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Oregon Bulletin

September 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 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 Licensed Social Workers, Chapter 877

Rule Caption: Converts LCSWs to 2-year license; updates CE rules, licensee record requirements, adopts AG Model Rules.

Date: Time: Location:

10-26-12  8 a.m. Board Offices  3218 Pringle Rd. SE  2nd Floor Conference Rm.  Salem, OR

Hearing Officer: Mark Oldham, Board Chair

Stat. Auth.: ORS 675.510–675.600

Other Auth.: OAR 137-001-0005 – 137-001-0100

Stats. Implemented: ORS 675.510–675.600

Proposed Adoptions: 877-001-0009, 877-001-0028

Proposed Amendments: 877-001-0005, 877-001-0006, 877-001-0020, 877-001-0025, 877-020-0008, 877-020-0010, 877-020-0055, 877-020-0057, 877-025-0006, 877-025-0011, 877-030-0025, 877-030-0040

Proposed Repeals: 877-025-0016, 877-040-0055

Last Date for Comment: 10-26-12, 9 a.m.

Summary: Converts LCSWs to 2-year license with a transition period beginning January 1, 2012 and ending December 31, 2013, without raising fees, prorating current yearly amount due for licensure renewal to the equivalent two-year amount.

 The proposed rules adopt the Attorney General Model Rules in OAR Chapter 137 in effect as of January 31, 2012. The Board is required to use the AG Model rules. The proposed rules eliminate conflicts between Board rules and the 2012 AG Model Rules through explicit adoption, and deletion of OAR 877-040-0055 which contains provisions in with the 2012 AG Model Rules.

 The proposed rules establish specific requirements for regulated social workers to identify a name of record, address of record, and employer of record, and further require the regulated social worker to report any changes in these three record types to the Board within 30 days.

 The proposed rules further update and clarify CE requirements for renewal, and propose that, effective in 2015, on-line CE be limited to 50% of the overall CE due. The proposed rules expand the types of mental health professionals that meet Board requirements for a CE study group. The proposed rules permit limited CE credit for language courses taken to improve the ability of the regulated social worker to serve clients with increased competency.

 The proposed rules correct citation errors in Division 20 of OAR Chapter 877.

Rules Coordinator: Martin Pittioni

Address: Board of Licensed Social Workers, 3218 Pringle Rd. SE, Suite 240, Salem, OR 97302

Telephone: (503) 373-1163


Board of Parole and Post-Prison Supervision, Chapter 255

Rule Caption: Update rules to conform to changes in practice and statutory requirements.

Stat. Auth.: ORS 144.050, 144.101, 144.140 & 144.637

Stats. Implemented: ORS 144.096, 144.098, 144.102, 144.125, 144.135, 144.185, 144.270, 144.280, 144.635, 144.642, 144.644, 144.096, 144.185, 144.223, 144.335 & 144.635

Proposed Amendments: 255-060-0006, 255-060-0008, 255-060-0009, 255-060-0012, 255-060-0013, 255-060-0018, 255-060-0020, 255-060-0030

Last Date for Comment: 9-21-12, 5 p.m.

Summary: Division 60 establishes the procedural rules for the Board’s consideration of parole or post-prison supervision release of inmates. The rules are updated to include new statutory requirements (ORS 144.280), and to make changes that bring the rules into conformity with best practices for the conduct of hearings and issuance of orders.

Rules Coordinator: Shawna Harnden

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

Telephone: (503) 945-0913


 

Rule Caption: Increase payment for Board-appointed attorney in supervision violation proceedings.

Stat. Auth.: ORS 144.050, 144.140 & 144.346

Stats. Implemented: ORS 144.343

Proposed Amendments: 255-075-0035

Last Date for Comment: 9-21-12, 5 p.m.

Summary: The amendment increases the maximum payment to be made to attorneys appointed by the Board, pursuant to rule, to represent offenders in proceedings relating to violations of post-prison supervision or parole.

Rules Coordinator: Shawna Harnden

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

Telephone: (503) 945-0913


Bureau of Labor and Industries, Chapter 839

Rule Caption: Temporary rules clarifying substantial evidence and signature requirements for complaints of housing discrimination.

Stat. Auth.: ORS 659A.805

Other Auth.: ORS 659A.820

Stats. Implemented: ORS 659A.145, 659A.421 & 659A.820

Proposed Amendments: 839-003-0005, 839-003-0200

Last Date for Comment: 9-26-12, 5 p.m.

Summary: The temporary rules will clarify that the standard of substantial evidence required for a housing complaint is reasonable cause for the Commissioner to believe the facts concerning the alleged discriminatory housing practice are sufficient to warrant the initiation of a civil action in circuit court.

 The temporary rules will clarify that complaints of discrimination in housing need not be signed by an unemancipated minor complainant, but must be signed by the minor’s parent or legal guardian.

Rules Coordinator: Marcia Ohlemiller

Address: Bureau of Labor and Industries, 800 NE Oregon St., Ste. 1045, Portland, OR 97232

Telephone: (971) 673-0784


Commission for the Blind, Chapter 585

Rule Caption: Modify Public Records Rule.

Stat. Auth.: ORS 346.150

Other Auth.: ORS 183.341

Stats. Implemented: ORS 346.150

Proposed Adoptions: 585-001-0007, 585-001-0009

Last Date for Comment: 9-28-12, 5 p.m.

Summary: 585-001-0007: Requests for Release of Public Record — Adoption of this Rule will provide additional detail in regards to its public records requests. This Rule includes how the request should be received.

 585-001-0009: Release of Public Records — Adoption of this Rule will provide additional detail in regards to its public records requests. This Rule includes timeframe for providing the request and how to handle exempt material.

Rules Coordinator: Linda Mock

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

Telephone: (971) 673-1588


Department of Agriculture, Chapter 603

Rule Caption: Establishes treatment and labeling requirements for firewood imported from outside the Pacific Northwest.

Date: Time: Location:

9-26-12  1 p.m. Oregon Dept. of Agriculture  Hearings Rm.  635 Capitol St. NE  Salem, OR

Hearing Officer: Eric Edmunds

Stat. Auth.: ORS 561.305, 561.510 & 570.720

Other Auth.: ORS 561.190

Stats. Implemented: ORS 570.720

Proposed Adoptions: 603-052-1080, 603-052-1090

Last Date for Comment: 10-12-12, 5 p.m.

Summary: The purpose of this proposed rule is to prevent the introduction of wood boring pests and plant diseases in imported firewood. Invasive species including emerald ash borer, Asian longhorned beetle, and sudden oak death can be vectored by firewood. The rule would require that firewood imported from outside the Pacific Northwest (OR, WA, ID) be heat-treated and labeled. The required treatment would be 60 degrees C (140-degress F) for 60 minutes . Firewood treated in this manner could be labeled as “Approved Pest Free.” Violators would be subject to civil penalties, ranging from a Notice of Violation to a $10,000 fine, depending on the severity of the infraction.

Rules Coordinator: Sue Gooch

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

Telephone: (503) 986-4583


 

Rule Caption: Amends control area and regulations for growing Brassica spp. and Raphanus spp. in Willamette Valley.

Date: Time: Location:

9-28-12  9 a.m. Oregon State Fairgrounds  2330 17th St. NE  Cascade Hall   Salem, OR 97301

Hearing Officer: Vance Bybee

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

Stats. Implemented: ORS 570.405–570.415 & 570.425–570.450

Proposed Adoptions: 603-052-0852

Proposed Amendments: 603-052-0850, 603-052-0860, 603-052-0870, 603-052-0880

Last Date for Comment: 10-5-12, 5 p.m.

Summary: The proposed rule adopts OAR 603-052-0852 and amends OAR 603-052-0850, 603-052-0860, 603-052-0870, and 603-052-0880 to maintain current accurate control areas for the production of rapeseed in the Willamette Valley. The rule protects plants cultivated within the control area from certain plants that may be a menace to Brassic spp. and Raphanus spp. and to prevent disease and weed infestations associated with growing these crops.

 The Department finds that it is necessary to provide the location and conditions for the control area as specified in this rule and indicated in the associated map to the public and growers to facilitate the orderly production of crops affected by the control area. The information provided in this rule provides growers in the control area with protection from certain plants that may be a menace to Brassica spp. and Raphanus spp. and in a manner that prevents disease, pests, and weeds.

Rules Coordinator: Sue Gooch

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

Telephone: (503) 986-4583


 

Rule Caption: Makes consistent and streamlines record keeping requirements for pesticide applicators, pesticide apprentices and trainees.

Date: Time: Location:

9-21-12  9 a.m. 635 Capitol St. NE  Salem, OR

Hearing Officer: Eric Edmunds

Stat. Auth.: ORS 634

Stats. Implemented: ORS 634

Proposed Amendments: 603-057-0130

Last Date for Comment: 9-28-12, 5 p.m.

Summary: The proposed amendments will add clarity and consistency with other administrative rules on requirements for records required to be maintained by pesticide applicators and public applicators to now include their pesticide license number. Adds the requirement of the name of applicator to be “legible” to assist in identifying the person responsible for making a pesticide application.

Rules Coordinator: Sue Gooch

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

Telephone: (503) 986-4583


 

Rule Caption: Establishes certificate fees and annual fees for persons engaged in the shellfish industry.

Date: Time: Location:

10-12-12  10 a.m. Hatfield Marine Science Center  2030 SE Marine Science Dr.   Newport, OR

Hearing Officer: Eric Edmunds

Stat. Auth.: ORS 561.190 & 622.080

Stats. Implemented: ORS 622.080

Proposed Adoptions: 603-100-0100, 603-100-0110

Last Date for Comment: 10-15-12, 5 p.m.

Summary: The rules establish new certificate fees for persons engaged in the growing, production, harvesting, or distribution of shellfish in Oregon. Certificate fees will be assessed in a manner that correlates with the annual gross income of the person engaged in the shellfish industry. The rule also establishes new annual fees that will be assessed to persons that use state lands to cultivate oysters, clams, or mussels. The annual fees will be assessed for each acre claimed by a person, and may vary depending on the classification of the land.

Rules Coordinator: Sue Gooch

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

Telephone: (503) 986-4583


Department of Community Colleges and Workforce Development, Chapter 589

Rule Caption: Amend Funding Formula for Community College Support Fund Distribution.

Date: Time: Location:

9-24-12  9 a.m. Public Service Bldg., Rm. 251A  255 Capitol St. NE  Salem, OR 97310

Hearing Officer: Linda Hutchins

Stat. Auth.: ORS 326.051, 341.015, 341.022, 341.317, 341.440, 341.525, 341.528, 341.626 & 341.665

Stats. Implemented:

Proposed Amendments: 589-002-0100

Last Date for Comment: 9-24-12, 5 p.m.

Summary: After implementing the Growth Management Component of the Community College Support Fund, the Rule Advisory Committee has found the current rule does not always produce results that are consistent with the intentions of the committee or the policy adopted by the State Board. The purpose of the rule revision is to more closely align the rule with the intent and values of the policy.

 The policy values are to maintain a floor value of FTE (Total Public Resources per FTE) and to increase predictability and stability. This is to be accomplished through the Growth Management Component that establishes the amount of FTE growth that will be included in the CCSF Distribution Formula.

 Based on the current rule, the application of the Growth Management Component allows a higher number of Funded FTE and lower Total Public Resources per FTE than is targeted by the Growth Management Component policy. This occurs when the Growth Management Component is a negative percentage. The proposed methodology accounts for negative growth by consistently applying the Growth Management Component to FTE from prior years.

Rules Coordinator: Linda Hutchins

Address: Department of Community Colleges and Workforce Development, Public Service Bldg., 255 Capitol St. NE, Salem, OR 97310

Telephone: (503) 947-2456


 

Rule Caption: Amends NCRC Program requirements for participant residency, assessment scoring and eligibility criteria.

Stat. Auth.: ORS 183, 660.318, 660.330–660.339 & 660.343

Stats. Implemented:

Proposed Amendments: 589-007-0700

Last Date for Comment: 9-24-12, 5 p.m.

Summary: Under the current rule, services provided to program participants are too broad in scope, and the agency determined that stricter limitations must be implemented to better align with HB 2353 (passed in 2011 legislative session). This rule amendment revises program requirements regarding participant residency, assessment scoring and eligibility criteria. It also includes rule language clarifications and adds the ORS citing of 660.343.

Rules Coordinator: Linda Hutchins

Address: Department of Community Colleges and Workforce Development, Public Service Bldg., 255 Capitol St. NE, Salem, OR 97310

Telephone: (503) 947-2456


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

Rule Caption: Electrical vehicle service equipment permit and inspection criteria.

Stat. Auth.: ORS 455.065

Stats. Implemented: ORS 455.065

Proposed Amendments: 918-311-0065

Last Date for Comment: 9-21-12, 5 p.m.

Summary: This proposed rule updates the permitting and inspection criteria for electric vehicle service equipment (EVSE). Manufacturers have developed level 2 service equipment that require a 30 or 40 amp branch circuit rather than a feeder. Previous technology used only feeders. This proposed rule provides uniform and consistent permit and inspection requirements for EVSE. Currently local jurisdictions attempting to follow the rule are requiring feeder permits for EVSE that require branch circuits.

Rules Coordinator: Stephanie Snyder

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

Telephone: (503) 373-7438


Department of Consumer and Business Services, Director’s Office, Chapter 440

Rule Caption: 2013 Workers’ Compensation Premium Assessment Rates.

Date: Time: Location:

9-20-12  1:30 p.m. Labor & Industries Bldg.  350 Winter St. NE,   Conference Rm. F  Salem, OR

Hearing Officer: Fred Bruyns

Stat. Auth.: ORS 705.135, 656.726 & 656.612

Stats. Implemented: ORS 656.612 & 656.614

Proposed Amendments: 440-045-0020, 440-045-0025

Last Date for Comment: 9-24-12, 5 p.m.

Summary: The director adopts by rule the workers’ compensation premium assessment rate that is paid by all employers based on their workers’ compensation premium and is collected by the insurer at the time the employer pays the premium. This assessment is used to fund workers’ compensation related programs and workplace safety and health programs that serve Oregon employers and workers. In addition, the rule adopts the rate for an assessment percentage amount that is collected from all self-insured employers as well as all self-insured employer groups to fund the Self-Insured Employers Adjustment Reserve and the Self-Insured Employer Group Adjustment Reserve. These reserves are established to assure benefits are available in the event of a financial failure of a self-insured employer or self-insured employer group. This rulemaking will adopt the assessment percentage that will be in effect from January 1, 2013 to December 31, 2013. Before recommending the 2013 premium assessment rate, the department must analyze financial data, review the data, and authorize or disapprove a proposed workers’ compensation pure premium insurance rate filing filed by the National Council on Compensation Insurance. We expect the pure premium insurance rate for workers’ compensation and the proposed rate for the 2013 premium assessment to be announced between September 6 and September 13, 2012.

 Text of the proposed rule as well as the other rulemaking documents can be found at: http://www.oregon.gov/DCBS/DIR/rules.shtml

 Address questions to: Victor Garcia, Rules Coordinator; phone 503-947-7866; fax 503-378-6444; or e-mail victor.a.garcia@state.or.us

Rules Coordinator: Victor Garcia

Address: Department of Consumer and Business Services, Director’s Office, PO Box 14480, Salem, OR 97309-0405

Telephone: (503) 947-7866


Department of Energy, Chapter 330

Rule Caption: Defines “Oregon’s share” of eligible generation under the Renewable Portfolio Standards in ORS 469A.020(3).

Date: Time: Location:

9-25-12  1 p.m. Oregon Dept. of Energy  625 Marion St. NE  Salem, OR 97301

Hearing Officer: Elizabeth Ross

Stat. Auth.: ORS 469.040, 469A.020 & 469A.130

Stats. Implemented: ORS 469A.005–469A.300

Proposed Amendments: 330-160-0015, 330-160-0050

Last Date for Comment: 9-28-12, 5 p.m.

Summary: The rule amendments define “Oregon’s share” of eligible generation attributed to upgrades at Bonneville Power Administration’s hydropower facilities as used in ORS 469A.020(3), for the purpose of compliance with the Renewable Portfolio Standard. These rule amendments enable Bonneville Power Administration to distribute RECs attributed to hydropower facility upgrades. The Agency requests public comment on these draft rules.

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: This rulemaking increases operator certification and program support fee to address increasing program costs.

Date: Time: Location:

9-19-12  6 p.m. 29353 SW Town Center Loop E  Room 211  Wilsonville, OR

Hearing Officer: DEQ Staff

Stat. Auth.: ORS 448.410, 448.425, 468.020 & 468B.030

Stats. Implemented: ORS 448.405–448.430 & 448.992

Proposed Amendments: 340-049-0010, 340-049-0015, 340-049-0020, 340-049-0030, 340-049-0035, 340-049-0040, 340-049-0055, 340-049-0060, 340-049-0065, 340-049-0085

Last Date for Comment: 9-25-12, 5 p.m.

Summary: The Oregon Department of Environmental Quality (DEQ) is proposing to increase wastewater system operator certification and program support fees. DEQ certifies wastewater system operators in Oregon as Grade I through Grade IV, depending upon the size and complexity of the wastewater system they operate. Oregon law requires owners of wastewater systems to have their systems under responsible control and supervision of certified operators.

 This rulemaking would increase operator certification and wastewater system owner program support fee to cover the costs of administering the program.

 The proposed changes in DEQ’s operator certification fee will impact individual operators and system owners. Individual operators are responsible for obtaining and maintaining their certification and license renewal. Local, state, federal government and private entities that own and operate domestic wastewater systems under the NPDES or WPCF permits issued by DEQ are affected by the 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: Onsite septic system program (Clean Streams).

Date: Time: Location:

9-17-12; 3:30 p.m. ODF 5005 Third St. Tillamook, OR

9-17-12; 10:30 a.m. Lincoln County Board of Commissioner’s Conf. Rm. 225 West Olive St. Newport, OR

9-18-12; 4 p.m. Coos Bay Library Meeting Rm. 525 Anderson Ave. Coos Bay, OR

9-20-12; 10:30 a.m. ODFW 4192 N. Umpqua Hwy. Roseburg, OR

9-20-12; 3:30 p.m. Dept. of Environmental Quality 221 Stewart, Suite 201 Medford, OR

Hearing Officer: DEQ Staff

Stat. Auth.: ORS 454.615, 454.625, 468.020 & 468.065(2)

Stats. Implemented: ORS 197.180, 454.605–454.745, 468.065 & 468B.050

Proposed Amendments: 340-071-0100, 340-071-0131, 340-071-0140, 340-071-0160, 340-071-0162, 340-071-0205, 340-071-0220, 340-071-0275, 340-071-0290, 340-071-0345, 340-071-0400, 340-071-0650, 340-018-0030

Last Date for Comment: 9-25-12, 5 p.m.

Summary: The proposed rules would amend Onsite program rules to:

 • Require the submittal of septic system inspection reports at the time of property transfer. Upon receipt of a complete report, DEQ will issue a Certificate of Acceptance.

 • Implement 2011 legislatively-approved fees, such as land use sign-off fees.

 • Implement changes to alternative treatment technologies (ATT) product approval, based on recommendations by the 2009 onsite advisory committee. This includes establishing that the products meet performance standards in the field and better track system installations.

 • Newly permitted sand filters and pressurized distribution must have a service maintenance contract and ongoing maintenance similar to ATT systems.

Rules Coordinator: Maggie Vandehey

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

Telephone: (503) 229-6878


 

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

Date: Time: Location:

9-25-12  5 p.m. DEQ Headquarters  811 SW 6th Ave, Rm. 3A  Portland, OR

9-25-12 5 p.m. DEQ Bend Office  475 NE Bellevue Dr., Suite 110  Bend, OR   (Teleconference location)

9-25-12 5 p.m. DEQ Medford Office  221 Stewart Ave., Suite 201  Medford, OR   (Teleconference location)

Hearing Officer: Gregg Dahmen

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

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

Proposed Adoptions: 340-216-0068, 340-244-0239

Proposed Amendments: 340-200-0020, 340-200-0040, 340-210-0100, 340-216-0020, 340-216-0060, 340-216-0062, 340-216-0064, 340-216-0066, 340-228-0602, 340-228-0606, 340-228-0609, 340-228-0635, 340-228-0637, 340-232-0085, 340-238-0040, 340-238-0060, 340-244-0030, 340-244-0210, 340-244-0220, 340-244-0234, 340-244-0238, 340-244-0240, 340-244-0242, 340-244-0244,340-244-0246, 340-244-0248, 340-244-0250

Proposed Repeals: 340-228-0611, 340-228-0613, 340-228-0615, 340-228-0617, 340-228-0619, 340-228-0621, 340-228-0623, 340-228-0625, 340-228-0627, 340-228-0629, 340-228-0631, 340-228-0633, 340-244-0230

Last Date for Comment: 9-28-12, 5 p.m.

Summary: The proposed rules would adopt new and amended federal air quality regulations and related permit rules. This includes adopting new national standards for electric utility steam generating units, gold mine ore processing and production, polyvinyl chloride and copolymers production, and sewage sludge incinerators, as well as changes to the federal gasoline dispensing facility rules. The rulemaking proposal would also clarify when and if Air Contaminant Discharge Permits are required for sources subject to NSPS and NESHAP.

Rules Coordinator: Maggie Vandehey

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

Telephone: (503) 229-6878


 

Rule Caption: Oakridge PM2.5 Attainment Plan.

Date: Time: Location:

9-20-12  12:30 p.m. LRAPA,  1010 Main St.  Springfiled, OR

Hearing Officer: Merlyn Hough

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

Stats. Implemented: ORS 468.020, 468A.025, 468A.035 & 468A.515

Proposed Amendments: 340-200-0040

Last Date for Comment: 9-20-12, 2:30 p.m.

Summary: This rulemaking proposes adoption of an attainment plan that will bring the Oakridge non-attainment area into compliance with the PM2.5 National Ambient Air Quality Standard. The attainment plan identifies a number of emission control strategies that will be implemented through city ordinances, state rules and non-regulatory efforts including education and incentives. A mandatory residential wood combustion curtailment program, implemented by LRAPA and the City of Oakridge, is a primary strategy to reduce PM2.5 emissions. If Oakridge does not reach attainment by the federal Clean Air Act deadline of December 2014, an additional set of contingency strategies will become effective. These contingency measures include: a stricter opacity limit, revising the current 40% opacity limit to a more restrictive 20% limit, as has been done in some other northwest communities; a stricter green-yellow-red advisory program, with more yellow and red advisory days each winter; and further restrictions on the city woodstove curtailment exemptions (for sole source, economic hardship).

 LRAPA requests public comment on whether other options should be considered for achieving the rule’s substantive goals while reducing the negative economic impact of the rule on business. These amendments, if adopted by LRAPA, will be presented to the Environmental Quality Commission for approval and submitted by DEQ to the U.S. Environmental Protection Agency as a revision to the State Implementation Plan under OAR 340-200-0040 as a requirement of the Clean Air Act.

Rules Coordinator: Maggie Vandehey

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

Telephone: (503) 229-6878


Department of Fish and Wildlife, Chapter 635

Rule Caption: Establish 2013 Seasons and Regulations for Game Mammals.

Date: Time: Location:

10-5-12  8 a.m. 2406 Cherry Ave NE  Salem, OR 97303

Hearing Officer: Fish & Wildlife Commission

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

Stats. Implemented: ORS 496.012, 496.138, 496.146 & 496.162 & 2011 OL Ch. 728 (HB 3636)

Proposed Amendments: Rules in 635-008, 635-010, 635-043, 635-045, 635-060, 635-065, 635-066, 635-067, 635-068, 635-069, 635-070, 635-071, 635-072, 635-073, 635-075, 635-078, 635-080

Proposed Repeals: 635-065-0765

Last Date for Comment: 10-5-12, 8 a.m.

Summary: Establish 2013 hunting regulations for game mammals, including season dates, open areas, location of cooperative travel management areas, wildlife areas, and other rules including, but not limited to, general hunting, controlled hunt regulations and issuing tags to Oregon resident active duty military personnel currently stationed outside of Oregon

Rules Coordinator: Therese Kucera

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

Telephone: (503) 947-6033


 

Rule Caption: Amend Wildlife Integrity rules relating to Tilapia.

Date: Time: Location:

10-5-12  8 a.m. 3406 Cherry Ave NE  Salem, OR

Hearing Officer: Fish & Wildlife Commission

Stat. Auth.: ORS 496.138, 496.146, 496.162, 509.119, 506.129 & 183.390

Stats. Implemented: ORS 496.138, 496.146, 496.162, 509.119, 506.129 & 183.390

Proposed Amendments: Rules in 635-056

Last Date for Comment: 10-5-12, 8 a.m.

Summary: Amend Wildlife Integrity Rules regarding selling and exchanging of Tilapia, including, but not limited to, expanding approved Tilapia species and rearing requirements.

Rules Coordinator: Therese Kucera

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

Telephone: (503) 947-6033


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

Rule Caption: Update code editions, penalty matrix, and other minor changes.

Stat. Auth.: ORS 480.380

Stats. Implemented: ORS 480.380 & 480.385

Proposed Amendments: 837-020-0040, 837-020-0125

Last Date for Comment: 9-28-12, 5 p.m.

Summary: This rule change is needed to update the editions for codes used for cardlock facility inspections and the penalty matrix and other minor changes needed to be updated.

Rules Coordinator: Connie Dalke

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

Telephone: (503) 934-8211


 

Rule Caption: Update code editions and add clarifying language.

Stat. Auth.: ORS 476 & 480

Stats. Implemented: ORS 480.410, 480.420, 480.432, 480.434, 480.435, 480.436, 480.440, 480.450 & 480.460

Proposed Amendments: Rules in 837-030

Last Date for Comment: 9-28-12, 5 p.m.

Summary: This rule change is needed to update the editions for codes used for the Liquified Petroleum Gas (LPG) program and examinations and to add clarifying language.

Rules Coordinator: Connie Dalke

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

Telephone: (503) 934-8211


Department of Public Safety Standards and Training, Chapter 259

Rule Caption: Update requirements for intermediate and advanced levels of public safety officer certification.

Stat. Auth.: ORS 181.640, 181.644, 181.651, 181.652, 181.653, 181.654 & 181.665

Stats. Implemented: ORS 181.640, 181.644, 181.651, 181.652, 181.653, 181.654 & 181.665

Proposed Amendments: 259-008-0060

Last Date for Comment: 9-21-12, Close of Business

Summary: This rule updates the requirements for achieving intermediate and advanced levels of certification in the criminal justice profession. Updates are made to the minimum years of experience, education and training requirements for members of the police, corrections and parole and probation discipline. The years of experience, training and education requirements are updated for upper levels of telecommunicator certification as well and a minimum competency requirement added.

 The rule update phases in the new requirements in by allowing officers to apply for intermediate or advanced certification under either the current or updated requirements for a period of two years.

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: Separate Wildland Interface Fire Fighter into two levels of certification (FFT1 and FFT2).

Stat. Auth.: ORS 181.640

Stats. Implemented: ORS 181.640

Proposed Amendments: 259-009-0005, 259-009-0062

Last Date for Comment: 9-21-12, Close of Business

Summary: Since its adoption into administrative rule, the National Wildfire Coordinating Group (NWCG) has made changes to the Wildland Interface Fire Fighter Standards which has presented difficulties for the Oregon fire service in relation to the supervision component in the FFT1 task book. To remedy this, this rule update separates Wildland Interface Fire Fighter into two levels of certification: Wildland Interface Fire Fighter (FFT2) and Advanced Wildland Interface Fire Fighter (FFT1).

Rules Coordinator: Linsay Hale

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

Telephone: (503) 378-2431


 

Rule Caption: Clarifies meaning of alternate coverage; Develops a process to allow Board discretion in considering applications.

Stat. Auth.: ORS 243.950

Stats. Implemented: ORS 243.962 & 243.968

Proposed Amendments: 259-070-0020

Last Date for Comment: 9-21-12, Close of Business

Summary: ORS 243.956(5) allows for the Public Safety Memorial Fund Board to award a benefit of comparable health and dental insurance “if alternate coverage is not provided.” The statute does not clarify the meaning of “alternate coverage.” Legal research indicates that this clause was added to the statute in 2001 and was intended to avoid “double-dipping” situations in which health and dental benefits were being paid to everyone, regardless of need.

 Rule language was developed to clarify the meaning of “alternate coverage” and develop a process which allows for PSMF Board discretion in situations where an eligible family member has alternate health and dental coverage available, but loses it or chooses to decline it.

Rules Coordinator: Linsay Hale

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

Telephone: (503) 378-2431


 

Rule Caption: Clarifies objectives of the Private Security rule set; Implements plain language standards.

Stat. Auth.: ORS 181.878

Stats. Implemented: ORS 181.878

Proposed Amendments: 259-060-0005

Last Date for Comment: 9-21-12, Close of Business

Summary: The objectives of the Private Security rule set is clarified for readability and consistency. Plain language standards are also implemented.

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: Define alarm monitor and alarm monitor facility; Update all definitions to ensure consistency with statute.

Stat. Auth.: ORS 181.870 & 181.878

Stats. Implemented: ORS 181.870 & 181.878

Proposed Amendments: 259-060-0010

Last Date for Comment: 9-21-12, Close of Business

Summary: SB 878 passed during the 2011 legislative session and adds persons who monitor alarm systems that are not designated to detect threats to public safety or personal well-being to the list of persons exempt from regulation as private security providers. This rule update clarifies the definition of “Alarm Monitor” and adds a definition of “Alarm Monitoring Facility” to rule.

 Also, all definitions were reviewed and updated to ensure consistency between ORS 181.870 and administrative rule. Specific hour references were removed from the definition of “Assessment Module.” The definitions for “Certified Private Security Instructor” and “Certified Private Security Firearms Instructor” were removed as both are included in the updated definition of “Instructor.” The definition of “Conviction” or “Convicted” was removed on DOJ advice. Clarifying definitions were added for the acronym “DPSST,” “Fundamental,” “Private Security Services Providers Act,” and “Unarmed Security Professional” due to use throughout the rule set. Finally, the definition of “Policy Committee” was updated to reflect the current Committee title and remove an incorrect statutory reference.

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: Clarify Private Security responsibilities and minimum standards for certification and licensure; Update education requirement.

Stat. Auth.: ORS 181.871, 181.873, 181.875 & 181.878

Stats. Implemented: ORS 181.871, 181.873, 181.875, 181.878 & 181.885

Proposed Amendments: 259-060-0015, 259-060-0020, 259-060-0120

Last Date for Comment: 9-21-12, Close of Business

Summary: These proposed rule changes reorganize and clarify the responsibilities and minimum standards for the certification and licensure of private security providers.

 First, the statutory list of prohibited acts is no longer repeated in administrative rule, rather ORS 181.873 is referenced.

 The general certification and licensure requirements and department notification requirements upon changes of information, arrests, or the ineligibility to purchase, own, or possess a firearm has been moved to OAR 259-060-0015 from various other sections of the rule set. As a result the title of OAR 259-060-0015 is changed from “Prohibited Acts” to “Private Security Provider Responsibilities.”

 The title of OAR 259-060-0020 has been changed from “Minimum Standards for Certification or Licensure” to “Minimum Standards for Certification or Licensure as a Private Security Provider.”

 Finally, an education requirement has been added to OAR 259-060-0020. New applicants for private security certification or licensure submitted after November 1, 2012 will be required to provide documentation of having earned a high school diploma or GED.

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: Clarify application process for private security certification or licensure; Clarify temporary assignment and reciprocity provisions.

Stat. Auth.: ORS 181.870 & 181.878

Stats. Implemented: ORS 181.873, 181.876, 181.878 & 181.880

Proposed Adoptions: 259-060-0025, 259-060-0030

Proposed Amendments: 259-060-0010, 259-060-0120, 259-060-0130, 259-060-0500

Proposed Repeals: 259-060-0150

Last Date for Comment: 9-21-12, Close of Business

Summary: These proposed rule changes reorganize and clarify the application process for certification and licensure of private security providers and the temporary assignment provisions.

 First, the definition of “Temporary Work Permit” was clarified to mean a temporary form of certification, subjecting it to denial and revocation proceedings.

 Currently, the requirements to apply for private security certification or licensure are found scattered throughout the rule, making it difficult to understand the application process. This proposed change removes all application references from the current rules and adopts a new rule entitled “Application for Certification or Licensure” which details the requirements to apply for the various levels of private security certification or licensure. The current rule dealing with adding certifications or licenses (OAR 259-060-0150) is repealed as it is completely absorbed into the new application-specific rule.

 Similarly, the requirements for temporary work permits and reciprocity agreements are found throughout the current rule set. The proposed change removes these references and adopts a new rule entitled “Temporary Assignments” which details the requirements to apply for and maintain temporary work permits and reciprocity agreements.

 Finally, the late submission penalty fee language was clarified to state that a fee will be assessed when the renewal applications are not submitted to the Department in a timely manner. The language allowing a waiver was removed as the new language under OAR 259-060-0025(6) allows the Department to waive the fee at its discretion.

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: Clarify training requirements for the certification and licensure of private security providers.

Stat. Auth.: ORS 181.878

Stats. Implemented: ORS 181.878

Proposed Amendments: 259-060-0060, 259-060-0120, 259-060-0130, 259-060-0135

Proposed Repeals: 259-060-0065, 259-060-0070, 259-060-0075, 259-060-0080, 259-060-0085, 259-060-0095

Last Date for Comment: 9-21-12, Close of Business

Summary: These proposed rule updates reorganize and clarify the training requirements for certification and licensure and a private security provider.

 The title of OAR 259-060-0060 is changed to “Minimum Standards for Training” and includes the minimum training requirements and all private security course descriptions. As a result, OAR 259-060-0065 (Written Examinations), 259-060-0070 (Basic Firearms Course and Marksmanship Qualifications), 259-060-0075 (Four-Hour Assessment Module), 259-060-0080 (Annual and Biennial Refresher Courses of Instruction), 259-060-0085 (Annual Firearms Marksmanship Requalification), and 259-060-0095 (Training Records) are repealed.

 The training requirements specific to alarm monitor private security professionals, unarmed private security professionals and armed private security professionals are added to OAR 259-060-0120 (Private Security Professional Certification and Responsibilities). The training requirements for supervisory and executive managers are added to OAR 259-060-0130 (Private Security Executive Manager and Supervisory Manager Licensure and Responsibilities), and the training requirements for private security instructors are added to OAR 259-060-0135 (Private Security Instructor Certification and Responsibilities).

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: Clarify process for challenging classroom instruction; Adds process for waiver of alarm monitor instructor assessment.

Stat. Auth.: ORS 181.878

Stats. Implemented: ORS 181.878

Proposed Amendments: 259-060-0090

Last Date for Comment: 9-21-12, Close of Business

Summary: This proposed rule change reorganizes and clarifies the process for challenging classroom instruction and adds a process for which the Department can waive the assessment requirement for alarm monitor instructors with three or more years of experience instructing in the field.

Rules Coordinator: Linsay Hale

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

Telephone: (503) 378-2431


 

Rule Caption: Clarifies accreditation process for private security training programs.

Stat. Auth.: ORS 181.878

Stats. Implemented: ORS 181.878

Proposed Amendments: 259-060-0092

Last Date for Comment: 9-21-12, Close of Business

Summary: This rule update reorganizes and clarifies the accreditation process for private security training programs.

Rules Coordinator: Linsay Hale

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

Telephone: (503) 378-2431


 

Rule Caption: Repeal unnecessary rule dealing with restrictions on private security vehicles and impersonation of peace officer.

Stat. Auth.: ORS 181.878

Stats. Implemented: ORS 181.878

Proposed Repeals: 259-060-0115

Last Date for Comment: 9-21-12, Close of Business

Summary: This proposed rule change repeals the rule dealing with restrictions on private security vehicles and the impersonation of a peace officer. Penalties for these acts are found under OAR 259-060-0300 (Denial/Suspension/Revocation).

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: Adopts a rule that specifies certification requirements for crowd management, event or guest services.

Stat. Auth.: ORS 181.871 & 181.878

Stats. Implemented: ORS 181.871 & 181.878

Proposed Adoptions: 259-060-0145

Last Date for Comment: 9-21-12, Close of Business

Summary: ORS 181.871(k) allows for an exemption from private security certification or licensure requirements for a person who is performing crowd management or guest services as long as that person is not armed, permitted to initiate confrontational activities, or taking enforcement action. This proposed change adopts a rule specifying the certification requirements for individuals who are providing crowd management, event or guest services and individuals who supervise individuals who are providing crowd management, event or guest services.

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: Implement moral fitness standards for private security providers.

Stat. Auth.: ORS 181.875 & 181.878

Stats. Implemented: ORS 181.875, 181.878 & 181.882

Proposed Amendments: 259-060-0010, 259-060-0015, 259-060-0020, 259-060-0120, 259-060-0130, 259-060-0300

Last Date for Comment: 9-21-12, Close of Business

Summary: ORS 181.875 and ORS 181.878 authorize the Board on Public Safety Standards and Training, in consultation with the Private Security and Investigator Policy Committee (PSIPC), to develop rules outlining minimum standards of moral fitness to be upheld by certified and licensed private security providers in the state of Oregon. The PSIPC, through the Board, must also develop rules establishing procedures which detail when and how private security certification or licensure may be denied, suspended or revoked.

 The current rules were reviewed and new language was developed which clearly identifies moral fitness and develops a legally defensible denial/suspension/revocation procedure. Core values were developed to include honesty, character, the fair treatment of others, public trust and respect for the laws of this state and nation. Certain behavior, including that which results in specific criminal convictions, was identified as being automatic grounds for the denial/suspension/revocation of certification or licensure. Additional behavior/convictions are identified as potentially resulting in denial/suspension/revocation of certification or licensure based on a discretionary review process exercised by the Board, in consultation with the PSIPC. Upon final determination that a provider or applicant fails to meet the minimum moral fitness standards, an individual becomes ineligible to hold private security certification or licensure for a period of 10 years, with potential reconsideration by the PSIPC and Board after four years.

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: Reorganize and clarify the rule dealing with private security compliance and civil penalties.

Stat. Auth.: ORS 181.878

Stats. Implemented: ORS 181.878 & 181.991

Proposed Amendments: 259-060-0010, 259-060-0450

Last Date for Comment: 9-21-12, Close of Business

Summary: This proposed rule change reorganizes the administrative rule dealing with private security compliance to enhance readability and understanding and provide clarity. The definitions of “flagrant violation” and “violation” have been moved to OAR 259-060-0010 (Definitions) for consistency.

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 Revenue, Chapter 150

Rule Caption: Updating interest rate charged on delinquent tax payments; paid on refunds.

Date: Time: Location:

11-26-12  9 a.m. Revenue Bldg.  955 Center Street NE  Salem, OR

Hearing Officer: Staff

Stat. Auth.: ORS 305.100 & 305.220

Stats. Implemented: ORS 305.220

Proposed Amendments: 150-305.220(1), 150-305.220(2)

Last Date for Comment: 11-26-12, 5 p.m.

Summary: 150-305.220(1) specifies the interest rate charged on deficiencies and delinquencies of tax debt.

 150-305.220(2) specifies the interest rate paid on tax refunds.

 These rules apply to all taxes the Department of Revenue administers. The rate is the same for both and, by statute, is tied to the prevailing rate established by the Internal Revenue Service. This rate is adjusted when it becomes one percentage point different than the IRS rate, reviewed annually. This change is to reduce the rate charged or paid from 5% to 4%.

Rules Coordinator: Ken Ross

Address: Department of Revenue, 955 Center St. NE, Salem, OR 97301

Telephone: (503) 945-8890


Department of Transportation, Highway Division, Chapter 734

Rule Caption: Prequalification for Bidding Highway and Bridge Construction/Contractor Performance Evaluations.

Stat. Auth.: ORS 184.616, 184.619, 279A.050, 279A.065 & 279C.430

Stats. Implemented: ORS 279C.430

Proposed Amendments: 734-010-0220, 734-010-0290, 734-010-0300, 734-010-0320, 734-010-0330, 734-010-0340, 734 010-0350, 734-010-0380

Proposed Repeals: 734-010-0310, 734-010-0370

Last Date for Comment: 9-21-12, Close of Business

Summary: ODOT’s current evaluation and scoring procedure does not sufficiently identify the small number of contractors with records of poor performance or provide sufficient incentives to improve contractor performance. The revised rules will achieve the following objectives:

 • Use the Washington State Department of Transportation’s evaluation process as a model to build ODOT’s scoring methodology where every contractor starts with a score of zero and then increases or decreases based on performance. ODOT’s current method starts each contractor with a perfect score that is only reduced when the evaluation contains certain specific deficiencies.

 • Broaden the rating categories as well as weigh the categories based on importance or risk and increase the frequency of evaluations.

 • Eliminate the rolling average scoring method so that poor performance is promptly identified rather than minimized by the average (OAR 731-010-0310).

 • Allow more types of information and interactions with ODOT Project Managers, such as email, diary entries, phone calls, oral conversations, to be used in the performance rating.

 • Develop remedial actions and progressively tiered consequences for poor performance scores ranging from short term probation to revocation of prequalification status.

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171


Department of Transportation, Motor Carrier Transportation Division, Chapter 740

Rule Caption: Trusted Carrier Partner program for passenger-carrying motor carrier.

Stat. Auth.: ORS 184.616, 184.619, 823.011, 825.232 & 825.250

Stats. Implemented: ORS 825.212, 825.232 & 825.250

Proposed Adoptions: 740-045-0065, 740-045-0075

Proposed Amendments: 740-045-0060, 740-045-0070

Last Date for Comment: 9-21-12, Close of Business

Summary: These rules describe the qualifications necessary to participate in the Trusted Carrier Partner (TCP) program for property-carrying motor carriers and the issuance of Trusted Carrier license plates. To qualify for the program, a carrier must enroll in the Green Light program, equip participating vehicles with transponders, and pass a review of their compliance with registration, tax, and safety requirements. Carriers qualifying for the TCP program display the Trusted Carrier license plate and are not subject to random safety inspection or safety compliance reviews, unless warranted. In addition, the motor carrier qualifies for a waiver of surety bond requirements. The program is intended to help the Oregon Department of Transportation (ODOT) direct its motor carrier enforcement efforts to where they’re needed and provide an incentive for the motor carriers to be in compliance with state and federal requirements.

 Oregon’s passenger-carrying vehicle inspection program has been strongly emphasized over the last two years and includes inspections done at terminal locations, destination locations, and along the interstate at Ports of Entry. The proposed rulemaking would create a TCP program for passenger-carrying motor carriers. The program would have same requirement as property-carrying motor carriers with regard to passing a review of their compliance with registration, tax, and safety requirements. Enrollment into the Green Light program and equipping the vehicles with transponders would not be required. In addition, a passenger-carrying motor carrier would agree to have periodic inspection performed by ODOT. The proposed rulemaking is necessary to create a TCP program for passenger-carrying motor carriers. The program would be beneficial to ODOT’s safety program and to the motor carrier by allowing regular inspections of passenger-carrying vehicles to be completed at the terminal location, avoiding over the road inspection delays. The program will also provide an incentive for passenger-carrying motor carriers to be in compliance with federal and state requirements.

Rules Coordinator: Lauri Kunze

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

Telephone: (503) 986-3171


Employment Department, Child Care Division, Chapter 414

Rule Caption: Sunscreen.

Stat. Auth.: ORS 657.610

Stats. Implemented: ORS 657

Proposed Amendments: 414-205-0100, 414-300-0230, 414-0350-0180

Last Date for Comment: 9-23-12, 5 p.m.

Summary: Clarified and made more specific, requirements for the safe and appropriate use of sunscreen in child care settings, including: requiring written parental authorization, permitting use of bulk sunscreen, prohibiting use of aerosol spray bottles.

Rules Coordinator: Courtney Brooks

Address: Employment Department, Child Care Division, 875 Union St. NE, Salem, OR 97311

Telephone: (503) 947-1724


Land Conservation and Development Department, Chapter 660

Rule Caption: Regional large lot employment land in Central Oregon.

Date: Time: Location:

9-27-12  6:30 p.m. Redmond City Hall  777 SW Deschutes Ave.  Redmond, OR

11-15-12 8:30 a.m. McMinnville Civic Hall  200 NE 2nd St.  McMinnville, OR

Hearing Officer: Catherine Morrow; LCDC

Stat. Auth.: ORS 197.040

Other Auth.: Statewide Planning Goals (OAR 660, div 15)

Stats. Implemented: ORS 195, 197

Proposed Adoptions: 660-024-0045

Proposed Amendments: 660-024-0040

Last Date for Comment: 11-15-12, 8:30 a.m.

Summary: The proposed new and amended rules will provide procedures and requirements for determining large lot employment land need in the three-county Central Oregon region (Crook, Deschutes and Jefferson Counties, and participating cities in those counties). The rules will include planning and zoning requirements for sites added to UGBs in response to the determined need, and will provide for urban growth boundary amendments to accommodate the need.

Rules Coordinator: Casaria Taylor

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

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


Landscape Contractors Board, Chapter 808

Rule Caption: Amends written contract standards for contracts and subcontracts with other contractors.

Date: Time: Location:

9-25-12  9 a.m. LCB  2111 Front St. NE, Suite 2-101  Salem, OR 97301

Hearing Officer: Shelley Sneed

Stat. Auth.: ORS 670.310 & 671.670

Stats. Implemented: ORS 671.625

Proposed Amendments: 808-002-0020

Last Date for Comment: 9-25-12, Close of Hearing

Summary: OAR 808-002-0020 is being amended to separate the written contract requirements when a contract is with a homeowner (or agent of the homeowner) or another contractor. The standards for a contract with another contractor will no longer require all ten elements. The items being removed are: the landscape contracting business address and telephone number, the other contractors address, and the statement the business is licensed by the LCB and the current address and phone number of the LCB. These elements are still required in a contract or subcontract with a homeowner or an agent of the homeowner. This rule will be retroactive to all contracts signed on or after August 1, 2011.

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


 

Rule Caption: Clarifies rules for continuing education credit for teaching and presenting.

Date: Time: Location:

9-25-12  9 a.m. LCB  2111 Front St. NE, Suite 2-101  Salem, OR 97301

Hearing Officer: Shelley Sneed

Stat. Auth.: ORS 670.310 & 671.670

Stats. Implemented: ORS 671.676

Proposed Amendments: 808-040-0025, 808-040-0050, 808-040-0060

Last Date for Comment: 9-25-12, Close of Hearing

Summary: Clarifies rules for continuing education credit for teaching and presenting. Clarifies that credit for presenting a class is not given only for the first presentation, but for each presentation. Also clarifies the preparation and research CEH may be available one time only and what documentation is required if selected for audit.

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


 

Rule Caption: Allows civil penalty amounts to be settled.

Date: Time: Location:

9-25-12  9 a.m. LCB  2111 Front St. NE, Suite 2-101  Salem, OR 97301

Hearing Officer: Shelley Sneed

Stat. Auth.: ORS 670.310 & 671.670

Stats. Implemented: ORS 671.997

Proposed Amendments: 808-005-0020

Last Date for Comment: 9-25-12, Close of Hearing

Summary: Amends rule to allow civil penalty amounts to be settled.

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 Criminal Justice Commission, Chapter 213

Rule Caption: Aggravated Harassment Citations in Sentencing Guidelines, and SB 77 Rules.

Stat. Auth.: ORS 137.667, 183.341(2) & (4) & 203.095

Stats. Implemented: ORS 137.667, 166.070(2), 183.341(2) & (4) & 203.095

Proposed Amendments: 213-001-0000, 213-005-0001, 213-008-0003, 213-008-0005, 213-012-0020, 213-012-0030

Proposed Repeals: 213-001-0000(T), 213-070-0000, 213-070-0005, 213-070-0010, 213-070-0020, 213-070-0030, 213-070-0040, 213-070-0050

Last Date for Comment: 10-12-12, 5 p.m.

Summary: The Criminal Justice Commission (CJC) is required under ORS 137.667(1) to review all legislation creating new crimes or modifying existing crimes, and to adopt by rule necessary changes to the sentencing guidelines. CJC may also classify offenses as person felonies or person misdemeanors. ORS 137.667(1). Under the Oregon Administrative Procedures Act (APA), agencies are required to adopt rules pertaining to rulemaking procedures. ORS 183.341. The APA also requires that agencies give the public a minimum of 21 days’ notice of a proposed rulemaking before the rule becomes effective. ORS 183.335(1)(b). CJC has adopted such rules. However, the public notice period required under the CJC rules is greater that the public notice period required under the APA, i.e., 28 days’ notice versus 21 days’ notice.

 Occasionally, in order to have CJC’s proposed changes to the sentencing guidelines administrative rules take effect in a timely manner, it is necessary for CJC to provide notice that meets the statutory APA minimum notice requirement of 21 days, but which is later than CJC’s existing notice requirement of 28 days. This rule change makes permanent a temporary rule that modifies CJC’s existing administrative rules regarding notice to the public of proposed rulemaking so that CJC’s notice requirements are consistent with the advance public notice time period required by the APA. CJC’s advance notice requirements pertaining to legislators, interested parties, and other specific entities listed in CJC’s notice rules remain unchanged.

 In 2009, the Oregon Legislature created the crime of Aggravated Harassment. HB 3271 (2009). A person commits that offense, in relevant part, when the person propels a dangerous substance at a staff member (a defined term), knowing the staff member to be a staff member, while the staff member is acting in his or her official capacity. This same crime was previously a form of Assault III, and was codified at ORS 163.165(1). The Legislature requires that persons convicted of propelling a dangerous substance at a staff member (currently Aggravated Harassment, previously Assault III) be sentenced to a term of imprisonment in a state correctional facility. The references to this requirement in CJC’s rules currently use the old Assault III citation. The rule change updates those citations to the location where the requirement is currently found, in ORS 166.070, the Aggravated Harassment statute.

 Finally, CJC was required under former ORS 203.095 (2009) (SB 77 (2009)) to adopt rules pertaining to public safety services guidelines to aid CJC in determining whether a county provided a minimally adequate level of public safety services in certain defined areas. In 2012, the Oregon Legislature amended ORS 203.095 to remove CJC’s authority in this regard, and to give the Governor authority, in certain circumstances, to determine whether a county is providing a minimally adequate level of state required services. HB 4176 (2012). As a result, CJC is repealing its rules pertaining to determination of a minimally adequate level of public safety services.

Rules Coordinator: Craig Prins

Address: Oregon Criminal Justice Commission, 885 Summer St. NE, Salem, OR 97301

Telephone: (503) 378-4830


Oregon Department of Education, Chapter 581

Rule Caption: Repeals duplicative rules and corrects cross reference in special education rules.

Date: Time: Location:

9-26-12  1 p.m. Rm. 251A, Public Service Bldg.  255 Capitol St. NE  Salem, OR

Hearing Officer: Cindy Hunt

Stat. Auth.: ORS 343.055

Stats. Implemented: ORS 343.155 & 343.177

Proposed Amendments: 581-015-2425

Proposed Repeals: 581-015-0133, 581-015-0710

Last Date for Comment: 9-26-12, 5 p.m.

Summary: The 2004 Amendments to the IDEA and corresponding regulations, effective October 2006, required changes to existing state regulations. In addition, the state regulations had been reorganized in 2007 and renumbered in a more logical sequence so that information is easier to find. Regulations had also been updated to reflect more current language, and some regulations had been amended for clarity or to align more closely with the federal statutes and regulations. Obsolete rules were repealed, and reorganization prompted repeal of some rules that have been combined with new or amended rules.

 Two rules intended for repeal at this time, 581-015-0133 and 581-015-0710, were missed through this extensive Division 15 rewrite. These rules are: 581-015-0133 which was renumbered to 581-015-2295 and 581-015-0710 which was renumbered to 581-015-2260. These two renumbered rules need to be removed and repealed.

 Finally, 581-015-2425(5)(b), on disciplinary removals, was also modified at this time. It currently reads “provide services to the student in an interim alternative educational setting, determined by the IEP team, in accordance with OAR 581-015-2345”. The reference to 581-015-2345 incorrectly refers back to due process hearing request and response. This is a typo. Subsection (5)(b) of 581-015-2425 should refer to OAR 581-015-2435 which appropriately references the requirements of an interim alternative educational setting as needed in this rule.

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


 

Rule Caption: Makes rules relating to dispute resolution and payment compliant with federal IDEA.

Date: Time: Location:

9-26-12  1 p.m. Public Services Bldg., Rm. 251A  255 Capitol St. NE  Salem, OR

Hearing Officer: Cindy Hunt

Stat. Auth.: ORS 343.475 & 343.511

Stats. Implemented: ORS 343.475, 343.495, 343.511, 34 CFR 303.120, 303.511, 303.520 & 303.521

Proposed Adoptions: 581-015-2786

Proposed Amendments: 581-015-2865, 581-015-2870, 581-015-2885, 581-015-2890

Last Date for Comment: 10-11-12, 5 p.m.

Summary: As required by the U.S. Department of Education, the proposed new OAR and OAR amendments add specific IDEA content related to the system of payments and dispute resolution options, primarily for early intervention services. A summary statement for each OAR is listed below:

 New: OAR 581-015-2785 Dispute Resolution Within and Between Public Agencies – Early Intervention (EI) Services: Specifies that each public agency responsible for providing early intervention services may use its internal procedures to timely resolve intra-agency disputes about providing or paying for these services and that early intervention services may not be denied or delayed during the pendency of disputes between agencies regarding payment for services.

 Amend: 581-015-2865 Mediation; 581-015-2870 Due Process Hearings: Adds to each OAR a provision that a parent of a child in early intervention may use the specified dispute resolution procedures (due process or mediation) to challenge the imposition of insurance fees and costs related to a public agency’s use of public or private insurance to provide early intervention.

 581-015-2885 Preschool Children with Disabilities Covered by Public Insurance; 581-015-2890 Preschool Children with Disabilities Covered by Private Insurance: Adds to each rule provisions that a public agency using a parent’s public or private insurance in conjunction with early intervention services must pay parents’ out-of-pocket costs (e.g., co-payments, deductibles) resulting from this use; may use Part C funds to pay for these costs; and must notify parents that parents may use IDEA’s dispute resolution procedures to contest any imposition of these insurance fees by the public agency.

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


 

Rule Caption: Clarifies that references to Superintendent in rules, policies and motions also refer to Deputy.

Stat. Auth.: ORS 326.051

Stats. Implemented: ORS 326.300 & 326.310

Proposed Adoptions: 581-001-0016

Last Date for Comment: 10-1-12, 5 p.m.

Summary: Senate Bill 552 (2011) amended state law to make the Governor the Superintendent of Public Instruction at the end of Superintendent Castillo’s term of office or when there is a vacancy in the office. Superintendent Castillo resigned from office effective June 30, 2012. Therefore, the Governor became Superintendent on July 1, 2012. SB 552 also directed the Governor, acting as superintendent, to appoint a Deputy Superintendent of Public Instruction. The deputy “shall perform any act or duty of the office of Superintendent of Public Instruction that is designated by the Governor, and the Governor is responsible for any acts of the deputy superintendent.”

 The Governor appointed Rob Saxton as Acting Deputy Superintendent of Public Instruction effective July 31, 2012 pending confirmation by the Senate in September. The Governor has designated Mr. Saxton, as Deputy, to perform the duties of the Superintendent of Public Instruction including acting as administrative officer of the state board and executive head of the Department of Education.

 The state board, by rule, policy and motion, has directed the superintendent to perform acts and duties as the executive head of the department. The rule clarifies that the state board’s intent is that these directions by rule also include the deputy.

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


 

Rule Caption: Changes fees charged by Department of Education for fingerprinting of public school employees.

Stat. Auth.: ORS 326.603

Stats. Implemented: ORS 326.603

Proposed Amendments: 581-021-0500

Last Date for Comment: 10-1-12, 5 p.m.

Summary: Changes the fees charged by ODE for processing fingerprinting applications for public school employees based on FBI reduction of fees. We would like to reduce the rate we charge school districts to reflect this change from $62.00 to $59.00.

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


 

Rule Caption: Changes fees charged by Department of Education for fingerprinting of private school employees.

Stat. Auth.: ORS 326.603

Stats. Implemented: ORS 326.603

Proposed Amendments: 581-045-0586

Last Date for Comment: 10-1-12, 5 p.m.

Summary: Changes the fees charged by ODE for processing fingerprinting applications for private school employees based on FBI reduction of fees. We would like reduce the rate we charge private schools to refect this change from $62.00 to $59.00

Rules Coordinator: Cindy Hunt

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

Telephone: (503) 947-5651


Oregon Health Authority, Chapter 943

Rule Caption: Amend Electronic Data Transmission rules to include Coordinated Care Organizations.

Stat. Auth.: ORS 413.042 & 414.065

Stats. Implemented: ORS 413.042 & 414.065

Proposed Amendments: 943-120-0100, 943-120-0110, 943-120-0112, 943-120-0114, 943-120-0116, 943-120-0118, 943-120-0120, 943-120-0170, 943-120-0180, 943-120-0200

Last Date for Comment: 9-24-12, 5 p.m.

Summary: The Authority is amending these rules to ensure the Authority’s EDT rules include Coordinated Care Organization related to the functionality of the Oregon Replacement Medicaid Management Information System (MMIS) in conjunction with the Health Insurance Portability and Accountability Act (HIPAA) transactions and codes set standards for the exchange of electronic data. These rules allow CCO’s to submit MMIS transactions.

Rules Coordinator: Evonne Alderete

Address: Oregon Health Authority, 500 Summer St. NE, Salem, OR 97301

Telephone: (503) 932-9663


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

Rule Caption: Clarify Technical References and Guides for Billing Services for Administrative Medical Examinations and Reports.

Date: Time: Location:

9-18-12  10:30 a.m. 500 Summer St NE, Rm, 137C  Salem, OR 97301

Hearing Officer: Cheryl Peters

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 414.065

Proposed Amendments: 410-150-0040

Proposed Repeals: 410-150-0000, 410-150-0020, 410-150-0060, 410-150-0080, 410-150 0200, 410-150-0300

Last Date for Comment: 9-20-12, 5 p.m.

Summary: The Division is amending OAR 410-150-0040 to ensure clarity in rule text. As a continued effort to make administrative rules more efficient, the Division will delete OARs 410-150-0000, 410-150-0020, 410-150-0060, 410-150-0080, 410-150-0200 and 410-150-0300, removing unnecessary text and placing other text in more appropriate rules.

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 Medical Board, Chapter 847

Rule Caption: Eliminates references to “monitoring entity” per HB 4009 and changes “vendor” to “contractor”.

Stat. Auth.: ORS 676.185-200 & 677.265

Stats. Implemented: ORS 676.185-200, 677.225, 677.265 & 677.645

Proposed Amendments: 847-065-0010, 847-065-0015, 847-065-0020, 847-065-0025, 847-065-0030, 847-065-0035, 847-065-0040, 847-065-0045, 847-065-0050, 847-065-0055, 847-065-0060, 847-065-0065, 847-065-0070

Last Date for Comment: 9-21-12, Close of Business

Summary: Proposed permanent rule amendment eliminates references to the “monitoring entity,” which was removed from the statute in 2012 HB 4009, changes “vendor” to “contractor” in keeping with the Oregon Health Authority’s OARs (Chapter 415) on the HPSP, and corrects the statutes implemented.

Rules Coordinator: Nicole Krishnaswami

Address: Oregon Medical Board, 1500 SW 1st Ave., Suite 620, Portland, OR 97201

Telephone: (971) 673-2667


 

Rule Caption: Removes prohibition on motions for summary judgment in contested cases.

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 183.335, 183.341 & 677.275

Proposed Repeals: 847-001-0025

Last Date for Comment: 9-21-12, Close of Business

Summary: Proposed rule repeal removes the prohibition on motions for summary judgment in contested cases.

Rules Coordinator: Nicole Krishnaswami

Address: Oregon Medical Board, 1500 SW 1st Ave., Suite 620, Portland, OR 97201

Telephone: (971) 673-2667


 

Rule Caption: Rule titles updated to reflect the language in the implemented statute.

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 127.800–127.995

Proposed Amendments: 847-010-0081, 847-015-0035

Last Date for Comment: 9-21-12, Close of Business

Summary: Proposed rule amendments reflect hybrid language derived from the current rule titles and the language used in the implemented statute.

Rules Coordinator: Nicole Krishnaswami

Address: Oregon Medical Board, 1500 SW 1st Ave., Suite 620, Portland, OR 97201

Telephone: (971) 673-2667


 

Rule Caption: Clarifies that a physician supervising a dispensing physician assistant must register as a dispensing physician.

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.010, 677.089, 677.510 & 677.515

Proposed Amendments: 847-015-0025

Last Date for Comment: 9-21-12, Close of Business

Summary: Proposed rule amendment clarifies that distribution of samples is not dispensing and that a physician supervising a physician assistant with drug dispensing authority must be registered as a dispensing physician.

Rules Coordinator: Nicole Krishnaswami

Address: Oregon Medical Board, 1500 SW 1st Ave., Suite 620, Portland, OR 97201

Telephone: (971) 673-2667


 

Rule Caption: Defines office-based procedures and clarifies facility and provider qualifications and requirements.

Stat. Auth.: ORS 677.265 & 679.255

Stats. Implemented: ORS 677.060, 677.085, 677.097 & 677.265

Proposed Adoptions: 847-017-0003, 847-017-0008, 847-017-0037

Proposed Amendments: 847-017-0000, 847-017-0005, 847-017-0010, 847-017-0015, 847-017-0020, 847-017-0025, 847-017-0030, 847-017-0035, 847-017-0040

Last Date for Comment: 9-21-12, Close of Business

Summary: Proposed rule amendments classify levels of office-based surgeries and set forth the corresponding requirements, reorganize and add new definitions, establish a standard of practice for physicians performing office-based surgery, set forth requirements for office-based surgery facilities, classify the assessment and informed consent procedures prior to the performance of an office-based surgery, clarify the requirements for patient medical records, expand the emergency care and transfer protocol requirements, require reporting of specified office-based surgical complications, and contain general grammar and language housekeeping changes.

Rules Coordinator: Nicole Krishnaswami

Address: Oregon Medical Board, 1500 SW 1st Ave., Suite 620, Portland, OR 97201

Telephone: (971) 673-2667


 

Rule Caption: Aligns language with revised statute and adds Albuterol treatment and aspirin administration to scope.

Stat. Auth.: ORS 677.265 & 682.245

Stats. Implemented: ORS 677.235, 677.265 & 682.245

Proposed Amendments: 847-035-0001, 847-035-0011, 847-035-0012, 847-035-0020, 847-035-0025, 847-035-0030

Last Date for Comment: 9-21-12, Close of Business

Summary: Proposed rule amendments alphabetize definitions and align titles and language with the revised EMS statute, including changing “certified” to “licensed,” “EMTs” to EMS providers,” “First Responder” to “Emergency Medical Responder,” “EMT-Basic” to “EMT,” “EMT-Paramedic” to “Paramedic,” and “EMT Advisory Committee” to “EMS Advisory Committee.”

 Proposed rule amendment also makes several changes to the scope of practice: (1) adds administration of nebulized Albuterol sulfate treatments to the EMT-Basic scope of practice, (2) adds administration of aspirin to the First Responder scope of practice, and (3) changes “needle thoracentesis” to “needle thoracostomy” in the Paramedic scope of practice.

Rules Coordinator: Nicole Krishnaswami

Address: Oregon Medical Board, 1500 SW 1st Ave., Suite 620, Portland, OR 97201

Telephone: (971) 673-2667


 

Rule Caption: Physician assistant must be identified in oral communications and adds fine for all rule violations.

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.510

Proposed Amendments: 847-050-0040

Last Date for Comment: 9-21-12, Close of Business

Summary: Proposed rule amendment clarifies that a physician assistant must be properly identified in oral communications and adds a fine for violations of any part of the rule, including failure to submit a practice agreement within ten days after beginning practice or changing the duties delegated.

Rules Coordinator: Nicole Krishnaswami

Address: Oregon Medical Board, 1500 SW 1st Ave., Suite 620, Portland, OR 97201

Telephone: (971) 673-2667


 

Rule Caption: Corrects a statutory reference in the rule for compensation of PA Committee members.

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.235, 677.540

Proposed Amendments: 847-050-0063

Last Date for Comment: 9-21-12, Close of Business

Summary: Proposed rule amendment corrects a statutory reference in the rule for compensation of PA Committee members.

Rules Coordinator: Nicole Krishnaswami

Address: Oregon Medical Board, 1500 SW 1st Ave., Suite 620, Portland, OR 97201

Telephone: (971) 673-2667


Oregon Public Employees Retirement System, Chapter 459

Rule Caption: Edits clarify administration of judge member retirement program under ORS 238.500 to 238.585.

Date: Time: Location:

9-18-12  3 p.m. PERS Boardroom  11410 SW 68th Pkwy.  Tigard, OR

Hearing Officer: Ricki Vang

Stat. Auth.: ORS 238.650

Stats. Implemented: ORS 238.555 & 238.565

Proposed Amendments: 459-040-0020, 459-040-0080

Last Date for Comment: 9-21-12, 5 p.m.

Summary: Legislation in 2005 (House Bill 3238) requires agencies to review new rules adopted since January 1, 2006, within five years of the date the new rules are adopted. The rules contained in Chapter 459, Division 40 – Judge Member Program, were adopted on July 26, 2007, and the five-year review of these rules was completed on July 26, 2012. The proposed modifications to OAR 459-040-0020 and 459-040-0080 include housekeeping edits to delete and update rule citations; and deletion of the separate date of disability retirement standard for judge members.

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713


 

Rule Caption: Establish uniform rules applicable when PERS has independent contracting authority.

Date: Time: Location:

10-23-12  3 p.m. PERS Boardroom  11410 SW 68th Pkwy.  Tigard, OR

Hearing Officer: Daniel Rivas

Stat. Auth.: ORS 238 & 238A, 238.410, 238.650, 238A.450 & 279A.065

Stats. Implemented: ORS 238, 238A, 279A, 279B, 243.470 & 243.478

Proposed Adoptions: 459-005-0400, 459-005-0420

Proposed Amendments: 459-035-0001

Proposed Repeals: 459-035-0200, 459-035-0220

Last Date for Comment: 11-2-12, 5 p.m.

Summary: PERS is generally subject to the Department of Administrative Services (DAS) public contracting and procurement provisions in ORS Chapters 279A, 279B, and 279C (Public Contracting Code), with some statutory exceptions. The purpose of this rulemaking is to establish uniform rules applicable when PERS has independent contracting authority and the Public Contracting Code does not apply. PERS proposes to adopt the Department of Justice (DOJ) Model Public Contracting Rules, as effective on August 1, 2012 and as thereafter amended, as generally applicable to PERS, with exceptions being specifically identified. These will apply to the range of subjects for which PERS has independent contracting authority and the Public Contracting Code does not apply, such as the PERS Health Insurance Program (PHIP) or the Oregon Savings Growth Plan. Locating the rules in one place rather than having separate sets of rules for each subject makes the rules easier to use and to update, as well as provides consistency of rules for all subjects.

Rules Coordinator: Daniel Rivas

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

Telephone: (503) 603-7713


Oregon University System, Eastern Oregon University, Chapter 579

Rule Caption: Modify Parking and Vehicular Traffic Regulations at Eastern Oregon University.

Date: Time: Location:

9-18-12  2 p.m. Eastern Oregon University  Inlow Hall 201  La Grande, OR 97850

Hearing Officer: Staff

Stat. Auth.: ORS 351.070

Stats. Implemented: ORS 351.070

Proposed Amendments: 579-070-0005

Last Date for Comment: 9-18-12, 5 p.m.

Summary: Parking and Vehicular Traffic Regulations.

Rules Coordinator: Teresa Carson-Mastrude

Address: Oregon University System, Eastern Oregon University, One University Blvd., Inlow Hall 202A, La Grande, OR 97850

Telephone: (541) 962-3773


 

Rule Caption: OAR 579-020-0006 — To Amend Special Student Fees.

Stat. Auth.: ORS 351.070

Stats. Implemented: ORS 351.070

Proposed Amendments: 579-020-0006

Last Date for Comment: 9-26-12, Close of Business

Summary: Amend fees charged to students for special uses of facilities, services or supplies at Eastern Oregon University.

Rules Coordinator: Teresa Carson-Mastrude

Address: Oregon University System, Eastern Oregon University, One University Blvd., Inlow Hall 202A, La Grande, OR 97850

Telephone: (541) 962-3773


 

Rule Caption: To modify rules for Rates for Residence Halls and Board Dining.

Stat. Auth.: ORS 351.070

Stats. Implemented: ORS 351.070

Proposed Amendments: 579-060-0190

Last Date for Comment: 9-26-12, Close of Business

Summary: POLICIES AND RATES FOR RESIDENCE HALLS AND BOARD DINING: Policies that govern the operation of the residence halls shall be in accordance with the Residence Life Room and Dining Contract, Student Handbook and the Residence Hall Room and Board Dining Rates. These documents are by reference included in the Oregon Administrative Rules herein.

Rules Coordinator: Teresa Carson-Mastrude

Address: Oregon University System, Eastern Oregon University, One University Blvd., Inlow Hall 202A, La Grande, OR 97850

Telephone: (541) 962-3773


Oregon University System, Portland State University, Chapter 577

Rule Caption: Amends Portland State University’s Code of Student Conduct and Responsibility.

Stat. Auth.: ORS 351

Stats. Implemented: ORS 351

Proposed Amendments: 577-031-0125, 577-031-0130, 577-031-0131, 577-031-0132, 577-031-0133, 577-031-0135, 577-031-0136, 577-031-0137, 577-031-0139, 577-031-0140, 577-031-0141, 577-031-0142, 577-031-0143, 577-031-0145, 577-031-0146, 577-031-0147, 577-031-0148

Last Date for Comment: 9-24-12, 5 p.m.

Summary: The proposed amendments to Portland State University’s procedural rules governing the University’s Code of Student Conduct and Responsibility are a result of the required review and revision of the Student Code of Conduct that takes place every three years. These revisions clarify definitions, standardize use of defined terms, revise potential violations and sanctions, clarify appeal procedures, clarify procedures regarding allegations of certain sexual offenses, and update the rules to reflect updates in other University terms and policies. A copy of the Notice of Proposed Rulemaking, Statement of Need and Fiscal Impact and the text of the proposed rules can be found at http://www.pdx.edu/fadm/rulemaking-portland-state

Rules Coordinator: Lorraine D. Baker

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

Telephone: (503) 725-8050


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:

10-3-12  1 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: 10-4-12, 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: Tribal and Oregon Youth Authority Foster Fee Waiver and No Show rules for Preregistration.

Stat. Auth.: ORS 390.124

Stats. Implemented: ORS 390.111 & 390.124

Proposed Amendments: 736-015-0006, 736-015-0015

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

Summary: Amends the definitions section of division 15 rules (736-015-0006) to add families in homes directly certified by tribal governments and the Oregon Youth Authority to the list of those eligible for the foster family fee waiver.

 Amends the reservations section of division 15 rules (736-015-0015) and applies the standard no-show rules to campers who preregister but do not arrive by 1:00 PM on the second day of their reservation.

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 a Rulemaking Regarding Energy Utility Billing Error Reporting.

Date: Time: Location:

10-4-12  10 a.m. 550 Capitol St. NE, 1st Floor  Salem, OR 97301

Hearing Officer: Patrick Power

Stat. Auth.: ORS. Ch. 183, 756 & 757

Stats. Implemented: ORS 756.040 & 757.020

Proposed Adoptions: 860-021-0170

Last Date for Comment: 10-18-12, 5 p.m.

Summary: Billing error service quality measures applicable to Portland General Electric Company and NW Natural sunset this year. These service quality measures include billing error reporting requirements for the two utilities. Information from the billing error reporting is used by PUC Staff to help identify systemic problems and trends with utility billing. Because of the usefulness of this information, Staff’s proposed rule expands the reporting requirements to all regulated energy utilities to allow Staff to continue to identify systemic problems and trends with utility billings and to work with the companies to reduce the number of incorrect bills sent to utility customers.

 The Commission encourages participants to file written comments as early as practicable in the proceedings so that other participants have the opportunity to consider and respond to the comments before the deadline. Please reference Docket No. AR 567 on comments and file them by e-mail to the Commission’s Filing Center at PUC.FilingCenter@state.or.us and also send a signed paper copy to the Filing Center at PO Box 2148, Salem, Oregon 97308-2418.

 For more information about the Commission’s Filing Center, please see http://apps.puc.state.or.us/edockets/center.htm. Interested persons may review all filings online at http://apps.puc.state.or.us/edockets/docket.asp?DocketID=17809. For guidelines on filing and participation, please see OAR 860-001-0140 through 860-001-0160 and 860-001-0200 through 860-001-0250 found online at http://arcweb.sos.state.or.us/pages/rules/oars_800/oar_860/860_tofc.html

 Participants wishing to monitor the hearing by telephone must contact Diane Davis at diane.davis@state.or.us or (503) 378-4372 by close of business September 27, 2012, to request a dial -in number. The Commission strongly encourages those planning to present oral comment at the hearing to attend in person.

Rules Coordinator: Diane Davis

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

Telephone: (503) 378-4372


Secretary of State, Archives Division, Chapter 166

Rule Caption: Amends records retention rules for state agencies; political subdivisions; primary, secondary and higher education institutions.

Date: Time: Location:

9-20-12  9 a.m. OR State Archives   800 Summer St. NE  Salem, OR 97310

Hearing Officer: Archives Staff

Stat. Auth.: ORS 192 & 357

Stats. Implemented: ORS 192.005–192.170 & 357.805–357.895

Proposed Amendments: 166-150-0005, 166-150-0035, 166-150-0050, 166-150-0085, 166-150-0110, 166-150-0115, 166-150-0120, 166-150-0135, 166-150-0165, 166-150-0175, 166-150-0185, 166-150-0200, 166-200-0010, 166-200-0050, 166-200-0055, 166-200-0075, 166-200-0095, 166-0200-0100, 166-200-0110, 166-200-0130, 166-200-0140, 166-300-0015, 166-300-0025, 166-300-0035, 166-300-0040, 166-400-0010, 166-400-0025, 166-400-0040, 166-450-0005, 166-450-0020, 166-450-0050, 166-475-0010, 166-475-0050

Last Date for Comment: 9-20-12, Close of Business

Summary: Amendment updates the public records retention requirements for state agencies, political subdivisions, and educational administration (schools, school districts, educational service districts, community colleges, higher education), addressing the production of new types of public records being produced by government agencies; changes in state statutes lengthening the business need for certain public records; changes in industry standards abbreviating the business need for certain public records; changes in terminology regarding technology used to produce and maintain certain public records; and clarification of existing rule language to more accurately address the retention and disposition of certain public records, pursuant to the legal, fiscal, administrative, and historical need for the records identified by public agency staff, hearing officer, and advisory committee.

Rules Coordinator: Julie Yamaka

Address: Secretary of State, Archives Division, 800 Summer St. NE, Salem, OR 97310

Telephone: (503) 378-5199


Teacher Standards and Practices Commission, Chapter 584

Rule Caption: Adopt, Amend, and repeal administrative; highly qualified; alternative assessment; professional development, and basic skills.

Date: Time: Location:

9-25-12  1:30 p.m. 250 Division St. NE  Salem, OR 97301

Hearing Officer: Victoria Chamberlain

Stat. Auth.: ORS 342

Stats. Implemented: ORS 342.120–342.430, 342.455–342.495, 342.533, 342.125, 342.120–342.430 & 342.985

Proposed Adoptions: 584-018-0220, 584-090-0115

Proposed Amendments: 584-080-0031, 584-100-0038, 584-100-0091, 584-100-0096

Proposed Repeals: 584-036-0082, 584-052-0030, 584-052-0031, 584-052-0032, 84-052-0033, 584-090-0001, 584-090-0005, 584-090-0010, 584-090-0020, 584-090-0030, 584-090-0040, 584-090-0060

Last Date for Comment: 11-01-12, 2 p.m.

Summary: Amend:

 584-080-0031 — “Distinguished Administrator License” Increases experience required for Distinguished Administrator License.

 584-080-0031 — “Distinguished Administrator License” Increases experience required for Distinguished Administrator License.

 584-090-0115 — “Professional Development Requirements” Allows some excess professional development units to be carried forward to next reporting period.

 584-100-0038 — “HOUSSE for [Middle-Level and High School] Secondary Teachers Not New to the Profession” Aligns language with federal No Child Left Behind Act.

 584-100-0091 — “Licensed and Registered Elementary Charter School Teacher” Clarifies that charter school teachers must also be highly qualified to teach core academic subjects.

 584-100-0096 — “Licensed and Registered [Middle-Level or] Secondary Charter School Teacher” Aligns language with federal No Child Left Behind Act.

 Repeal:

 584-052-0030 — “Eligibility for Alternative Assessment” Eliminates alternative assessment for test waiver — Repeal.

 584-052-0031 — “Evidence Needed for Subject-Matter Alternative Assessment” Eliminates alternative assessment for test waiver — Repeal.

 584-052-0032 — “Determination of Subject-Matter Competency through Alternative Assessment” Eliminates alternative assessment for test waiver — Repeal.

 584-052-0033 — “Resubmissions of Alternative Assessments” Eliminates alternative assessment for test waiver — Repeal.

 584-090-0001 — Purpose and Standards for Professional Development Plan — Repeal.

 584-090-0005 — Continuing Professional Development Requirements — Repeal.

 584-090-0010 — Domains of Professional Competency — Repeal.

 584-090-0020 — Requirements for District and Individual Continuing Professional Development Plans — Repeal.

 584-090-0030 — Additional Requirements for District Continuing Professional Development Plans — Repeal.

 584-090-0040 — Additional Requirements for Individual Continuing Professional Development Plans — Repeal.

 584-090-0060 — Appeals to the Commission — Repeal.

Rules Coordinator: Victoria Chamberlain

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

Telephone: (503) 378-6813


Travel Information Council, Chapter 733

Rule Caption: Free Coffee program to be offered in additional rest areas managed by the Council.

Stat. Auth.: ORS 377.700–377.840

Stats. Implemented: ORS 183.310–183.550

Proposed Amendments: 733-030-0500

Last Date for Comment: 9-25-12, 4 p.m.

Summary: The Travel Information Council held a quarterly meeting on July 24, 2012. The Council proposed rule changes to allow the offering of the “free coffee” program in additional rest areas to be managed by the Council.

Rules Coordinator: Diane Cheyne

Address: Travel Information Council, 1500 Liberty St. SE, Suite 150, Salem, OR 97302

Telephone: (503) 378-4508


Water Resources Department, Chapter 690

Rule Caption: Revision of the following coastal basin programs: Rogue, Umpqua, South Coast, North Coast and Mid-Coast.

Date: Time: Location:

9-25-12; 1 p.m. Douglas County Courthouse 1036 SE Douglas St. Roseburg, OR

9-26-12; 10:30 a.m. Josephine County Courthouse 500 NW 6th St., Grants Pass, OR

9-27-12; 10 a.m. Coos Bay-North Bend Water Board 2305 Ocean Blvd. SE Coos Bay, OR

10-3-12; 10:30 a.m. Tillamook County Library 1716 3rd St. Tillamook, OR

10-3-12; 2 p.m. Driftwood Public Library 801 SW Highway 101 Lincoln City, OR

Hearing Officer: Carol Whipple, John Roberts, Jeanne LeJeune

Stat. Auth.: ORS 536.025, 536.300 & 536.340

Stats. Implemented: ORS 536.300

Proposed Amendments: 690-501-0005, 690-501-0010, 690-501-0030, 690-515-0000, 690-515-0010, 690-515-0020, 690-515-0030, 690-515-0040, 690-515-0050, 690-515-0060, 690-516-0005, 690-516-0030, 690-517-0000, 690-517-0020, 690-517-0030, 690-517-0040, 690-518-0010, 690-518-0030, 690-518-0050

Proposed Repeals: 690-501-0020, 690-516-0020, 690-517-0050, 690-518-0040

Last Date for Comment: 10-10-12, 5 p.m.

Summary: The Oregon Water Resources Commission develops, adopts and periodically modifies programs for the state’s major administrative basins as part of its statutory responsibility to progressively formulate an integrated, coordinated program for the use and control of the water resources of the state (ORS 536.300). Basin programs are administrative rules which establish water management policies and objectives and which govern new appropriations of the surface and groundwater within each of the respective basins. There is a need to revise the basin program rules to reflect changes in statute and other related administrative rules. The Department is proposing changes to the basin programs for the Rogue (Division 515), Umpqua (Division 516), South Coast (Division 517), Mid-Coast (Division 518) and North Coast (Division 501), which together comprise the coastal basin programs for the state.

Rules Coordinator: Ruben Ochoa

Address: Water Resources Department, 725 Summer St. NE, Salem, OR 97301

Telephone: (503) 986-0874

 

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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