 436-110, 436-120

Last Date for Comment: 8-27-12, Close of Business

Summary: The agency proposes to amend these rules to improve organization, clarity, and consistency, to eliminate obsolete or redundant wording, and to assist readers with access to references and resources.

 More specifically:

 The agency proposes to amend OAR chapter 436, division 105, “Employer-at-Injury Program” to:

 - Specify that a new employer-at-injury program may not be used for a non-disabling claim that does not become disabling within two years from the date of injury.

 - Combine the (current) $2,500 maximum reimbursement amounts for worksite modification and purchases of tools and equipment to provide a maximum combined reimbursement of $5,000.

 - Provide that all modifications and purchases made by the employer in good faith are reimbursable.

 The agency proposes to amend OAR chapter 436, division 110, “Preferred Worker Program,” to:

 - Clarify that if an employer changes its name or ownership status during a premium exemption period, the employer is not eligible for an additional three years of premium exemption.

 - Clarify that if an employer changes the job duties of a preferred worker during the premium exemption period, the employer is not eligible for an additional three years of premium exemption.

 - Provide that if the employer accommodates the worker’s injury-caused restrictions while waiting for a worksite modification to be completed, the employer may elect to start wage subsidy immediately.

 The agency proposes to amend OAR chapter 436, division 120, “Vocational Assistance to Injured Workers,” to:

 - Define “training.”

 - Require use of the cost-of-living matrix to calculate a worker’s adjusted weekly wage if the worker’s regular employment was the employment the worker held at the time of aggravation.

 - Limit the types of worker notices that must also be sent to the Workers’ Compensation Division.

 - List statutory criteria for when the insurer is required to complete an eligibility evaluation.

 - Clarify that the insurer must determine eligibility in cases where the worker’s claim was initially denied and is later accepted.

 - Clarify that the eligibility condition requiring that the worker be available in Oregon includes a worker who is within commuting distance of Oregon.

 - Include in the vocational eligibility criteria that the worker did not relinquish his or her rights to vocational assistance in writing.

 - Clarify that a condition for ending eligibility, in addition to suitable employment for 60 days, is completion of any necessary worksite modifications.

 - Amend the list of labor market references that may be used to analyze the worker’s labor market.

 - Clarify that the insurer must not use any knowledge, skills, or abilities gained by the worker after the date of injury or aggravation to determine the worker’s eligibility for vocational assistance.

 - Prescribe the conditions, time frames, and documentation applicable to a worker’s self-sponsored training.

 - Provide that basic training, on-the-job training, and occupational skills training may be extended by the insurer (beyond the time frames stated in rule).

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 Environmental Quality, Chapter 340

Rule Caption: Rulemaking increases water quality permit fees by 3 percent to address increasing permit program costs.

Date: Time: Location:

8-15-12  6 p.m. 475 NE Bellevue, Suite 110  Bend, OR

8-20-12 6 p.m. 221 Stewart Ave., Suite 201  Medford OR

8-21-12 6 p.m. 811 SW Sixth Ave., 10th Floor  Portland, OR

Hearing Officer: DEQ employee

Stat. Auth.: ORS 454.625, 468.020 & 468.065

Stats. Implemented: ORS 454.745, 454.755, 468.065, 468B.035, 468B.050, 468B.051 & 468B.195

Proposed Amendments: 340-045-0075, 340-071-0140

Last Date for Comment: 8-24-12, 5 p.m.

Summary: This proposal to amend the Oregon Administrative Rules increases water quality permit fees. DEQ proposes to increase fees for all National Pollution Discharge Elimination System and Water Pollution Control Facility permits by 3 percent to address increased water quality permit program costs. WPCF-Onsite septic system permits are included in the proposed fee increase. Suction dredge permits covered by General Permit 700-PM are not included in the proposed fee increase.

Rules Coordinator: Maggie Vandehey

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

Telephone: (503) 229-6878


 

Rule Caption: 401 Water Quality Certification Fee Increase.

Date: Time: Location:

8-15-12  6 p.m. Roseburg Central Library  1409 NE Diamond Lake Blvd.  Ford Community Rm.  Roseburg, OR 97470

8-20-12 6 p.m. Columbia Gorge Community   College  400 East Scenic Dr.  Bldg. 3, Classroom 3.203  The Dalles, OR 97058

8-23-12 9:45 a.m. DEQ Headquarters  Conference Rm. EQC-A  811 Sixth Ave.  Portland, OR 97204

Hearing Officer: DEQ employee

Stat. Auth.: ORS 420 & 468

Stats. Implemented: ORS 468B.035–468B.047

Proposed Amendments: 340-048-0055

Last Date for Comment: 8-29-12, 5 p.m.

Summary: The Oregon Department of Environmental Quality is proposing to increase fees for certifying that activities requiring federal licenses and permits comply with water quality requirements and standards. DEQ certifies compliance as authorized by Section 401 of the federal Clean Water Act. The proposed fees apply to most removal, fill and other activities, except hydroelectric, requiring 401 certification.

 This rulemaking would increase 401 certification fees to cover program costs, provide additional staff to expedite review and approval, and enhance technical assistance to applicants.

 The proposed changes will apply to those requiring federal permits or licenses for removal, fill or other activities (except hydroelectric projects) that may result in discharges to Oregon’s waters. Applicants could include individuals, small and large businesses, local governments, state and federal agencies and other entities.

Rules Coordinator: Maggie Vandehey

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

Telephone: (503) 229-6878


 

Rule Caption: Rulemaking will amend existing program rules that regulate awarding financial assistance to public agencies

Date: Time: Location:

9-4-12  3 p.m. DEQ, 811 SW 6th Ave.   10th Floor, Rm. EQC A  Portland, OR

9-5-12 3 p.m. DEQ, 475 NE Bellevue,   Suite 110, Conference Rm.  Bend, OR

9-6-12 3 p.m. DEQ, 221 Stewart Ave.   Suite 201, Large Conference Rm.  Medford, OR

Hearing Officer: DEQ employee

Stat. Auth.: ORS 468.020, 468.423–468.440

Stats. Implemented: ORS 468.423–468.440

Proposed Adoptions: 340-054-0011, 340-054-0026, 340-054-0027, 340-054-0036, 340-054-0056

Proposed Amendments: 340-054-0005, 340-054-0010, 340-054-0015, 340-054-0022, 340-054-0025, 340-054-0060, 340-054-0065, 340-054-0100, 340-054-0102, 340-054-0104, 340-054-0106, 340-054-0108

Proposed Repeals: 340-054-0020, 340-054-0021, 340-054-0023, 340-054-0024, 340-054-0035, 340-054-0055, 340-054-0085, 340-054-0087, 340-054-0090, 340-054-0093, 340-054-0095, 340-054-0097, 340-054-0098

Last Date for Comment: 9-14-12, 5 p.m.

Summary: This rulemaking will amend the Clean Water State Revolving Fund administrative rules. In Oregon, DEQ administers this loan program under the federal Clean Water State Revolving Fund program authorized by title VI of the Clean Water Act.

 The proposed amendments will update current Clean Water State Revolving Fund administrative rule language and clarify processes to improve DEQ’s ability to provide financial assistance to public agencies for water quality improvement projects. Amendments include providing flexibility to project eligibility rule language for all types of water quality improvement projects, revising the project application scoring system and ranking criteria to ensure projects funded with Clean Water State Revolving Fund money provide the most benefits possible for water quality, eliminating the expedited loan reserve because the reserve was not used, revising the definition of small community from a population of 5,000 or less to a population of 10,000 or less, increasing the small community loan reserve, reducing the annual fee on all current loans from 0.5 percent to 0.25 percent for two years, reducing interest rates for all loans based on community population and median household income, and awarding principal forgiveness priority to small communities with less than median household income.

Rules Coordinator: Maggie Vandehey

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

Telephone: (503) 229-6878


 

Rule Caption: Oregon Clean Fuels Program for fuel suppliers and producers of transportation fuels.

Date: Time: Location:

8-24-12; 8:30 a.m. 811 SW Sixth Ave. Portland, OR 97204

8-24-12; 8:30 a.m. 165 East 7th Ave., Suite 100 Eugene, OR 97401 (teleconference location)

8-24-12; 8:30 a.m. 221 Stewart Ave., Suite 201 Medford, OR 97501 (teleconference location)

8-24-12; 8:30 a.m. 475 NE Bellevue, Suite 110 Bend, OR 97701 (teleconference location)

8-24-12; 8:30 a.m. 700 SW Emigrant, #330 Pendleton, OR 97801 (teleconference location)

Hearing Officer: EQC Chair Blosser

Stat. Auth.: 2009 OL Ch. 754, House Bill 2186 (2009) & ORS 468A.050

Stats. Implemented: 2009 OL Ch. 754, House Bill 2186 (2009) & ORS 468A.050

Proposed Adoptions: 340-253-0000, 340-253-0040, 340-253-0060, 340-253-0100, 340-253-0200, 340-253-0250, 340-253-0310, 340-253-0320, 340-253-0330, 340-253-0340, 340-253-0400, 340-253-0450, 340-253-0500, 340-253-0600, 340-253-0630, 340-253-0650, 340-253-1000, 340-253-1010, 340-253-1020, 340-253-1030, 340-253-2000, 340-253-2100, 340-253-2200, 340-253-2300, 340-253-3000, 340-253-3010, 340-253-3020, 340-253-3030, 340-253-3040, 340-253-3050, 340-253-3060, 340-253-3070

Last Date for Comment: 8-31-12, 5 p.m.

Summary: Climate change poses a serious threat to Oregon’s economy, environment and public health. Transportation sources account for approximately one third of all greenhouse gas emissions in Oregon that lead to climate change. The 2009 Oregon Legislature passed HB 2186 that authorized the Oregon Environmental Quality Commission to adopt rules that would reduce lifecycle emissions of greenhouse gases from Oregon’s transportation fuels by 10 percent over a 10-year period. These proposed rules provide the regulatory framework to implement HB 2186, and are now referred to as the Oregon Clean Fuels Program.

 The Oregon Clean Fuels Program would be implemented in two phases – Phase 1 would be a reporting phase beginning in 2013, and Phase 2 would be a later greenhouse gas emissions reduction phase. Phase 1 would require Oregon fuel producers and importers to register, keep records and report the volumes and carbon intensities of the fuels they provide in Oregon. Phase 2 would require regulated parties to reduce the average carbon intensity of gasoline and diesel fuel they provide in Oregon each year to meet the clean fuel standard for that year. Regulated parties could select the strategy that works best for them to meet the requirement, such as providing more biofuels, natural gas or electricity, or by purchasing clean fuel credits from suppliers of lower-carbon fuels.

 Phase 1 is intended to provide DEQ and regulated parties time to fully develop record-keeping and reporting protocols and systems. It would also allow DEQ to gather data about Oregon’s transportation fuels that will help inform DEQ and decision makers about the feasibility of moving ahead with the next phase of the program. If DEQ recommends moving forward to propose Phase 2 of the program, DEQ would initiate a new rulemaking process, including new advisory committees to gather new input on the design of the Phase 2 rules and it’s fiscal and economic impact. Phase 2 can only be implemented if:

 • The Oregon Legislature adopts a bill to remove the statutory 2015 sunset that currently applies to the Oregon Clean Fuels Program; and

 • The Oregon Environmental Quality Commission adopts rules to remove a regulatory deferral of Phase 2 of the Oregon Clean Fuels Program.

Rules Coordinator: Maggie Vandehey

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

Telephone: (503) 229-6878


 

Rule Caption: Klamath Falls PM2.5 Attainment Plan.

Date: Time: Location:

8-21-12  1 p.m. OIT, Mazama Rm.  3201 Campus Dr.  Klamath Falls, OR 97601

8-21-12 7 p.m. OIT, Mazama Rm.  3201 Campus Dr.  Klamath Falls, OR 97601

Hearing Officer: DEQ employee

Stat. Auth.: ORS 468, 468A, 468.020, 468A.025, 468A.460 & 477

Stats. Implemented: ORS 468.020, 468A.010–468A.025, 468A.035, 468A.515, 468A.555, 468A.612 & 468A.085

Proposed Adoptions: 340-240-0500 – 340-240-0630, 340-262-1000, 340-264-0175

Proposed Amendments: 340-200-0040, 340-204-0010, 340-204-0030, 340-225-0090, 340-240-0010, 340-240-0030, 340-264-0040, 340-264-0078, 340-264-0080, 340-264-0100

Last Date for Comment: 8-28-12, 5 p.m.

Summary: The Oregon Department of Environmental Quality is proposing to adopt rules as part of an attainment plan that will bring the Klamath Falls area into compliance with National Ambient Air Quality Standards for fine particulate, or PM2.5, by the federal deadline of December 2014. These amendments, if adopted, will be submitted to the U.S. Environmental Protection Agency (EPA) as a revision to the State Implementation Plan, which is a requirement of the federal Clean Air Act. The attainment plan specifies how the community will meet the particulate standard by the federal Clean Air Act deadline of December 2014, including who will conduct the work, and when and how it will be done.

 The attainment plan, based on recommendations from DEQ’s citizen advisory committee, is a comprehensive mixture of emission reduction strategies consisting of local ordinances, DEQ regulations, and non-regulatory elements including incentives and education. The plan contains additional strategies recommended by the local advisory committee that provide a margin of safety. The plan also provides contingency measures to meet the PM2.5 standard should the community fail to reduce particulate emissions by the 2014 deadline. The proposed attainment plan will aid the state and the community in controlling emissions to ensure clean air in Klamath Falls.

 Since residential wood burning emissions comprise most of the harmful particulate emissions in Klamath Falls, most of the proposed particulate reductions will come from enhancements to the community’s woodstove curtailment program, implemented through local ordinances. Other attainment strategies include continuing the program of replacing polluting uncertified woodstoves, a public awareness and education program and DEQ rules requiring reasonably available controls to reduce particulate from industrial sources.

 If the attainment plan fails to achieve the federal standard by December 2014, additional regulations in the contingency plan will further reduce particulate emissions from wood burning and industry. The proposed rules will increase regulatory flexibility by allowing new or expanded industrial facilities in Klamath Falls to meet existing federal requirements to offset their emissions by removing woodstoves from homes, thereby decreasing wood burning emissions. Historically, industry has only offset emissions by purchasing unused emission credits from other industrial facilities. These credits are not widely available, which could limit economic growth in the area.

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: Adopt Rule to Establish and Authorize Coquille Tribe Clam Harvest Permits.

Date: Time: Location:

9-7-12  8 a.m. Hermiston Conference Center  415 S. Highway 395  Hermiston, OR 97838

Hearing Officer: Fish & Wildlife Commission

Stat. Auth.: ORS 496.138

Stats. Implemented: ORS 506.129 & 507.030

Proposed Adoptions: Rules in 635-041

Proposed Amendments: Rules in 635-041

Proposed Repeals: Rules in 635-041

Last Date for Comment: 9-7-12, 8 a.m.

Summary: Adopted rule authorizes the Department to issue, upon annual request from the Coquille Indian Tribe of Oregon (Coquille Tribe), a Coquille Tribal Clam Harvest Permit for exclusive use by the Coquille Tribal members. The methods of take, special area regulations, seasons, and any other restrictions remain identical to those pertaining to sport harvest of clams. The individual Coquille Clam Harvest Permit is valid only within the Coos Bay Estuary, and does not authorize trespass upon private lands or entry or use on private or public lands where landowner permission has not been obtained, or where gathering of clams is precluded by any other statute or rule. Housekeeping and technical corrections to the regulations may occur to ensure rule consistency.

Rules Coordinator: Therese Kucera

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

Telephone: (503) 947-6033


 

Rule Caption: Adopt Rule to Establish and Authorize Siletz Tribe Clam Harvest Permits.

Date: Time: Location:

9-7-12  8 a.m. Hermiston Conference Center  415 S. Highway 395  Hermiston, OR 97838

Hearing Officer: Fish & Wildlife Commission

Stat. Auth.: ORS 496.138

Stats. Implemented: ORS 506.129 & 507.030

Proposed Adoptions: Rules in 635-041

Proposed Amendments: Rules in 635-041

Proposed Repeals: Rules in 635-041

Last Date for Comment: 9-7-12, 8 a.m.

Summary: Adopted rule authorizes the Department to issue, upon annual request from the Confederated Tribes of the Siletz Indians of Oregon (Siletz Tribe), a Siletz Tribal Clam Harvest Permit for exclusive use by the Siletz Tribal members. The methods of take, special area regulations, seasons, and any other restrictions remain identical to those pertaining to sport harvest of clams. The individual Siletz Clam Harvest Permit is valid only within Lincoln County, and does not authorize trespass upon private lands or entry or use on private or public lands where landowner permission has not been obtained, or where gathering of clams is precluded by any other statute or rule. Housekeeping and technical corrections to the regulations may occur to ensure rule consistency.

Rules Coordinator: Therese Kucera

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

Telephone: (503) 947-6033


 

Rule Caption: Adopt Rule Amendments Related to 2013 Oregon Sport Fishing Regulations.

Date: Time: Location:

9-7-12  8 a.m. Hermiston Conference Center  415 S. Highway 395  Hermiston, OR 97838

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, 506.109 & 506.129.

Proposed Adoptions: Rules in 635-011, 635-013, 635-014, 635-016, 635-017, 635-018, 635-019, 635-021, 635-023, 635-039, 635-500

Proposed Amendments: Rules in 635-011, 635-013, 635-014, 635-016, 635-017, 635-018, 635-019, 635-021, 635-023, 635-039, 635-500

Proposed Repeals: Rules in 635-011, 635-013, 635-014, 635-016, 635-017, 635-018, 635-019, 635-021, 635-023, 635-039, 635-500

Last Date for Comment: 9-7-12, 8 a.m.

Summary: These rules modify sport fishing regulations for finfish, shellfish, and marine invertebrates for 2013. Housekeeping and technical corrections to the regulations may occur to ensure rule consistency.

Rules Coordinator: Therese Kucera

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

Telephone: (503) 947-6033


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

Rule Caption: Changing OARs affecting Child Welfare programs.

Date: Time: Location:

8-28-12  8:30 a.m. 500 Summer St. NE, Rm. 251  Salem OR

Hearing Officer: Annette Tesch

Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 183.411-183.685, 411.095 & 418.005

Proposed Amendments: 413-010-0500

Last Date for Comment: 8-30-12, 5 p.m.

Summary: OAR 413-010-0500 about contested case hearings is being amended to correct its cross-reference to the policy and rules about records check requirements for relative caregivers, foster parents, adoptive resources, and other persons in the household.

 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 August 30, 2012 at 5:00 p.m. Written comments may be submitted via e-mail to Annette.Tesch@state.or.us, faxed to 503-373-7032, or mailed to Annette Tesch, Rules Coordinator, DHS - Child Welfare Programs, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The Department provides the same consideration to written comment as it does to any oral or written testimony provided at the public hearing.

Rules Coordinator: Annette Tesch

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

Telephone: (503) 945-6067


 

Rule Caption: Changing OARs affecting Child Welfare programs.

Date: Time: Location:

8-28-12  8:30 a.m. 500 Summer St. NE, Rm. 251  Salem, OR

Hearing Officer: Annette Tesch

Stat. Auth.: ORS 418.005

Stats. Implemented: ORS 409.185, 418.005, 418.015 & 419B.005–419B.050

Proposed Amendments: 413-015-0470

Proposed Repeals: 413-015-0470(T)

Last Date for Comment: 8-30-12, 5 p.m.

Summary: OAR 413-015-0470 about child protective services (CPS) assessments and notifications is being amended to modify the notification at the conclusion of a CPS assessment to be a verbal notification rather than a written notification. There will still be written notification to perpetrators of founded dispositions. This amendment further details the documentation requirements as they relate to the notification. These amendments also make permanent temporary rule changes adopted on March 12, 2012.

 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 August 30, 2012 at 5:00 p.m. Written comments may be submitted via e-mail to Annette.Tesch@state.or.us, faxed to 503-373-7032, or mailed to Annette Tesch, Rules Coordinator, DHS - Child Welfare Programs, 500 Summer Street NE E48, 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 Child Welfare programs.

Date: Time: Location:

8-28-12  8:30 a.m. 500 Summer St. NE, Rm. 251  Salem, OR

Hearing Officer: Annette Tesch

Stat. Auth.: ORS 418.005 & 418.640

Stats. Implemented: ORS 418.005, 418.630 & 418.640

Proposed Amendments: 413-120-0830

Last Date for Comment: 8-30-12, 5 p.m.

Summary: OAR 413-120-0830 about Department actions prior to the physical placement of a child in the home of the family selected to be the adoptive resource is being amended to revise the policy about when the Department may issue a foster care certificate for a selected adoptive family. This amendment allows the Department to issue a foster care certificate by accepting the paperwork submitted from the private adoption agency that completed the adoption approval certificate, and clarifies the authority of the Department to issue a foster care certificate when a home study has been completed for the family who applied to adopt. It also updates names used to identify the organization.

 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 August 30, 2012 at 5:00 p.m. Written comments may be submitted via e-mail to Annette.Tesch@state.or.us, faxed to 503-373-7032, or mailed to Annette Tesch, Rules Coordinator, DHS - Child Welfare Programs, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The Department provides the same consideration to written comment as it does to any oral or written testimony provided at the public hearing.

Rules Coordinator: Annette Tesch

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

Telephone: (503) 945-6067


Department of Human Services, Children, Adults and Families Division: Self-Sufficiency Programs, Chapter 461

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

Date: Time: Location:

8-28-12  10 a.m. 500 Summer St. NE, Rm. 251  Salem, OR

Hearing Officer: Annette Tesch

Stat. Auth.: 181.537, 409.050, 410.070, 411.060, 411.070, 411.083, 411.116, 411.400, 411.404, 411.704, 411.706, 411.816, 412.006, 412.009, 412.014, 412.016, 412.024, 412.049, 412.079, 412.124, 414.231, 2011 Or. Laws 604

Other Auth.: 42 USC 602(a), 42 USC §1396r-5(d)(3), 45 CFR 98.1(a)(1), 45 CFR 98.42, 45 CFR 98.45, 45 CFR 260, 45 CFR 260.30, 45 CFR 260.31, 45 CFR 264.1, 45 CFR 400.4, 45 CFR 400.7, 45 CFR 400.22(a), 45 CFR 400.51(a), 45 CFR 400.53(a), 45 CFR 400.58(a)(7), 45 CFR 400.77, P.L. 92-336

Stats. Implemented: 181.537, 409.010, 409.050, 409.610, 410.070, 411.060, 411.070, 411.081, 411.083, 411.116, 411.117, 411.122, 411.400, 411.404, 411.704, 411.706, 411.816, 411.825, 412.001, 412.006, 412.009, 412.014, 412.016, 412.024, 412.049, 412.064, 412.079, 412.124, 414.025, 414.231, 414.826, 414.831, 657A.340, 2011 Or. Laws 604, 2012 Or. Laws 107

Proposed Amendments: 461-001-0000, 461-110-0340, 461-110-0370, 461-110-0430, 461-110-0530, 461-110-0630, 461-125-0170, 461-135-0070, 461-135-0075, 461-135-1250, 461-135-1260, 461-140-0296, 461-145-0080, 461-145-0240, 461-145-0460, 461-145-0870, 461-155-0150, 461-155-0190, 461-155-0680, 461-160-0120, 461-160-0420, 461-160-0430, 461-160-0620, 461-165-0180, 461-170-0011, 461-180-0130, 461-190-0211, 461-193-0031, 461-193-0240, 461-193-0246, 461-193-0320, 461-193-0670

Proposed Repeals: 461-001-0000(T), 461-110-0340(T), 461-110-0530(T), 461-110-0630(T), 461-125-0170(T), 461-135-0070(T), 461-135-0075(T), 461-135-1175, 461-135-1250(T), 461-135-1260(T), 461-145-0870(T), 461-155-0150(T), 461-160-0120(T), 461-160-0620(T), 461-170-0011(T), 461-180-0130(T)

Last Date for Comment: 8-30-12, 5 p.m.

Summary: OAR 461-001-0000 defining many terms used in the eligibility rules is being amended to change the definition of “caretaker relative” in the Pre-TANF, REF, SFPSS, and TANF programs so this definition follows state statute (ORS 412.001) and so other rules that use this term also follow state statute. Under this change the term caretaker relative no longer includes any blood relative, including great and great-great grandparents. This amendment also makes permanent a temporary rule change adopted on May 1, 2012.

 OAR 461-110-0340 (about filing groups), 461-110-0530 (about financial groups), and 461-110-0630 (about need groups) are being amended to provide a more understandable and streamlined explanation of steps to follow in determining medical eligibility. Although these revisions will not change the outcome of a medical eligibility determination, the changes are intended to provide a smoother process and understanding of the Medical Assistance to Families (MAF) eligibility groups for eligibility staff and the public. OAR 461-145-0870 about deemed assets and spouses of non-parent caretaker relatives and 461-160-0120 about deemed assets, ineligible non-citizens, and fathers of an unborn are being amended to clarify how to treat the deemed income for the Medical Assistance for Families (MAF) eligibility groups. These amendments clarify what amount to deduct from an individual’s income when they are no longer in the MAF filing group but the individual’s income must be deemed back in. Although these revisions will not change the outcome of a medical eligibility determination, the changes are intended to provide a smoother process and understanding of the Medical Assistance to Families (MAF) eligibility groups for eligibility staff and the public. These rules are also being amended to make permanent changes adopted by temporary rule on May 1, 2012.

 OAR 461-110-0370 about which members of a household are considered together to determine eligibility for the SNAP program is being amended to reflect the annual federal poverty level change for 165 percent of the federal poverty limit. Elderly household individuals with permanent and severe disabling conditions may be eligible to file separately from people in their household who purchase and prepare meals together as long as the other household members income is below 165 percent of the federal poverty level.

 OAR 461-110-0430 about filing groups in the Refugee Assistance and Refugee Assistance Medical programs is being amended to clarify the policy and clearly lay out the circumstances in which a separate filing group may be created in a refugee household group. The filing group consists of individuals from the household group whose circumstances are considered in the eligibility process.

 OAR 461-125-0170 about determining deprivation based on under or unemployment in the TANF and Medical Assistance Assumed (MAA) programs and OAR 461-135-0070 about eligibility requirements in the TANF, MAA, and MAF (Medical Assistance to Families) programs are being amended to implement Senate Bill 1579, Section 81 (2012) and as part of the state’s budget shortfall strategy. This amendment makes a family ineligible for TANF program benefits for 120 days if the caretaker relative left employment for a reason without good cause. Prior to this amendment, the period of ineligibility had been 60 days. These amendments also make permanent changes adopted by temporary rule on May 1, 2012.

 OAR 461-135-0075 is being amended to address budget constraints and implement SB 1579 (2012) by changing how time on TANF is counted toward the 60-month time limit for eligibility. Under this amendment, months may be counted and are no longer exempt when the Oregon unemployment rate is equal to or greater than seven percent. Additionally, two-parent households funded with state funds will now accumulate time toward time limits. This amendment also clarifies that adults and minor parent heads of households with 60 countable months in any state will no longer be eligible for TANF, unless subject to certain exemptions. This rule is also being amended to state that months in which individuals receive a Jobs Participation Incentive food benefit do no count toward time limits. This rule is also being amended to make permanent the temporary rule changes adopted on May 1, 2012.

 OAR 461-135-1175 about the Senior Farm Direct Nutrition Program is being repealed because this program has been transferred to the Oregon Health Authority, Public Health Division, and its policies are set out at OAR 333-052-0030, 333-052-0040, 333-052-0041, 333-052-0042, 333-052-0100. This repeal makes permanent the suspension of this rule that occurred on June 8, 2012.

 OAR 461-135-1250 about specific client eligibility and participation requirements in the Post-Temporary Assistance for Needy Families (Post-TANF) program is being amended to state that program funding ended on April 30, 2012 there are no benefits after that date. This amendment also does not allow continuing benefits in the Post-TANF program after April 30, 2012 for pending or submitted hearing requests. This amendment makes permanent temporary rule changes adopted on April 12 and April 13, 2012.

 OAR 461-135-1260 about the specific requirements for the Job Participation Incentive (a $10 monthly food benefit) and OAR 461-170-0011 about changes that must be reported for the Job Participation Incentive are being amended to allow SNAP cases to be considered without being restricted by the reporting system. OAR 461-135-1260 is also being amended to clarify and expand the kinds of employment and self-employment that are counted to be eligible for JPI. OAR 461-135-1260 is also being amended to remove redundant requirements. These amendment also make permanent the temporary rule changes that were effective on May 1, 2012 and May 24, 2012.

 OAR 461-140-0296 about the length of disqualification due to asset transfers in the General Assistance, General Assistance Medical, Oregon Supplemental Income Program, and Oregon Supplemental Income Program Medical programs is being amended to adjust its standard to reflect the annual federal cost of care cost-of-living adjustments that happen every other October. These amendments keep Oregon in line with current federal standards for Department Medicaid programs and changes in the cost of living.

 OAR 461-145-0080 about the treatment of child support and cash medical support to determine eligibility for the Department’s public assistance, medical and SNAP programs is being amended to clarify how to count in-kind income when child support payments are made directly to the financial group or to a third-party for rent, mortgage, utilities, or child care.

 OAR 461-145-0240 about income-producing sales contracts is being amended to change current policy regarding the treatment of income-producing sales contracts in the General Assistance (GA), General Assistance Medical (GAM), Oregon Supplemental Income Program Medical (OSIPM), and Qualified Medicare Beneficiary (QMB) programs. This amendment identifies situations when the equity value of an income-producing sales contract is counted as a resource and when it is excluded. Currently the equity value of all income-producing sales contracts is excluded. Additionally, this amendment identifies situations when the equity value of an income-producing sales contract can result in transfer of asset penalties.

 OAR 461-145-0460 about the sale of a resource is being amended to change current policy regarding the treatment of the proceeds from the sale of a home in the General Assistance (GA), General Assistance Medical (GAM), Oregon Supplemental Income Program Medical (OSIPM), and Qualified Medicare Beneficiary (QMB) programs. This amendment identifies situations when the proceeds (including principal and interest) are counted as income, resource or excluded. Currently proceeds (regardless of whether they are income or principal) are either excluded or counted as a resource (except for GAM - if the proceeds put the benefit group over the resource limit they are counted as periodic or lump-sum income).

 OAR 461-155-0150 about the child care eligibility standard, payment rates, and copayments is being amended to increase the minimum monthly copayment from $25 to $27 and to increase copayments by 10 percent for families receiving Employment Related Day Care. This increase addresses part of the Department’s shortfall in the current biennium as part of the legislative and Department 2011-13 budget rebalance plan. These amendments make permanent the temporary rule changes to these rates that took effect on May 1, 2012. This rule is also being amended to change how rounding occurs during the calculation of the copayment.

 OAR 461-155-0190 about income and payment standards in the SNAP program is being amended to reflect changes in the countable and adjusted income limit, and the SNAP payment standard or Thrifty Food Plan. This rule will also be amended to reflect an increase in the monthly maximum benefit amount, if there is an increase.

 OAR 461-155-0680 about the supplemental telephone allowance in the Oregon Supplemental Income Program Medical (OSIPM) is being amended to remove references to Link-Up America, which are no longer applicable, and to clarify that to receive telephone assistance, a client may be either an SSI recipient, a client with an adjusted income less than the OSIPM program standard (under OAR 461-155-0250), or a client receiving in-home services if the client meets certain conditions. This language change clarifies that a client does not have to meet all three conditions in order to be eligible.

 OAR 461-160-0420 about the shelter cost calculation for the shelter deduction in the SNAP program is being amended to reflect the new utility standards effective October 1, 2012 for the 2013 federal fiscal year. Each year Oregon surveys utility companies and the general public about increases in utility costs. The utility allowances are derived from these surveys and approved by the Food and Nutrition Service in the SNAP Program State Plan. There are four utility allowances. The full utility allowance (FUA) is for any household that is responsible for paying a heating or cooling cost, or receives any benefits from Low Income Heating and Energy Assistance (LIHEAP) programs. The limited utility allowance (LUA) is used for those households with more than one non-heating/cooling cost. The individual utility allowance (IUA) for households with a single non-heat and non-telephone cost. The telephone utility allowance (TUA) is for households with only a telephone cost.

 OAR 461-160-0430 about income deductions in the SNAP program is being amended to reflect the new standard deduction for the 2013 federal fiscal year.

 OAR 461-160-0620 about income deductions and liability for OSIPM clients in long-term care is being amended to reflect the federal changes in the amounts used when calculating the maintenance needs allowance and the dependent income allowance deducted from the income of an institutionalized spouse. This amendment makes permanent a temporary rule change effective July 1, 2012.

 OAR 461-165-0180 about eligibility of child care providers is being updated 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 30 calendar days. This rule is also being amended to indicate that providers must notify the Department before using someone else to supervise a child. The rule had indicated this only applied to temporary changes.

 OAR 461-180-0130 about the effective date for restoring benefits is being amended as part of the expansion of JPI. This amendment clarifies that restoration of benefits for JPI is limited to months under which the JPI rule makes the individual eligible. Parents in the newly expanded group will not receive restored JPI benefits prior to May of this year. This amendment also makes permanent the temporary rule changes that were effective on May 24, 2012.

 OAR 461-190-0211 about the 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 adjust and clarify program restrictions implemented July 1, 2011 as a result of budget reductions from the 2011 legislative session. The monthly family maximum imposed for support services, including child care, is being removed, including for teen parents. This amendment also clarifies the rule in the context of removing maximum amounts. These amendments also make permanent temporary rule changes adopted on April 6 and May 23, 2012.

 OAR 461-193-0031 about eligibility requirements for the Refugee Case Services Project (RCSP) is being amended to clarify when an RCSP case may be opened when a newly arrived adult refugee is rejoining one or more family members in the United States.

 OAR 461-193-0240 about exemptions from participating in the New Arrival Employment Services (NAES) program is being amended to update its exempt categories by aligning with the exempt categories that apply in the TANF program in OAR 461-130-0310.

 OAR 461-193-0246 about employment and training incentives in the New Arrival Employment Services (NAES) program is being amended to limit the number of incentives presently being provided. The Refugee Program is discontinuing training and 30-day employment incentives.

 OAR 461-193-0320 about effective dates for cash assistance in the Refugee Case Service Project is being amended to clarify the dates of cash eligibility, and to comply with 45 CFR 400.77 by specifying the cash eligibility date for an employable applicant who has quit a job or refused a job without good cause within 30 consecutive calendar days prior to the application as well as the cash eligibility date for a benefit recipient whose disqualification is being lifted.

 OAR 461-193-0670 is being amended to remove statements about client requirements because its policy about client requirements is redundant and covered in another rule, OAR 461-193-0010.

 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 August 30, 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 - Self-Sufficiency Programs, 500 Summer Street NE, E-48, Salem, Oregon, 97301. The Department provides the same consideration to written comment as it does to any oral or written testimony provided at the public hearing.

Rules Coordinator: Annette Tesch

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

Telephone: (503) 945-6067


Department of Justice, Chapter 137

Rule Caption: Incarcerated obligors; Temporary employment-related modifications; Suspending support for obligor receiving cash assistance.

Stat. Auth.: ORS 25.245, 180.345, 416.455

Stats. Implemented: ORS 25.080, 25.245, 25.287, 25.321-25.343, 107.108, 107.135, 416.425,

Proposed Amendments: 137-055-3300, 137-055-3430, 137-055-5400

Proposed Repeals: 137-055-5420

Last Date for Comment: 8-31-12, 5 p.m.

Summary: OAR 137-055-3300 is being amended to clarify the process for incarcerated obligors.

 OAR 137-055-3430 is being amended to clarify the process for temporary employment-related modifications.

 OAR 137-055-5400 is being amended to clarify the process for an obligor receiving cash assistance.

 OAR 137-055-5420 is being repealed because the process is being consolidated into OAR 137-055-5400.

Rules Coordinator: Carol Riches

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

Telephone: (503) 947-4700


Department of Oregon State Police, Chapter 257

Rule Caption: Modifies OAR 257-080-0000 to be in compliance with repeal of ORS 181.290 July 2011.

Date: Time: Location:

8-20-12  3:30 p.m. 255 Capitol St.  Basement Conference Rm. A  Salem, OR 97310

Hearing Officer: Sgt Jeff Lewis

Stat. Auth.: ORS 181.280

Stats. Implemented: ORS 181.290–181.340

Proposed Adoptions: 257-080-0050, 257-080-0055

Proposed Amendments: 257-080-0000, 257-080-0005, 257-080-0010, 257-080-0015, 257-080-0020, 257-080-0025, 257-080-0030, 257-080-0035, 257-080-0040, 257-080-0045

Last Date for Comment: 8-20-12, Close of Hearing

Summary: Legislative changes in July 2011 require that we clarify rules outlining the process afforded sworn, unrepresented members of the department during consideration of their removal from state service.

Rules Coordinator: Shannon Peterson

Address: Department of Oregon State Police, 255 Capitol St. NE, 4th Floor, Salem, OR 97310

Telephone: (503) 934-0183


Department of Public Safety Standards and Training, Chapter 259

Rule Caption: Remove references to retired police officer certification.

Stat. Auth.: ORS 181.640, 181.644, 183.341, 181.534, 181.612 & 206.015

Stats. Implemented: ORS 181.640, 181.644, 183.341, 181.534, 181.612 & 206.015

Proposed Amendments: 259-008-0010, 259-013-0220, 259-013-0230

Last Date for Comment: 8-21-12, Close of Business

Summary: OAR 259-008-0068 (Retired Police Police Officer) was repealed May 1, 2012. These proposed rule changes remove all references to the obsolete program. Housekeeping changes were also made for clarity.

Rules Coordinator: Linsay Hale

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

Telephone: (503) 378-2431


 

Rule Caption: Update DOC BCC program/hours to correspond with DPSST course; Clarify documentation requirements.

Stat. Auth.: ORS 181.640

Stats. Implemented: ORS 181.640

Proposed Amendments: 259-008-0025

Last Date for Comment: 8-21-12, Close of Business

Summary: In January 2012 DPSST began delivering the new six-week basic corrections program, which is now the state standard for basic corrections training. The new program represents a substantial restructuring of basic corrections training, both with areas of additional instruction and with a significant increase in participatory learning activities. Specifically, 51 hours of reality based scenarios and eight hours of problem-based learning exercises were added to the program.

 This proposed rule increases the overall minimum course hours for DOC BCC to correspond with the new DPSST course and outlines the required program restructuring to reflect those updates. The proposed rule also clarifies the documentation required for purposes of determining equivalency of the overall program structure and of training delivery.

Rules Coordinator: Linsay Hale

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

Telephone: (503) 378-2431


Department of Transportation, Chapter 731

Rule Caption: Records, Maintenance, Right to Audit Records.

Date: Time: Location:

8-20-12  1 p.m. ODOT Salem Materials Lab  Large Conference Rm.  800 Airport Rd.,   Salem OR

Hearing Officer: Steve Cooley

Stat. Auth.: ORS 184.616, 184.619, 279A.050 & 279A.065

Stats. Implemented: ORS 279A.030, 279C.375 & 279C.440

Proposed Amendments: 731-005-0780

Last Date for Comment: 8-20-12, Close of Hearing

Summary: Under current rules and contract specifications, contractors on ODOT public improvement projects must maintain certain records and allow ODOT access to them for inspection and audit. ODOT’s expectation has been that records retained by contractors should include bidding records and contractor job-cost records. However, under current rules and contract specifications, ODOT’s obtaining access from contractors to retained records is a reactive process that is for the most part completely dependent on the goodwill and discretion of the contractor. Recent claims disputes have demonstrated a need to clarify contractors’ legal obligations when it comes to recordkeeping and claims substantiation and solidify ODOT’s legal authority to access contractor business records to ensure that the public contracting process remains transparent and competitive. Accordingly, ODOT proposes to revise its administrative rules and, eventually, its standard contract specifications to specifically identify those records, contracts must maintain in order to substantiate contractor claims. The proposed revisions to ODOT’s rules should provide ODOT with broad authority to obtain access to these contractor records and an appropriate enforcement mechanism.

Rules Coordinator: Lauri Kunze

Address: Department of Transportation, 3930 Fairview Industrial Dr. SE, Salem, OR 97302

Telephone: (503) 986-3171


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

Rule Caption: Restrictions Added to Commercial Driver License or Instruction Permit and Cancellation Action.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.040, 807.100, 809.310 & 809.415

Other Auth.: Title 49, CFR Section 383.153

Stats. Implemented: ORS 807.040, 807.045, 807.100, 807.150 & 809.415

Proposed Amendments: 735-063-0065, 735-063-0067, 735-063-0070

Last Date for Comment: 8-21-12, Close of Business

Summary: FMCSR section 383.153 requires that states place certain restrictions on a commercial driver license (CDL) or a commercial instruction driver permit if the driver meets particular physical or medical criteria. On January 30, 2012, changes to the federal regulations related to proof of medical qualification requirements for CDL holders and commercial instruction driver permit holders went into effect. A “V” restriction is required if the driver has a medical variance. DMV proposes to amend OAR 735-063-0065 to specify when a “V” restriction is required. For more clarity and consistency, DMV proposes to also specify when a “K” restriction is required in OAR 735-063-0065 and to remove that information from OAR 735-063-0070. DMV also proposes to amend OAR 735-063-0067 to authorize DMV to cancel a CDL or commercial instruction driver permit if the person does not meet DMV’s requirement to have a “V” or “K” restriction added.

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: Driving Privilege and Identification Card Cancellation and Suspension Actions Under ORS 809.310.

Stat. Auth.: ORS 184.616, 184.619, 802.010

Stats. Implemented: ORS 809.310

Proposed Amendments: 735-070-0004

Last Date for Comment: 8-21-12, Close of Business

Summary: ORS 809.310 authorizes, but does not require, the suspension and cancellation of driving privileges or an identification card when DMV determines that a person has committed an act listed in ORS 809.310(3). OAR 735-070-0004 establishes the specific situations where DMV will suspend and cancel a person’s driving privileges or identification card, including those situations where the person has provided false or fictitious information. A person may obtain an Oregon driver license or identification card by providing a false or fictitious address to DMV for various reasons, including avoidance of DEQ vehicle emissions testing requirements or avoidance of out-of-state sales tax when purchasing a new vehicle in Oregon. DMV has concluded that false or fictitious address information does not impact highway or public safety and that the potential penalties imposed for improperly registering a vehicle are sufficient deterrents. DMV proposes to amend OAR 735-070-0004 to clarify that it will cancel, but not suspend, driving privileges or an identification card when the person has given a false or fictitious address. This proposed amendment will align administrative rule with current DMV policy and procedure.

 DMV also proposes to update a statutory citation in Section (1) of the rule, which results from amendments to ORS 807.400.

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


Department of Transportation, Highway Division, Chapter 734

Rule Caption: Locations and Criteria of Variable Interstate Speed Limits.

Stat. Auth.: ORS 184.616, 184.619, 810.010 & 810.180

Stats. Implemented: ORS 810.180

Proposed Amendments: 734-020-0019

Last Date for Comment: 8-21-12, Close of Business

Summary: ORS 810.180 authorizes the Department of Transportation to conduct speed zone investigations and set speeds on most public roads, including interstate highways. As amended, 734-020-0019 will not show any current locations of variable speed limits on the Interstates because ODOT has decided that advisory speeds are sufficient for previous listed locations.

Rules Coordinator: Lauri Kunze

Address: Department of Transportation, Highway Division, 3930 Fairview Industrial Dr. SE, Salem, OR 97302

Telephone: (503) 986-3171


Land Conservation and Development Department, Chapter 660

Rule Caption: Portland metropolitan area land use and transportation scenario planning.

Date: Time: Location:

9-19-12  1:30 p.m. Metro Council Chambers  600 NE Grand Ave.  Portland, OR 97232

9-20-12 9 a.m. DLCD Basement Hearing Rm.  635 Capitol St.  Salem, OR 97301

11-15-12 9 a.m. McMinnville Civic Hall  200 NE 2nd St.  McMinnville, OR 97128

Hearing Officer: Commissioner Jerry Lidz; LCDC

Stat. Auth.: ORS 197.040, 2009 OL Ch. 865 (House Bill 2001) SS 37(8)

Stats. Implemented: 2009 OL Ch. 865 (House Bill 2001) SS 37(8)

Proposed Adoptions: 660-044-0040, 660-044-0045, 660-044-0050, 660-044-0055, 660-044-0060, 660-044-0065, 660-044-0070

Proposed Amendments: 660-044-0000, 660-044-0005

Last Date for Comment: 9-20-12, 9 a.m.

Summary: These rules carry out HB 2001, adopted by the 2009 Legislature, that directs the commission to adopt rules establishing a scenario planning process for the Portland metropolitan area by January 1, 2013. The proposed rules would apply only to the Portland metropolitan area.

 These rules establish a process for development and cooperative selection of a preferred land use and transportation scenario for the Portland metropolitan area to aid in meeting state goals to reduce greenhouse gas emissions from light vehicle travel.

 The rules provide guidance to Metro and local governments in the Portland metropolitan area about development and evaluation of alternative scenarios, selection of a preferred land use and transportation scenario, and a process for implementation of the preferred scenario through the regional framework plan, and local comprehensive plans, including transportation system plans and land use regulations. The rules also establish a schedule for initial adoption of a preferred scenario and a cycle for updating the preferred land use and transportation scenario.

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

Date: Time: Location:

9-20-12  9 a.m. DLCD Basement Hearing Rm.  635 Capitol St.  Salem, OR 97301

11-15-12 9 a.m. City Council Chambers  McMinnville Civic Hall   200 NE 2nd St.  McMinnville, OR 97128

Hearing Officer: LCDC

Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 196.471

Proposed Amendments: Rules in 660-036

Last Date for Comment: 11-15-12, 9 a.m.

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

Rules Coordinator: Casaria Tuttle

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

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


Oregon Department of Education, Chapter 581

Rule Caption: Identifies factors for when Department will initiate audit of school district or education service district

Stat. Auth.: ORS 327.141

Stats. Implemented: ORS 327.141

Proposed Adoptions: 581-023-0036

Last Date for Comment: 8-21-12, 5 p.m.

Summary: HB 2280 (2011) directed the State Board of Education to identify factors for when to initiate an audit. The proposed rule identifies factors to be used by the Department of Education when deciding to initiate a financial audit or a performance audit of a school district or education service district.

 HB 2280 also allows the Secretary of State to initiate a financial audit or performance audit of a district based on factors identified by the Secretary by rule. Additionally, the Department may contract with the Secretary of State to conduct an audit. Due to this, the Department worked with the Secretary of State to identify the factors identified in the rule so that there was consistency between the two agencies.

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5801


Oregon Education Investment Board, Chapter 705

Rule Caption: Rules regarding procedure, achievement compacts and the authority of the Chief Education Officer.

Date: Time: Location:

8-21-12  1 p.m. Oregon State Library  250 Winter St. NE  Salem, OR

Hearing Officer: Seth Allen

Stat. Auth.: Enrolled Senate Bill 1581 (Section14, Chapter 36, Oregon Laws 2012), enacted in the 2012 Regular Session of the 76th Oregon Legislative Assembly with a declaration of emergency & signed by the Governor on March 6, 2012.

Stats. Implemented: Enrolled Senate Bill 1581 (Section14, Chapter 36, Oregon Laws 2012)

Proposed Adoptions: 705-001-0000, 705-001-0005, 705-001-0010, 705-010-0005, 705-010-0010, 705-010-0015, 705-010-0020, 705-010-0025, 705-010-0030, 705-010-0035, 705-010-0040, 705-010-0045, 705-010-0050, 705-010-0055, 705-010-0060, 705-010-0065, 705-010-0070, 705-010-0075, 705-050-0010

Last Date for Comment: 08-31-2012 Close of Business

Summary: 705-001-0000 – Regarding notice of proposed rule.

 705-001-0005 – Regarding model rules of procedure.

 705-001-0010 – Regarding establishing fees for public records.

 705-010-0005 – Regarding definitions.

 705-010-0010 – Regarding parties to achievement compacts.

 705-010-0015 – Regarding terms of achievement compacts.

 705-010-0020 – Regarding optional local priorities.

 705-010-0025 – Regarding guidance.

 705-010-0030 – Regarding distribution of compacts to educational entities.

 705-010-0035 – Regarding completion and execution of achievement compacts.

 705-010-0040 – Regarding data for student groups.

 705-010-0045 – Regarding communications.

 705-010-0050 – Regarding modifications of achievement compacts.

 705-010-0055 – Regarding receipt and acceptance of achievement compacts.

 705-010-0060 – Regarding the authority of Chief Education Officer relating to achievement compacts.

 705-010-0065 – Regarding end-of-year reports.

 705-010-0070 – Regarding achievement compact advisory committees.

 705-010-0075 – Regarding recommendations from state associations.

 705-050-0010 – Regarding appointment of technical advisory committees and work groups

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, Public Health Division, Chapter 333

Rule Caption: Treatment of Allergic Response.

Date: Time: Location:

8-23-12  10 a.m. Portland State Office Bldg.  800 NE Oregon St., Rm. 1E  Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 433.810

Other Auth.: 2011 OL Ch. 70

Stats. Implemented: ORS 433.800, 433.805, 433.810, 433.815, 433.820, & 433.825

Proposed Adoptions: 333-055-0006, 333-055-0021

Proposed Amendments: 333-055-0000, 333-055-0015, 333-055-0030, 333-055-0035

Last Date for Comment: 8-24-12, 5 p.m.

Summary: The Oregon Health Authority, Public Health Division is proposing to permanently adopt and amend Oregon Administrative Rules relating to the treatment of allergic response in response to legislation passed in 2011 (SB 104, sections 8 & 9) along with making updates to outdated language and processes. The legislation that passed allows the training to be taught by an emergency medical service provider meeting requirements established by the Authority, specifies the proper administration of epinephrine, and lowers the eligibility training age from 21 to 18 years.

 The Public Health Division is responsible for the development of an educational training protocol on the treatment of allergic response to be used by providers to train individuals who have, or reasonably expect to have, responsibility for or contact with persons as a result of the individual’s occupation or volunteer status.

 These rules were last updated in 2004 and the proposed changes address the following:

 • Create definitions;

 • Clarifies who may conduct the training;

 • Creates a section on who is eligible to receive training; and

 • Updates terminology and process for the training and statements of training completion.

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: Primacy to enforce federal regulations regarding public drinking water systems.

Date: Time: Location:

8-23-12  2 p.m. Portland State Office Bldg.  800 NE Oregon St. Rm. 1D  Portland, OR 97232

Hearing Officer: Jana Fussell

Stat. Auth.: ORS 448.131

Stats. Implemented: ORS 431.110, 431.150, 448.131, 448.150, 448.175, 448.273 & 448.279

Proposed Amendments: 333-061-0020, 333-061-0032, 333-061-0036

Last Date for Comment: 8-24-12, 5 p.m.

Summary: The Oregon Health Authority, Public Health Division is proposing to amend Oregon Administrative Rules 333-061-0020, 333-061-0032, and 333-061-0036 related to public water systems to ensure that these rules are no less stringent than corresponding federal regulations as required by the U.S. Environmental Protection Agency (EPA) to grant to Oregon primary enforcement responsibility (“Primacy”) for federal safe drinking water regulations. The rule amendments required by EPA are detailed in a May 17, 2011 letter to the Authority, available upon request.

Rules Coordinator: Brittany Sande

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

Telephone: (971) 673-1291


Oregon Liquor Control Commission, Chapter 845

Rule Caption: Implement statutory change allowing any state’s law violations to be used as license refusal basis.

Date: Time: Location:

8-23-12  10 a.m. 9079 SE McLoughlin  Portland, OR 97222

Hearing Officer: Jennifer Huntsman

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

Stats. Implemented: ORS 471.313

Proposed Amendments: 845-005-0325

Last Date for Comment: 9-6-12, 5 p.m.

Summary: This rule describes the Commission’s reasons related to the applicant’s qualifications for which the Commission will deny a license unless the applicant shows good cause to overcome the criteria. The 2011 legislature passed Senate Bill (SB) 36, effective January 1, 2012. SB 36 amended ORS 471.313 with regards to law violations as a license refusal basis. The statute still requires a conviction and all law violations must be related to the fitness and ability of the applicant to lawfully carry out activities under the license in order to be used as a refusal basis. The statutory amendment expanded the laws in question to those of any state, not just Oregon laws. Staff recommends amending OAR 845-005-0325 (5) to harmonize the rule language with the statutory language now in effect.

Rules Coordinator: Jennifer Huntsman

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

Telephone: (503) 872-5004


 

Rule Caption: Implement statutory change allowing nonprofits to auction or raffle alcohol once per year without license.

Date: Time: Location:

8-28-12  10 a.m. 9079 SE McLoughlin Blvd.  Portland, OR 97222

Hearing Officer: Jennifer Huntsman

Stat. Auth.: ORS 471, 471.030, 471.040, 471.190 & 471.730(1) & (5)

Stats. Implemented: ORS 471.190, 471.360 & 471.482

Proposed Amendments: 845-005-0440

Last Date for Comment: 9-11-12, 5 p.m.

Summary: This rule describes the required qualifications and privileges associated with the Commission’s issuance of a Temporary Sales License (TSL). The 2012 legislature passed House Bill (HB) 4047, effective March 5, 2012. HB 4047 amended ORS 471.162 to expand a nonprofit or charitable organization’s ability to conduct certain activities without a license. They can now conduct raffles as well as auctions once a year without a license and the alcohol product can now be distilled spirits as well as malt beverages or wine. For this reason, staff recommends the deletion of the current section (6) regarding just raffles. More details about what is allowed with regard to auctions and raffles will be explained in our licensing materials. Staff is also recommending a few minor housekeeping amendments while this rule matter is open.

Rules Coordinator: Jennifer Huntsman

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

Telephone: (503) 872-5004


Oregon University System, Chapter 580

Rule Caption: Amendment is housekeeping to define what constitutes a “major traffic offense.”

Stat. Auth.: ORS 351

Stats. Implemented: ORS 351

Proposed Amendments: 580-040-0030

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

Summary: Oregon Administrative Rule 580-040-0030 governs vehicle safety, including standards by which vehicles may be used for officially-sanctioned activities of the Board and OUS and its institutions. The administrative rule contains a reference to an Oregon Revised Statute that has been repealed. This proposed amendment is a housekeeping amendment in order to define what constitutes a “major traffic offense” for purposes of the rule without a cross-reference to a repealed statute.

Rules Coordinator: Marcia M. Stuart

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

Telephone: (541) 346-5749


 

Rule Caption: Compliance with COA ruling on the use of concealed weapons on OUS property.

Stat. Auth.: ORS 351

Stats. Implemented: ORS 351

Proposed Amendments: 580-022-0045

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

Summary: On September 28, 2011, the Oregon Court of Appeals invalidated the Board’s above-stated rule on firearms, holding that it was preempted by the Oregon Legislature as a “regulation.” While the Court of Appeals observed that this Board possessed broad authority to control its property, it held that an administrative rule – which carries the ‘force of law’– attempted to “regulate” firearms in a way that the Legislature intended to preempt.

 This action revises the language of the administrative rule in question to comply with the Oregon Court of Appeals decision by removing reference to firearms.

Rules Coordinator: Marcia M. Stuart

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

Telephone: (541) 346-5749


Oregon University System, Portland State University, Chapter 577

Rule Caption: Repeal obsolete harassment/discrimination rules to comply with the new University Policy addressing these issues.

Stat. Auth.: ORS 351, 351.070 & 352.360

Stats. Implemented: ORS 352.360

Proposed Repeals: Rules in 577-032 (577-032-0010 – 577-032-0080), 577-001-0125

Last Date for Comment: 8-21-12, Close of Business

Summary: PSU has adopted a new, comprehensive Prohibited Discrimination and Harassment Policy, available at www.pdx.edu/ogc/policy-library. The repeal of these obsolete rules is necessary to conform with the new University Policy.

Rules Coordinator: Lorraine D. Baker

Address: Oregon University System, Portland State University, PO Box 751, Portland, OR 97207-0751

Telephone: (503) 725-2656


Oregon University System, University of Oregon, Chapter 571

Rule Caption: Institute random student-athlete drug testing and provide for safe-reporting program.

Date: Time: Location:

8-23-12  2 p.m. Walnut Rm., EMU  University of Oregon  Eugene, OR

Hearing Officer: Lisa Peterson

Stat. Auth.: ORS 351 & 352

Stats. Implemented: ORS 352.008

Proposed Adoptions: 571-004-0038

Proposed Amendments: 571-004-0020, 571-004-0025, 571-004-0030, 571-004-0050, 571-004-0055

Last Date for Comment: 8-24-12, 12 p.m.

Summary: The proposed amendments and new rule to the University of Oregon’s drug testing rules emphasize that illicit and performance enhancing drugs are not allowed, provide for random drug testing, outline sanctions for positive drug tests, outline drug testing methods, and encourage self-reporting and treatment for drug use. These amendments and new rule are necessary for the following reasons. First, the University seeks to educate its student-athletes about the detrimental effects of drug use on their health, safety, academic work, and future careers. Second, the University must abide by NCAA rules and uphold the integrity of its Athletic Department. Third, because student-athletes represent the University in various settings, the University has an interest in promoting drug-free and healthful lifestyles to all of the community through its Athletics programs. Fourth, the University must minimize the risk of injury caused by student-athlete drug use in intercollegiate athletics. Fifth, the University must be able identify present or potential substance use and provide treatment and rehabilitation for its student-athletes. Sixth, the University seeks to maintain a fair and drug-free sport, in which no student-athlete uses or feels pressured to use performance enhancing drugs or any other illegal substance.

Rules Coordinator: Amanda Hatch

Address: Oregon University System, University of Oregon, 1226 University of Oregon, Eugene, OR 97403-1226

Telephone: (541) 346-3082


Parks and Recreation Department, Chapter 736

Rule Caption: Prohibits possession of use of alcohol beverages at Iwetemlaykin State Heritage Site.

Stat. Auth.: ORS 390.124

Stats. Implemented: ORS 390.111, 390.121 & 390.124

Proposed Amendments: 736-010-0060

Last Date for Comment: 8-31-12, 4 p.m.

Summary: Since the park opened alcohol has been banned at Iwetemlaykin State Heritage Site. The temporary ban was placed by the park manager as a result of tribal concerns raised during the planning process for the park. The site is a very special place and as such it was determined that it should be one of the few state park properties where alcohol is prohibited.

 While the temporary ban placed by the park manager has been effective, OPRD made a commitment during the park planning process to seek a permanent ban in rule. This rule amendment will add Iwetemlaykin State Heritage Site to the list of parks where possession or use of alcoholic beverages is prohibited.

Rules Coordinator: Vanessa DeMoe

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

Telephone: (503) 986-0719


Public Utility Commission, Chapter 860

Rule Caption: In the Matter of Amendments to OAR 860-032-0007 to Address Call Termination Issues. (AR 566)

Date: Time: Location:

8-22-12  9:30 a.m. Public Utility Commission  550 Capitol St. NE  Main Hearing Rm.  Salem, OR 97301

Hearing Officer: Allan J. Arlow

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

Stats. Implemented: ORS 756.040, 759.020, 759.030, 759.050, 759.225 & 759.690

Proposed Amendments: 860-032-0007

Last Date for Comment: 9-28-12, Close of Business

Summary: Amendments to OAR 860-032-0007 are proposed to address the problem of long distance calls not being completed to rural areas in Oregon at the same rate at which long distance calls are completed to urban areas. The proposed amendments prohibit intrastate telecommunications certificate holders from blocking, choking, reducing or restricting traffic in any way; subjecting any person, locality or exchange to undue or unreasonable discrimination; or engaging in deceptive or misleading practices. Further, the amendments make certificate holders liable for the actions of their underlying carriers. The proposed amendments provide clearly stated call termination expectations for certificated telecommunications providers and the framework for the PUC to hold certificate holders accountable to complete long distance calls to rural areas at the same rate at which they complete to urban areas.

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, 2011.

2.) Copyright 2012 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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