OREGON BULLETIN Supplements the 2014 Oregon Administrative Rules Compilation Volume 53, No. 4 April 1, 2014 For February 16, 2014–March 15, 2014 Published by KATE BROWN Secretary of State Copyright 2014 Oregon Secretary of State INFORMATION ABOUT ADMINISTRATIVE RULES General Information November 15 of the previous year. Administrative Rules created or The Administrative Rules Unit, Archives Division, Secretary of changed after publication in the print Compilation will appear in a State publishes the Oregon Administrative Rules Compilation and the subsequent edition of the online Bulletin. These are listed by rule online Oregon Bulletin. The Oregon Administrative Rules number in the Bulletin’s OAR Revision Cumulative Index, which is Compilation is an annual print publication containing complete text updated monthly. The listings specify each rule’s effective date, rule- of Oregon Administrative Rules (OARs) filed through November 15 making action, and the issue of the Bulletin that contains the full text of the previous year. The Oregon Bulletin is a monthly online sup- of the adopted or amended rule. plement that contains rule text adopted or amended after publication Locating Administrative Rule Publications of the print Compilation, as well as Notices of Proposed Rulemak- ing and Rulemaking Hearing. The Bulletin also includes certain non- Printed volumes of the Compilation are deposited in Oregon’s OAR items when they are submitted, such as Executive Orders of the Public Documents Depository Libraries listed in OAR 543-070- Governor, Opinions of the Attorney General and Department of 0000. Complete sets and individual volumes of the printed OAR Environmental Quality cleanup notices. Compilation may be ordered from the Administrative Rules Unit, Archives Division, 800 Summer Street NE, Salem, Oregon 97301, Background on Oregon Administrative Rules (503) 373-0701. ORS 183.310(9) defines “rule” as “any agency directive, standard, Filing Adminstrative Rules and Notices regulation or statement of general applicability that implements, interprets or prescribes law or policy, or describes the procedure or All hearing and rulemaking notices, and permanent and temporary practice requirements of any agency.” Agencies may adopt, amend, rules, are filed through the Administrative Rules Unit’s online filing repeal or renumber rules, permanently or temporarily (up to 180 system. To expedite the rulemaking process, agencies are encouraged days), using the procedures outlined in the Oregon Attorney to file a Notice of Proposed Rulemaking Hearing specifying hearing General’s Administrative Law Manual. The Administrative Rules date, time and location, and to submit their filings early in the sub- Unit assists agencies with the notification, filing and publication mission period. All notices and rules must be filed by the 15th of the requirements of the administrative rulemaking process. month to be included in the next month’s Bulletin and OAR Compilation postings. Filings must contain the date stamp from the OAR Citations deadline day or earlier to be published the following month. Every Administrative Rule uses the same numbering sequence of a three-digit chapter number followed by a three-digit division Administratrative Rules Coordinators and number and a four-digit rule number (000-000-0000). For example, Delegation of Signing Authority Oregon Administrative Rules, chapter 166, division 500, rule 0020 Each agency that engages in rulemaking must appoint a rules is cited as OAR 166-500-0020. coordinator and file an Appointment of Agency Rules Coordinator form with the Administrative Rules Unit. Agencies that delegate rule- Understanding an Administrative Rule’s “History” making authority to an officer or employee within the agency must State agencies operate in an environment of ever-changing laws, also file a Delegation of Rulemaking Authority form. It is the public concerns and legislative mandates which necessitate ongoing agency’s responsibility to monitor the rulemaking authority of select- rulemaking. To track changes to individual rules and organize the ed employees and keep the forms updated. The Administrative Rules original rule documents for permanent retention, the Administrative Unit does not verify agency signatures as part of the rulemaking Rules Unit maintains history lines for each rule, located at the end process. of the rule text. OAR histories contain the rule’s statutory authori- ty, statutes implemented and dates of each authorized modification Publication Authority to the rule text. Changes are listed chronologically in abbreviated The Oregon Bulletin is published pursuant to ORS 183.360(3). form, with the most recent change listed last. In the history line “OSA Copies of the original Administrative Orders may be obtained from 4-1993, f. & cert. ef. 11-10-93,” for example, “OSA” is short for Ore- the Archives Division, 800 Summer Street, Salem, Oregon, 97310; gon State Archives; “4-1993” indicates this was 4th administrative (503) 373-0701. The Archives Division charges for such copies. rule filing by the Archives in 1993; “f. & cert. ef. 11-10-93” means the rule was filed and certified effective on November 10, 1993. The official copy of an Oregon Administrative Rule is contained Locating Current Versions of Administrative Rules in the Administrative Order filed at the Archives Division. Any discrepancies with the published version are satisfied in favor of the The online version of the OAR Compilation is updated on the first Administrative Order. of each month to include all rule actions filed with the Administra- tive Rules Unit by the 15th of the previous month. The annual print- © January 1, 2014 Oregon Secretary of State. All rights reserved. ed OAR Compilation volumes contain text for all rules filed through Reproduction in whole or in part without written permission is prohibited. Oregon Bulletin April 2014: Volume 53, No. 4 2 TABLE OF CONTENTS Page Board of Examiners for Speech-Language Pathology Information About Administrative Rules........................2 and Audiology, Chapter 335....................................................22 Table of Contents ...............................................................3 Board of Nursing, Chapter 851 ..............................................22–24 Executive Orders Board of Parole and Post-Prison Supervision, ................................................................4 Chapter 255........................................................................24, 25 Other Notices..................................................................5, 6 Board of Pharmacy, Chapter 855 .................................................25 Notices of Proposed Rulemaking Hearings/Notices Bureau of Labor and Industries, Chapter 839........................25, 26 The citations and statements required by ORS 183.335(2)(b)(A)–(D) Department of Agriculture, Chapter 603................................26–30 have been filed with and are available from the Secretary of State. Department of Community Colleges and Workforce Board of Architect Examiners, Chapter 806 ..................................7 Development, Chapter 589................................................30–35 Board of Medical Imaging, Chapter 337 .......................................7 Department of Consumer and Business Services, Bureau of Labor and Industries, Chapter 839............................7, 8 Building Codes Division, Chapter 918....................................35 Construction Contractors Board, Chapter 812...............................8 Workers’ Compensation Division, Chapter 436................35–55 Department of Administrative Services, Chapter 125 ...................8 Department of Corrections, Chapter 291 ...............................55–58 Department of Agriculture, Chapter 603........................................8 Department of Energy, Chapter 330.............................................58 Department of Agriculture, Department of Fish and Wildlife, Chapter 635......................58–75 Oregon Albacore Commission, Chapter 972.........................8, 9 Department of Human Services, Oregon Orchardgrass Seed Producers Commission, Aging and People with Disabilities and Developmental Chapter 655...........................................................................9 Disabilities, Chapter 411...............................................75–80 Oregon Processed Vegetable Commission, Self-Sufficiency Programs, Chapter 461...........................80–82 Chapter 647...........................................................................9 Department of Public Safety Standards and Training, Oregon Salmon Commission, Chapter 646...............................9 Chapter 259........................................................................82–87 Department of Consumer and Business Services, Department of Transportation, Insurance Division, Chapter 836.........................................9, 10 Highway Division, Chapter 734........................................87–89 Oregon Occupational Safety and Health Division, Transportation Safety Division, Chapter 737..........................89 Chapter 437...................................................................10, 11 Employment Department, Chapter 471..................................89, 90 Department of Corrections, Chapter 291 .....................................11 Employment Relations Board, Chapter 115...........................90–93 Department of Environmental Quality, Chapter 340 .............11, 12 Higher Education