text:
The following agencies provide Notice of Proposed Rulemaking to offer interested parties reasonable opportunity to submit data or views on proposed rulemaking activity. To expedite the rulemaking process, many agencies have set the time and place for a hearing in the notice. Copies of rulemaking materials may be obtained from the Rules Coordinator at the address and telephone number indicated.
Public comment may be submitted in writing directly to an agency or presented orally or in writing at the rulemaking hearing. Written comment must be submitted to an agency by 5:00 p.m. on the Last Day for Comment listed, unless a different time of day is specified. Written and oral comments may be submitted at the appropriate time during a rulemaking hearing as outlined in OAR 137-001-0030.
Agencies providing notice request public comment on whether other options should be considered for achieving a proposed administrative rule's substantive goals while reducing negative economic impact of the rule on business.
In Notices of Proposed Rulemaking where no hearing has been set, a hearing may be requested by 10 or more people or by an association with 10 or more members. Agencies must receive requests for a public rulemaking hearing in writing within 21 days following notice publication in the Oregon Bulletin or 28 days from the date notice was sent to people on the agency mailing list, whichever is later. If sufficient hearing requests are received by an agency, notice of the date and time of the rulemaking hearing must be published in the Oregon Bulletin at least 14 days before the hearing.
*Auxiliary aids for persons with disabilities are available upon advance request. Contact the agency Rules Coordinator listed in the notice information.
Board of Chiropractic Examiners
Chapter 811
Rule Caption: Allows for acceptance of chiropractic graduates of foreign chiropractic
colleges meeting recognized accreditation standards.
Date: Time: Location:
10-6-11 2
p.m. OBCE
Pringle Rd. SE, #150
Officer: Dave
Auth.: ORS 684
Implemented: ORS
684.040, 684.050, & 684.155(5)
Amendments: 811-020-0006, 811-020-0011, 811-021-0005
Last Date
for Comment: 10-6-11, 2
Summary: Allows for acceptance of
chiropractic graduates of foreign chiropractic colleges meeting recognized
accreditation standards.
Coordinator: Donna
Address: Board of Chiropractic Examiners, 3218 Pringle Rd.
SE, Suite 150, Salem, OR 97302
Telephone: (503) 378-5816, ext. 24
Board of Nursing
Chapter 851
Rule Caption: Rules to clarify nurse prescriber authority related to off label,
compounded, and grandfathered drugs.
Date: Time: Location:
9-22-11 9
a.m. 17938
SW Upper Boones Ferry Rd.
Officer: Pat
Markesino, Board President
Auth.: ORS
678.385 & 678.390
Implemented: ORS
678.370, 678.372, 678.375, 678.380 & 678.390
Amendments: 851-056-0000, 851-056-0010, 851-056-0012, 851-056-0016
Last Date
for Comment: 9-20-11, 5
Summary: These rules cover the authority
of the Clinical Nurse Specialist and Nurse Practitioner to prescribe and
dispense drugs. These rule amendments clarify their ability to prescribe off
label, compounded, and grandfathered drugs.
Coordinator: Peggy A.
Address: Board of Nursing, 17938 SW Upper Bones Ferry Rd.,
Portland, OR 97224
Telephone: (971) 673-0638
Rule Caption: Rule corrections: one incorrect word which is opposite of its intended
meaning; one typographical error.
Auth.: ORS
678.440 & 678.444
Implemented: ORS
678.440 & 678.444
Amendments: 851-063-0030
Summary: Under OAR 851-063-0030,
Authorized Duties and Standards for Certified Nursing Assistants, (1)(c)(A)(vi)
Preventing hydration should read: Preventing dehydration. In addition, OAR
851-063-0030(1)(a)(B)(vi) Providing catheter care including the application of
an removal of external urinary catheters should read: Providing care including
the application and removal of external urinary catheters.
Telephone: (971) 673-0638
Board of Psychologist Examiners
Chapter 858
Rule Caption: Changes educational and residency requirements for licensure; adds
applied psychologist licensure track; corrections and updates.
Stat. Auth.: ORS
Stats. Implemented: ORS 675.030 & 675.110
Proposed Adoptions: 858-010-0011, 858-010-0012, 858-010-0013
Proposed Amendments: 858-010-0001, 858-010-0002, 858-010-0010, 858-010-0015, 858-010-0016,
858-010-0017, 858-010-0020, 858-010-0025, 858-010-0036, 858-010-0037,
858-010-0038, 858-010-0039
Last Date for Comment: 9-22-11, Close of Business
Summary: Defines additional terms for Chapter 858, Division 10. Modifies the educational
requirements for clinical psychologist licensure to align with current
practices. This includes changes to required coursework, in-residence requirements
at the educational institution, organized practicum and internship
requirements. Creates a new licensure track for "applied psychologists" and
lays out the educational requirements. Adds clarification to the standard and
non-standard application procedures. Requires the reviewer of an application
for licensure to send a letter to the applicant stating the reason the
application is incomplete. Modifies the guidelines for supervised work
experience. This includes a change to the definition of psychological work
(services), a change to require that a licensed psychologist facilitate group
supervision, and requirement that the supervisor provide both an interim and a
final resident evaluation report. Also includes various minor housekeeping
Rules Coordinator: Debra Orman McHugh
Address: Board of Psychologist Examiners, 3218 Pringle Rd.
SE, Suite 130, Salem, OR 97302
Telephone: (503) 373-1155
Construction Contractors Board
Chapter 812
Rule Caption: Housekeeping – Correct Statutory Cite References.
9-27-11 11
a.m. West
Salem Roth's IGA
Wallace Rd. NW
Officer: Rob
Auth.: ORS
183.310 to 183.500, 670.310, 701.235. 701.515, 701.992 & 701.995
Implemented: ORS 87.093,
701.010, 701.021, 701.026, 701.042, 701.046, 701.073, 701.091, 701.098,
701.106, 701.109, 701.131, 701.227, 701.238, 701.305, 701.315, 701.330,
701.345, 701.480, 701.485, 701.510, 701.515, 701.992 & 701.995
Amendments: 812-002-0060, 812-002-0160, 812-002-0280, 812-002-0760, 812-002-0780,
Last Date
for Comment: 9-27-11,
Close of Hearing
Summary: 812-002-0060, 812-002-0160,
812-002-0280, 812-002-0760, 812-002-0780, 812-005-0800 are amended to correct
or add statutory reference of ORS 701.021 (operative 7/1/2010).
Coordinator: Catherine
Address: Construction Contractors Board, 700 Summer St. NE,
Suite 300, Salem, OR 97310
Telephone: (503) 934-2185
Rule Caption: Lead-Based Paint Rule Updated to Conform to Oregon Health Authority
9-27-11 11
a.m. West
Salem Roth's IGA
Wallace Rd. NW
Auth.: ORS
670.310, 701.235 & 701.515
Implemented: ORS
701.505-701.5120, 701.510 & 701.515
Amendments: 812-007-0000, 812-007-0020, 812-007-0100, 812-007-0110, 812-007-0130,
812-007-0150, 812-007-0200, 812-007-0210, 812-007-0230, 812-007-0250,
812-007-0300, 812-007-0350, 812-007-0370, 812-007-0372, 812-007-0374
Summary: • 812-007-0000 is amended to
revise the Oregon Department of Human Services, Health Division, name which has
changed to the Oregon Health Authority. These rules use the acronym "OHA"
instead of the term "Authority" which is used in the OHA rules. The reason is
that the term "authority" is already used in both OHA and CCB rules and, we
believe, it would be confusing to use that term to refer to another agency.
• 812-007-0020 is
amended to replace "Department" with "OHA"; revise language re: accredited
training program to be consistent with language in recently revised OHA rule;
make grammatical corrections (number format); remove definition for "lead-based
paint (LBP) hazard" because it is not used in the CCB rules; change heat gun
temperature to correspond to changed OHA work practice standards. See OAR
333-070-0090(6)(c). This higher temperature is permitted by federal law.
• 812-007-0100,
812-007-0110, 812-007-0130, 812-007-0200, 812-007-0210, 812-007-0230 are
amended to replace the word "Department" with the word "OHA.
• 812-007-0150 is
amended to replace the word "Department" with the word "OHA" and change
reference to statutes for contested case hearings to reflect statutes that have
been repealed.
• 812-007-0250
and 812-007-0350 are amended to replace the word "Department" with the word "OHA"
and change reference to statutes for contested case hearings to reflect
statutes that have been repealed.
• 812-007-0300 is
amended to remove date that has passed.
• 812-007-0370 is
amended to replace the word "person" with the word "individual" as used in OHA
rule, OAR 333-070-0095(1)(b)(B)(iii).
• 812-007-0372 is
amended to add language contained in OHA notification requirements, common
areas, OAR 333-070-0095(2)(b)(B).
• 812-007-0374 is
amended to add language contained in OHA notification requirements,
child-occupied facilities, OAR 333-070-0095(4)(c)(B).
Rule Caption: Residential Continuing Education (RCE) exemptions, and CCB CORE class
requirements, and housekeeping.
Auth.: ORS
670.310, 701.126 & 701.235
Implemented: ORS
Adoptions: 812-021-0021
Amendments: 812-021-0015, 812-021-0025, 812-021-0028, 812-021-0031, 812-021-0035
Repeals: 812-021-0015(T), 812-021-0021(T), 812-021-0028(T)
Summary: • 812-021-0015 is amended. The
CCB board determined that mandatory core requirements should be limited to (1)
BEST, (2) building codes and (3) laws, regulations and business practices.
Education on "green" or sustainable building practices should be treated as
elective education. However, since some contractors have already completed the
requirement in advance of renewing their licenses or obligated themselves to
take such education, the board will continue to credit the education towards
the mandatory core requirement provided that it is completed on or before
September 30, 2011.
This permanent
rule also incorporates a (slightly modified) temporary rule, adopted July 1,
2011, to allow for building code courses that were approved by the Building
Codes Division or the International Codes Council to qualify for the mandatory
building code requirement, if completed by July 1, 2012. Thereafter, only
CCB-approved courses will qualify.
The rule also
clarifies when contractor renews between October 1, 2011, and October 1, 2013,
it may use core education obtained before the previous license period
(10/1/2009 – 10/1/2011) provided that the education was obtained no
earlier than July 1, 2009.
812-021-0021 is adopted to incorporate a (slightly modified) temporary rule
adopted July 1, 2011, that exempts from BEST and building codes those
contractors that are licensed plumbing or electrical contractors and exempts
those contractors that have an owner or officer licensed as an architect or a
professional engineer, regardless of whether the architect or engineer is
acting within the scope of their license. (Those individuals are already exempt
from ORS chapter 701 under ORS 701.010(8)(a) and (8)(b)). In addition, the
amendment exempts from residential continuing education BEST and building codes
for those contractors that do not "touch" a residential structure that is a "dwelling"
or "outbuilding." The rule amendment defines the terms "dwelling" and "outbuilding."
The rule amendment lists examples of contractors that are exempt, and those
that are not. The rule amendment requires that contractors exempt from
mandatory BEST and building code hours must complete an equivalent number of
elective hours.
• 812-021-0025 is
amended because the agency will no longer approve providers to offer education
on "green" or sustainable building practices for mandatory core continuing
education. However, the rule extends the use of such courses, if offered by an
approved provider, so long as the course is completed on or before September
30, 2011.
• 812-021-0028 is
amended because the agency will no longer approve providers to offer education
on "green" or sustainable building practices for mandatory core continuing
education. However, the rule extends the use of such courses, if offered by an
approved provider, so long as the course is completed on or before September
30, 2011.
• 812-021-0031 is
amended because the agency will no longer approve providers to offer education
on "green" or sustainable building practices for mandatory core continuing
education. However, the rule extends the use of such courses, if offered by an
approved provider, so long as the course is completed on or before September
30, 2011.
• 812-021-0035 is
a housekeeping amendment; to make section (3) the same as section (2).
Rule Caption: Amend and Adopt rules to implement SB 939, Dispute Resolution Services
Change to Mediation Only Process.
Auth.: ORS
183.310 to 813.500, 670.310, 701.145, 701.150, 701.235 & 1999 OL Ch. 849,
Sec. 8
Auth.: OL 2011
Ch. 630 (SB 939)
Stats. Implemented: ORS 36.600–36.740, ch. 183,
183.413 to 183.470, 701, 701.081, 701.084, 701.088, 701.102, 701.131, 701.133,
701.139, 701.140, 701.143, 701.145, 701.146, 701.148, 701.150 & OL 2011 Ch.
Adoptions: 812-004-1001, 812-004-1110, 812-004-1120, 812-004-1140, 812-004-1160,
812-004-1180, 812-004-1195, 812-004-1210, 812-004-1240, 812-004-1250,
812-004-1260, 812-004-1300, 812-004-1320, 812-004-1340, 812-004-1350,
812-004-1360, 812-004-1400, 812-004-1420, 812-004-1440, 812-004-1450, 812-004-1460,
812-004-1480, 812-004-1490, 812-004-1500, 812-004-1505, 812-004-1510,
812-004-1520, 812-004-1530, 812-004-1537, 812-004-1600
Amendments: 812-004-0001, 812-004-0110, 812-004-0120, 812-004-0140, 812-004-0300,
812-004-0320, 812-004-0340, 812-004-0600, 812-009-0010, 812-010-0020
Repeals: 812-004-0001(T), 812-004-1001(T), 812-004-1110(T), 812-004-1120(T),
Summary: • 812-004-0001, 812-009-0010, and
812-010-0020 are amended to implement Ch. 630 OR Laws 2011 (SB 939). They
identify the existing rules as applicable to complaints filed before July 1,
• 812-004-0110 is
amended to reflect the current poverty guidelines.
• 812-004-0120 is
amended to correct citation for definition of term "licensee". The definition
is now at OAR 812-004-0450.
• 812-004-0140 is
amended to correct citation for exemption for owner's property. The exemption
is now at ORS 701.010(7).
• 812-004-0300 is
amended to correct statutory reference of ORS 701.139 (2010 legislation).
• 812-004-0320 is
amended to correct statutory reference of ORS 701.021 (operative 7/1/2010).
• 812-004-0340 is
amended for clarity and consistency with new rules.
• 812-004-0600 is
amended to remove reference to section (5) which is repealed, to make subsequent
bond responsible for the complaint if the initial bond was cancelled more than
14 months before the agency received the complaint. This is consistent with the
requirements of ORS 701.150(3), which is retained by Ch. 630 OR Laws 2011 (SB
939). And, is amended to delete section that apportions multiple surety bonds.
These were bond that were used by persons of whom the agency required an
increased bond. For example, if the agency required a $75,000 bigger bond, some
contractors obtained four $20,000 bonds. The law no longer permits this
practice. Therefore, the rule is unnecessary and is repealed.
• 812-004-1001,
812-004-1110, 812-004-1120, 812-004-1140, 812-004-1160, 812-004-1180,
812-004-1195, 812-004-1210, 812-004-1240, 812-004-1250, 812-004-1260, 812-004-1300,
812-004-1320, 812-004-1340, 812-004-1350, 812-004-1360, 812-004-1400,
812-004-1420, 812-004-1440, 812-004-1450, 812-004-1460, 812-004-01480,
812-004-1490, 812-004-1500, 812-004-1505, 812-004-1510, 812-004-1520,
812-004-1530, 812-004-1537, 812-004-1600 are adopted to implement Ch. 630 OR
Laws 2011 (SB 939).
Telephone: (503) 934-2185
Department of Agriculture
Chapter 603
Rule Caption: Renames Directly Supervised Trainee license and allows for multiple year
renewal with educational component.
9-29-11 9
a.m. 635
Capitol St. NE
Officer: James
Auth.: ORS 634
Stats. Implemented: ORS 634
Amendments: 603-057-0001, 603-057-0100, 603-057-0127
Last Date
for Comment: 10-7-11
Summary: The rules rename the Directly
Supervised trainee License to avoid confusion with the Immediately Supervised
trainee License. The Directly Supervised trainee License is renamed the
Pesticide Apprentice License. In addition, the rules expand the ability to
renew the pesticide Apprentice License. Existing administrative rules limit
directly supervised trainees to one lifetime annual renewal. A pesticide
apprentice may maintain a pesticide trainee license indefinitely by attending
educational programs and demonstrating attempts to attain pesticide applicator
certification. The rules restrict pesticide apprentices and immediately
supervised trainees from applying pesticides by helicopter or fixed wing
aircraft. Finally, the supervisor of an immediately supervised trainee or
apprentice must be named in each pesticide application record.
These changes are
intended to allow flexibility for employers to hire, train, and supervise
trainees. Persons who qualify for the Pesticide Apprentice License will be able
to enter the industry at a more gradual pace and will be introduced to concepts
presented in continuing education programs. Persons with limited written
English language skills or test-taking abilities will be allowed to continue
employment under the supervision of a fully licensed applicator. The rules will
clarify several trainee-related topics, ensure documentation of the
supervisor-trainee relationship and reduce confusion over what level of
supervision is required for each type of trainee license.
Coordinator: Sue Gooch
Address: Department of Agriculture, 635 Capitol St. NE,
Salem, OR 97301
Telephone: (503) 986-4583
Rule Caption: Amendment to update CAFO Annual Compliance fees.
Stat. Auth.: ORS
Stats. Implemented: ORS 468B.215 & 561.255
Proposed Amendments: 603-074-0020
Last Date for Comment: 9-30-11
Summary: This rule amendment will allow the department to collect the newly increased
annual fees from CAFOs for the 2011–2012 fiscal year. Their increased
fees will replace General Fund monies that the Legislature removed from the
CAFO program 2011–2013 budget.
Rules Coordinator: Sue Gooch
Telephone: (503) 986-4583
Department of Agriculture,
Oregon Fine Fescue Commission
Chapter 604
Rule Caption: Includes highland Bentgrass to crops assessed by Fine Fescue Commission;
adds a commissioner.
9-19-11 7
a.m. Elmer's
Market St.
Officer: Zach
Auth.: ORS 576
Auth.: ORS
Implemented: ORS 576
Amendments: 604-010-0005, 604-010-0011, 604-010-0015, 604-030-0010, 604-030-0020
Repeals: 604-010-0005(T), 604-010-0011(T), 604-010-0015(T), 604-030-0010(T),
Last Date
for Comment: 9-19-11
Summary: The changes allow the Fine Fescue
Commission to incorporate the assessment of Highland Bentgrass seed (Agrostis
castellana), or any mixture containing at least 50% of Highland Bentgrass seed,
pursuant to the authority in SB 946 (2011) and ORS 576. The assessment rate and
method of paying assessments remains the same as it was under the Highland
Bentgrass Commission, which was dissolved by SB 946 (2011). Further, the Fine
Fescue Commission is adding a producer of Highland Bentgrass seed to the
commission, bringing the total number of commissioners to nine. These
Permanent Rules will replace the Temporary Rules adopted by the Commission June
30, 2011.
Coordinator: Lisa
Address: Department of Agriculture, Oregon Fine Fescue
Commission, PO Box 3366, Salem, OR 97302-0366
Telephone: (503) 364-2944
Department of Consumer and Business Services,
Building Codes Division
Chapter 918
Rule Caption: Establishes specialized electrical inspector training and certifications
as required by House Bill 3462 (2009).
9-21-11 10
a.m. 1535
Edgewater St. NW
Officer: Aeron
Auth.: ORS
455.720, 455.730 & 455.735
Auth.: 2009 OL
Ch. 593
Implemented: ORS
455.720, 455.730 & 455.735
Adoptions: 918-098-1580
Amendments: 918-098-1510, 918-098-1530
Last Date
for Comment: 9-23-11, 5
Summary: HB 3462 (2009) authorized the
Building Codes Division to create a program for training, qualifying and
certifying individuals as specialized building inspectors authorized to perform
inspections and enforce portions of Oregon's specialty codes. These new
inspector certifications will cover limited commercial and other
multidisciplinary inspections that presently are not independently authorized
by the Division's existing inspector certifications. The proposed rule
specifically addresses the specialized electrical inspector training and
Coordinator: Stephanie
Address: Department of Consumer and Business Services,
Building Codes Division, PO Box 14470, Salem, OR 97309
Telephone: (503) 373-7438
Rule Caption: Amends the 2011 Oregon Reach Code.
9-21-11 9:30
a.m. 1535
Edgewater St. NW
Auth.: ORS
183.335, 455.020, 455.210, 455.496 & 455.500
Implemented: ORS
183.335, 455.020, 455.210 & 455.500
Amendments: 918-465-0040, 918-465-0070
Summary: The proposed rules implement a
portion of Senate Bill 79 (2009) requiring the director of the Department of
Consumer and Business Services to adopt a code separate from the state building
code that is a set of optional construction standards designed to increase the
energy efficiency of buildings above the mandatory state building code. The Building
Code Division previously adopted the second public version of the International
Green Construction Code (IGCC) with significant Oregon specific amendments
including provisions from the 2012 International Energy Conservation Code and
ASHRAE 90.1, as the commercial provisions of the Oregon Reach Code (ORC). The
proposed rule amends the Oregon Reach Code to include residential provisions.
The residential provisions are largely based off the 2011 Oregon Residential
Specialty Code with amendments to provide options for selective measures and
also a modeling path.
The proposed
rules also amend the Oregon Reach Code to
establish standards and allow builders to install vegetative roofs on
commercial Reach Code buildings. In addition, the proposed rule contains
amendments to the minimum boiler efficiencies table, reducing the required
efficiencies for gas fueled hot water boilers.
Rule Caption: Adopts minimum safety standards for recreational vehicles and
non-substantive changes to recreational parks and campgrounds.
9-19-11 9:30
a.m. 1535
Edgewater St. NW
Officer: Richard J.
Auth.: ORS
183.325–183.410, 446.003, 446.160, 446.185, 446.285, 455.020, 455.110,
455.170, 455.210, 455.680 & 455.690
Implemented: ORS
183.335, 446.003, 446.160, 446.185 & 445.680
Adoptions: Rules in
918-525, 918-530, 918-650
Amendments: Rules in
918-525, 918-530, 918-650
Repeals: Rules in
918-252, 918-530, 918-650
Summary: These proposed rules adopt the
most current editions of nationally recognized standards for the construction,
conversion, alteration, and repair of recreational vehicles and recreational
park trailers with Oregon amendments. Additionally, the proposed rules include
some non-technical housekeeping changes to the recreation park and
organizational camp administrative rules that provide clarity and consistency
among the Division's rules.
Rule Caption: Amends accessibility provisions in the 2010 Oregon Structural Specialty
9-19-11 10
a.m. 1535
Edgewater St. NW
Officer: Steve
Auth.: ORS
455.030, 455.110 & 455.112
Auth.: 2010 ADA
Standards for Accessible Design, issued by the U.S. Dept.of Justice
Implemented: ORS
455.110 & 455.112
Amendments: 918-460-0015
Summary: The proposed rule adopts proposed
amendments to the accessibility provisions in the 2010 Oregon Structural
Specialty Code (OSSC). The changes are based upon revised final regulations to
Title II and Title III of the Americans with Disabilities Act published by the
U.S. Department of Justice, and existing Oregon laws. The changes are primarily
in OSSC Chapter 11 which contains the accessibility provisions, however the
amendments also affect OSSC Chapters 9, 10, and 34.
Rule Caption: Amends 2010 Oregon Structural Specialty Code regarding alternate braced
wall panels.
Stat. Auth.: ORS
455.020 & 455.110
Stats. Implemented: ORS 455.110 & 455.112
Proposed Amendments: 918-460-0015
Last Date for Comment: 9-23-11, 5 p.m.
Summary: This rule amends 2010 Oregon Structural Specialty Code, Section 2308.9.3.2
alternate braced wall panel adjacent to door or window opening. This rule
removes the requirement for a 4,200 pound tie-down and adjusts the panel size
to compensate for this change.
Rules Coordinator: Stephanie Snyder
Telephone: (503) 373-7438
Department of Consumer and Business Services,
Director's Office
Chapter 440
Rule Caption: 2012 Workers' Compensation Premium Assessment Rates.
10-11-11 2
p.m.* Labor
& Industries Bldg.
Winter St. NE
Rm. 260
Officer: Fred
Auth.: ORS
705.135, 656.726 & 656.612
Stats. Implemented: ORS 656.612 & 656.614
Amendments: 440-045-0020, 440-045-0025
Last Date
for Comment: 10-13-11,
5 p.m.
Summary: *NOTE: The hearing will begin at
2 p.m. and end no later than 5 p.m. or when all present who wish to testify
have done so.
The director
adopts by rule the workers' compensation premium assessment rate that is paid
by all employers based on their workers' compensation premium and is collected
by the insurer at the time the employer pays the premium. This assessment is
used to fund workers' compensation related programs and workplace safety and
health programs that serve Oregon employers and workers. In addition, the rule
adopts the rate for an assessment percentage amount that is collected from all
self-insured employers as well as all self-insured employer groups to fund the
Self-Insured Employers Adjustment Reserve and the Self-Insured Employer Group
Adjustment Reserve. These reserves are established to assure benefits are
available in the event of a financial failure of a self-insured employer or
self-insured employer group. This rulemaking will adopt the assessment
percentage that will be in effect from January 1, 2012 to December 31, 2012.
Before recommending the 2012 premium assessment rate, the department must
analyze financial data, review the data, and authorize or disapprove a proposed
workers' compensation pure premium insurance rate filing filed by the National
Council on Compensation Insurance. We expect the pure premium insurance rate
for workers' compensation and the proposed rate for the 2012 premium assessment
to be announced between September 27 and October 4, 2012.
Text of the
proposed rule as well as the other rulemaking documents can be found
Address questions
to: Win Lombardi, Rules Coordinator; phone 503-947-7866; fax 503-378-6444; or
e-mail email@example.com
Coordinator: Win
Address: Department of Consumer and Business Services,
Director's Office, PO Box 14480, Salem, OR 97309-0405
Telephone: (503) 947-7866
Department of Consumer and Business Services,
Division of Finance and Corporate Securities
Chapter 441
Rule Caption: Repeal banking rule governing charging off real estate assets.
Stat. Auth.: ORS
Other Auth.: 2011 OL Ch. 478, Sec. 1 (Enrolled HB 2614)
Stats. Implemented: ORS 708A.175, 708A.195 & 708A.590
Proposed Repeals: 441-505-1135
Last Date for Comment: 9-26-11, 5 p.m.
Summary: In 2010, the Department of Consumer and Business Services, Division of Finance and
Corporate Securities, conducted a rulemaking to clarify that the initial
minimum charge-off of real estate that an Oregon-chartered bank owns or holds
pursuant to ORS 708A.175(3) and (4) must occur within 12 months of the vesting
of the property, rather than within the same calendar year as the date of
vesting (FCS 11-2010). The 2011 Legislature amended ORS 708A.590 (Enrolled
house Bill 2614) to eliminate the requirement for a minimum 5% annual
charge-off of such real estate by Oregon-chartered banks. This rulemaking
repeals OAR 441-505-1135, which governed the charging off of such real estate
assets, to comply with Enrolled House Bill 2614.
Rules Coordinator: Shelley Greiner
Address: Department of Consumer and Business Services,
Finance and Corporate Securities, 350 Winter St. NE, Rm. 410, Salem, OR 97301
Telephone: (503) 947-7484
Rule Caption: Amends fees for mortgage banker, mortgage broker and mortgage loan
originator licenses.
Stat. Auth.: ORS
Other Auth.: 2011 OL Ch. 618, Sec. 1 (Enrolled HB 5014)
Stats. Implemented: ORS 86A.106, 86A.109, 86A.206 & 86A.218
Proposed Amendments: 441-860-0101, 441-880-0400
Summary: In 2009, the Director of the Department of Consumer and Business Services
adopted fees for licensing mortgage bankers, mortgage brokers and mortgage loan
originators (see FCS 12-2009). Under ORS 291.050 et seq., all fees adopted by
state agencies are automatically rescinded after the next regular legislative
session unless adopted by the Legislature through enabling legislation. During
the 2011 regular legislative session, the Legislature adopted reduced licensing
fees for mortgage bankers, mortgage brokers and mortgage loan originators in
enabling legislation (2011 House Bill 5014). This rulemaking reflects the fees
reductions as approved by the Legislature.
Rule Caption: Amend fees for master trustees and certified providers.
Stat. Auth.: ORS
97.926, 97.933 & 97.935
Other Auth.: 2011 OL Ch. 618, § 1 (Enrolled HB 5014)
Stats. Implemented: ORS 97.933 & 97.935
Proposed Amendments: 441-930-0270
Summary: In 2010, the Department of Consumer and Business Services, Division of Finance
and Corporate Securities, conducted a rulemaking to revise administrative rules
related to the regulation of master trustees and certified providers. As part
of that rulemaking, the department adopted increased fees for both regulated
entities. (FCS 14-2010). Under ORS 291.050 et seq., all fees adopted by state
agencies are automatically rescinded after the next regular legislative session
unless they are adopted by the Legislature. The 2011 Legislature reduced the
increased fees for master trustees and certified providers (House Bill 5014).
This rulemaking adopts the fees set by the Legislature.
Telephone: (503) 947-7484
Department of Consumer and Business Services,
Insurance Division
Chapter 836
Rule Caption: Require risk based capital trend test by property and casualty insurers.
9-27-11 1:30
p.m.* Conference
Rm. E,
& Industries Bldg.
Winter St. NE
Officer: Jeannette
Auth.: ORS
Auth.: ORS
731.554 & 733.210
Implemented: ORS
731.554 & 731.574
Amendments: 836-011-0300, 836-011-0305, 836-011-0310, 836-011-0320, 836-011-0380,
Last Date
for Comment: 10-4-11
Summary: *NOTE: The hearing will begin at
1:30 p.m. and end when all present who wish to testify have done so.
This rule will
provide the Insurance Division with an additional tool to determine whether a
property and casualty insurer falls within a RBC company action level. Current
rules define a company action level as an RBC ratio of 200 percent. This rule
would require the Division to take action if a company's RBC falls between 200
and 300 percent and its combined ratio is above 120 percent.
The rules are also
amended to correct and update internal references.
Coordinator: Sue Munson
Address: Department of Consumer and Business Services,
Insurance Division, 350 Winter St. NE, Rm. 440, Salem, OR 97301
Telephone: (503) 947-7272
Rule Caption: Allows 2001 CSO Preferred Mortality Tables to be used for certain
9-28-11 1:30
p.m.* Conference
Rm. F
& Industries Bldg.
Winter St. NE
Auth.: ORS
731.244 & 733.306
Implemented: ORS
Amendments: 836-031-0810, 836-031-0815
Last Date
for Comment: 10-5-11
The amendments to
these rules reflect changes to the National Association of Insurance
Commissioners (NAIC) Model Regulation #815. The rules generally specify which
mortality table is recognized for use in determining minimum reserve
liabilities. Adoption of these amendments to the rules would allow a company to
substitute the 2001 CSO Preferred Mortality Tables in place of the 2001 CSO
Smoker or Nonsmoker Mortality Tables for policies issued prior to January 1,
2007. The conditions for use of the preferred tables are also set out in the
rules and the use does require the consent of the director of the Department of
Consumer and Business Services.
These changes are
necessary to maintain Oregon's accreditation.
Rule Caption: Clarifies applicability of limitation on premium rate increases for
Medical Supplement policies or certificates.
9-28-11 9:30
a.m.* Conference
Rm. F,
& Industries Bldg.
Winter St. NE
Auth.: ORS
731.244, 743.010, 743.683 & 743.684
Auth.: ORS
Stats. Implemented: ORS 743.010, 743.683 &
Amendments: 836-052-0114, 836-052-0145, 836-052-0151
Summary: *NOTE: The hearing will begin at
9:30 a.m. and end when all present who wish to testify have done so.
Amends rules to
clarify that limit on premium increases for Medicare Supplement insurance
policies to once in a 12-month period does not apply to changes in policy or
payment terms initiated by the insured. Specifies that limitation applies to
all existing 1990 Standardized Medicare Supplement benefit plans and all 2010
Standardized Medicare supplement benefit plans policies or certificates renewed
on or after January 1, 2012. The changes to the Exhibits to OAR 836-052-0160
effective on February 17, 2011 apply to all Medicare Supplement policies or
certificates issued on or after July 1, 2011. The limitation on premium
increases effective on February 17, 2011 applies to all new Medicare Supplement
policies or certificates issued on or after July 1, 2011.
Rules Coordinator: Sue Munson
Rule Caption: Adoption of Oregon Companion Guide for Health Care Claims; Professional,
Dental and Institutional (837).
9-26-11 1:30
p.m.* Conference
Rm. F
& Industries Bldg.
Winter St. NE
Auth.: 2011 OL
Ch. 130, Sec. 2 (Enrolled SB 94)
Auth.: ORS
Implemented: 2011 OL
Ch. 130, Sec. 2-5 (Enrolled SB 94)
Amendments: 836-100-0105, 836-100-0110, 836-100-0115
Last Date
for Comment: 10-3-11
This rule will
adopt the uniform standards for administrative simplification of health
insurance developed by the Oregon Health Authority pursuant to the provisions
of Section 2, chapter 130, Oregon Laws 2011 (Enrolled Senate Bill 94). Section
2, chapter 130, Oregon Laws 2011 (Enrolled Senate Bill 94) allows the
Department of Consumer and Business Services to adopt these standards by rule
after receiving recommendations from the Oregon Health Authority.
The second series
of Oregon Companion Guides are related to uniformity of health claims and
encounter transactions. There are three companion guides that make up this
group of uniform standards – "Oregon Companion Guide for the
Implementation of the EDI Transaction: ASC X12/005010X222 Health Care Claim:
Professional (837)," "The Oregon Companion Guide for the Implementation of the
EDI Transaction: ASC X12/005010X223 Health Care Claim: Institutional (837)" and
"The Oregon Companion Guide for the Implementation of the EDI Transaction: ASC
X12/005010X224 Health Care Claim: Dental (837)." The department proposes to
adopt all three in this rulemaking.
These proposed
rules also establish a waiver for plans that are certified by the Council for
Affordable Quality Healthcare's (CAQH) Committee on Operating Rules for
Information Exchange (CORE). This waiver is proposed because the Oregon
Companion Guides have been developed in alignment with CORE and CORE is now
recognized by federal agencies as the national standard, so meeting either the
CORE or the Companion Guide standard will allow for standardization.
Telephone: (503) 947-7272
Department of Consumer and Business Services,
Oregon Occupational Safety and Health Division
Chapter 437
Rule Caption: Proposed changes to confined space rules in general industry and
9-30-11 10
a.m. Fremont
Place, Bldg. I
NW Naito Pky., Suite 112
10-7-11 10
a.m. Oregon
OSHA Field Office
Willagillespie, Suite 42
Officer: Sue Joye
Auth.: ORS
654.025(2) & 656.726(4)
Implemented: ORS
Adoptions: 437-002-0146
Amendments: 437-002-0140, 437-002-0182, 437-002-0256, 437-002-0312, 437-003-0001
Last Date
for Comment: 10-14-11
Summary: Oregon OSHA proposes to adopt new
rule, OAR 437-002-0146 Confined Spaces, that replaces OAR 437-002-1910.146
Permit-Required Confined Spaces. This expands the scope of the new rule to
include the construction industry.
The requirements
of this standard are similar to the requirements of the existing standard, but
is written to clarify employer obligations and eliminate confusing
This rulemaking
will amend Oregon-initiated rules OAR 437-002-0182, 437-002-0256, and
437-002-0312 to update the rule reference to the new Oregon rule 437-002-0146
Confined Spaces. Also, notes will be added to 1910.120 Appendix E, and 1910.269
that currently refer the reader to 1910.146. The new note will announce that
Oregon OSHA repealed 1910.146, and in Oregon 437-002-0146 applies.
Please visit our
website: www.orosha.org
'Rules/Compliance' in the left vertical column and view our proposed, adopted,
and final rules.
Coordinator: Sue C.
Address: Department of Consumer and Business Services, Oregon
Occupational Safety and Health Division, 350 Winter St. NE , Salem, OR
Telephone: (503) 947-7449
Department of Consumer and Business Services,
Workers' Compensation Board
Chapter 438
Rule Caption: Disputed Claim Settlements – implements amendments to ORS
656.313(4)(d) made by SB 173.
10-7-11 9:30
a.m. 2601
25th St. SE, Suite 150
Officer: Debra
Auth.: ORS
Implemented: ORS
656.289(4) & 656.313(4)
Amendments: 438-009-0010
Summary: The Board proposed to amend OAR
438-009-0010 to implement Senate Bill 173 (SB 173) that amends ORS
656.313(4)(d), which concerns reimbursement for medical services from Disputed
Claim Settlements and the ability of a medical service provider or health
insurance provider to recover the balance of amounts owing for such services
directly from the worker.
Pending the
hearing, written comments regarding these rules may be submitted for admission
into record by directing such comments by mail, fax, or by means of
hand-delivery to any permanently staffed Board office. The comments may be
addressed to the attention of Debra L. Young, Rulemaking Hearing Officer,
Workers' Compensation Board, 2601 25th St. SE Suite 150, Salem, OR 97302-1280.
Coordinator: Vicky
Address: Department of Consumer and Business Services,
Workers' Compensation Board, 2601 25th St. SE, Suite 150, Salem, OR 97302-1280
Telephone: (503) 378-3308
Department of Corrections
Chapter 291
Rule Caption: Community Corrections Programs (Financial Records).
Stat. Auth.: ORS
179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 &
Proposed Amendments: 291-031-0025
Last Date for Comment: 10-17-11, Close of Business
Summary: This modification is a housekeeping item and necessary to update the rule since
counties provide financial reports electronically rather than hard copy.
Rules Coordinator: Janet R. Worley
Address: Department of Corrections, 2575 Center St. NE, Salem,
Telephone: (503) 945-0933
Department of Energy
Chapter 330
Rule Caption: Business Energy Tax Credit program rules.
9-21-11 9
a.m. 625
Marion St.
Officer: Staff
Auth.: ORS
469.040, 469.165, 469.185–469.225 & 2011 OL Ch. 693
Implemented: 469.040,
469.165, 469.185–469.225 & 2011 OL Ch. 693
Amendments: 330-090-0110, 330-090-0130, 330-090-0133, 330-090-0140
Repeals: 330-090-0110(T), 330-090-0130(T), 330-090-0133(T), 330-090-0140(T)
Last Date
for Comment: 9-21-11,
Close of Business
Summary: These permanent rule amendments
repeal the existing temporary rule amendments made April 18, 2011, and
implement changes made by House Bill 3606 (2011) to the Business Energy Tax
Credit program. These amendments implement statutory changes that specify that
federal grants received in connection with a facility reduce the final total
cost of a facility, and confirm applicability of these changes. The rules
provide new definitions of "certified cost" and "federal grant".
Coordinator: Kathy
Address: Department of Energy, 625 Marion St. NE, Salem, OR
Telephone: (503) 373-2127
Department of Environmental Quality
Chapter 340
Rule Caption: Adoption of the Eugene-Springfield PM10 Maintenance Plan.
9-26-11 12:15
p.m. LRAPA,
1010 Main St.
Officer: Merlyn
Auth.: ORS
Implemented: ORS
Amendments: 340-200-0040, 340-204-0010, 340-204-0030, 340-204-0040
Last Date
for Comment: 9-26-11,
12:15 p.m.
Summary: The Eugene-Springfield PM10
Nonattainment Area has not exceeded the federal public health standards for
particulate matter ten microns and less (PM10) since 1987. The proposed
rulemaking would officially change the status of this area from a PM10
nonattainment area to a PM10 maintenance area, and adopt a PM10 maintenance
plan that will ensure continued attainment with the standard. In addition, this
rulemaking action will include a request by DEQ to the Environmental Protection
Agency for the Eugene-Springfield area to be redesignated as in attainment with
the standard.
A mandatory
residential wood combustion curtailment program implemented by the Lane
Regional Air Protection Agency (LRAPA) has been the primary mechanism for the
Eugene-Springfield area being able to attain the PM10 health standard. This
program will continue to be implemented without changes under the PM10 maintenance
plan to ensure continued attainment with the standard. Under this plan,
industrial emissions growth will be controlled through existing New Source
Review regulations, which for maintenance areas reduces the stringency and
costs of emission control requirements for new sources, from the Lowest
Achievable Emission Rate (LAER) to the Best Available Control Technology
(BACT). All other requirements on sources will remain the same.
LRAPA will hold a
public hearing on this proposed rulemaking, and if approved by the LRAPA Board
of Directors, DEQ will submit to the Environmental Quality Commission for
approval. The Clean Air Act requires DEQ to submit all rule and plan changes to
the Environmental Protection Agency as a revision to the State Implementation
Plan under OAR 340-200-0040.
For further
information on this proposed rulemaking, please contact Merlyn Hough, Lane
Regional Air Protection Agency, 1010 Main St., Springfield, OR 97477, toll free
at 877-285-7272 or (541) 736-1056.
Public comments
can be sent directly to Robbye Lanier, LRAPA Rules Coordinator, at
firstname.lastname@example.com, or faxed at (541) 726-1205, or visit LRAPA's website at
information can also be found by visiting DEQ's rulemaking website
Oral and written
testimony can be provided at the public hearing listed above.
Coordinator: Maggie
Address: Department of Environmental Quality, 811 SW Sixth
Ave., Portland, OR 97204-1390
Telephone: (503) 229-6878
Department of Fish and Wildlife
Chapter 635
Rule Caption: Amend Rules for Commercial Fishing License Fees.
10-7-11 8
a.m. Red
Lion Hotel
SE Nye Ave.
Officer: Fish &
Wildlife Commission
Auth.: ORS ORS
508.235, 508.285, 508.760, 508.765, 508.790, 508.816, 508.858, 508.901, 508.941
Implemented: ORS ORS
508.235, 508.285, 508.760, 508.765, 508.790, 508.816, 508.858, 508.901, 508.941
Adoptions: Rules in
Amendments: Rules in
Repeals: Rules in
Summary: Amended rules relate to
commercial fishing license fees. Modifications to the regulations implement HB
3657 (2011), enacted by the 2011 Legislative Assembly. This bill changed
miscellaneous commercial fishing and occupational fees for the Oregon
Department of Fish & Wildlife. Housekeeping and technical corrections to
the regulations may occur to ensure rule consistency.
Rules Coordinator: Therese Kucera
Address: Department of Fish and Wildlife, 3406 Cherry Ave.
NE, Salem, OR 97303
Telephone: (503) 947-6033
Rule Caption: Establish 2012 Seasons and regulations for Game Mammals.
10-7-11 8
a.m. 304
SE Nye Ave.
Auth.: ORS
496.012, 496.138, 496.146 & 496.162
Implemented: ORS
496.012, 496.138, 496.146 & 496.162
Amendments: Rules in
635-008, 635-010, 635-043, 635-045, 635-060, 635-065, 635-066, 635-067,
635-068, 635-069, 635-070, 635-071, 635-072, 635-073, 635-075, 635-078, 635-080
Summary: Establish 2012 hunting
regulations for game mammals, including season dates, open areas, location of
cooperative travel management areas, wildlife areas, and other rules including
general hunting and controlled hunt regulations. Specific rule changes may be
made regarding deadlines for sale of preference points.
Coordinator: Therese
Telephone: (503) 947-6033
Department of Human Services,
Seniors and People with Disabilities Division
Chapter 411
Rule Caption: Medicaid Nursing Facilities.
9-19-11 2:30
p.m. 500
Summer St. NE,
Auth.: ORS
Auth.: SB 939
(2011), 2011 OL Ch. 630
Implemented: ORS
Amendments: 411-070-0442, 411-070-0452
Repeals: 411-070-0442(T),
Last Date
for Comment: 9-21-11, 5
Summary: The Department of Human Services
(Department) is proposing to permanently amend OAR 411-070-0442 and
411-070-0452 to maintain Medicaid-certified long term care facility reimbursement
rates at their current level as of June 30, 2011 in accordance with the
legislatively adopted budget and Senate Bill 939 (2011).
Coordinator: Christina
Address: Department of Human Services, Seniors and People
with Disabilities Division, 500 Summer St. NE, E-10, Salem, OR 97301
Telephone: (503) 945-6398
Department of Public Safety Standards and Training
Chapter 259
Rule Caption: Changes agency responsibility to ensuring administration of read/write
test; Clarify physician; Reorganize for clarity.
Stat. Auth.: ORS
181.640, 181.644 & 183.341
Stats. Implemented: ORS 181.640, 181.644 & 183.341
Proposed Amendments: 259-008-0010, 259-008-0011
Last Date for Comment: 9-21-11, Close of Business
Summary: Changes the hiring agency's responsibility from administering a 12th grade
reading or writing test to ensuring that an appropriate test was administered
allowing agencies to accept scores of DPSST-approved tests that were
administered by other agencies.
The requirement
for telecommunicators and emergency medical dispatchers to report criminal
convictions was removed from OAR 259-008-0010 (Minimum Standards for Employment
as a Law Enforcement Officer) and added to OAR 259-008-0011 (Minimum Standards
for Employment as a Telecommunicator and Emergency Medical Dispatcher) for
Allows for "licensed
health care providers" to sign F2-T Medical Examinations.
Rules Coordinator: Linsay Bassler
Address: Department of Public Safety Standards and Training,
4190 Aumsville Hwy SE, Salem, OR 97317
Telephone: (503) 378-2431
Department of State Lands
Chapter 141
Rule Caption: General Permit for Impacts to Vernal Pools Wetlands, Revisions to the
Rules for General Permits.
9-15-11 7
p.m. Jefferson
Conference Rm.,
Valley Council of
155 N 1st St.
Point, OR
Officer: Lori
Auth.: ORS
196.600–196.692 & 196.990–196.990
Implemented: ORS
196.600–196.692 & 196.990–196.990
Adoptions: 141-093-0180 – 141-093-0215
Amendments: 141-093-0107, 141-093-0135
Last Date
for Comment: 9-16-11, 5
Summary: In November 2009, after six years
of extensive public involvement and interagency coordination, DSL approved a
General Permit for Removal-Fill and Mitigation of Impacts to Vernal Pool
Wetlands in Jackson County (Vernal Pool GP). The Vernal Pool GP was developed
in coordination with the U.S. Army Corp of Engineers and the U.S. Fish and
Wildlife Service to address endangered species associated with vernal pools.
Through this rulemaking we will finalize the Vernal Pool GP to create a new
permit instrument that is predictable, timely, and consistent with the regional
planning effort for vernal pools. The revisions to the existing Division 093
are necessary to accommodate the new Vernal Pool GP.
The Vernal Pool
GP provides an expedited process (55 days) for permitting impacts to vernal
pool wetlands located in Jackson County. The rules describe the standards for
mitigation for those impacts which are consistent with the standards required
to address the Endangered Species Act (administered by the U.S. Fish and Wildlife
Service) and the Clean Water Act (administered by the U.S. Army Corps of
Coordinator: Elizabeth
Address: Department of State Lands, 775 Summer St. NE, Suite
100, Salem, OR 97301
Telephone: (503) 986-5239
Department of Transportation
Chapter 731
Rule Caption: Repeal of rule establishing agency payment for steel escalation.
Stat. Auth.: ORS
184.616, 184.619 & 2005 OL Ch. 557
Stats. Implemented: 2005 OL Ch. 557
Proposed Repeals: 731-007-0335
Last Date for Comment: 9-21-11
Summary: In 2005, HB 2077 required ODOT to adjust the amount paid to a highway
construction contractor when steel material delivered to the contractor was
more than 10 percent above the price quoted in the contractor's original bid.
OAR 731-007-0335 established the process for making payments to contractors for
the unanticipated escalation in the cost of steel materials.
This rule
contained a deadline of January 2, 2010 for submission of contractor claims.
Because the deadline has passed, the rule is being repealed.
Text of proposed
and recently adopted ODOT rules can be found at website:
Rules Coordinator: Lauri Kunze
Address: Department of Transportation, 3930 Fairview
Industrial Dr. SE, Salem, OR 97302
Telephone: (503) 986-3171
Department of Transportation,
Driver and Motor Vehicle Services Division
Chapter 735
Rule Caption: Updates Vehicle Dealer Rules to add reference to New Class IV
All-Terrain Vehicle Type.
Stat. Auth.: ORS
184.616, 184.619, 802.010, 802.031, 803.530, 803.600, 803.625, 821.060 &
Stats. Implemented: ORS 802.031, 803.565, 803.600, 803.602, 803.645, 821.060, 821.080,
822.005 & 822.080
Proposed Amendments: 735-150-0040
Summary: This rulemaking is needed to implement legislation enacted by the 2011
Legislative Assembly. House Bill 2329 (Chapter 360, Oregon Laws 2011) amends
the statutory definitions of all-terrain vehicles and adds a new Class IV
all-terrain vehicle type.
Currently, under
OAR 735-150-0040, qualified Oregon vehicle dealers that sell snowmobiles, or
Class I and Class III all-terrain vehicles are designated as agents of DMV,
pursuant to ORS 802.031. DMV proposes to amend the rule to include Class IV
all-terrain vehicles. Additionally, subsection (4)(f) of the rule is amended to
clarify that a vehicle dealer may only prepare, submit, or prepare and submit
documents and collect fees for transfers of registration plates for vehicles
they sell . The change is consistent with current policy and dealer practices.
Additional non-substantive changes simplify and clarify existing rule language.
Text of proposed
and recently adopted ODOT rules can be found at website:
Address: Department of Transportation, Driver and Motor
Vehicle Services Division, 3930 Fairview Industrial Dr. SE, Salem, OR 97302
Department of Transportation,
Highway Division
Chapter 734
Rule Caption: Fee for Issuance of Sno-Park Parking Permits.
Stat. Auth.: ORS
184.616, 184.619, 811.595 & 811.600
Stats. Implemented: ORS 811.600
Proposed Amendments: 734-020-0070
Summary: This rule establishes the fee for parking permits issued for winter recreation
parking (Sno-Park) areas. Revenue generated from the sale of Sno-Park permits
is accounted for separately in the Highway Fund. Funds in the account are
primarily used for enforcement of the permit requirement and snow removal in the
designated areas. There are three types of permits available to users of
Sno-Parks: an annual permit required from November 1 through April 30, a
three-day permit valid for three consecutive days, and a one-day permit valid
for a specific calendar day.
In order to
adequately fund the Sno-Park program, to keep up with increasing costs, and to
provide service to the recreation community, an increase in the permit fees was
recommended by the Winter Recreation Advisory Committee in 2010. The committee
was established in ORS 802.350 to advise the Department on matters relating to
the Sno-Park program. Based on that recommendation the Department amended the
parking permit fees by rule. However, the 2011 Legislature did not ratify the
increase in the permit fees. This rule amendment returns the Sno-Park permit
fees to their previous amounts.
Address: Department of Transportation, Highway Division, 3930
Fairview Industrial Dr. SE, Salem, OR 97302
Telephone: (503) 986-3171
Rule Caption: Requirements for oversized load signs.
Stat. Auth.: ORS
184.616 & 184.619
Stats. Implemented: ORS 815.275, 818.220 & 818.225
Proposed Amendments: 734-082-0037
Summary: These rules describe sign requirements for over-length or over-width vehicles,
or vehicles transporting over-length or over-width loads. Currently, signs
warning of an oversize vehicle or load are required to be placed on the front
and rear of the vehicle and must be seven feet wide by 18 inches high. Many
types of self propelled cranes do not have enough space on the front or rear of
the vehicle to accommodate a sign the size required by rule without blocking
headlights, turn signals, license plate, brake lights or taillights. The
proposed amendment will provide carriers with an additional method to meet the
rule requirements by allowing a vehicle's bumpers to be painted yellow and bear
the words "OVERSIZE LOAD" painted or decaled in black. Such signage must meet
lettering size, visibility, and reflective requirements in the rule. Self
propelled cranes that are registered in another jurisdiction may meet signage
requirements on the bumper if the signage meets visibility and reflective rule
provisions and the sign is in compliance with the vehicle's base state rules
governing warning signs.
Department of Transportation,
Motor Carrier Transportation Division
Chapter 740
Rule Caption: Amendment of intrastate exceptions to federal motor carrier safety
transportation regulations.
Stat. Auth.: ORS
184.616, 184.619, 823.011, 825.232 & 825.252
Stats. Implemented: ORS 825.210, 825.250 & 825.252
Proposed Amendments: 740-100-0010
Summary: These rules cover the adoption of federal motor carrier safety regulations and
the intrastate exceptions. A recent Motor Carrier Safety Assistance Program
(MCSAP) review identified intrastate exceptions that were determined not
compatible with federal regulations. The following proposed rule amendments
revise rules identified deficient in the review. Specifically, current rules
allow an exemption from external identification requirements found in Title 49,
Code of Federal Regulations (CFR) Part 390.21 and some driver qualification
requirements found in 49 CFR Part 391 for intrastate private carriers operating
with a gross weight rating of 26,000 pounds or less. An amendment will further
limit applicability of the exemptions by including that in addition to the
vehicle(s) weight rating not exceeding 26,000 pounds, actual weight of the
vehicle or combination may not exceed 26,000 pounds to use this exemption.
Another amendment specifies that an intrastate commercial motor vehicle
operator must be 18 years of age. This amendment clarifies the rule and is
consistent with the provisions of ORS 807.060. Finally, it is proposed that an
exception from CFR 49 Part 396.17 through 396.23 allowing an exemption for
periodic inspection requirements for carriers operating wholly in intrastate
commerce be repealed in its entirety.
Theses changes
are necessary to ensure Oregon's motor carrier safety is compliant with federal
regulations. Oregon stands to lose approximately $2.6 million of Motor Carrier
Safety Assistance Program (MCSAP) funds if it fails to amend and maintain
compatible rules.
Address: Department of Transportation, Motor Carrier
Transportation Division, 3930 Fairview Industrial Dr. SE, Salem, OR 97302
Land Conservation and Development Department
Chapter 660
Rule Caption: Amendments to administrative rules to establish a process for assessing
agricultural land capability.
10-6-11 8:30
a.m. Guild
Hall, Guild Bldg.
Williams Hwy.
Pass, OR
Officer: LCDC
Auth.: ORS
197.040 & 2010 OL Ch. 44 (Spec. Sess.)
Implemented: ORS
Amendments: Rules in
Last Date
for Comment: 10-6-11,
Close of Hearing
Summary: The proposed amendment to OAR
660-033-0030 and any necessary conforming changes to division 33, will
implement legislative authorization for a person to obtain additional
information for use in the determination of whether land qualifies as
agricultural land by requiring professional certification of soil assessment
consultants and by allowing the Department of Land Conservation and Development
to assess fees in an amount intended to meet the department's costs to assess
the soils and administer the program.
Coordinator: Casaria
Address: Land Conservation and Development Department, 635
Capitol St. NE, Suite 150, Salem, OR 97301
Telephone: (503) 373-0050, ext. 322
Oregon Department of Education
Chapter 581
Rule Caption: Provides clarity and guidance on Private Career School issues.
9-28-11 1
p.m. 255
Capitol St. NE, Rm. 251 A
Officer: Cindy Hunt
Auth.: ORS
345.400, 345.460 & 345.470
Implemented: ORS
345.400 & 345.460
Adoptions: 581-045-0205, 581-045-0054
Amendments: 581-045-0200
Last Date
for Comment: 9-30-11, 5
Summary: OAR 581-045-0200 is being revised
and two new rules – OAR 581-045-0205 and 581-045-0054 are being created
to meet three specific needs:
(1) Provide
clarity and guidance on issues specific to cosmetology schools.
(2) Create a new
rule specific to competency-based cosmetology schools.
(3) Create a new
rule regarding transfer students and the awarding of credit for prior training
or experience that applies to all schools regardless of area of career
Coordinator: Diane Roth
Address: Oregon Department of Education, 255 Capitol St. NE,
Salem, OR 97310
Telephone: (503) 947-5791
Rule Caption: Brings Emotional Disturbance rule relating to education into compliance
with federal law.
Stat. Auth.: ORS
343.035(1), 343.045, 343.146 & 343.157
Stats. Implemented: ORS 343.035(1), 343.045, 343.146, 343.157, 34 CFR 300.8 & 34 CFR
Proposed Amendments: OAR 581-015-2145
Last Date for Comment: 9-30-11, 5 p.m.
Summary: It was discovered during the process of updating the OARs to comply with Senate
Bill 3 (2011) that the administrative rule which addresses special education
eligibility requirements for emotional disturbance was incomplete. This proposed
change in OAR 581-015-2145 brings this rule in alignment with the federal
definition of a child with an emotional disturbance disability (34 CFR
The 2004
Amendments to the IDEA, effective July 2005, and corresponding regulations,
effective October 2006, required changes to state regulations. Regulations were
updated to reflect more current language, and some regulations have been
amended for clarity or to align more closely with the federal statutes and
regulations. The enormous task to make changes in state regulations included
amendments to rules in all sections, including: definitions, general
supervision, free appropriate public education, child find, consent, evaluation
and eligibility, parent participation, IEP, placement and least restrictive
environment, children in public schools placed by a private agency, procedural
safeguards, Section 504 hearings, discipline for children with disabilities,
children in private schools enrolled by their parents, use of public or private
insurance, regional programs, special programs, and early intervention/early
childhood special education.
Rules Coordinator: Diane Roth
Telephone: (503) 947-5791
Oregon Health Authority,
Oregon Educators Benefit Board
Chapter 111
Rule Caption: Revised language to include definitions for a new benefit offering.
9-21-11 10
a.m. PEBB/OEBB
Ferry St. SE
Officer: OEBB Staff
Auth.: ORS
Implemented: ORS
Amendments: 111-010-0015
Summary: The revisions to OAR 111-010-0015
include revised and new definitions for a new benefit offering, health savings
accounts (HSAs) beginning October 1, 2011. The revisions include adding "Employee
Assistance Program Plans" as defined under "Benefit plan" and also defining "Flexible
benefit plan."
Coordinator: April
Address: Oregon Health Authority, Oregon Educators Benefit
Board, 1225 Ferry St. SE, Suite B, Salem, OR 97301
Telephone: (503) 378-6588
Rule Caption: Adopts language for a new benefit offering, health savings accounts.
Adoptions: 111-030-0046
Summary: Beginning October 1, 2011, OEBB
will be offering health savings accounts (HSAs) as a new benefit offering.
111-030-0046 includes language on this new benefit offering.
Telephone: (503) 378-6588
Oregon Health Authority,
Public Employees' Benefit Board
Chapter 101
Rule Caption: Repeal of Domestic Partnerships rule, 101-015-0025, which was made
redundant with adoption of 101-015-0026.
9-21-11 4
p.m. Board
Room, 1225 Ferry St. SE
Officer: Chérie
Auth.: ORS 243
Other Auth.: ORS 279
Implemented: ORS 183,
192, 243, 292, 302, 659 & 743
Repeals: 101-015-0025
Summary: Repeals 101-015-0025/Domestic
Partnerships, which was made redundant by adoption of 101-015-0026.
101-015-0025 is temporarily suspended, effective Aug. 11, 2011.
Coordinator: Chérie
Address: Oregon Health Authority, Public Employees' Benefit
Board, 155 Cottage St. NE, U90, Salem, OR 97301
Telephone: (503) 378-2349, ext. 325
Oregon Health Authority,
Public Health Division
Chapter 333
Rule Caption: WIC Vendor and Farmer Administration.
9-22-11 11
a.m. Portland
State Office Bldg.
NE Oregon St., Rm. 1C
Officer: Jana
Auth.: ORS
Auth.: 7 CFR
246.12, Public Law 108-265
Implemented: ORS
Amendments: 333-054-0010, 333-054-0020, 333-054-0025, 333-054-0027, 333-054-0035,
333-054-0040, 333-054-0050, 333-054-0055, 333-054-0060, 333-054-0070
Summary: The Oregon Health Authority,
Public Health Division is proposing to permanently amend administrative rules
in chapter 333, division 54 as they pertain to vendors and farmers. These
amendments are clarifications and adjustments to definitions, monitoring
language, violation and sanction language, which reflect current program vendor
and farmer administration practices. Additionally, the rules have been amended
to replace references to "FSP" and the "Food Stamp Program" with the program's
new name "Supplemental Nutrition Assistance Program" or "SNAP."
Coordinator: Brittany
Address: Oregon Health Authority, Public Health Division, 800
NE Oregon St., Suite 930, Portland, OR 97232
Telephone: (971) 673-1291
Rule Caption: Updating rules for Medical Marijuana pertaining to registration fees and
adding new fee charges.
9-16-11 11
a.m. Jackson
County Library
South Central Ave.,
Conference Rm.
9-19-11 9:30
a.m. Portland
State Office Bldg.,
NE Oregon St.
9-20-11 11
a.m. Deschutes
County Admin. Bldg., Barnes Rm.
NW Wall St.
Auth.: ORS
475.309, 475.312 & 475.338
Implemented: ORS
Amendments: 333-008-0010, 333-008-0020, 333-008-0025, 333-008-0030, 333-008-0040,
333-008-0045, 333-008-0050, 333-008-0060, 333-008-0070, 333-008-0080,
Last Date
for Comment: 9-22-11, 5
Summary: The Oregon Health Authority,
Public Health Division, Oregon Medical Marijuana Program is proposing to
permanently amend administrative rules in chapter 333, division 8. The 2011
Legislative Assembly adopted a Public Health budget that requires an increase
in fees charged to OMMP applicants as well as an additional fee for growers to
generate revenue to fund other public health programs. The new fees will be
implemented beginning October 1, 2011. The current administrative rule does not
require a fee for the growers in order for an applicant or grower to obtain an
OMMP registry identification card. The Oregon Medical Marijuana Act (OMMA)
mandates the Authority to adopt a fee structure in rules. In order to comply
with the OMMA and legislative direction, the OMMP must amend its rules to
increase the application fee, the replacement card fee, add a grower fee, and
also, to add definitions to clarify new terms and meanings for Authority, food
stamps, grow site, and replacement registry identification card which are
provisions in the rule that are not defined.
Rules Coordinator: Brittany Sande
Rule Caption: Amendments of rules related to Radiation Protection Services.
9-22-11 1
p.m. Portland
State Office Bldg.
NE Oregon St.
Auth.: ORS
431.925–431.955 & 453.605–453.807
Auth.: 10 CFR
Parts 1–50
Implemented: ORS
431.655, 431.925–431.955 & 453.605–453.807
Amendments: 333-100-0005, 333-100-0020, 333-100-0070, 333-101-0065, 333-102-0015,
333-102-0115, 333-102-0130, 333-102-0190, 333-102-0250, 333-102-0285,
333-102-0290, 333-102-0293, 333-102-0305, 333-102-0310, 333-102-0340,
333-103-0010, 333-103-0030, 333-103-0035, 333-105-0530, 333-106-0005,
333-106-0035, 333-106-0045, 333-106-0055, 333-106-0325, 333-106-0370,
333-106-0750, 333-111-0015, 333-116-0020, 333-116-0025, 333-116-0035,
333-116-0105, 333-116-0220, 333-116-0250, 333-116-0260, 333-116-0290,
333-116-0320, 333-116-0330, 333-116-0360, 333-116-0390, 333-116-0440,
333-116-0470, 333-116-0585, 333-116-0660, 333-116-0670, 333-116-0680,
333-116-0683, 333-116-0687, 333-116-0715, 333-116-1000, 333-119-0010,
333-119-0090, 333-119-0100, 333-120-0015, 333-120-0100, 333-120-0550,
333-120-0650, 333-120-0660, 333-120-0720, 333-120-0730, 333-120-0740
Last Date
for Comment: 9-26-11, 5
Summary: The Oregon Health Authority,
Public Health Division is proposing to permanently amend Oregon Administrative
Rules related to programs within the Radiation Protection Services. The
radiation materials licensing program is proposing to amend rules to comply
with 10 CFR Parts 1-50 to meet federal law pertaining to byproduct material
management. The X-ray program is proposing to amend rules to permit operations
of X-ray equipment performed by dental hygienists as outlined in ORS 680.205.
The tanning program is proposing to amend rules to outline skin type
definitions and the use of digital timers with tanning bed operations, remove
OAR 333-119-0100(20), and create new rule definitions for skin typing.
Telephone: (971) 673-1291
Oregon Health Licensing Agency
Chapter 331
Rule Caption: Amend license cycle for athletic trainers from a two year registration
to a one year registration.
Stat. Auth.: ORS
676.605, 676.606, 676.615, 688.715 & 688.728
Stats. Implemented: ORS 676.605, 676.606, 676.615, 688.715 & 688.728
Proposed Amendments: 331-105-0030
Last Date for Comment: 9-28-11
Summary: The Oregon Health Licensing Agency (Agency) is amending several programs'
authorization cycle from a two year cycle to an annual cycle to align with
statutory authority. The purpose of the revision is to stabilize revenue
streams within the Agency and reduce the economic impact of paying a two year
registration fee for initial registrations and renewals. Fees will be decreased
by half to help reduce barriers to registration for new registrants.
Rules Coordinator: Samantha Patnode
Address: Oregon Health Licensing Agency, 700 Summer St. NE,
Suite 320, Salem, OR 97301-1287
Telephone: (503) 373-1917
Rule Caption: Amend license cycle for hearing aid specialists from a two year license
to a one year license.
Stat. Auth.: ORS
676.605, 676.606, 676.615, 694.155 & 694.185
Stats. Implemented: ORS 676.605, 676.606, 676.615, 694.155 & 694.185
Proposed Amendments: 331-601-0010
Summary: The Oregon Health Licensing Agency (Agency) is amending several programs'
authorization cycle from a two year cycle to an annual cycle to align with
statutory authority. The purpose of the revision is to stabilize revenue
streams within the Agency and reduce the economic impact of paying a two year
license fee for initial licenses and renewals. Fees will be decreased by half
to help reduce barriers to licensure for new licensees.
Rule Caption: Streamlines application process for temporary tattoo practitioners,
requires current blood-borne pathogens training.
Stat. Auth.: ORS
Stats. Implemented: ORS 676.606, 676.607 & 690.365
Proposed Amendments: 331-565-0090
Summary: Revise administrative rule to clarify and streamline the application process
for tattoo artist temporary practitioner permits for those persons wishing to
practice the profession in Oregon on a temporary basis, including tattooing
conventions. The revision clarifies language for out-of-state applicants who do
not understand the Oregon requirements. This also allows applicants to attest o
their qualifying experience on a form approved by the agency, requires current
training in blood-borne pathogens, and removes requirement for basic first aid
Telephone: (503) 373-1917
Oregon Public Employees Retirement System
Chapter 459
Rule Caption: Clarify retirement eligibility for police officer and firefighter
10-25-11 2
p.m. PERS
SW 68th Pkwy.
Officer: Daniel
Auth.: ORS
Implemented: ORS
Amendments: 459-075-0200
Last Date
for Comment: 10-28-11,
5 p.m.
Summary: Clarifies eligibility for normal
retirement under ORS 238A.160(2) and early retirement under 238A.165(2) for an
OPSRP Pension Program member who has held a position as a police officer or
The rule requires
clarification of the requirement for retirement that an OPSRP Pension Program
member employed as a Police Officer or Firefighter member must "have held a
position as a police officer or firefighter continuously for a period of not
less than five years immediately preceding the effective date of retirement."
New language is also needed to clarify eligibility for OPSRP Pension Program
members who are employed in qualifying positions as a police officer or
firefighter and as other than a police officer or firefighter.
Coordinator: Daniel
Address: Oregon Public Employees Retirement System, PO Box
23700, Tigard, OR 97281
Telephone: (503) 603-7713
Rule Caption: Repeal obsolete and redundant rule.
Auth.: ORS
Implemented: ORS
238.005, 238.025 & 238.442
Repeals: 459-010-0005
Summary: Provisions of this rule are no
longer in effect; redundant language not needed in rule.
Telephone: (503) 603-7713
Oregon State Marine Board
Chapter 250
Rule Caption: Outfitter and Guide Program Update.
9-22-11 5
p.m. Bend
Senior Center
SE Reed Market Rd.
10-13-11 5
p.m. South
Beach Marina Mtg. Rm.
SE Marine Science Dr.
10-25-11 6
p.m. Red
Lion Hotel
Coburg Rd.
Officer: Randy
Auth.: ORS 830
Implemented: ORS 704
& 705
Adoptions: Rules in
Amendments: Rules in
Repeals: Rules in
Last Date
for Comment: 10-25-11,
Close of Hearing
Summary: The purpose of this rule action
is to review, update and clarify regulations for the outfitters and guides
Coordinator: June
Address: Oregon State Marine Board, P.O. Box 14145, Salem, OR
Telephone: (503) 378-2617
Rule Caption: Clarification of Boating Under the Influence of Intoxicants rules.
Stat. Auth.: ORS
830.110 & 830.505–830.550
Stats. Implemented: ORS 830.535
Proposed Amendments: 250-010-0430, 250-010-0440
Proposed Repeals: 250-010-0400, 250-010-0450, 250-010-0460
Last Date for Comment: 9-30-11, Close of Business
Summary: The purpose of the rule action is to modify and consolidate current BUII rules.
Housekeeping and technical corrections to the regulations may occur to ensure
rule consistency.
Rules Coordinator: June LeTarte
Telephone: (503) 378-2617
Oregon University System,
Portland State University
Chapter 577
Rule Caption: Amends Portland State University's Health Insurance requirements for
Non-immigrant International Students and Dependants.
Stat. Auth.: ORS
Stats. Implemented: ORS 351.070
Proposed Amendments: 577-034-0001
Last Date for Comment: 9-19-11
Summary: The proposed amendments update Portland State University's administrative rule
establishing health insurance requirements for non-immigrant international
students and their dependants living in the United States. These amendments
provide greater detail than the current rule. A copy of the Notice of Proposed
Rulemaking, Statement of Need and Fiscal Impact and the text of the proposed
rules can be found at http://www.pdx.edu/fadm
Rules Coordinator: Diane Kirk
Address: Oregon University System, Portland State University,
PO Box 751, Portland, OR 97207
Telephone: (503) 725-2656
Public Utility Commission
Chapter 860
Rule Caption: In the Matter of Revising Electric Service Reliability Rules to Reflect
Current National Standards.
Stat. Auth.: ORS
183, 756, & 757
Stats. Implemented: ORS 757.020
Proposed Adoptions: 860-023-0081, 860-023-0084, 860-023-0091, 860-023-0101, 860-023-0111,
860-023-0131, 860-023-0151, 860-023-0161
Summary: This notice of proposed rulemaking clarifies that the proposed rules listed
herein are to be effective beginning January 1, 2012. The previously proposed
revisions, repeals, and new provisions are rewritten to allow the current
electric service reliability rules to stand in effect through December 31,
2011, and the new provisions to become effective on January 1, 2012. The rule
changes noticed in the July 2011 Oregon Bulletin did not achieve the
goal of leaving the current provisions in effect until the January 1, 2012,
implementation of the new provisions. The Commission will make the appropriate
filing to repeal the current provisions of the electric service reliability
rules by December 15, 2011, to be effective on January 1, 2012.
The Commission's
existing electric service reliability rules need to be revised to reflect the
current national standards. By adopting these proposed rules, Oregon's electric
investor-owned utilities will be analyzing and reporting statistical
reliability performance using one methodology - consistent with many other
electrical utilities across the nation. For electric investor-owned utilities
operating in various states (i.e., Idaho Power, PacifiCorp), reporting by more
than one methodology is especially burdensome. Trade and other organizations
need to have consistent information available that complies with national
standards to compare electric utility reliability performance. The proposed
rules update the Commission rules to comply with the latest version of the
Institute of Electrical and Electronic Engineers (IEEE) Standard - 1366, which
is the industry-recognized national standard by which electric distribution
utilities are to report reliability performance. By adopting this current
standard, future updates to the national standard will be more easily adopted
into Oregon's rules.
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 552
on comments and file them by e-mail to the Commission's Filing Center at
email@example.com 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
Rules Coordinator: Diane Davis
Address: Public Utility Commission of Oregon, PO Box 2148,
Salem, OR 97308
Telephone: (503) 378-4372
Secretary of State,
Archives Division
Chapter 166
Rule Caption: Clarifies procedure for agencies adopting or amending rules that
incorporate published standards by reference.
9-21-11 9
a.m. 800
Summer St. NE.
Officer: Julie
Auth.: ORS 183
Implemented: ORS
Amendments: 166-500-0040
Summary: This rule amendment eliminates a
discrepancy found between rule and ORS 183.355 by eliminating conflicting
language between statute and rule.
Coordinator: Julie
Address: Secretary of State, Archives Division, 800 Summer
St. NE, Salem, OR 97310
Telephone: (503) 378-5199
Secretary of State,
Corporation Division
Chapter 160
Rule Caption: EFS Master List Subscription and Registration.
Stat. Auth.: ORS
79.6070 & 79.7010
Stats. Implemented: ORS 79.6070 & 79.7010
Proposed Amendments: 160-050-0230, 160-050-0240
Summary: These rules update the manner in which the EFS Master List is produced, accessed, and what information the Master List will
contain. These rules also update the fees to register as a subscriber to the
Master List, and update the fees to amend the registration.
Rules Coordinator: Karen Hutchinson
Address: Secretary of State, Corporation Division, 255
Capitol St. NE, Suite 151, Salem, OR 97310
Telephone: (503) 986-2364
Secretary of State,
Elections Division
Chapter 165
Rule Caption: Repeal of Voting System Certification.
Stat. Auth.: ORS
Stats. Implemented: ORS 246.520, 246.530, 246.540, 246.550, 246.560, 246.570, 246.580,
246.590 & 246.600
Proposed Repeals: 165-007-0250
Last Date for Comment: 9-23-11, Close of Business
Summary: This rule is proposed for repeal because the voting system standards are
contained in ORS 246.560 and the the federal rules as printed in the Federal
Election Commission publication: Performance and Test Standards for Punchcard,
Marksense, and Direct Recording Electronic Voting Systems, revised April 2002
are out of date.
Rules Coordinator: Brenda Bayes
Address: Secretary of State, Elections Division, 255 Capitol
St. NE, Suite 501, Salem, OR 97310
Telephone: (503) 986-1518
Teacher Standards and Practices Commission
Chapter 584
Rule Caption: Adopts new program approval rules as part of new division 18, expanded
division 17, and amended division 10; amends definition of administrator;
housekeeping issues for CTE and professional practices program.
9-21-11 1
p.m. TSPC
Commercial St.
Officer: Lynn
Auth.: ORS 342
Implemented: ORS
342.120–342.430, 342.455–342.495 & 342.553
Adoptions: 584-010-0022, 584-017-1005, 584-017-1008, 584-017-1010, 584-017-1012,
584-017-1015, 584-017-1020, 584-017-1022, 584-017-1025, 584-017-1028,
584-017-1030, 584-017-1032, 584-017-1035, 584-017-1038, 584-017-1040,
584-017-1042, 584-017-1045, 584-017-1048, 584-017-1050, 584-017-1052,
584-017-1055, 584-018-0100, 584-018-0105, 584-018-0110, 584-018-0115,
584-018-0120, 584-018-0125, 584-018-0130, 584-018-0135, 584-018-0140,
584-018-0205, 584-018-0210, 584-018-0305, 584-018-0310, 584-018-0315,
584-018-0405, 584-018-0410, 584-018-0415, 584-018-0505, 584-018-0510,
Amendments: 584-010-0001, 584-010-0006, 584-010-0010, 584-010-0015, 584-010-0020,
584-010-0025, 584-010-0030, 584-010-0035, 584-010-0045, 584-010-0050,
584-010-0055, 584-010-0060, 584-010-0090, 584-010-0100, 584-017-0441,
584-036-0055, 584-036-0081, 584-042-0008, 584-042-0012, 584-042-0021,
584-042-0031, 584-042-0036, 584-042-0044, 584-042-0051, 584-042-0081
Repeals: 584-010-0080, 584-010-0140
Last Date
for Comment: 11-3-11
Summary: Agency staff and interested
stakeholders have worked together to review the state unit and program
accreditation standards. The proposed standards listed below are the result of
this collaborative work and include rule 584-010-0022 and Divisions 17 and 18.
– Procedure for New and Continued Program Review Visits
– Effective Date and Applicability to Unit Programs
– Conceptual Framework
– Request for Waiver of Rules
– Waivers of Academic Requirements and Appeals on Academic Decisions
– Knowledge Skills and Professional Dispositions Generally
– Knowledge of School Law for Licensed Educators
– Assessment Systems and Unit Evaluation
– Consortium
– Selection, Recruitment and Admission of Candidates
– Evidence of Effectiveness for Initial I Teaching License Preparation
– Evidence of Effectiveness for Continuing Teaching License Preparation
– Verification of Program Completion for All Licensure Programs
– Field Experience and Clinical Practice
– Knowledge, Skills and Abilities for Initial School Counselor
– Waivers for Practicum or Clinical Requirements in the Event of School
District Closures
– Field or Clinical Experiences Generally
– Student Teaching Generally
– Internship Agreements Generally
– Diversity and Inclusion
– Faculty Qualifications, Performances and Development
– Faculty Qualifications, Performances and Development
– Objectives for Initial Teachers Generally
– Knowledge, Skills, Abilities and Cultural Competencies for Initial I
Teaching Licensure
– Knowledge, Skills, Abilities and Cultural Competencies for Continuing
Teaching Licensure
– Early Childhood Education Authorization
– Elementary Authorization
– Middle Level Authorization
– High School Authorization
– Endorsements Requiring Multiple Authorizations
– Adding Authorization Levels to Existing Initial and Continuing teaching
– Knowledge, Skills, Abilities and Cultural Competencies for Educational
Leadership and Initial Administrator Licensure Licensure
– Knowledge, Skills, Abilities and Cultural Competencies for Educational
Leadership and Continuing Administrator Licensure
– Knowledge, Skills, Abilities and Cultural Competencies for Initial
School Counselor License
– Knowledge, Skills, Abilities and Cultural Competencies for Continuing
School Counselor License
– Authorization Level for School Counselors
– Knowledge, Skills, Abilities and Cultural Competencies for Initial
School Psychologist Licensure
– Knowledge, Skills, Abilities and Cultural Competencies for Continuing
School Psychologist Licensure
– Authorization Level for School Psychologists
– Knowledge, Skills, Abilities and Cultural Competencies for Initial
School Social Worker Licensure
– Knowledge, Skills, Abilities and Cultural Competencies for Continuing
School Social Worker Licensure
– Authorization Level for School Social Workers
584-010-0001 – Purpose of Program Approval: Updates rule to include the
commission's 2011 revision of standards and units to align with national
standards for teacher preparation.
– Definitions: Updates program approval definitions including Approved
Institution, Area for improvement, At Risk Unit, Low Performing Unit, and Unit.
Corrects statues cited.
– Unit Accreditation for Teachers, Administrators and Personnel Service
Specialists – Clarifies unit accreditation requirements and corrects
statues cited.
– Preconditions for First-Time Unit or Program Approval; Updates
first-time unit approval requirements. Corrects statues cited.
– Procedure for Unit Accreditation Visits. Updates procedure for Unit
accreditation visits. Corrects statues cited.
– Recommendations Following Unit Accreditation: Clarifies Executive
Director recommendations to the commission following a unit site visit.
Recommendations include Unconditional Approval, Approval with Conditions and
Probationary Approval for "at-risk institutions". Updates statutes cited.
– Commission Action Following on-Site Review: Clarifies rule language and
adds the approval of unit with an established probation period and designating
the unit as "at risk institution". Updates statues cited.
– Submitting Program Modification, Additions or Elimination to the
Commission: Corrects reference to Director of Teacher Education.
– Major Modifications of Programs: Minor language corrections. Updates
statues cited.
– Annual Report from the Unit: Updates due date for annual report
submission to the commission. Clarifies unit reporting requirements and corrects
statues cited.
– Review of Programs Not Previously Approved: Clarifies requirements for
programs not previously approved by the commission.
– Denial of Program Approval and Appeal: Adds language if the
commission's decision to deny approval is accompanied with a recommendation for
immediate withdrawal is necessary to protect the students, an appeal shall act
as a stay of determination until final decision of the appeal.
Updates statues
– Program Completion Fast Track – Field Operation Audit: Corrects
the statutes cited.
– Reports of Program Completion for the Commission: Corrects statutes
– Knowledge, Skills and Abilities for Initial School Counselor: Amends
program requirements for school counselor candidate programs.
– Fees: Allows the Executive Director or her designee to consider
extenuating circumstances and determine when it is appropriate to waive the
– Conditional Assignment Permit: Amends rule to clearly establish CAP as
a license; extends fall timeline for districts to apply; clarify that new
process has same flexibility for districts as original CAP; lists other options
for discussion, specifically addressing whether the district or educator pays
the required fee and the conditions under which a district can establish a CAP
for special education.
– Five-Year Career and Technical Education Teaching License: Effective
July 15, 2011, 5-year license no longer issued. However, existing 5-year CTE
license holders still valid and renewable.
– Career and Technical Education Teaching License Renewal: Existing
three-year CTE licensee must qualify for the CTE II upon expiration. In
extenuating circumstances, CTE license holder may apply for a one-year CTE
license to complete the additional requirements for renewal.
– Definitions: Clarifies definition of CTE Mentor. Corrects statutes
– Career and Technical Education I Teaching License: Language
clarification regarding fingerprints, and commission-approved civil rights
test. Corrects statutes cited.
– Career and Technical Education II Teaching License: Clarifies CTE II
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Corrects statutes cited.
– Career and Technical Education Endorsement: Language clarification
(3)(e), (3)(e)(B).
– Career and Technical Education (CTE) Professional Development Plan:
Corrects rule sub-sections in reference rules cited and corrects coursework
hours required for license.
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Recent editions of the newspaper seem to consist of front page articles that appear to be nothing more than recycled stories covered extensively years ago. A prime example is the Debbie Dusenbery embezzlement stories that continue to run day after day lately. While I appreciate a good story and investigative journalism, these stories were reported by your paper years ago and as far as I can tell, there is nothing new being reported.Your reporter, Mr. Schwartz could save himself a lot of time and energy by reprinting the old stories if this is what he thinks the public wants to see. I for one would like to see some "news". As they say, "Old news is no news." Surely there are some more recent newsworthy subjects your paper can report.
Flora Vista

subset: commoncrawl


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|This article includes a list of references, but its sources remain unclear because it has insufficient inline citations. (July 2008)
|Paris, France
Area served
|Mopeds, motorized bicycles
VéloSoleX is a moped, or motorised bicycle, which was originally produced by the French manufacturer Solex, based in Paris, France. The company manufactured centrifugal radiators, carburetors, and micrometers, before branching into assist motors and bicycles.
Owned successively by Dassault, Renault, Motobécane/MBK, VéloSoleX sold more than 7 million units worldwide before ceasing production in France in 1988. Production of the VéloSoleX restarted in both China and Hungary after 1988, but production ceased in Hungary in 2002. VéloSoleX is now manufactured in France.
The Solex motorized bicycle was conceived during World War II and marketed in 1946, with eight million being sold between 1946 and 1988 in France and internationally, having been marketed in some 70 countries.The French design ceased production in 1988.[1] It lived on for almost two decades as a licensed design produced in China and Hungary. Production returned to France in 2005, and as of 2011[update] the S4800 model being marketed by VeloSolex America in North Bergen, NJ.[2]
As of 2012[update], the French company offers three products:
- Velosolex - an electric folding bike which can reach speeds of up to 25 km/h and has a range of up to 50 km.[3]
- Solexity - an electric assisted bicycle which can reach speeds of up to 25 km/h [Pedelec norm] and has a range of up to 60 km.[4]
- e-Solex - an electric bike which can reach speeds of 25 or 35 km/h and has a range of up to 40 km.[5]
See also[edit]
External links[edit]
|Wikimedia Commons has media related to Velosolex.
|This motorcycle, scooter or moped-related article is a stub. You can help Wikipedia by expanding it.


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Since 2007, Publix Super Markets has led initiatives to reduce the use of paper and plastic grocery bags used at checkout. The company has emphasized the importance of sustainability by training front service clerks and cashiers to increase the number of items per bag, implementing bag reduction goals for each store, holding communication campaigns to encourage the use of reusable bags and donating reusable bags to non-profits and partner organizations throughout the southeast. Such activities have helped reduce the use of paper and plastic grocery bags by more than one million per day.
On Sept. 2, the number of bags saved since mid 2007 surpassed the 1 billion milestone. The company has offered in-store recycling of paper and plastic bags since the mid-1970s and introduced its first .99 cent reusable bags in mid-2007. Since the introduction, more than 13 million reusable bags have been sold at Publix locations.
In 2009, the company's overall recycling rate was 45 percent. That year, 210,000 tons of cardboard, 7,000 tons of plastic and 2,200 tons of mixed paper were recycled by the grocery chain, which helped save approximately 5.2 million trees, 16.8 million gallons of water, and 1.8 million cubic yards of landfill space.


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Selected country experiences
Although Argentina has a fairly well developed health system, in 1997 comparable countries such as Chile, Costa Rica or Uruguay, had a higher life expectancy and lower infant mortality rates despite spending less on health per capita. During the 1990s, Argentina went through major economic upheaval as well as a far-reaching health care reform. This included restructuring, decentralizing and liberalising its health financing mechanisms based on tax-funding and social health insurance.
The following paper explores that specific period of institutional changes in the health sector and its impact on health service utilization and catastrophic out-of-pocket payments.
Health Financing in Argentina: An Empirical Study of Health Care Expenditure and Utilization
pdf, 908kb
Cavagnero E, Carrin G, Xu K, Aguilar-Rivera AM (2006). Health Financing in Argentina: An Empirical Study of Health Care Expenditure and Utilization. Innovations in Health Financing: Working Paper Series, No. 8. Fundación Mexicana para la Salud / Instituto Nacional de Salud Pública. ISBN: 968-5661-00-6


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New Port Richey, FL - A New Port Richey police officer is in the hospital with serious injuries after the Florida Highway Patrol says he was hurt when his patrol car was hit near the intersection of Congress Street and Kentucky Avenue.
We're told the officer was chasing a suspect in an unmarked car with his lights on, when another driver turned a corner and hit him.
The officer's car rolled over and hit a tree pinning him inside. Rescue crews brought him to Bayonet Point hospital.
The officer is expected to be OK.


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- Filed Under
Michael Feimster of New Rochelle makes sure to get to his local Metro-North Railroad station earlier than he used to.
It's the only way the 32-year-old can be sure to catch a train that will get him to work in Manhattan without arriving late.
"It used to be on time, like clockwork," Feimster said. "Now the service his horrible." ...


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PAM DZAMA | I'm voting for voters' rights
The voters' right to initiative and referendum was an amendment to the Washington State Constitution and was initially referred by the Legislature to the people. The measure appeared on the ballot on Nov. 5, 1912 and amended Article II, Section I. It was approved by over 71 percent of the voters. The importance of the voters' ability to address issues directly through the initiative and referendum process has only grown in importance since that time over a century ago.
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3 keys to a successful 'sweat' job
3 keys to a successful 'sweat' job
Paul Bianchina
Inman News
Soldering pipes is one of those things that you might shy away as being too hard to learn, or something only the "pros" know how to do. But with the right tools and just a little bit of practice, it's a very useful home improvement skill to have.
Get the right tools and supplies
For soldering copper pipe, you'll first need to pick up a couple of tools, as well as few supplies (in addition to whatever pipe and fittings you need). They're not expensive, and you can get them wherever plumbing supplies are sold.
The first thing you'll need is a good torch. The least expensive is a simple propane torch, which is just a nozzle and a valve that attaches to a small, disposable propane cylinder. For a little more money -- and it's worth the investment -- you can get one that has a built-in lighter, which means you can skip the matches or the spark striker.
The better torches also work with MAPP gas (a modified propane), which produces a hotter flame. This is something that's a real advantage when working with larger-diameter pipe and heavier fittings such as valves.
The next thing you'll need is a tubing cutter. While copper pipe can be cut with a hacksaw, it's much better to use a tubing cutter. Tubing cutters have a small cutter wheel that comes in contact with the copper as the cutter is rotated around the pipe with increasing pressure, cutting through the pipe and producing a clean, square cut.
To ensure a good solder joint, the pipe and fitting have to be clean. For that, you'll need a pipe cleaning tool. This is simply a tool with wire brushes in different sizes that cleans both the inside of the fitting and the outer surface of the pipe. You can also use steel wool or emery cloth, but the cleaning tool is faster and easier for the common 1/2- and 3/4-inch pipes used most often.
Finally, you'll need lead-free solder and acid-free flux or tinning flux, plus a disposable flux brush.
Successful soldering
The outside diameter of a copper pipe is slightly smaller in diameter than the inside of the copper fitting. The idea with soldering -- also called "sweating a pipe" -- is to fill all of that tiny space between the pipe and the fitting with liquid solder. There are three keys to success here: a clean joint, flux and proper temperature.
Cut your pipe to length, and make sure everything is ready to go. Next, clean the end of the pipe and the inside of the fitting with your cleaning brush or other abrasive. Both the pipe and the fittings should look bright, clean and shiny.
Once they're clean, you next want to apply the flux. Flux helps to further clean the copper, and it also prevents further oxidation during the soldering process and promotes smooth flow of the solder into the joint. Flux comes in a paste form in a small can or jar. It's applied to the end of the pipe and the inside of the fitting using a small, stiff brush.
Use caution when applying the flux, as it contains chemicals that can be harmful if you get it in your eyes, mouth or open cuts. Read and follow all label instructions carefully! Also, be careful where you set the brush, as the flux is somewhat sticky and it's easy to pick up dirt and other impurities. If the brush gets dirty, either wipe it clean with a rag, or toss it and use a new one.
Next, assemble the joint by slipping the pipe into the fitting until it bottoms out completely. Rotate the pipe inside the fitting a little to spread the flux. Support the pipe so that the joint stays completely seated during the soldering process. If possible, set up several joints at the same time prior to soldering, so that working on one joint doesn't disturb the prior joint before it's had a chance to cool.
However, don't get too far ahead of yourself. You want to complete the soldering as soon as possible after the joints have been cleaned and fluxed, to prevent the flux from drying out and becoming ineffective.
Now you're ready to solder. The trick is to heat the fitting, not the solder. The fitting needs to be hot enough to allow the solder to melt and flow, but not so hot that the flux begins to smoke.
Position your torch so that the blue part of the flame is about 1-2 inches from the fitting. Heat the fitting until the flux begins to sizzle, which usually only takes a few seconds. Next, unroll several inches of solder off the roll, and bend about an inch at the end into a 45-degree angle. Now you can test the joint by touching the solder against the seam of the fitting on the side opposite from where the torch is. When the fitting is hot enough, the solder will melt easily. When the whole fitting is properly heated, solder will be sucked very quickly into the joint by way of capillary action.
Be careful!
Needless to say, you're working with open flame, often in confined areas. Be careful! Always be very aware of where you're pointing the flame. Keep the torch off until you're ready to solder, and shut it off between joints. When soldering close to wood and other flammables, use a shield of some sort to avoid igniting the wood. And please be very careful around dryer lint -- it's extremely flammable!
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