Oregon Bulletin
October 1, 2009
NOTICES OF PROPOSED RULEMAKING AND
PROPOSED RULEMAKING HEARINGS
The following agencies provide Notice of Proposed Rulemaking to offer interested parties reasonable opportunity to submit data or views on proposed rulemaking activity. To expedite the rulemaking process, many agencies have set the time and place for a hearing in the notice. Copies of rulemaking materials may be obtained from the Rules Coordinator at the address and telephone number indicated.
Public comment may be submitted in writing directly to an agency or presented orally or in writing at the rulemaking hearing. Written comment must be submitted to an agency by 5:00 p.m. on the Last Day for Comment listed, unless a different time of day is specified. Written and oral comments may be submitted at the appropriate time during a rulemaking hearing as outlined in OAR 137-001-0030.
Agencies providing notice request public comment on whether other options should be considered for achieving a proposed administrative rule's substantive goals while reducing negative economic impact of the rule on business.
In Notices of Proposed Rulemaking where no hearing has been set, a hearing may be requested by 10 or more people or by an association with 10 or more members. Agencies must receive requests for a public rulemaking hearing in writing within 21 days following notice publication in the Oregon Bulletin or 28 days from the date notice was sent to people on the agency mailing list, whichever is later. If sufficient hearing requests are received by an agency, notice of the date and time of the rulemaking hearing must be published in the Oregon Bulletin at least 14 days before the hearing.
*Auxiliary aids for persons with disabilities are available upon advance request. Contact the agency Rules Coordinator listed in the notice information.
Rule
Caption: To amend or adopt rules that
clarify rules related to registration or application for registration.
Date: Time: Location:
11-10-09 1:30
p.m. 670
Hawthorne Ave. SE
Suite
220
Salem,
OR 97301
Hearing
Officer: Grant Davis
Stat.
Auth.: ORS 672.255
Other
Auth.: ORS 670.310, 408.450
Stats.
Implemented: ORS 672.002–672.325
Proposed
Adoptions: 820-010-0480, 820-010-0530
Proposed
Amendments: 820-010-0010, 820-010-0204,
820-010-0206, 820-010-0208, 820-010-0215, 820-010-0225, 820-010-0226,
820-01-0227, 820-010-0228, 820-010-0230, 820-010-0300, 820-010-0305,
820-010-0415, 820-010-0425, 820-010-0427, 820-010-0465, 820-010-0470,
820-010-0505, 820-010-0510, 820-010-0520, 820-010-0605, 820-010-0620
Last Date
for Comment: 11-10-09
Summary: OAR 820-010-0010 - Definitions - Housekeeping revisions.
OAR 820-010-0204
-Applications for Registration as Professional Engineers (PE) Based on
Examination by Another Jurisdiction or by NCEES
(1st Registration) -
Clarifies the examinations accepted and recognized by the Board.
OAR 820-010-0206
-Applications for Registration as a Professional Land Surveyors (PLS)
Based on Examination by Another Jurisdiction or by
NCEES (1st
Registration) - Clarifies the examinations accepted and recognized by the
Board.
OAR 820-010-0208
-Applications for Registration as a Professional Photogrammetrists Based on Examination by Another Jurisdiction or by NCEES (1st Registration) -
Clarifies the examinations accepted and recognized by the Board.
OAR 820-010-0215 - Form
of Applications - Clarifies information to be submitted with an application for
registration.
OAR 820-010-0225 -
Educational Qualifications to Take the Fundamentals of Engineering (FE)
Examination for Enrollment as an Engineering Intern (EI) - Clarifies the
deadline to submit official transcripts to receive results of the FE
examination.
OAR 820-010-0226 -
Educational Qualifications to Take the Fundamentals of Land Surveying (FLS)
Examination for Enrollment as a Land Surveying Intern (LSI) - Clarifies the
deadline to submit official transcripts to receive results of the FLS
examination.
OAR 820-010-0227 -
Educational and Experience Qualifications to Take the Fundamentals of
Engineering (FE) Examination for Enrollment as an Engineering Intern (EI) and
Applications Based on Non-Accredited Degrees - Housekeeping revisions as a
result of changes with the national organization (NCEES).
OAR 820-010-0228 -
Combined Educational and Experience Qualifications to Take the Fundamentals of
Land Surveying (FLS) Examination for Enrollment as a Land Surveying Intern
(LSI) and Applications Based on Non-accredited Degrees - Housekeeping revisions
as a result of changes with the national organization (NCEES).
OAR 820-010-0230 -
Information to be Furnished by Professional Engineer
Applicants - Revises the terms from “in the same field” to “a similar
discipline.”
OAR 820-010-0300 -
Refunds and Charges - Clarifies that re-application fees are also
non-refundable.
OAR 820-010-0305 - Fees
- Clarifies the reinstatement fees for a registration or certificate.
OAR 820-010-0415 -
Nature of the Examination for Professional Engineer (PE) - Housekeeping
revisions as a result of changes with the national organization (NCEES).
OAR 820-010-0425 -
Nature of Examination for Professional Land Surveyor (PLS) - Housekeeping
revisions as a result of changes with the national organization (NCEES).
OAR 820-010-0427 -
Nature of Examination for Registered Professional Photogrammetrist (RPP) - Housekeeping revisions as a result of changes with the national
organization (NCEES).
OAR 820-010-0465
-Application for Readmission to Examination - Clarifies that
reapplications and fees will not be accepted prior to the release of results
from the preceding examination.
OAR 820-010-0470 -
Review of Examinations - Clarifies the review process for Oregon Specific
examinations.
OAR 820-010-0480 -
NCEES Examinations - Clarifies the review process for the NCEES examinations.
OAR 820-010-0505 -
Biennial Renewal of Registration or Certification - Clarifies that a
registration in the retired or delinquent status for a period of over 5 years
cannot be renewed.
OAR 820-010-0510 -
Registrants Qualified to Practice - Housekeeping revisions to include CWREs.
OAR 820-010-0520 -
Registrants Not Qualified to Practice - Housekeeping revisions to include CWREs and delete reference to military registrants.
OAR 820-010-0530 -
United States Military Registrants - Proposed language addresses registrants
currently serving in the Armed Forces of the United States.
OAR 820-010-0605 -
Address Changes; Service of Notice - Includes
requirements to notify the Board of name changes.
OAR 820-010-0620 -
Official Seal - Housekeeping revisions and include the Exhibits in the on-line
OAR compilation.
Rules
Coordinator: Mari Lopez
Address: Board of Examiners for Engineering and Land Surveying,
670 Hawthorne Ave. SE, Suite 220, Salem, OR 97301
Telephone: (503) 362-2666, ext. 26
Rule
Caption: Conforms dual licensee
professional development requirements to rules for other licensees; Corrects typographical error.
Date: Time: Location:
10-28-09 10
a.m. 800
NE Oregon St.
Rm.
445
Portland,
OR 97232
Hearing
Officer: Sandy Leybold
Stat.
Auth.: ORS 681
Stats.
Implemented: ORS 681
Proposed
Amendments: 335-070-0065, 335-095-0060
Last Date
for Comment: 10-28-09
Summary: 335-070-0065(1): Changed actual number of professional
development hours to percentage of the requirements to align with other
professional development rules.
335-095-0060(1)(b):
Changed typographical error of “dysphasia” to “dysphagia.”
Rules
Coordinator: Sandy Leybold
Address: Board of Examiners for Speech-Language Pathology and
Audiology, 800 NE Oregon St., Suite 407, Portland, OR 97232
Telephone: (971) 673-0220
Rule
Caption: Rules for Approval of Oregon
Nurse Practitioners Programs, Requirements for National Certification, and
Continuing Education.
Date: Time: Location:
11-19-09 9
a.m. 17938
S.W. Upper
Boones
Ferry Rd.
Portland,
OR 97224
Hearing
Officer: James McDonald, Board President
Stat.
Auth.: ORS 678.380, 678.390
Stats.
Implemented: ORS 678.410
Proposed
Adoptions: 851-050-0008, 851-050-0142
Proposed
Amendments: 851-050-0000, 851-050-0001,
851-050-0002, 851-050-0004, 851-050-0005, 851-050-0006, 851-050-0010, 851-050-0138
Last Date
for Comment: 11-17-09, 5 p.m.
Summary: These rules cover approval of Oregon nurse practitioner programs,
requirements for national certification, and criteria for continuing education
for nurse practitioner certification renewal.
Rules
Coordinator: KC Cotton
Address: Board of Nursing, 17938 SW Upper Bones Ferry Rd.,
Portland, OR 97224
Telephone: (971) 673-0638
Rule
Caption: Oregon State Board of Nursing
to Eliminate Fees for Issuance of a Duplicate Wallet-Sized Card.
Date: Time: Location:
11-19-09 9
a.m. 17938
SW Upper
Boones
Ferry Rd.
Portland,
OR 97224
Hearing
Officer: James McDonald, Board President
Stat.
Auth.: ORS 678.410
Stats.
Implemented: ORS 678.101, 678.410
Proposed
Amendments: 851-002-0010, 851-002-0040
Last Date
for Comment: 11-17-09, 5 p.m.
Summary: These rules cover the agency fees. These rules amendments will
eliminate the fee for the Oregon State Board of Nursing to issue duplicate
licensure or certificate card.
Rules
Coordinator: KC Cotton
Address: Board of Nursing, 17938 SW Upper Bones Ferry Rd.,
Portland, OR 97224
Telephone: (971) 673-0638
Rule
Caption: Oregon State Board of Nursing
Fees to Support Prescription Monitoring Fund.
Date: Time: Location:
11-19-09 9
a.m. 17938
SW Upper
Boones
Ferry Rd.
Portland,
OR 97224
Hearing
Officer: James McDonald, Board President
Stat.
Auth.: ORS 678.101, 678.410
Stats.
Implemented: ORS 678.101, 678.410
Proposed
Amendments: 851-002-0020, 851-002-0035
Last Date
for Comment: 11-17-09, 5 p.m.
Summary: These rules cover the agency fees. These rule amendments will
allow collection of a $50 biennial fee for those with prescriptive authority,
of which 90 percent will be transmitted to the Prescription Monitoring Fund
quarterly.
Rules
Coordinator: KC Cotton
Address: Board of Nursing, 17938 SW Upper Bones Ferry Rd.,
Portland, OR 97224
Telephone: (971) 673-0638
Rule
Caption: Rules for Delegation of
Dispensing Functions by Nurse Prescribers, and Antibiotic Prescribing for
Expedited Partner Therapy.
Date: Time: Location:
11-19-09 9
a.m. 17938
S.W. Upper
Boones
Ferry Rd.
Portland,
OR 97224
Hearing
Officer: James McDonald, Board President
Stat.
Auth.: ORS 678.380, 678.390
Stats.
Implemented: ORS 678.410
Proposed
Adoptions: 851-056-0007
Proposed
Amendments: 851-056-0000, 851-056-0006,
851-056-0010, 851-056-0016, 851-056-0020, 851-056-0024
Last Date
for Comment: 11-17-09, 5 p.m.
Summary: These rules permit nurse prescribers (clinical nurse
specialists and nurse practitioners) with dispensing authority issued by the
Oregon State Board of Nursing to delegate certain non-judgmental dispensing
functions to staff provided that medication is prepackaged and labeled with
identifying information.
They also permit nurse
prescribers (clinical nurse specialists and nurse practitioners) to provide a
prescription for partner(s) of a patient they see with a diagnosed sexually
transmitted infection per Department of Human Services guidelines.
Rules
Coordinator: KC Cotton
Address: Board of Nursing, 17938 SW Upper Bones Ferry Rd.,
Portland, OR 97224
Telephone: (971) 673-0638
Rule
Caption: Rules Change Classroom and
Lab Instructor to Student Ratios for Nursing Assistants.
Date: Time: Location:
11-19-09 9
a.m. 17938
S.W. Upper
Boones
Ferry Rd.
Portland,
OR 97224
Hearing
Officer: James McDonald, Board President
Stat.
Auth.: ORS 678.440, 678.444
Stats.
Implemented: ORS 678.440, 678.444
Proposed
Amendments: 851-061-0090
Last Date
for Comment: 11-17-09, 5 p.m.
Summary: These rules cover the standards for training programs for Nursing
Assistants and Medication Aides. This rule amendment would change classroom and
lab instructor to student ratios for Nursing Assistant and Medication Aide
training.
Rules
Coordinator: KC Cotton
Address: Board of Nursing, 17938 SW Upper Bones Ferry Rd.,
Portland, OR 97224
Telephone: (971) 673-0638
Rule
Caption: Changes Made in Authorized Duties
for CNA 1s and CNA 2s.
Date: Time: Location:
11-19-09 9
a.m. 17938
S.W. Upper
Boones
Ferry Rd.
Portland,
OR 97224
Hearing
Officer: James McDonald, Board President
Stat.
Auth.: ORS 678.440, 678.442
Stats.
Implemented: ORS 678.440, 678.444
Proposed
Amendments: 851-063-0030, 851-063-0035
Last Date
for Comment: 11-17-09, 5 p.m.
Summary: These rules cover the standards and authorized duties for
Certified Nursing Assistants and Certified Medication Aides. The revisions in
these rules amendments are to make changes in the authorized duties for CNA 1s
and CNA 2s.
Rules
Coordinator: KC Cotton
Address: Board of Nursing, 17938 SW Upper Bones Ferry Rd.,
Portland, OR 97224
Telephone: (971) 673-0638
Rule
Caption: Establishes: 1. Board member compensation; 2. definitions of dispensing and delegation; 3. fees for Electronic
Prescription Monitoring Program.
Date: Time: Location:
12-4-09 1:30
p.m. 1900
Hines St. SE
Mezzanine
Level
Salem,
OR 97302
Hearing
Officer: Michelle Monkman,
OD, President
Stat.
Auth.: ORS 683, 182, 292
Stats.
Implemented: HB 2058, SB 355, OL 535 (2009),
ORS 182.466, 683.010(2), 683.030(3), 683.070, 683.100, 683.120, 683.270,
689.225, OAR 855-043-0001
Proposed
Adoptions: 852-005-0015
Proposed
Amendments: Rules in 852-010, 852-020, 852-050
Last Date
for Comment: 12-4-09
Summary: 852-005: Establishes Board member compensation.
852-010: Establishes
fees for Electronic Prescription Monitoring Program.
852-020: Defines
dispensing. Further defines delegation of optometric care.
852-050: Establishes
collection of fees for Electronic Prescription Monitoring Program.
Rules
Coordinator: David W. Plunkett
Address: Board of Optometry, PO Box 13967, Salem, OR 97309
Telephone: (503) 399-0662, ext. 23
Rule
Caption: Adopts guidelines for
specified juvenile offender prison terms (crimes after October 1989, before May
1991).
Stat. Auth.: ORS 144.050, 144.110,
144.020, 144.140
Stats. Implemented: ORS 144.020
Proposed Adoptions: 255-032-0007
Proposed Repeals: 255-032-0007(T)
Last Date for
Comment: 10-27-09
Summary: OAR 255-032-0007 adopts hearing procedures and a
matrix for specified juvenile offenders where the Board is required to hold a
prison term hearing. Specifically, for inmates who were under the age of 17
years at the time of their crime(s), and who were waived to adult court under
ORS 419C.340 through 419C.364, and who were convicted of Aggravated Murder
under ORS 163.095, and whose crimes were committed after October 31, 1989, and
before May 1, 1991, the Board will hold a prison term hearing. At the hearing,
the Board will apply Divisions 30 and 35 of its rules except that, to determine
an initial parole release date, the Board will use the guidelines and matrix
set out in Exhibits P-I through P-III instead of the guidelines and matrix set
out in Exhibits A through C of the Board’s rules.
Rules Coordinator: Michelle Mooney
Address: Board of Parole and Post-Prison Supervision, 2575
Center St. NE, Suite 100, Salem, OR 97301
Telephone: (503) 945-0914
Rule
Caption: Changes notices, contracts,
inspection reports for home inspectors; waiver for armed forces; housekeeping;
and exemption promotion gifts.
Date: Time: Location:
10-27-09 11
a.m. West
Salem Roth’s IGA
Santiam
Rm.
1130
Wallace Rd. NW
Salem,
OR
Hearing
Officer: Rob Hernandez
Stat.
Auth.: ORS 87.093, 293.445, 670.310,
701.124, 701.235, 701.238, 701.325, 701.330, 701.350, 701.530
Stats.
Implemented: ORS 87.093, 293.445, 701.010,
701.026, 701.056, 701.063, 701.124, 701.131, 701.133, 701.139, 701.140,
701.143, 701.145, 701.146, 701.235, 701.238, 701.325, 701.330, 701.350,
701.355, 701.530
Proposed
Amendments: 812-001-0200, 812-003-0120,
812-003-0140, 812-004-0320, 812-008-0070, 812-008-0110, 812-008-0202, 812-020-0062
Last Date
for Comment: 10-27-09, 11 a.m.
Summary: • 812-001-0200 is amended to correct grammar and adopts the form
”Home Inspection Consumer Notice.”
• 812-003-0120 is
amended to reorganize and clarify existing language and to exempt promotional
gifts from the requirement that such items contain the CCB license number.
• 812-003-0140 is
amended to revise the wording for consistency.
• 812-004-0320 is
amended to remove the third-party beneficiary provision that a buyer who makes
a home purchase conditioned upon an inspection report purchased by the
homeowner will no longer be able to file a complaint for damages.
• 812-008-0070 is
amended to waive the continuing education requirements, if within the two-year
period preceding renewal a home inspector serves on active duty in the United
States armed forces, including mobilization or deployment.
• 812-008-0110 is
amended to add language to comply with the requirements of ORS 408.450 that
excuses the certified home inspectors on active duty service from paying
license renewal fees.
• 812-008-0202 is
amended to require on the first page of the contract and inspection report a
disclaimer notifying any person other than the home inspector’s client that
they should not rely upon the report and to revise the reference to the notice
requirement to the new CCB notice ”Home Inspection Consumer Notice.
• 812-020-0062 is amended, see ORS 701.124(7)(b), which authorizes CCB to
exempt commercial contractors by rule. Exempts continuing education requirement
if, within the two-year period preceding renewal, a commercially endorsed
contractor serves on active duty in the United States armed forces, including
mobilization or deployment.
Rules
Coordinator: Catherine Dixon
Address: Construction Contractors Board, 700 Summer St. NE,
Suite 300, Salem, OR 97310
Telephone: (503) 378-4621, ext. 4077
Rule
Caption: Amended to include new
definitions and clarify existing definitions used by the Oregon Educators
Benefit Board.
Date: Time: Location:
10-23-09 11
a.m.–12 p.m. PEBB/OEBB
Boardroom
1225
Ferry St. SE
Salem,
OR 97301
Hearing
Officer: Denise Hall
Stat.
Auth.: ORS 243.860–243.886
Stats.
Implemented: ORS 243.860
Proposed
Amendments: 111-010-0015
Last Date
for Comment: 10-30-09
Summary: OAR 111-010-0015 is amended to include new definitions and
clarify existing definitions used by the Oregon Educators Benefit Board.
Rules
Coordinator: April Kelly
Address: Department of Administrative Services, Oregon
Educators Benefit Board, 1225 Ferry St. SE, Salem, OR 97301
Telephone: (503) 378-6588
Rule
Caption: Establishes Oregon Educators
Benefit Board’s process for developing optional benefit plan designs comparable
to district optional plan designs, and the process for participating districts’
selection of OEBB optional benefit plans.
Date: Time: Location:
10-23-09 11
a.m.–12 p.m. PEBB/OEBB
Boardroom
1225
Ferry St. SE
Salem,
OR 97301
Hearing
Officer: Denise Hall
Stat.
Auth.: ORS 243.860–243.886
Stats.
Implemented: ORS 243.864(1)(a), 243.868(1)
Proposed
Adoptions: 111-030-0020, 111-030-0025, 111-030-0030
Proposed
Amendments: 111-030-0001, 111-030-0005
Last Date
for Comment: 10-30-09
Summary: 111-030-0020, 111-030-0025 and 111-030-0030 establish Oregon
Educators Benefit Board’s Process for developing optional benefit plan designs
comparable to district optional plan designs, and the process for participating
districts’ selection of OEBB optional benefit plans. 111-030-0001 and
111-030-0005 are being amended to update an existing OEBB process.
Rules
Coordinator: April Kelly
Address: Department of Administrative Services, Oregon
Educators Benefit Board, 1225 Ferry St. SE, Salem, OR
97301
Telephone: (503) 378-6588
Rule
Caption: Amended to update the Oregon
Educators Benefit Board’s policies on member’s enrollment in benefit plans.
Date: Time: Location:
10-23-09 11
a.m.–12 p.m. PEBB/OEBB
Boardroom
1225
Ferry St. SE
Salem,
OR 97301
Hearing
Officer: Denise Hall
Stat.
Auth.: ORS 243.860–243.886
Stats.
Implemented: ORS 243.864(1)(a), 243.868(1)
Proposed
Amendments: 111-040-0001, 111-040-0025,
111-040-0030, 111-040-0050
Last Date
for Comment: 10-30-09
Summary: OAR 111-040-0001 is amended to include the effective date for
optional benefit plans and clarify newborn and adopted children benefit
coverage. OAR 111-040-0025 and 111-040-0030 are amended to cite the correct
rule number. OAR 111-040-0050 is amended to include information on optional
benefit plans.
Rules
Coordinator: April Kelly
Address: Department of Administrative Services, Oregon
Educators Benefit Board, 1225 Ferry St. SE, Salem, OR
97301
Telephone: (503) 378-6588
Rule
Caption: Amended to update new processes
and new optional benefits that affect OEBB’s eligible
retired employees.
Date: Time: Location:
10-23-09 11
a.m.–12 p.m. PEBB/OEBB
Boardroom
1225
Ferry St. SE
Salem,
OR 97301
Hearing
Officer: Denise Hall
Stat.
Auth.: ORS 243.860–243.886
Stats.
Implemented: ORS 243.864(1)(a), 243.868(a)
Proposed
Amendments: 111-050-0010, 111-050-0015,
111-050-0020, 111-050-0025, 111-050-0080
Last Date
for Comment: 10-30-09
Summary: 111-050-0010, 111-050-0015, 111-050-0020 and 111-050-0080 are
amended to include the optional benefits related to OEBB eligible retired
employees. OAR 111-050-0025 is amended to include the effective date for
optional benefit plans and clarify newborn and adopted children benefit
coverage.
Rules
Coordinator: April Kelly
Address: Department of Administrative Services, Oregon
Educators Benefit Board, 1225 Ferry St. SE, Salem, OR
97301
Telephone: (503) 378-6588
Rule
Caption: Amended to include the new
mandatory reporting provisions.
Date: Time: Location:
10-23-09 11
a.m.–12 p.m. PEBB/OEBB
Boardroom
1225
Ferry St. SE
Salem,
OR 97301
Hearing
Officer: Denise Hall
Stat.
Auth.: ORS 243.864
Other
Auth.: Section 1862 of the Social
Security Act [42 U.S.C. 1395y(b)(7)&(b)(8)]
Stats.
Implemented: ORS 243.860,
646A.600–646A.628 & Section 1862 of the Social Security Act [42
U.S.C. 1395y(b)(7)&(b)(8)]
Proposed
Amendments: 111-060-0001
Last Date
for Comment: 10-30-09
Summary: OAR 111-060-0001 is amended to include the new Medicare Secondary
Payer Mandatory Reporting Provisions and the process for which the Oregon
Educators Benefit Board collects member’s Social Security Numbers.
Rules
Coordinator: April Kelly
Address: Department of Administrative Services, Oregon
Educators Benefit Board, 1225 Ferry St. SE, Salem, OR
97301
Telephone: (503) 378-6588
Rule
Caption: Amends errors and omissions.
Stat. Auth.: ORS 634
Stats. Implemented: ORS 634
Proposed Amendments: 603-057-0160
Last Date for
Comment: 11-6-09
Summary: OAR 603-057-0160: Add intended crop or site to
information required in the application for a Site Specific Experimental Use
Permit.
Amend a section reference to be correct and
applicable.
Clarify the intent for all users of
experimental pesticides to be subject to recordkeeping requirements.
Make consistent the language the
destruction/isolation of food or feed items subject to experimental pesticide
use.
Rules Coordinator: Sue Gooch
Address: Department of Agriculture, 635 Capitol St. NE, Salem,
OR 97301
Telephone: (503) 986-4552
Rule
Caption: Adopts the 2010 Oregon Mechanical
Specialty Code.
Date: Time: Location:
10-20-09 9:30
a.m. 1535
Edgewater St. NW
Salem,
OR 97304
Hearing
Officer: Mike Ewert
Stat.
Auth.: ORS 183.335, 455.020, 455.030,
455.110, 455.210, 455.355, 455.720, 469.700, & 469.740
Stats.
Implemented: ORS 183.335, 455.020, 455.110,
455.210, 455.355, 455.720, 469.700, & 469.740
Proposed
Adoptions: Rules in 918-440
Proposed
Amendments: Rules in 918-440
Last Date
for Comment: 10-23-09, 5 p.m.
Summary: The proposed rules adopt the 2009 Editions of the International
Mechanical Code and the International Fuel Gas Code with Oregon amendments and
shall be known as the 2010 Oregon Mechanical Specialty Code. The proposed rules
also include housekeeping changes that improve readability and provide clarity
and consistency among the division’s rules.
Rules
Coordinator: Shauna M. Parker
Address: Department of Consumer and Business Services, Building
Codes Division, PO Box 14470, Salem, OR 97309
Telephone: (503) 373-7438
Rule
Caption: Use of Certifications or
Professional Designations by Person Engaged in Securities Business.
Date: Time: Location:
10-22-09 2
p.m. Conference
Rm. E
Labor
& Industries Bldg.
350
Winter St. NE
Salem,
OR 97301
Hearing
Officer: Jeannette Holman
Stat. Auth.: ORS 59.285
Other
Auth.: ORS 59.235
Stats.
Implemented: ORS 59.235, 59.135, 59.205
Proposed
Adoptions: 441-135-0020
Last Date
for Comment: 10-29-09, 5 p.m.
Summary: These rules set forth standards to protect consumers from
misleading and fraudulent marketing practices with respect to the use of
special designations and certifications in the offer, sale or purchase of
securities, or the provision of advice as to the value of or the advisability
of investing in, purchasing, or selling securities.
Rules Coordinator: Shelley Greiner
Address: Department of Consumer and Business Services, Finance
and Corporate Securities, 350 Winter St. NE, Salem, OR
97301
Telephone: (503) 947-7484
Rule
Caption: Employer Rating Groups, Rates
and Ratemaking, and Workers’ Compensation Rates and Ratemaking.
Date: Time: Location:
11-4-09 10
a.m. Conference
Rm. E
Labor
& Industries Bldg.
350
Winter St.
Salem,
OR
Hearing
Officer: Jeannette Holman
Stat.
Auth.: ORS 731.244 & 737.319
Stats.
Implemented: ORS 737.310, 737.316, 737.320(3),
742.001, 742.003, 742.005 & 742.007
Proposed
Amendments: 836-042-0085, 836-042-0220
Proposed
Repeals: 836-042-0030
Last Date
for Comment: 11-10-09
Summary: These rules eliminate obsolete provisions and streamline
procedures of the Insurance Division:
1. To eliminate a
requirement to file a report of member insurers’ investment income annually.
The need for the member insurers’ investment income report expired with a 1990
law change.
2. To eliminate a
requirement for insurers writing large deductible policies to provide the
Division with information on premiums, deductible credits, and reimbursements
on a quarterly basis. The Division does not use this information on a regular
basis and the information required is collected by the workers’ compensation
rating organization and is available to the Division if needed.
3. To eliminate the
insurer requirement to annually file a list of employers participating in an
insurer’s workers’ compensation Oregon Group Supplemental Experience Rating
Group (OGSERP). Again, this information will be maintained by the insurer and
will be available to the Division upon request.
Rules
Coordinator: Sue Munson
Address: Department of Consumer and Business Services,
Insurance Division, 350 Winter St. NE, Salem, OR 97301
Telephone: (503) 947-7272
Rule
Caption: Use of Certifications or
Professional Designations by Insurance Producers.
Date: Time: Location:
10-22-09 2
p.m. Conference
Rm. E
Labor
& Industries Bldg.
350
Winter St.
Salem,
OR
Hearing
Officer: Jeannette Holman
Stat.
Auth.: ORS 731.244
Other
Auth.: ORS 744.074, 746.110 &
746.240
Stats.
Implemented: ORS 744.074, 746.110 &
746.240
Proposed
Adoptions: 836-080-0160, Rules in 836-080
Last Date
for Comment: 10-29-09
Summary: This rule sets forth standards to protect consumers from
misleading and fraudulent marketing practices with respect to the use of
special designations and certifications in the solicitation, sale or purchase
of, or advice made in connection with an insurance product or in providing
advice as to the value of or the advisability of purchasing insurance.
Rules
Coordinator: Sue Munson
Address: Department of Consumer and Business Services,
Insurance Division, 350 Winter St. NE, Salem, OR 97301
Telephone: (503) 947-7272
Rule
Caption: Adoption of Annual and
Supplemental Statement Blanks and Instructions for Reporting Year 2009.
Stat. Auth.: ORS 731.244, 731.574,
733.210
Stats. Implemented: ORS 731.574, 733.210
Proposed Amendments: 836-011-0000
Last Date for
Comment: 11-1-09
Summary: This rulemaking proposes to prescribe, for reporting
year 2009, the required forms for the annual and supplemental financial
statements required of insurers and health care service contractors under ORS
731.574, as well as the necessary instructions for completing the forms.
Rules Coordinator: Sue Munson
Address: Department of Consumer and Business Services,
Insurance Division, 350 Winter St. NE, Salem, OR 97301
Telephone: (503) 947-7272
Rule
Caption: Workers’ compensation claims
administration, medical services and billing, reemployment assistance, and
attorney fees.
Date: Time: Location:
10-26-09 9
a.m. Room
F (basement)
Labor
& Industries Bldg.
350
Winter St. NE
Salem,
OR
Hearing
Officer: Fred Bruyns
Stat.
Auth.: ORS 656.726(4)
Stats.
Implemented: ORS chapter 656, as amended by
Oregon Laws (OL) 2009: House Bill (HB) 2045, OL 2009, ch.
32; HB 2195, OL 2009, ch. 35; HB 2197, OL 2009, ch. 36; HB 2705, OL 2009, ch.
312; HB 2707, OL 2009, ch. 313; HB 3345, OL 2009, ch. 526; and ORS chapter 656, as amended by OL 2007, Senate
Bill 559, ch. 241
Proposed
Adoptions: 436-001-0420, 436-001-0430, 436-001-0440
Proposed Amendments: Rules in 436-030, 436-060, 436-105, 436-110, 436-120,
436-001-0003, 436-001-0019, 436-009-0010, 436-009-0070, 436-010-0008,
436-010-0240, 436-010-0265, 436-010-0280, 436-140-0005, 436-150-0005,
436-150-0010, 436-150-0030, 436-160-0310, 436-160-0340
Proposed
Repeals: 436-075-0110
Proposed Ren. & Amends: 436-001-0265 to 436-001-0400, 436-001-0265 to 436-001-0410
Last Date
for Comment: 10-29-09
Summary: NOTE: “Insurer” in this summary includes self-insured employers.
The agency proposes to amend OAR chapter 436 to improve organization, clarity
and consistency, and to eliminate redundancy. More specifically:
The agency proposes
to amend OAR chapter 436, division 001, “Procedural Rules Governing Rulemaking
and Hearings.” These proposed rules: Implement House Bill 3345 by raising
the maximum attorney fee payable under ORS 656.385 from $2,000 to $3,000, and
making corresponding changes to the attorney fee matrix. The proposed rules
consolidate rules related to attorney fees into OAR 436-001 and remove them
from OAR 436-010, 060, and 120.
The agency proposes
to amend OAR chapter 436, division 009, “Oregon Medical Fee and Payment Rules.”
These proposed rules: Clarify the types of identification numbers providers
must include on their medical bills; allow a medical service provider to submit
bills for independent medical examinations in the form or format agreed to by
the insurer and the medical service provider.
The agency proposes
to amend OAR chapter 436, division 010, “Medical Services.” These proposed rules: Implement HB 2045 by including chiropractors among those health care
providers who may make findings of impairment (when serving as the worker’s
attending physician); implement HB 2197, which allows a medical service
provider who is not qualified to be an attending physician to provide
compensable medical service to an injured worker for a period of 30 days or for
12 visits from from the date of the first visit on
the initial claim (rather than the date of injury), whichever first occurs,
without the authorization of an attending physician; defer to OAR 436-001 for
awarding attorney fees under ORS 656.385; require use of a release form (in
addition to Form 801 or 827) for release of HIV-related information; clarify
requirements for collection of the workers’ Social Security number on Form 827;
allow and describe use of Form 827 to make claims for new or omitted medical
conditions; require the health care provider to give the worker a copy of Form
3283 when giving the worker a copy of Form 827. (The agency prints nearly all
827s used by workers and providers, and will print Form 3283 as an attachment
to Form 827.)
The agency proposes
to amend OAR chapter 436, division 030, “Claim Closure and Reconsideration.”
These proposed rules: Require that a Notice of Closure include information
about a worker’s right to be represented by an attorney (now stated in ORS
656.270, to be repealed effective 1/1/2010 – HB 2197) and right to
request a vocational eligibility evaluation (related to limits to requirements
for vocational eligibility evaluations in HB 2705); clarify procedures for
administrative claim closure; provide that requests for reconsideration of
claim closures may be made by telephone; explain that the 14-day time frames
for parties to submit certain records relevant to the reconsideration process
begin with the director’s notice of the start date of the reconsideration;
require that evidence stored by the parties on audio media may be submitted to
the director (for the purpose of reconsideration) only in transcribed form.
The agency proposes
to amend OAR chapter 436, division 060, “Claims Administration.” These proposed
rules: Specify when and how to issue claim-related notices after a worker
is deceased, regardless of the cause of death; clarify requirements for the
worker’s employer to give the worker a copy of Form 3283, “A guide for workers
recently hurt on the job,” when the worker files a claim; lengthen the time
period that an ongoing request by the claimant’s attorney for future
claim-related documents remains in effect; specify that time limits for sending
most information to the director begin with the mailing date of the agency’s
letter or order; implement HB 2707 by prescribing notice requirements when the
insurer learns that the worker was employed in more than one job at the time of
injury; exclude secondary employment by Oregon subject volunteers from the
calculation of supplemental disability; require notice to the worker, as part
of the notice of claim acceptance, about criteria for reimbursement of
claim-related expenses; describe timeliness criteria, notice requirements, and
consent requirements related to the electronic payment of benefits to workers
and beneficiaries; implement HB 3345 by setting conditions for the payment of
penalty assessments to workers and fees to attorneys related to late payment of
disputed claim settlement amounts.
The agency proposes
to amend OAR 436-075, “Retroactive Program,” OAR 436-140, “Construction
Carve-Out Programs,” and OAR 436-150, “Workers’ Benefit Fund Claims Program.”These proposed rules: Eliminate references to
“guaranty contract,” because Senate Bill 559 (2007 Session) replaced the
guaranty contract with policy-based proof of coverage and reporting.
The agency proposes
to amend OAR 436-105, “Employer-at-Injury Program (EAIP).” These proposed
rules: Define “consumables,” as purchases required to support the
functioning of newly purchased tools or equipment, and allow purchase of
consumables under the EAIP; clarify that a worksite modification must be related
to limitations that resulted in the worker’s EAIP eligibility or prevent the
worsening of an accepted condition; clarify minimum reimbursement thresholds
and when administrative costs are reimbursable.
The agency proposes
to amend OAR 436-110, “Preferred Worker Program (PWP).” These proposed rules: Clarify the definition of “date of hire”; revise definitions of “premium” and
“reimbursable wages” to be consistent with the definitions in OAR 436-105;
implement HB 2197 by clarifying procedures for use of premium exemption under
ORS 656.622; provide a more specific time limit for requesting claims cost
reimbursement; create a new employment purchase type – placement
assistance provided by a certified vocational counselor or any public or
private agency that provides placement services, reimbursable if the assistance
results in employment that the preferred worker retains for at least 90 days;
provides that placement assistance may not be combined with vocational
assistance under OAR 436-120.
The agency proposes
to amend OAR 436-120, “Vocational Assistance to Injured Workers.” These
proposed rules: Define several terms used in division 120 –
“delivered,” “director,” “filed,” “likely eligible,” and “mailed”; defer to OAR
436-001 for awarding attorney fees under ORS 656.385; provide that modified or
new employment that results from an employer-at-injury-activated use of the PWP
is considered “suitable” 12 months after the department determines a worksite
modification is complete; implement HB 2705 by eliminating the requirement to
complete a vocational eligibility evaluation if the worker is released to
regular or other suitable work with the employer at injury or aggravation;
specify that the insurer is not required to do an eligibility evaluation if the
worker is deceased or has a permanent total disability award; implement HB 2195
by allowing an insurer, without approval by the director, to extend time loss
up to 21 months; allow further training to a worker who has completed one
training plan if there is a reasonable cause to do so; publish vocational fee
schedule maximums as percentages of Oregon’s state average weekly wage rather
than fixed dollar amounts; to implement HB 2195, provide for “registration”
rather than “authorization” of vocational assistance providers; require
certified counselors who are subject to continuing education requirements under
these rules to take at least eight hours (currently 7 hours) of training in ethical practices and at least
six hours of training on the vocational assistance and reemployment assistance
rules during the five years before certification renewal.
The agency proposes
to amend OAR 436-160, “Electronic Data Interchange.” These proposed rules: Specify whether certain proof-of-coverage data elements should be mandatory or
optional.
Address questions or
written testimony to: Fred Bruyns, rules coordinator;
phone 503-947-7717; fax 503-947-7514; e-mail fred.h.bruyns@state.or.us.
Proposed rules are available on the Workers’ Compensation Division’s Web site:
http://wcd.oregon.gov/policy/rules/rules.html#proprules or at no charge from
WCD Publications, 503-947-7627.
Rules
Coordinator: Fred Bruyns
Address: Department of Consumer and Business Services, Workers’
Compensation Division, PO Box 14480, Salem, OR 97309-0405
Telephone: (503) 947-7717
Rule
Caption: Prison Term Modification
Credits to Comply with 2009 Legislative Enhancements and Administrative
Enhancements.
Stat. Auth.: ORS 137.635, 144.108,
144.110, 161.610, 179.040, 421.120–421.122, 423.020, 423.030, 423.075
& OL 2009, Ch. 660 (HB 3508)
Stats. Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040,
421.120–421.122, 423.020, 423.030, 423.075 & OL 2009, Ch. 660 (HB
3508)
Proposed Adoptions: 291-097-0023
Proposed Amendments: 291-097-0005 – 291-097-0020, 291-097-0025
– 291-097-0140
Last Date for
Comment: 10-31-09
Summary: The 2009 Legislative Assembly enacted Oregon Laws
2009, chapter 660 (House Bill 3508) effective July 1, 2009. HB 3508 increases
the amount of earned time that an otherwise eligible inmate can obtain from 20
percent to 30 percent. HB 3508 contains an emergency clause and the amendments
to ORS 421.121 become effective on either July 1, 2009 (for inmates sentenced
on or after that date), or August 30, 2009 (for inmates who committed their
crimes prior to July 1, 2009 if the sentencing court authorizes an increase in
earned time credits for the otherwise eligible inmate). ORS 421.121 requires
the Department to adopt administrative rules that establish a process for
granting, retracting, and restoring earned time credits, which the Department
has done under OAR 291-097.
Other changes are necessary to align these
rules with recent changes to the Department’s rules on Prohibited Inmate
Conduct and Processing Disciplinary Actions, OAR 291-105, and to implement
administrative enhancements for earned time credits available to inmates during
review periods for maintaining appropriate institution conduct by maintaining
misconduct free behavior for Level 1 or Level 2 rule violations.
Rules Coordinator: Janet R. Worley
Address: Department of Corrections, 2575 Center St. NE, Salem,
OR 97301-4667
Telephone: (503) 945-0933
Rule
Caption: Repeal Regulations relating
to the Provision of Addictions Services and Supports.
Date: Time: Location:
10-19-09 2
p.m. Large
Conference Rm
800 Cardley St.
Medford,
OR 97501
10-21-09 2
p.m. Lewis
& Clark Rm.
1300
Wall St.
Bend,
OR 97701
10-22-09 2
p.m. North
Conference Rm.
1555
SW Southgate Place
Pendleton,
OR 97801
10-28-09 2:15
p.m. Rm.
137A, DHS Bldg.
500 Summer St. NE
Salem,
OR 97301-1118
Hearing
Officer: Richard Luthe
Stat.
Auth.: ORS 161.390, 409.050, 409.410,
409.420, 426.490–426.500, 428.205–428.270, 430.640 & 443.450
Stats.
Implemented: ORS 161.390–161.400,
179.505, 409.010, 409.430–409.435, 426.380–426.395,
426.490–426.500, 430.010, 430.205–430.210, 430.240–430.640,
430.850–430.955, 443.400– 443.460, 443.991, 461.549, 743A.168,
813.010–813.052 & 813.200–813.270
Proposed
Repeals: 415-051-0000, 415-051-0010,
415-051-0015, 415-051-0020, 415-051-0025, 415-051-0030, 415-051-0035,
415-051-0037, 415-051-0040, 415-051-0045, 415-051-0050, 415-051-0055,
415-051-0057, 415-051-0060, 415-051-0065, 415-051-0067, 415-051-0069,
415-051-0072, 415-051-0075, 415-051-0077, 415-051-0090, 415-051-0100,
415-051-0105, 415-051-0110, 415-051-0130, 415-051-0140, 415-051-0155,
415-051-0165
Last Date
for Comment: 10-30-09
Summary: These OAR 415 rules are being deleted and will be replaced by new
rules in OAR 309.
Rules
Coordinator: Richard Luthe
Address: Department of Human Services, Addictions and Mental
Health Division: Addiction Services, 500 Summer St. NE, E-86, Salem, OR 97301
Telephone: (503) 947-1186
Rule
Caption: Revise and Integrate
Regulations for the Provision of Addictions and Mental Health Services and
Supports.
Date: Time: Location:
10-19-09 2
p.m. Large
Conference Rm
800 Cardley St.
Medford,
OR 97501
10-21-09 2
p.m. Lewis
& Clark Rm.
1300
Wall St.
Bend,
OR 97701
10-22-09 2
p.m. North
Conference Rm.
1555
SW Southgate Place
Pendleton,
OR 97801
10-28-09 2:15
p.m. Rm.
137A, DHS Bldg.
500
Summer St. NE
Salem,
OR 97301-1118
Hearing
Officer: Richard Luthe
Stat.
Auth.: ORS 161.390, 409.050, 409.410,
409.420, 426.490–426.500, 428.205–428.270, 430.640 & 443.450
Stats.
Implemented: ORS 161.390–161.400,
179.505, 409.010, 409.430–409.435, 426.380–426.395,
426.490–426.500, 430.010, 430.205–430.210, 430.240–430.640,
430.850–430.955, 443.400–443.460, 443.991, 461.549, 743A.168,
813.010–813.052 & 813.200–813.270
Proposed
Adoptions: 309-032-1500, 309-032-1505,
309-032-1510, 309-032-1515, 309-032-1520, 309-032-1525, 309-032-1530,
309-032-1535, 309-032-1540, 309-032-1545, 309-032-1550, 309-032-1555,
309-032-1560, 309-032-1565
Proposed
Repeals: 309-032-0001, 309-032-0070,
309-032-0075, 309-032-0080, 309-032-0085, 309-032-0090, 309-032-0095, 309-032-0100,
309-032-0105, 309-032-0110, 309-032-0115, 309-032-0175, 309-032-0180,
309-032-0185, 309-032-0190, 309-032-0195, 309-032-0200, 309-032-0205,
309-032-0210, 309-032-0220, 309-032-0225, 309-032-0230, 309-032-0235,
309-032-0240, 309-032-0245, 309-032-0250, 309-032-0455, 309-032-0460,
309-032-0465, 309-032-0470, 309-032-0475, 309-032-0480, 309-032-0485,
309-032-0490, 309-032-0495, 309-032-0500, 309-032-0505, 309-032-0510,
309-032-0515, 309-032-0525, 309-032-0535, 309-032-0545, 309-032-0555, 309-032-0565,
309-032-0575, 309-032-0585, 309-032-0595, 309-032-0605, 309-032-0720,
309-032-0730, 309-032-0740, 309-032-0750, 309-032-0760, 309-032-0770,
309-032-0780, 309-032-0790, 309-032-0800, 309-032-0810, 309-032-0820,
309-032-0830, 309-032-0850, 309-032-0860, 309-032-0870, 309-032-0890,
309-032-0950, 309-032-0960, 309-032-0970, 309-032-0980, 309-032-0990,
309-032-1000, 309-032-1010, 309-032-1020, 309-032-1030, 309-032-1040,
309-032-1050, 309-032-1060, 309-032-1070, 309-032-1080, 309-032-1095,
309-032-1100, 309-032-1110, 309-032-1120, 309-032-1130, 309-032-1140,
309-032-1150, 309-032-1160, 309-032-1170, 309-032-1180, 309-032-1190,
309-032-1200, 309-032-1210, 309-032-1220, 309-032-1230, 309-032-1240,
309-032-1245, 309-032-1250, 309-032-1255, 309-032-1260, 309-032-1265,
309-032-1270, 309-032-1275, 309-032-1280, 309-032-1285, 309-032-1290,
309-032-1295, 309-032-1300, 309-032-1305
Last Date
for Comment: 10-30-09
Summary: These rules prescribe minimum standards for the
services and supports provided by addictions and mental health providers
approved by the Department of Human Services, Addictions and Mental Health
Division (AMH). These rules:
(a) Promote recovery,
resiliency, wellness, independence and safety for individuals receiving
addictions and mental health services and supports;
(b) Specify standards
for services and supports that are person-directed, youth guided,
family-driven, culturally competent, trauma-informed and wellness-informed; and
(c) Promote functional
and rehabilitative outcomes for individuals throughout a continuum of care that
is developmentally appropriate.
Rules
Coordinator: Richard Luthe
Address: Department of Human Services, Addictions and Mental
Health Division: Mental Health Services, 500 Summer St. NE, E-86, Salem, OR
97301
Telephone: (503) 947-1186
Rule
Caption: Changing OARs affecting Child Welfare programs
Date: Time: Location:
10-22-09 1
p.m. Room
251
500
Summer St. NE
Salem,
OR
Hearing
Officer: Annette Tesch
Stat.
Auth.: ORS 418.005
Other
Auth.: The Social Security Act (42 USC
471-475)
Stats.
Implemented: ORS 418-005, 419B.343
Proposed
Adoptions: 413-010-0175
Proposed
Amendments: 413-010-0170, 413-010-0180
Last Date
for Comment: 10-23-09, 5 p.m.
Summary: OAR 413-010-0170 and OAR 413-010-0180 about the rights and
protection of children placed into Department custody are being amended to
state a child’s right to participate in his or her case plan development and
reflect current Department terminology, policy, and practices. OAR 413-010-0175
about the definitions used in these rules, OAR 413-010-0170 to 413-010-0180, is
being adopted to state definitions of terms used throughout these rules. OAR
413-010-0180 about the rights of children placed in the legal custody of the
Department also is being amended to state the rights the child has.
In addition, the above
rules may also be changed to reflect new Department terminology and to correct
formatting and punctuation.
Rules Coordinator: Annette Tesch
Address: Department of Human Services, Children, Adults and
Families Division: Child Welfare Programs, 500 Summer St. NE, E-48, Salem, OR
97301-1066
Telephone: (503) 945-6067
Rule
Caption: Changing OARs affecting Child Welfare programs.
Date: Time: Location:
10-22-09 2:30
p.m. Room
251
500
Summer St. NE
Salem,
OR
Hearing
Officer: Annette Tesch
Stat.
Auth.: ORS 418.005
Stats.
Implemented: ORS 409.815, 418.005, 418.015,
419B.005–419B.050
Proposed
Adoptions: 413-015-0214, 413-015-0403
Proposed
Amendments: 415-015-0211, 413-015-0420
Last Date
for Comment: 10-23-09, 5 p.m.
Summary: OAR 413-015-0211 about the additional steps undertaken by a Child
Protective Services screener when determining the Department response to
received information alleging abuse or neglect of a child is being amended to
state that when a minor parent is an alleged perpetrator of abuse or neglect
the screener must attempt to determine if there is a report of abuse or neglect
with the minor parent as an alleged victim and if so, how to document both
allegations in the Department’s information system.
OAR 413-015-0214 about
how the Department assigns workers to conduct Child Protective Services
assessments is being adopted to state that when
possible the Department assigns separate CPS workers to complete assessments of
allegations when a minor parent is both an alleged perpetrator and victim.
OAR 413-015-0403 about
how the Department assigns workers to conduct Child Protective Services
assessments is being adopted to state that when
possible the Department assigns separate CPS workers to complete assessments of
allegations when a minor parent is both an alleged perpetrator and victim.
OAR 413-015-0420 about
with whom and how Child Protective Services (CPS) workers make initial contact
when assessing an allegation of abuse or neglect is being amended to state that
when interviewing an alleged perpetrator who is the minor parent of the alleged
victim the CPS worker must determine if there is an allegation of abuse or
neglect with the minor parent as a victim and that, if so, the CPS worker must
report the information to a CPS screener.
In addition, the above
rules may also be changed to reflect new Department terminology and to correct
formatting and punctuation.
Rules
Coordinator: Annette Tesch
Address: Department of Human Services, Children, Adults and
Families Division: Child Welfare Programs, 500 Summer St. NE, E-48, Salem, OR
97301-1066
Telephone: (503) 945-6067
Rule
Caption: Changing OARs affecting Child Welfare programs.
Date: Time: Location:
10-22-09 1:30
p.m. Room
251
500
Summer St. NE
Salem,
OR
Hearing
Officer: Annette Tesch
Stat.
Auth.: ORS 418.005
Other
Auth.: Social Security Act, Title IV-E,
Section 477; Public Law 106-169, Foster Care Independence Act of 1999, Title l;
Public Law 110-351, Fostering Connections to Success and Increasing Adoptions
Act; 45 CFR 1355, 1356, and 1357
Stats.
Implemented: ORS 418.005, 418.475, 419B.343,
419B.476(3)
Proposed
Adoptions: 413-030-0449, 413-030-0454, 413-030-0460
Proposed
Amendments: 413-030-0400, 413-030-0405,
413-030-0410, 413-030-0430, 413-030-0445
Proposed
Repeals: 413-030-0415, 413-030-0420,
413-030-0425, 413-030-0435, 413-030-0440, 413-030-0450, 413 030-0455
Last Date
for Comment: 10-22-09, 5 p.m.
Summary: These rules about Department responsibilities for comprehensive
transition planning and the services the Department provides during a child or
young adult’s transition from the care and custody of the Department to living
independently are being amended, adopted, and repealed because the Department
is restructuring the program and renaming it Youth Transitions. These rules set
the requirements and responsibilities for the Department around youth
transition services and when a child or young adult achieves independence, the
eligibility requirements for a child or young adult seeking youth transition
services, the range of services available to the child or young adult, and the
development and review of comprehensive transition plans.
OAR 413-030-0400, 413-030-0405,
413-030-0410, 413-030-0430, and 413-030-0445 about the Department’s
responsibilities in monitoring and managing the transition of a child or young
adult from the care and custody of the Department to independent living are
being amended to reflect current Department terminology, policy, and practices.
OAR 413-030-0415, 413-030-0420, 413-030-0425, 413-030-0435, 413-030-0440,
413-030-0450, and 413-030-0455 about the Department’s responsibilities in
monitoring and managing the transition of a child or young adult from the care
and custody of the Department to independent living are being repealed because
their relevant provisions have been incorporated into other rules in this rule
set and their remaining provisions do not reflect current Department terminology,
policy, and practices. OAR 413-030-0405 about the definitions used in OAR
413-030-0400 to 413-030-0460 also is being amended to add current and remove
outdated definitions of terms used throughout these rules. OAR 413-030-0410
about a child or young adult’s eligibility for Youth Transition services is
also being amended to state the eligibility requirements for life skills
training, housing subsidies, education and training grants, discretionary funds
and cross-reference which services a child a or young adult may utilize during
the transition to independent living, and to state that a former foster care
youth must have been in foster care at or after 16 years of age (instead of 14
years of age) to be eligible to access Youth Transition services. OAR
413-030-0430 about the range of services available through the Department to an
eligible child or young adult transitioning to independent living also is being
amended to state the services include skill building services, independent
living housing subsidies, Chafee housing subsidies, education and training
grants, and discretionary funds. OAR 413-030-0445 about the development of a
comprehensive transition plan is being amended to state when the Department
develops the plan, what the plan must include, who is involved in developing
the plan, and that the plan must identify goals and services for education,
employment, health, housing, life skills, supportive relationships and
community connections, and transportation. OAR 413-030-0449 about how the Department
reviews, monitors, and documents a child or young adult’s comprehensive
transition plan, OAR 413-030-0454 about benchmark review of the comprehensive
transition plan, and OAR 413-030-0460 about the Department’s responsibilities
when a child or young adult is achieving independence are being adopted to
explain the comprehensive transition plan and independence processes for a
child or young adult in the care and custody of the Department who is
transitioning to independent living.
In addition, the above
rules may also be changed to reflect new Department terminology and to correct
formatting and punctuation.
Rules
Coordinator: Annette Tesch
Address: Department of Human Services, Children, Adults and
Families Division: Child Welfare Programs, 500 Summer St. NE, E-48, Salem, OR
97301-1066
Telephone: (503) 945-6067
Rule
Caption: Changing OARs affecting Child Welfare programs.
Date: Time: Location:
10-22-09 2
p.m. Room
251
500
Summer St. NE
Salem,
OR
Hearing
Officer: Annette Tesch
Stat.
Auth.: ORS 418.005
Stats.
Implemented: ORS 109.328, 418.005,
419A.004(17), 419B.470
Proposed
Adoptions: 413-070-0550, 413-070-0565
Proposed
Amendments: 413-070-0520, 413-070-0524,
413-070-0532, 413-070-0536, 413-070-0540, 413-070-0548, 413 070-0552,
413-070-0556
Proposed
Repeals: 413-070-0528, 413-070-0544,
413-070-0560, 413-070-0700, 413-070-0710, 413-070-0720, 413 070-0730,
413-070-0740, 413-070-0750
Last Date
for Comment: 10-23-09, 5 p.m.
Summary: These rules about the appropriate use of Another Planned
Permanent Living Arrangement (APPLA) (OAR 413-070-0520 to 413-070-0565) as a
permanency plan for a child placed in the Department’s legal custody are being
changed to clarify the scope and limitations of the Department’s consideration
and recommendation of APPLA as the permanency plan for a child or young adult
in the custody of the Department and to incorporate the relevant provisions
from the rules concerning Permanent Foster/Kinship Care permanency plans (OAR
413-070-0700 to 413-070-0750) as the Permanent Foster/Kinship Care program is
being restructured into APPLA and its rules (OAR 413-070-0700 to 413-070-0750)
repealed. The APPLA rules, OAR 413-070-0520 to 413-070-0565, state the
circumstances under which the Department will consider and implement an APPLA
as the permanency plan for a child in the Department’s custody, the types of
APPLA plans — permanent foster care and permanent connections and
support, when the Department may consider an APPLA as the permanency plan, the
decision making process the Department must follow to conclude an APPLA is the
appropriate permanency plan for a child, what an APPLA case plan must include,
who reviews and approves an APPLA plan, the ongoing responsibilities of the
Department and substitute caregiver when implementing an APPLA plan, when and
how an APPLA case plan is reviewed, and how an APPLA plan may be terminated.
OAR 413-070-0700, 413-070-0710, 413-070-0720, 413-070-0730, 413-070-0740, and
413-070-0750 about how the Department administered its Permanent Foster/Kinship
Care program are being repealed because their relevant provisions have been
incorporated into the administrative rules around APPLA (OAR 413-070-0520 to
413-070-0565) and their remaining provisions do not reflect current Department
terminology, policy, and practices.
OAR 413-070-0520 about
the purpose of the Department’s Another Planned Permanent Living Arrangement
(APPLA) rules (OAR 413-070-0520 to 413-070-0565), OAR 413-070-0524 about the
definitions used in these rules, OAR 413-070-0532 about the types of APPLA
plans the Department develops, OAR 413-070-0536 about when the Department may
consider using an APPLA as the permanency plan for a child in the Department’s
custody, OAR 413-070-0540 about how the Department determines an APPLA is the
appropriate permanency plan for a child, OAR 413-070-0548 about what an APPLA
case plan must include, OAR 413-070-0552 about the Department substitute
caregiver’s ongoing responsibilities once an APPLA plan has been undertaken,
and OAR 413-070-0556 about when and how the Department reviews an APPLA case
plan are being amended; OAR 413-070-0528 about the values underlying permanency
planning, OAR 413-070-0544 about the categories of APPLA plans, and OAR
413-070-0560 about APPLA plan documentation requirements are being repealed;
and OAR 413-070-0550 about how the Department reviews and approves an APPLA
permanency plan and OAR 413-070-0565 about when an APPLA permanency plan must
be terminated are being adopted to clarify the Department’s policy for APPLA
permanency plans, include definitions used throughout the APPLA rules, OAR
413-070-0520 to 413-070-0565, reflect current Department policy, practice, and
terminology, and incorporate the relevant provisions of the repealed Permanent
Foster/Kinship Care permanency plans rules (OAR 413-070-0700 to 413-070-0750).
OAR 413-070-0700 about
the purpose of the Department’s Permanent Foster/Kinship Care rules (OAR
413-070-0700 to 413-070-0750), OAR 413-070-0710 about the definitions used in
these rules, OAR 413-070-0720 about the eligibility requirements for permanent
foster/kinship care, OAR 413-070-0730 about how the Department approved a
permanent foster/kinship placement for a child, OAR 413-070-0740 about the
ongoing roles and responsibilities for foster/kinship care parents and the
Department, and OAR 413-070-0750 about the termination of permanent
foster/kinship care plans are being repealed to streamline the administrative
rules and remove redundant rules as their relevant provisions have been
incorporated into the administrative rules around the Another Planned Permanent
Living Arrangement (APPLA, OAR 413-070-0520 to 413-070-0565) permanency plans
because permanent foster care is a type of APPLA plan and their remaining
provisions do not reflect current Department terminology, policy, and
practices.
Rules
Coordinator: Annette Tesch
Address: Department of Human Services, Children, Adults and
Families Division: Child Welfare Programs, 500 Summer St. NE, E-48, Salem, OR
97301-1066
Telephone: (503) 945-6067
Rule
Caption: October 09 Technical changes
to the January 1, 2009–December 31, 2010 Health Services Commission’s
Prioritized List of Health Services.
Stat. Auth.: ORS 409.050 &
414.065
Stats. Implemented: ORS 414.065
Proposed Amendments: 410-141-0520
Proposed Repeals: 410-141-0520(T)
Last Date for
Comment: 10-22-09
Summary: The Oregon Health Plan Program administrative rules
govern Division of Medical Assistance Programs’ (DMAP) payments for services provided
to certain clients. Having temporarily amended this rule, DMAP needs to
permanently amend and repeal the temporary rule with the filing of this notice.
DMAP will permanently amend 410-141-0520 to reference the additional interim
modifications and technical changes effective October 1, 2009 to the January 1,
2009–December 31, 2010 Prioritized List of Health Services. The October
1, 2009 interim modifications and technical changes include application of 2009
national code to the HSC lines and HSC guideline refinements.
Rules Coordinator: Darlene Nelson
Address: Department of Human Services, Division of Medical
Assistance Programs, 500 Summer St. NE, E-35, Salem, OR 97301
Telephone: (503) 945-6927
Rule
Caption: Maintain the current Petroleum
Load Fee rate of $4.00 in lieu of raising it to $6.00.
Date: Time: Location:
10-21-09 9
a.m. Office
of State Fire Marshal
4760
Portland Rd. NE
Salem,
OR 97305
Hearing
Officer: Mariana Ruiz-Temple
Stat.
Auth.: ORS 453.367
Stats.
Implemented:
Proposed
Amendments: 837-090-1145
Last Date
for Comment: 10-28-09
Summary: The rule is being amended to maintain the Petroleum Load Fee at
the current rate of $4.00 in lieu of raising the fee to $6.00. The Petroleum
Load Fee funds the Hazardous Materials Emergency Response Team Program (HMERT).
The program is sustainable at the current rate of $4.00.
Rules
Coordinator: Pat Carroll
Address: Department of Oregon State Police, Office of State
Fire Marshal, 4760 Portland Rd. NE, Salem, OR 97305
Telephone: (503) 934-8276
Rule
Caption: Interest rate decrease for
deficiencies and refunds effective January 1, 2010.
Date: Time: Location:
11-23-09 10
a.m. Fishbowl
Conference Rm.
955
Center St. 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: 11-23-09, Close of Hearing
Summary: OAR 150-305.220(1) and 150-305.220(2) are proposed for amendment
to reflect a decrease in the interest rate paid on refunds and charged on
deficiencies. This notice of proposed rulemaking is intended to comply with the
requirements of ORS 305.220(3), which requires notice of intent to adopt
adjusted interest rates to be given in the manner provided in ORS 183.335 not
less than three months before the proposed effective date of the adjusted
rates. These changes are proposed for interest periods beginning on or after
January 1, 2010.
Rules
Coordinator: Debra L. Buchanan
Address: 955 Center St NE Salem OR 97301-2555
Telephone: (503) 945-8653
Rule
Caption: Removal-Fill Authorizations
within Oregon Waters, General Authorizations and Essential Salmon Habitat
Designations.
Date: Time: Location:
11-18-09 9–10
a.m. DSL,
Land Board Rm.
775
Summer St. NE
Salem,
OR
11-18-09 2–3
p.m. Douglas
Co. Courthouse
Rm.
310
1036
SE Douglas
Roseburg,
OR
11-19-09 9–10
a.m. DSL
Eastern Region
1645
NE Forbes Rd.
Suite
112
Bend,
OR
Hearing
Officer: Eric Metz
Stat.
Auth.: ORS 196.600–196.692 &
196.800–196.990
Stats.
Implemented: ORS 196.600–196.692 &
196.800–196.990
Proposed
Amendments: 141-085-0500 –
141-085-0785, 141-089-0100 – 141-089-0615, 141-102-0000 –
141-102-0040
Last Date
for Comment: 11-20-09
Summary: The Division 85 rules have been amended to reflect statutory
changes enacted during the 79th Oregon Legislative Assembly—2009 Regular
Session (HB 2155 and HB 2156), and to provide increased precision in certain
technical areas, such as In-Lieu Fee Mitigation, and acceptable forms of
financial security instruments for compensatory mitigation projects. The
Division 89 rules have also been amended in part, to reflect statutory changes,
but also to make them more succinct and consistent with the format used in
recently revised Division 85 rules. The Division 102 rules have been amended to
update the Department of State Lands’ Essential Indigenous Anadromous Salmonid Habitat mapped designations based upon newly
available, more accurate data from the Oregon Department of Fish and Wildlife
on the spawning and rearing habitat of federally listed threatened and
endangered runs of indigenous, anadromous salmonids and state listed sensitive runs of these same
species.
Rules
Coordinator: Elizabeth Martino
Address: Department of State Lands, 775 Summer St. NE, Suite
100, Salem, OR 97301-1279
Telephone: (503) 986-5239
Rule
Caption: Adopt rules governing the
establishment of and uses within marine reserves and marine protected areas.
Date: Time: Location:
10-20-09 1–3
p.m. State
Lands Bldg.
Land
Board Rm,
775
Summer St. NE
Salem,
OR
10-21-09 7–9
p.m. Port Orford Public Library
1421
Oregon St.
Port Orford, OR
10-22-09 7–9
p.m. The
Inn at Otter Crest
301
Otter Crest Dr.
Otter
Rock, OR
Hearing
Officer: Tony Stein
Stat.
Auth.: ORS 183, 273, 274
Other
Auth.: Oregon Constitution, Article 111, Section 5
Stats.
Implemented: OL 2009 Ch. 847
Proposed
Adoptions: 141-142-0010, 141-142-0015,
141-142-0020, 141-142-0025, 141-142-0030, 141-142-0035, 141-142-0040
Last Date
for Comment: 11-17-09, 5 p.m.
Summary: House Bill 3013 provides that the State Land Board and other
relevant state agencies “...shall, consistent with existing statutory authority
implement the November 29, 2008 recommendations from the Ocean Policy Advisory
Council on marine reserves by: (1) Adopting rules to establish, study, monitor,
evaluate and enforce a pilot rock marine reserve at Otter Rock and a pilot
marine reserve and a marine protected area at Redfish Rocks...”
These rules describe
what uses the Department of State Lands may authorize within areas designated
as a marine reserve or marine protected area, and identify areas of state-owned
submerged and submersible land in the Territorial Sea that have been designated
by House Bill 3013 as a marine reserve or marine protected area.
Rules
Coordinator: Elizabeth Martino
Address: Department of State Lands, 775 Summer St. NE, Suite
100, Salem, OR 97301-1279
Telephone: (503) 986-5239
Rule
Caption: Amend rules authorizing uses
of state-owned submerged and submersible land.
Date: Time: Location:
10-26-09 7–9
p.m. Smith
Memorial
Student
Union Bldg., Rm. 338
Portland
State University
1825
SW Broadway
Portland,
OR
10-27-09 7–9
p.m. Seafood
Customer Center
2021
Marine Dr.
Astoria,
OR
10-28-09 7–9
p.m. Coos
Bay Public Library
Myrtlewood Meeting Rm.
525
Anderson Ave.
Coos
Bay, OR
Hearing
Officer: Jeff Kroft
Stat.
Auth.: ORS 183, 273, 274
Other
Auth.: Oregon Constitution, Article
VIII, Section 5
Stats.
Implemented:
Proposed
Adoptions: 141-082-0044, 141-082-0175
Proposed
Amendments: 141-082-0000, 141-082-0030,
141-082-0040, 141-082-0060, 141-082-0070, 141-082-0080, 141-082-0090,
141-082-0100, 141-082-0110, 141-082-0130, 141-082-0140, 141-082-0150,
141-082-0160, 141-082-0170, 141-082-0200
Proposed
Repeals: 141-082-0046, 141-082-0049,
141-082-0101, 141-082-0105, 141-082-0120, 141-082-0190, 141-082-0210
Proposed Ren. & Amends: 141-082-0020 to 141-082-0004, 141-082-0010 to 141-082-0014
Last Date
for Comment: 11-6-09, 5 p.m.
Summary: These rules govern the granting of leases, public facility
licenses, short-term access authorizations and registrations for a wide variety
of commercial and non-commercial and public uses in, on, under and over
state-owned submerged and submersible land. Since the time that these rules
were last amended in 2002, they have served the agency well. However, a number
of changes, most of which are relatively minor, need to be made to these rules
to clarify various provisions; streamline some of the processes used; ensure
that the definitions of terms used in the rules are the same as those recently
used in other rules; and have the same format now used when creating new or
amending existing rules. To enable the Department to recover more of the costs
that it incurs to administer its registration program, these rules provide for
increases in the application fee for a public facility license and the fees for
the registration of structures on state-owned submerged and submersible land.
Rules
Coordinator: Elizabeth Martino
Address: Department of State Lands, 775 Summer St. NE, Suite
100, Salem, OR 97301-1279
Telephone: (503) 986-5239
Rule
Caption: Eligibility and application
procedures for grants and loans under the multimodal transportation fund
program.
Stat. Auth.: ORS 184.616, 184.619
& 367.082
Stats. Implemented: ORS 367.080–367.086
Proposed Amendments: 731-035-0010, 731-035-0020, 731-035-0030,
731-035-0040, 731-035-0050, 731-035-0060, 731-035-0070, 731-035-0080
Last Date for
Comment: 10-21-09
Summary: The proposed amendments are needed to implement
Section 10(1) of HB 2001, to allocate at least five percent of the net proceeds
of lottery bonds used for the ConnectOregon III
program to rural airports.
Text of proposed and recently adopted ODOT
rules can be found at web site http://www.oregon.gov/ODOT/CS/RULES/
Rules Coordinator: Lauri Kunze
Address: Department of Transportation, 355 Capitol St. NE, Rm.
29, Salem, OR 97301
Telephone: (503) 986-3171
Rule
Caption: Requirements for a Hazardous
Materials Endorsement; Military Privileges; Valid CDL; Civil Penalty for Out-of-Service Order.
Date: Time: Location:
10-19-09 1
p.m. Multnomah
County
Commission
Board Rm.
501
SE Hawthorne Blvd.
Portland,
OR 97214
10-21-09 9
a.m. U
of O Continuing Ed. Center
975
High St.
Eugene,
OR 97401
Hearing
Officer: Liz Woods
Stat.
Auth.: ORS 184.616, 184.619, 802.010,
807.173, 183.745
Other
Auth.: 49 USC, Sec 5103a, 49 CFR
§383.71, 49 CFR §1572
Stats.
Implemented: ORS 807.170, 807.173, 807.350,
809.310, 183.745 & Sec. 14, Ch. 395, OL 2009
Proposed
Amendments: 735-062-0190, 735-070-0000, 735-070-0170
Proposed
Repeals: 735-062-0003, 735-070-0043
Last Date
for Comment: 10-21-09
Summary: Chapter 395, Oregon Laws 2009 (SB 129) amends several statutes
related to commercial driving privileges and the operation of a commercial
motor vehicle. The bill was proposed by DMV to make certain that Oregon’s
commercial driver license (CDL) program is in compliance with federal
regulations.
To qualify for a
hazardous materials endorsement, Section 8, Chapter 395, Oregon Laws 2009
requires the person to be a U.S. citizen or permanent legal resident as defined
by the department by rule. The proposed amendment of OAR 735-062-0190(1)(c)
establishes what documents are required to establish proof of U.S. citizenship
or a permanent legal status. DMV also proposes to amend OAR 735-062-0190 to
align DMV’s process with federal requirements that a person be required to pass
a security threat assessment from the Transportation Security Administration
(TSA) every five years. Other amendments clarify the process for cancellation
of a commercial driver license if a person does not remain qualified for the
hazardous materials endorsement. Other changes are made for clarity.
DMV proposes to amend
OAR 735-070-0000 to include a reference to ORS 807.173 which authorizes DMV to cancel a CDL if the person no longer qualifies for a
hazardous materials endorsement.
Section 14, Chapter
395, Oregon Laws 2009 specifies new civil penalty amounts for violation of an
out-of-service order. DMV proposes to amend OAR 735-070-0170 to delete the
language concerning the civil penalty amounts and to update a statutory
reference in the section that sets forth administrative hearing rights.
DMV proposes to repeal
two rules because of statutory amendments in Chapter 395, Oregon Laws 2009. DMV
proposes to repeal OAR 735-062-0003 and 735-070-0043 as the new law includes
all necessary language and the rules are no longer needed.
Text of proposed and
recently adopted ODOT rules can be found at web site
http://www.oregon.gov/ODOT/CS/RULES/
Rules
Coordinator: Lauri Kunze
Address: Department of Transportation, Driver and Motor Vehicle
Services Division, 355 Capitol St. NE, Rm. 29, Salem, OR 97301
Telephone: (503) 986-3171
Rule
Caption: Limited Term Driver Licenses,
Driver Permits and Identification Cards; Documents Needed; Valid with Previous Photo.
Date: Time: Location:
10-19-09 1
p.m. Multnomah
County
Commission
Board Rm.
501
SE Hawthorne Blvd.
Portland
OR 97214
10-21-09 9
a.m. U
of O Continuing Ed. Center
975
High Street
Eugene
OR 97401
Hearing
Officer: Liz Woods
Stat.
Auth.: ORS 184.616, 184.619, 802.010,
802.012, 807.040, 807.050, 807.060, 807.120, 807.150, 807.160, 807.400,
809.310, 2008 OL (SB 1080), Ch 1 and 2009 OL, Ch 258 (SB 128)
Other
Auth.: EO 07-22
Stats.
Implemented: ORS 802.012, 802.540, 807.040,
807.045, 807.050, 807.060, 807.062, 807.066, 807.100, 807.150, 807.160,
807.220, 807.230, 807.280, 807.400 and 2008 OL, Ch 1
Proposed
Amendments: 735-062-0007, 735-062-0010,
735-062-0015, 735-062-0020, 735-062-0090, 735-062-0110, 735-062-0125
Last Date
for Comment: 10-21-09
Summary: Section 4, Chapter 1, Oregon Laws 2008, which is operative on
January 1, 2010, provides for the issuance, renewal and replacement of a
limited term driver license, limited term driver permit and limited term
identification card. DMV proposes to amend OAR 735-062-0007, 735-062-0010 and
735-062-0090 to specify what proof of legal presence in the United States (US)
an applicant must provide for the issuance or renewal of a limited term driver
license, limited term driver permit or limited term identification card if the
applicant is in the US on a temporary basis. Other changes update these rules
to refer to a limited term driver license, driver permit or ID card.
The proposed amendment
to OAR 735-062-0015(6) is to clarify that DMV will not re-verify the legal
presence documents presented by a person who is applying to replace a limited
term driver license, limited term driver permit or limited term identification
card since those documents were verified at the time of original issuance or
renewal. DMV is also proposing to amend section (2) of this rule to clarify
that a tribal ID card is sufficient proof that the person applying is a citizen
or permanent resident of the US.
OAR 735-062-0125
defines the requirements for renewing or replacing a driver license or
identification card using a previous photo on file with DMV. As authorized by
SB 1080, these may be issued to an applicant who is a US Citizen or permanent
resident who is unable to renew or replace an Oregon
issued driver license or identification card in person because the applicant is
away from Oregon for an extended period of time. DMV’s proposed amendment
clarifies what proof must be provided by the applicant to
qualify for a driver license or identification card that uses a previous photo.
DMV also proposes to amend OAR 735-062-0020 to specify the requirements for
proof of identity and date of birth when a driver license or identification
card issued under OAR 735-062-0125 is renewed or replaced.
DMV proposes to amend
OAR 735-062-0090 to extend the time period within which a person may apply for
renewal of a driver license or identification card before its expiration date
to 14 months. The amendment also describes the proof of legal presence
necessary to renew a limited term driver license, driver permit or
identification card.
Rules
Coordinator: Lauri Kunze
Address: Department of Transportation, Driver and Motor Vehicle
Services Division, 355 Capitol St. NE, Rm. 29, Salem, OR 97301
Telephone: (503) 986-3171
Rule
Caption: Renewal of Disabled Person
Parking Permits.
Date: Time: Location:
10-19-09 1
p.m. Multnomah
County
Commission
Board Room
501
SE Hawthorne Blvd
Portland
OR 97214
10-21-09 9
a.m. U
of O Continuing Education Ctr.
975
High St.
Eugene
OR 97401
Hearing
Officer: Liz Woods
Stat.
Auth.: ORS 184.616, 184.619, 811.602,
811.607, 811.609
Stats.
Implemented: ORS 811.602, 811.604, 811.605,
811.606, 811.607, 811.609 and 2008 OL Ch 1
Proposed
Amendments: 735-080-0020, 735-080-0040, 735-080-0060
Last Date
for Comment: 10-21-09
Summary: ORS 811.604 as amended by Chapter 238, Oregon Laws 2009 (SB 937)
requires that an application for renewal of a disabled person
parking permit contain a certificate signed by a licensed health care
provider that the person qualifies for the permit. Previously a person could
sign a statement that they still qualify for a disabled person
parking permit to renew.
DMV proposes to amend
OAR 735-080-0040 to establish how an applicant for the renewal of a disabled person parking permit must provide the required signed
certificate that qualifies the person to renew the permit. This includes a new
renewal form that can be used.
DMV also proposes to
amend OAR 735-080-0020 and 735-080-0060 to list the correct form numbers for
applications as DMV has developed new forms that are specific to the permit,
decal or placard for which the person is applying.
Other changes are made
for clarity.
Rules
Coordinator: Lauri Kunze
Address: Department of Transportation, Driver and Motor Vehicle
Services Division, 355 Capitol St. NE, Rm. 29, Salem, OR 97301
Telephone: (503) 986-3171
Rule
Caption: Proof of School Attendance,
Completion, Exemption and for Waiver of Reinstatement
Fee.
Stat. Auth.: ORS 184.616, 184.619,
802.010, 807.066, 809.380
Stats. Implemented: ORS 807.066 & 809.380
Proposed Amendments: 735-062-0035
Last Date for
Comment: 10-21-09
Summary: ORS 809.380 as amended by Chapter 105, Oregon Laws
2009 (HB 2871) requires that DMV waive the reinstatement fee for a person whose
driving privileges are suspended for non-attendance at school if the person can
show that he or she has graduated from high school or received a General
Educational Development (GED) certificate at the time of reinstating driving
privileges. The proposed amendment to OAR 735-062-0035 establishes what proof
DMV will accept as proof of high school graduation or a GED certificate for
determining whether a reinstatement fee should be waived.
Text of proposed and recently adopted ODOT
rules can be found at web site http://www.oregon.gov/ODOT/CS/RULES/
Rules Coordinator: Lauri Kunze
Address: Department of Transportation, Driver and Motor Vehicle
Services Division, 355 Capitol St. NE, Rm. 29, Salem, OR 97301
Telephone: (503) 986-3171
Rule
Caption: Hardship or Probationary
Permit Restrictions.
Stat. Auth.: ORS 184.616, 184.619,
802.010, 807.270 & 813.510
Stats. Implemented: ORS 807.240, 807.270, 809.600, 813.100, 813.510,
813.602, 813.608, 813.610, 813.612 & 803.614
Proposed Amendments: 735-064-0100
Last Date for
Comment: 10-21-09
Summary: Section 12, Chapter 783, Oregon Laws 2009 (HB 3271)
amends ORS 809.600(1) and adds a new offense – aggravated driving while
suspended or revoked – to the kinds of convictions that result in
revocation of driving privileges as an habitual offender. OAR 735-064-0100(1)(c) describes what
constitutes a violation of a hardship or probationary permit and lists the
convictions in ORS 809.600(1)(a) through (g). Therefore DMV proposes to amend
OAR 735-064-0100 to include the conviction of aggravated driving while
suspended or revoked.
Text of proposed and recently adopted ODOT
rules can be found at web site http://www.oregon.gov/ODOT/CS/RULES/
Rules Coordinator: Lauri Kunze
Address: Department of Transportation, Driver and Motor Vehicle
Services Division, 355 Capitol St. NE, Rm. 29, Salem, OR 97301
Telephone: (503) 986-3171
Rule
Caption: When Police Officer Unable to
Appear at Hearing/Original Hearing as Used in ORS 813.440(1)(f).
Stat. Auth.: ORS 183.341, 184.616,
184.619, 802.010, 813.410 & 813.440
Stats. Implemented: ORS 813.410 & 813.440
Proposed Adoptions: 735-090-0125
Proposed Amendments: 735-090-0120
Last Date for
Comment: 10-21-09
Summary: ORS 813.440 as amended by Section 1, Chapter 520,
Oregon Laws 2009 (HB 2968) allows a hearing to determine the validity of a
suspension ordered due to implied consent laws to be scheduled outside of the
time requirements of ORS 813.410 due to the inability of the person’s attorney
to appear due to the attorney’s illness, vacation or scheduling conflict
arising from other court or administrative hearing appearances. However this
section does include a provision that the hearing must be rescheduled no later
than 45 days after the date of the original hearing. As there are other reasons
a hearing may be re-scheduled, before or after a hearing is actually held, a
definition of original hearing is needed. DMV proposes to adopt OAR
735-090-0125 to clarify what is considered the original hearing date for
purposes or determining whether a hearing can be re-scheduled due to an
attorney’s illness, vacation or scheduling conflict.
DMV also proposes to amend OAR 735-090-0120
that describes what the process is for rescheduling a hearing to determine the
validity of a suspension under ORS 813.410 when a police officer is unable to
appear at the hearing. The Office of Administrative Hearings (OAH) reschedules
a hearing for an officer’s illness, vacation or official duty conflict. The
proposed changes to OAR 735-090-0120 will clarify what happens whenever a
police officer is unable to attend a hearing due to the officer’s illness,
vacation or official duty conflict.
Text of proposed and recently adopted ODOT
rules can be found at web site http://www.oregon.gov/ODOT/CS/RULES/
Rules Coordinator: Lauri Kunze
Address: Department of Transportation, Driver and Motor Vehicle
Services Division, 355 Capitol St. NE, Rm. 29, Salem, OR 97301
Telephone: (503) 986-3171
Rule
Caption: Advertising signs attached to
transit shelters.
Stat. Auth.: ORS 184.616, 184.619
& 377.729
Stats. Implemented: ORS 377.725
Proposed Amendments: 734-065-0010, 734-065-0015, 734-065-0020,
734-065-0025, 734-065-0035, 734-065-0040, 734-065-0045, 734-065-0050
Proposed Repeals: 734-065-0005, 734-065-0030
Last Date for
Comment: 10-21-09
Summary: General updating of rules, most of which have not been
updated in over 20 years; deleting former fee rule that was
superseded by ORS 377.729 and subsequent fee rule for all outdoor advertising
signs in 734-059-0100.
Text of proposed and recently adopted ODOT
rules can be found at web site http://www.oregon.gov/ODOT/CS/RULES/
Rules Coordinator: Lauri Kunze
Address: Department of Transportation, Highway Division, 355
Capitol St. NE, Rm. 29, Salem, OR 97301
Telephone: (503) 986-3171
Rule
Caption: Permanent Rules amending OAR
chapter 660, division 33, modifying uses on agricultural land.
Date: Time: Location:
11-5-09 9
a.m. Springfield
City Hall
Springfield,
OR
Hearing
Officer: LCDC
Stat.
Auth.: ORS 197.040
Other
Auth.: Statewide Planning Goals 3 and 4
Stats.
Implemented: ORS 215, OL 2009 Ch. 850
Proposed
Amendments: 660-033-0120, 660-033-0130
Last Date
for Comment: 11-5-09
Summary: The proposed permanent rules amend OAR chapter 660, division 33.
The purpose of amending the rules is for consistency with House Bill 3099,
enacted by the 2009 legislature. HB 3099 amended ORS chapter 215 modifying
certain conditional and
outright permitted uses or criteria for such uses, on land zoned for exclusive
farm use, including golf courses, schools, solid waste disposal sites, model
airplay sites, and breeding and kenneling of greyhounds.
Rules
Coordinator: Cassaria Tuttle
Address: Land Conservation and Development Department, 635
Capitol St. NE, Suite 150, Salem, OR 97301
Telephone: (503) 373-0050
Rule
Caption: Amend the Territorial Sea
Plan for Use of Territorial Sea for Renewable Energy Development.
Date: Time: Location:
10-23-09 8
a.m. Florence
Events Center
715
Quince St.
Florence,
OR
11-5-09 8
a.m. Springfield
City Hall
225
Fifth St.
Springfield,
OR
Hearing
Officer: Paul Klarin,
LCDC
Stat.
Auth.: ORS 196.471 & 197.040
Other
Auth.: Statewide Land Use Planning Goal
19 Ocean Resources, (OAR 660-015-0010(4))
Stats.
Implemented: ORS 196.405–196.435 &
ORS 196.471–
196.485
Proposed
Adoptions: 660-036-0005
Last Date
for Comment: 11-5-09
Summary: The proposed rule will adopt by reference amendments to the
Territorial Sea Plan authorized by ORS 196.443. ORS 196.471 requires the Land
Conservation and Development Commission to review such amendments to the
Territorial Sea Plan and, upon making of findings, adopt the amendments as port
of the Oregon Coastal Management Program.
Rules
Coordinator: Cassaria Tuttle
Address: Land Conservation and Development Department, 635 Capitol
St. NE, Suite 150, Salem, OR 97301-2540
Telephone: (503) 373-0050
Rule
Caption: Define multiple choice exam
application procedure; explain Emeritus registration procedure; update document sealing process.
Stat. Auth.: ORS 671.310, 671.325,
671.335, 671.376(4), 671.379, 671.415
Stats. Implemented: ORS 671.325, 671.335, 671.379
Proposed Adoptions: 804-022-0025
Proposed Amendments: 804-020-0003, 804-030-0000
Last Date for
Comment: 10-30-09, Close of Business
Summary: OAR 804-020-0003 outlines the procedure for applying
with the Oregon Board for the national LARE multiple choice test. Applicants for this exam must be pre-approved by the Oregon Board before
they can acquire access to the test so this evaluation process allows for
qualifications to be confirmed.
OAR 804-022-0025 outlines the application
procedures for the inactive Emeritus status. Eligibility requirements are
outlined as well as the procedure for maintaining an inactive Emeritus status.
OAR 804-030-0000 describes the seal that
each registrant is required to obtain. Language is being added to clarify when
the seal is required and what must accompany the seal when it is affixed.
Rules Coordinator: Susanna Knight
Address: 707 13th Street SE, Suite 261, Salem, OR 97301
Telephone: (503) 589-0093
Rule
Caption: These rules cover the
operation of the Oregon Credit Enhancement Fund.
Stat. Auth.: ORS 285A.075 &
285A.213
Stats. Implemented: ORS 285A.213
Proposed Amendments: 123-021-0010, 123-021-0015, 123-021-0020,
123-021-0040, 123-021-0050, 123-021-0060, 123-021-0070, 123-021-0080,
123-021-0090, 123-021-0100, 123-021-0110, 123-021-0120, 123-021-0130, 123-021-0140
Proposed Repeals: 123-021-0030
Last Date for Comment: 10-21-09
Summary: These rules are being revised due to changes brought
by the 2009 Legislative session and reflect the department name change. In
addition these rules have been revised for clarity.
Rules Coordinator: Janelle Lacefield
Address: Oregon Business Development Department, 775 Summer St.
NE, Suite 200, Salem, OR 97301
Telephone: (503) 986-0036
Rule
Caption: These rules have been revised
due to 2009 Legislation.
Stat. Auth.: ORS 285A.075
Stats. Implemented: ORS 285A.654–285A660
Proposed Amendments: 123-025-0010, 123-025-0012, 123-025-0015,
123-025-0017, 123-025-0021, 123-025-0025, 123-025-0030
Last Date for
Comment: 10-21-09
Summary: These rules have been revised to include the new
Infrastructure Finance Authority brought from the 2009 Legislative session
through HB 2152 and revised for clarity.
Rules Coordinator: Janelle Lacefield
Address: Oregon Business Development Department, 775 Summer St.
NE, Suite 200, Salem, OR 97301
Telephone: (503) 986-0036
Rule
Caption: These rules are being updated
to reflect Department name change and the new Infrastructure Finance Authority.
Stat. Auth.: ORS 285A.075
Stats. Implemented: ORS 777.267
Proposed Amendments: 123-027-0040, 123-027-0056, 123-027-0060,
123-027-0070, 123-027-0156, 123-027-0161, 123-027-0166, 123-027-0211
Last Date for
Comment: 10-21-09
Summary: These rules are being revised due to changes brought
by the 2009 Legislative session and reflect the new Infrastructure Finance
Authority within the Department and the department name change. In addition
these rules have been revised for clarity.
Rules Coordinator: Janelle Lacefield
Address: Oregon Business Development Department, 775 Summer St.
NE, Suite 200, Salem, OR 97301
Telephone: (503) 986-0036
Rule
Caption: The rules cover the Port
Revolving Loan Fund.
Stat. Auth.: ORS 285A.075
Stats. Implemented: ORS 285A.669–285A.732
Proposed Amendments: 123-030-0000, 123-030-0004, 123-030-0010,
123-030-0020, 123-030-0030, 123-030-0040, 123-030-0050
Last Date for
Comment: 10-21-09
Summary: These rules have been revised to include the new
Infrastructure Finance Authority brought from the 2009 Legislative session
through HB 2152 and revised for clarity.
Rules Coordinator: Janelle Lacefield
Address: Oregon Business Development Department, 775 Summer St.
NE, Suite 200, Salem, OR 97301
Telephone: (503) 986-0036
Rule
Caption: Modifies student accounting
for purposes of distribution of school funds.
Stat. Auth.: ORS 326.310 &
327.125
Stats. Implemented: ORS 327
Proposed Amendments: 581-023-0006, 581-023-0018
Last Date for
Comment: 10-21-09, 5 p.m.
Summary: The rule changes the requirements for school districts
reporting enrollment, attendance, membership and other information. The rule
also eliminates the enrollment does that apply to students. The codes and other
requirements apply to the distribution of the State School Fund and the Common
School Fund.
Rules Coordinator: Diane Roth
Address: 255 Capitol St NE, Salem, OR 97310
Telephone: (503) 947-5791
Rule
Caption: Modifies rule relating to
administration of prescription and nonprescription medication to students.
Stat. Auth.: ORS 326.051
Stats. Implemented: ORS 339.869
Proposed Amendments: 581-021-0037
Last Date for
Comment: 10-21-09, 5 p.m.
Summary: The rule amendments specify who may provide training
to designated school staff on the administration of
medications to students. The rule also eliminates from the definition of
physician those individual who are licensed in adjoining states.
Rules Coordinator: Diane Roth
Address: 255 Capitol St NE, Salem, OR 97310
Telephone: (503) 947-5791
Rule
Caption: Modifies timeline for when
students must be proficient in essential skills to receive diploma.
Stat. Auth.: ORS 329.451
Stats. Implemented: ORS 329.045, 329.075, 329.451, 329.485 & 338.115
Proposed Amendments: 581-022-0615
Last Date for
Comment: 10-21-09, 5 p.m.
Summary: Students are required to demonstrate proficiency in
certain essential skills to receive a high school diploma. These essential
skills include reading , writing, mathematics and
speaking. Previously the State Board of Education established a timeline for
phasing in this requirement. The rule amendments delay the requirements that a
student demonstrate proficiency in writing and mathematics until a specified
time. The rule amendments delay the requirement that a student demonstrate
proficiency in speaking until an undetermined time.
The rule amendments also allow districts and
schools to modify assessment options for certain students who are seeking
modified diplomas. This was previously allowed by department policy.
Rules Coordinator: Diane Roth
Address: 255 Capitol St NE Salem, OR 97310
Telephone: (503) 947-5791
Rule
Caption: Modifies rules relating to
Long Term Care and Treatment Programs that provide educational services.
Stat. Auth.: ORS 326.051 &
343.961
Stats. Implemented: ORS 343.243 & 343.961
Proposed Adoptions: 581-015-2571, 581-015-2572, 581-015-2573, 581-015-2574
Proposed Amendments: 581-015-2270, 581-015-2570
Last Date for
Comment: 10-21-09, 5 p.m.
Summary: The Department of Education contracts with districts
and programs to provide education to children in Long Term Care and Treatment
(LTCT) programs. The department receives funding from the State School Fund and
from an appropriation from the General Fund for distribution to the districts
and programs. The rule amendments break apart the current rule into five
separate rules and clarify language in the rules. The rules specify program
eligibility and approval, program funding formula, resident district obligations
and requirements for student due process hearings.
Rules Coordinator: Diane Roth
Address: 255 Capitol St NE, Salem, OR 97310
Telephone: (503) 947-5791
Rule
Caption: Requires school districts and
public charter schools to provide literacy instruction to all students.
Stat.
Auth.: ORS 326.051
Stats. Implemented: ORS 329.451
Proposed Adoptions: 581-022-1215
Last Date for
Comment: 10-21-09, 5 p.m.
Summary: The 2009 Legislature enacted HB 2507. The rule
implements this bill be requiring school districts and
public charter schools to provide literacy instruction to all students.
Rules Coordinator: Diane Roth
Address: 255 Capitol St NE, Salem, OR 97310
Telephone: (503) 947-5791
Rule
Caption: Requires school districts to
award extended
diplomas to certain students.
Stat. Auth.: ORS 326.051
Stats. Implemented: ORS 329.451
Proposed Adoptions: 581-022-1133
Last Date for
Comment: 10-21-09, 5 p.m.
Summary: The 2009 legislature enacted HB 2507
which required school districts and public charter schools to award extended
diplomas to certain students. The rule implements this legislation.
Rules Coordinator: Diane Roth
Address: 255 Capitol St. NE, Salem, OR 97310
Telephone: (503) 947-5791
Rule
Caption: Modifies graduation
requirements for certain high school students.
Stat. Auth.: ORS 326.051 &
329.451
Stats. Implemented: ORS 329.451
Proposed Amendments: 581-022-1130
Last Date for
Comment: 10-21-09, 5 p.m.
Summary: On April 1, 2009, Governor Kulongoski signed HB 2061 into law. This law waives the increased graduation credit
requirements passed by the 2005 Legislature and set to go into effect July 1,
2009. These requirements are one additional English credit (for a total of 4)
and one additional mathematics credit (for a total of 3). This waiver applies
to students who began ninth grade during the 2005-2006 school year, attended
school consecutively during the 2006-2007, 2007-2008 and 2008-2009 school years
and who will receive their diploma prior to July 1, 2010.
This law is binding and has immediate
effect. OAR 581-022-1130, which outlines the diploma
implementation timeline, conflicts with this new law.
The rules also implement HB 2507 which was also adopted by the 2009 Legislature.
Rules Coordinator: Diane Roth
Address: 255 Capitol St NE, Salem, OR 97310
Telephone: (503) 947-5791
Rule
Caption: Specifies requirements for
development of Oregon Statewide Assessment for public school students.
Stat. Auth.: ORS 326.051 &
329.075
Stats. Implemented: ORS 329.045, 329.075 & 329.485
Proposed Adoptions: 581-022-0620
Last Date for
Comment: 10-21-09, 5 p.m.
Summary: State law requires the Oregon Department of Education
to develop a statewide assessment system for use by all public school students.
The rule specifies:
• which assessments
are considered to be part of this assessment system
• directs the
department to translate an assessment into other languages
• directs the
department to maintain advisory groups for purposes of assessment development.
Rules Coordinator: Diane Roth
Address: 255 Capitol St NE, Salem, OR 97310
Telephone: (503) 947-5791
Rule Caption: Modifies rule relating to alternative certificates
awarded by school districts and schools to students.
Stat. Auth.: ORS 329.451
Stats. Implemented: ORS 329.451
Proposed Amendments: 581-022-1135
Last Date for Comment: 10-21-09, 5 p.m.
Summary: The 2009 Legislature adopted HB 2507 which modified
requirements relating to alternative certificates that are awarded by school
districts and public charter schools to students. The rule amendments implement
these requirements. These requirements include providing the appropriate
resources at each high school to achieve an alternative certificate and
notifying parents and guardians about the alternative certificate.
Rules Coordinator: Diane Roth
Address: 255 Capitol St NE, Salem, OR 97310
Telephone: (503) 947-5791
Rule
Caption: Modifies rule relating to
modified diploma award by school districts and schools to students.
Stat. Auth.: ORS 329.451
Stats. Implemented: ORS 329.451
Proposed Amendments: 581-022-1134
Last Date for Comment: 10-21-09, 5 p.m.
Summary: The 2009 legislature enacted HB 2507
which changed requirements for a modified diploma awarded by school
districts and public charter schools to students. The rule amendments bring the
rule implement these changes. The changes include:
• requiring consent
of parent or guardian to award modified diploma
• requiring annual
notification to parents or guardian about availability of modified diploma
• requiring that
districts and schools provide access to appropriate resources to achieve a
modified diploma at each high school
• applying requirements of modified diploma to all students who graduate on or after July
1, 2009.
Rules Coordinator: Diane Roth
Address: 255 Capitol St NE, Salem, OR 97310
Telephone: (503) 947-5791
Rule
Caption: Adopts rules providing
guidelines to public officials and lobbyists.
Date: Time: Location:
10-22-09 9
a.m. 3218
Pringle Rd. SE
Suite
220
Salem,
OR 97302
Hearing
Officer: Virginia Lutz
Stat.
Auth.: ORS 244.290
Stats.
Implemented: ORS 244.290, 183.335, 244.255,
244.250, 244.260, 244.310, 244.350, 244.280(3), 244.290(5)(d), 244.020,
244.025, 244.042, 244.100, 244.020(6)(b)(H), 244.020(6)(b)(O), 244.040,
244.047, 244.050
Proposed
Adoptions: 199-001-0007, 199-001-0014,
199-001-0015, 199-005-0003, 199-005-0027, 199-020-0008
Proposed
Amendments: 199-001-0000, 199-001-0005,
199-001-0010, 199-001-0020, 199-001-0035, 199-001-0040, 199-005-0005,
199-005-0010, 199-005-0015, 199-005-0020, 199-005-0025, 199-005-0035, 199-020-0005
Last Date
for Comment: 11-20-09, 5 p.m.
Summary: Adopts rules interpreting 2009 revisions to ORS Chapter 244. The
rules address the following topics: determining the value of items or services
received by public officials; specifying the methods for calculating and
collecting the agency’s funding through rates and charges; specify when a
continuing violation is considered a single violation or a separate and
distinct violation for each day the violation occurs; set criteria for
determining the amount of civil penalties that the Commission may impose;
ensuring accurate reporting of and compliance with gift and honoraria limits;
determining the value of unsolicited tokens or awards; defining terms in the
exceptions for receptions, meals or meetings; payments for travel,
entertainment and other gift exceptions, and determining the source of gifts.
The rules are intended to provide guidelines for compliance through defining
terms and clarifying substantive provisions of government ethics law. Various housekeeping changes including name change and renumbering
of statutes.
Rules
Coordinator: Virginia Lutz
Address: Oregon Government Ethics Commission, 3218 Pringle Rd.
SE, Suite 220, Salem, OR 97302
Telephone: (503) 378-5105
Rule
Caption: Adds fee to licensing renewal
fee for the Electronic Prescription Monitoring Program.
Stat. Auth.: Senate Bill 355
(2009), ORS 677.265
Stats. Implemented: Senate Bill 355 (2009), ORS 677.265
Proposed Amendments: 847-005-0005
Last Date for
Comment: 10-28-09
Summary: The proposed rule change adds a $25/year fee for the
Electronic Prescription Monitoring Program for licensees (physicians, podiatric
physicians and physician assistants) authorized to prescribe or dispense
controlled substances. Licensees with Active, Locum Tenens, Telemonitoring, Teleradiology, Telemedicine and Emeritus status are
included. Licensees with a limited license are not included.
Rules Coordinator: Malar Ratnathicam
Address: Oregon Medical Board, 1500 SW 1st Ave., Suite 620,
Portland, OR 97201
Telephone: (971) 673-2713
Rule
Caption: Nursing Faculty Loan
Repayment Program.
Date: Time: Location:
10-23-09 10
a.m. 1500
Valley River Dr.
Eugene,
OR 97401
Hearing
Officer: Brian Lemos
Stat.
Auth.: SB 701
Other
Auth.: 2009 OL Ch. 815
Stats.
Implemented: 2009 OL Ch. 815
Proposed
Adoptions: Rules in 575-080
Last Date
for Comment: 10-23-09
Summary: Provides loan repayments on behalf of nurse educators at nursing
schools in Oregon who have earned a master’s or doctoral degree from an
accredited nursing education program.
Rules
Coordinator: Beverly R. Boyd
Address: Oregon Student Assistance Commission, 1500 Valley
River Dr., Suite 100, Eugene, OR 97401
Telephone: (541) 687-7394
Rule
Caption: Brings rules into compliance
with 2009 OR Laws Ch. 172 (SB 114).
Date: Time: Location:
10-23-09 10
a.m. 1500
Valley River Dr.
Suite
100
Eugene,
OR
Hearing Officer: Brian Lemos
Stat.
Auth.: 2009 OL Ch. 172
Stats.
Implemented:
Proposed
Amendments: Rules in 583-030
Last Date
for Comment: 10-23-09
Summary: OR Laws Ch. 172 exempts all regionally
accredited nonprofit degree-granting institutions from ODA oversight and
requires ODA to oversee all for-profit degree-granters and all
degree-granters lacking regional accreditation. Rule changes will adjust the
language of OAR to reflect this change in jurisdiction. Rules will be effective
January 1, 2010.
Rules
Coordinator: Beverly R. Boyd
Address: Student Assistance Commission, Office of Degree
Authorization, 1500 Valley River Dr., Suite 100, Eugene, OR 97401
Telephone: (541) 687-7394
Rule
Caption: To establish Tuition and Fees
for the 2009–10 Academic Year, including Room and Board rates.
Date: Time: Location:
11-5-09 10–11
a.m. Room
B214
Kerr
Administration Bldg.
Corvallis,
OR
11-12-09 10–11
a.m. Room
B214
Kerr
Administration Bldg.
Corvallis,
OR
Hearing
Officer: Shonna S. Butler
Stat.
Auth.: ORS 351
Stats.
Implemented: ORS 351
Proposed
Amendments: 580-040-0040
Proposed
Repeals: 580-040-0040(T)
Last Date
for Comment: 11-12-09
Summary: To establish Tuition and Fees for the 2009–10 Academic
Year, including Room and Board rates; upon Board approval, January 2010,
supersedes all previous permanent and temporary academic fee book rules
Rules
Coordinator: Marcia M. Stuart
Address: Oregon University System, PO Box 3175, Eugene, OR
97403-0175
Telephone: (541) 346-5749
Rule
Caption: Transitional care provider
standards offering independent living services for offenders 18 through 24
years old.
Date: Time: Location:
10-21-09 1:30–2:30
p.m. 530 Center
Street NE,
Suite
200
Salem,
OR 97301
Hearing Officer: Winifred Skinner
Stat.
Auth.: ORS 420A.025
Stats.
Implemented: ORS 420.888–420.892
Proposed
Adoptions: 416-530-0200
Last Date
for Comment: 10-22-09, 5 p.m.
Summary: This rule establishes standards for OYA transitional care
providers and their homes that offer specific independent living and
transitional services for youth offenders 18 through 24 years of age. Unless
otherwise specified in this rule, the provisions of OAR 416-530-0000 through
416-530-0090 and OAR 416, division 800, apply to transitional care provider
applicants, transitional care providers and transitional care homes.
Rules
Coordinator: Winifred Skinner
Address: 530 Center Street NE, Suite 200, Salem, OR 97301-3765
Telephone: (503) 373-7570
Rule
Caption: OYA offender medication
management general standards.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 418.517, 420A.010, 420A.014 & 420.054
Proposed Amendments: 416-340-0020
Last Date for
Comment: 10-21-09, Close of Business
Summary: The rule modification clarifies when an offender
may sign exemption from immunization forms, and deletes a misinterpretation of
a specific ORS.
Rules Coordinator: Winifred Skinner
Address: 530 Center Street NE, Suite 200, Salem, OR 97301-3765
Telephone: (503) 373-7570
Rule
Caption: Rules governing Marine
Reserves designated by State Land Board on portions of the ocean shore and
areas adjacent to state parks.
Date: Time: Location:
10-20-09 1–3
p.m. Dept.
of State Lands
775
Summer St. NE
Salem,
OR 97301
10-21-09 7–9
p.m. Port Orford Public Library
1421
Oregon St.
Port Orford, OR 97456
10-22-09 7–9
p.m. The
Inn at Otter Crest
301
Otter Crest Dr.
Otter
Rock, OR 97369
Hearing
Officer: Tony Stein
Stat.
Auth.: ORS 390.124, 390.635, 390.660
Other
Auth.: HB 3013 (2009 Leg. Session)
Stats.
Implemented: ORS 390.635, 390.660, 390.725(4),
2009 OL Ch. 847
Proposed
Adoptions: 736-029-0010, 736-029-0020,
736-029-0030, 736-029-0040
Last Date
for Comment: 11-17-09, 5 p.m.
Summary: These rules provide governance and protection to Marine Reserves
as designated by the State Land Board along the Oregon ocean shore and areas
adjacent to state parks protected from all extractive activities, including the
removal or disturbance of living and non-living marine resources, except as
necessary for monitoring or research to evaluate reserve condition,
effectiveness, or impact of stressors. Having Marine Reserves provides an
additional tool to help protect, sustain or restore the nearshore marine ecosystem, its habitats, and species for the values they represent to
present and future generations.
Rules
Coordinator: Joyce Merritt
Address: Parks and Recreation Department, 725 Summer St. NE,
Suite C, Salem, OR 97301
Telephone: (503) 986-0756
Rule Caption: In the Matter of Revisions to the
Residential Service Protection Fund Administrative Rules.
Date: Time: Location:
10-28-09 10
a.m. PUC
Main Hearing Rm.
1st
Floor
550
Capitol St. NE
Salem,
OR 97301
Hearing
Officer: Patrick Power
Stat.
Auth.: ORS 183, 756, 759 & Ch. 290
OL 1987
Stats.
Implemented: ORS 756.040, 759.036 & Ch.
290 OL 1987
Proposed
Adoptions: 860-033-055
Proposed
Amendments: 860-033-0001 – 860-033-0560
Last Date
for Comment: 10-28-09, Close of Hearing
Summary: The rules in Division 033 regarding the Residential Service
Protection Fund programs need to be updated to reflect current practices, to
embrace new technologies, to improve reporting requirements to ensure that the
Commission is reimbursing providers only for eligible customers, and to make
housekeeping, organizational and other clarifying improvements.
The Commission
encourages participants to file written comments as early as practicable in the
proceeding so that other participants have the opportunity to consider and
respond to the comments before the deadline. Please reference Docket No. AR 540
on comments and file them by email to the Commission’s Filing Center at
PUC.FilingCenter@state.or.us and also send a signed hard copy to the Filing
Center at PO Box 2148, Salem, Oregon 97301. To view documents filed, see
http://apps.puc.state.or.us/edockets/docket.asp?
DocketID=15803
Participants wishing to
monitor the hearing by telephone (listen only) must contact Diane Davis at diane.davis@state.or.us or (503) 378-4372 by close of
business October 23, 2009 to request a dial-in number. To present oral comment
at the hearing, participants must attend in person.
Rules
Coordinator: Diane Davis
Address: Public Utility Commission, PO Box 2148, Salem, OR
97308-2148
Telephone: (503) 378-4372
Rule
Caption: In the Matter of Setting
Regulatory Thresholds for Metered Water Systems.
Date: Time: Location:
11-5-09 9:30
a.m. Public
Utility Commission
550
Capitol St. NE
Main
Hearing Rm., 1st Flr.
Salem,
OR 97301
Hearing
Officer: Shani M. Pines
Stat.
Auth.: ORS 757.005 & ORS 757.061
Other
Auth.: SB 623
Stats.
Implemented: ORS 757.005 & 757.061
Proposed
Amendments: 860-036-0010, 860-036-0030
Last Date
for Comment: 11-5-09, Close of Hearing
Summary: This rulemaking is a requirement of SB 623, made into law by the
2009 Legislature. Currently, the Commission has regulatory thresholds for
oversight and regulation of water utilities. The current average annual monthly
threshold rate for residential and small commercial customers is $33. The
current average annual monthly threshold rate for large commercial water
service customers is $110. The current thresholds do not distinguish between
metered and unmetered water utilities. Senate Bill 623 requires that the
Commission determine a higher rate threshold for systems that are metered.
The proposed regulatory
rate threshold is $36 average annual monthly water service rate for metered,
residential customers and small businesses (meter size one inch or smaller) and
$119 average annual monthly water service rate for metered, large commercial
customers (meter size larger than one inch).
The Commission
encourages participants to file written comments as early as practicable in the
proceeding so that other participants have the opportunity to consider and respond
to the comments before the deadline. Please reference Docket No. AR 539 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 hard 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=15774.
Participants wishing to
monitor the hearing by telephone (listen only) must contact Diane Davis at diane.davis@state.or.us or (503) 378-4372 by close of
business November 3, 2009, to request a dial -in number. To present oral
comment at the hearing, participants must attend in person.
Rules
Coordinator: Diane Davis
Address: Public Utility Commission, PO Box 2148, Salem, OR
97308-2148
Telephone: (503) 378-4372
Rule
Caption: Legislation requires rules
affecting real estate brokers and escrow agents; replaces/revises June 15, 2009
Rulemaking Notice.
Date: Time: Location:
11-16-09 10
a.m. Real
Estate Agency
1177
Center St. NE
Salem,
OR
Hearing
Officer: Staff
Stat.
Auth.: ORS 696.385 & Chapters 224,
174 & 324 OL 2009
Stats.
Implemented: ORS 696.022, 696.026, 696.200,
696.241, 696.255, 696.511, 696.527, 696.530, 696.578, SB 140
(Ch. 224 OL 2009), SB 141 (Ch. 174 OL 2009) & HB 2910 (Ch. 324 OL
2009)
Proposed
Adoptions: 863-014-0090, Rules in 863-049
Proposed
Amendments: 863-014-0000, 863-014-0003,
863-014-0005, 863-014-0010, 863-014-0015, 863-014-0030, 863-014-0042,
863-014-0055, 863-014-0063, 863-014-0065, 863-014-0085, 863-014-0095,
863-014-0100, 863-014-0160, 863-015-0000, 863-015-0003, 863-015-0150,
863-015-0186, 863-015-0188, 863-015-0210, 863-015-0250, 863-015-0255,
863-015-0260, 863-015-0275, 863-024-0000, 863-024-0003, 863-024-0015,
863-024-0030, 863-024-0075, 863-024-0085, 863-024-0095, 863-024-0100
Proposed
Repeals: 863-014-0038
Proposed Ren. & Amends: 863-050-0033 to 863-049, 863-050-0035 to 863-049, 863-050-0150 to 863-049, 863-050-0240 to 863-049
Last Date
for Comment: 11-16-09, 5 p.m.
Summary: This Notice replaces and revises the June 15, 2009 Notice of
Rulemaking Hearing on the same subject matter because the collaborative rules
working groups determined additional rules needed to be amended. The new rules
and amendments are in response to 2009 legislation, including SB 140, SB 141
and HB 2910. SB 140 will require an amendment to existing rules relating to
depositing client funds with a licensed escrow agent. SB 141 requires the
agency to adopt rules for licensing escrow agents and a new chapter 863,
division 049 will be established for this purpose. HB 2910 requires amendments
to a significant number of rules to eliminate sole practitioners as a type of
broker. HB 2910 will require a new rule (863-014-0090) that allows a broker
with three years of active experience to supervise other brokers for a sole
principal real estate broker for a period not to exceed 90 days.
Rules Coordinator: Laurie Skillman
Address: Real Estate Agency, 1177 Center St. NE, Salem, OR
97301
Telephone: (503) 378-4630
Rule
Caption: Adopts, amends, and repeals
rules regarding new licenses, CTEs, RTTLs, Substitutes, Administrators, and Restricted
Counselors.
Date: Time: Location:
10-23-09 1–3
p.m. TSPC
Office
465
Commercial St. NE
Salem,
OR 97301
Hearing
Officer: Victoria Chamberlain
Stat.
Auth.: ORS 342
Stats.
Implemented: ORS 342.120–342.430, 342.985
Proposed
Adoptions: 584-060-0220, 584-065-0035
Proposed
Amendments: 584-010-0020, 584-017-0200,
584-017-0201, 584-036-0055, 584-038-0300, 584-042-0002, 584-050-0006,
584-050-0030, 584-050-0035, 584-052-0015, 584-060-0012, 584-060-0013,
584-060-0071, 584-060-0162, 584-060-0181, 584-070-0112, 584-080-0022, 584-080-0151
Proposed
Repeals: 584-065-0030, 584-065-0040
Last Date
for Comment: 11-5-09, 4 p.m.
Summary: 1. 584-010-0020 & 584-038-0300: Housekeeping amendments.
2. 584-017-0201: Only
Oregon candidates who have not completed their program may substitute for one
three-year period.
3. 584-017-0200:
Clarifies that “program completers” must be reported in the year they complete
all program requirements and renames Initial to Initial I.
4. 584-036-0055:
Distinguishes between one-year and three-year RTTL license, clarifies RTTL
renewal.
5. 584-042-0002:
Redesigns the Career & Technical Ed License (CTE) administrative rules.
6. 584-050-0006: Allows
ED to issue a Notice of Right to Hearing when applicant has worked in violation
of proper Licensure.
7. 584-050-0030: Amends
rules to allow Executive Director to issue Notice of Opportunity of Right to
Hearing when educator has worked in violation of proper licensure.
8. 584-050-0035:
Clarifies educator must be licensed at all times while employed in position
requiring licensure.
9. 584-052-0015:
Requires applicants to qualify for a license in the state in which they
complete a program.
10. 584-060-0012 &
584-060-0013: Updates and clarifies requirements for Initial I
& II teaching licenses.
11. 584-060-0071:
Aligns with Division 17. Adds reference to Early Childhood/Early Intervention
endorsement.
12. 584-060-0162:
Clarifies Restricted Transitional Teaching License requirements.
13. 584-060-0181:
Clarifies that everyone must be a program completer except Oregon program graduates who have not completed their licensure
requirements.
14. 584-060-0220:
Creates new license for international visiting teachers that parallels ODE’s requirements.
15. 584-065-0035:
Implements new standards for Special Education that aligns with national
standards.
16. 584-065-0030 &
584-065-0040: Repeals outdated rules.
17. 584-070-0112:
Allows person who is completing an out-of-state online program to qualify if
more than half of program is complete. Allows those with Master’s degree in
counseling-related field to qualify for the license while completing “licensure
only” program.
18. 584-080-0022:
Allows persons working out of state on an Oregon license to qualify for CAL
through same manner as out-of-state administrator program completers.
19. 584-080-0151:
Requires person to hold out-of-state license to qualify for Unrestricted
Transitional Administrator License.
Rules
Coordinator: Victoria Chamberlain
Address: Teacher Standards and Practices Commission, 465
Commercial St. NE, Salem, OR 97301
Telephone: (503) 378-6813
Rule
Caption: Dam safety administration; fees related to dam ownership and to applications for
groundwater registration modifications and limited licenses.
Date: Time: Location:
10-22-09 3–5
p.m. 725
Summer St.
North
Mall Bldg.
1st Flr. Conf. Rm. 124 A
Salem,
OR
10-26-09 5–7
p.m. 2006
Fourth St.
La
Grande Public Library
Community
Rm.
La
Grande, OR
Hearing
Officer: Tom Paul
Stat.
Auth.: ORS 183, 536, 540
Other
Auth.: Ch. 819, 2009 OL
Stats.
Implemented:
Proposed
Adoptions: 690-020-0100, 690-020-0200
Proposed
Amendments: 690-020-0022, 690-020-0025,
690-020-0029, 690-020-0035, 690-340-0030, 690-382-0400
Proposed Ren. & Amends: 690-020-0021 to 690-020-0000, 690-020-0039 to 690-020-0050
Last Date
for Comment: 10-30-09, 5 p.m.
Summary: Provisions in Senate Bill 788 (Chapter 819, 2009 Oregon Laws)
authorize the Oregon Water Resources Department (Department) to charge a dam
owner an annual fee based upon the dam’s hazard rating as determined by the
Department. Another provision of SB 788 revised the upper limit of fees that
the Commission may authorize the Department to charge applicants requesting
modifications of a groundwater registration. This rulemaking concerns the
implementation of these SB 788 provisions. In addition, this rulemaking
proposes a revised schedule of fees the Department will charge for processing
applications for limited licenses.
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 14, 2008.
2.) Copyright 2009 Oregon Secretary of State: Terms and Conditions of Use
Alphabetical Index of Agencies (2009 OAR Compilation)
Numerical Index of Agencies by OAR Chapter (2009 OAR Compilation)
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