OREGON BULLETIN Supplements the 2011 Oregon Administrative Rules Compilation Volume 50, No. 3 March 1, 2011 For January 18, 2011–February 15, 2011 Published by KATE BROWN Secretary of State Copyright 2011 Oregon Secretary of State INFORMATION AND PUBLICATION SCHEDULE General Information issue of the Bulletin that contains the full text of the amended rule. The Bulletin contains the full text of permanent and temporary rules The Administrative Rules Unit, Archives Division, Secretary filed for publication. of State publishes the Oregon Administrative Rules Compilation and the on-line Oregon Bulletin. The Oregon Administrative Rules Locating Administrative Rules Unit Publications Compilation is an annual print publication containing the complete The Oregon Administrative Rules Compilation and the Oregon text of Oregon Administrative Rules (OARs) filed during the Bulletin are available on-line through the Oregon State Archives web previous year through November 15, or the last workday before that site at <http://arcweb.sos.state.or.us>. Printed volumes of the Com- if the 15th falls on a weekend or holiday. The Oregon Bulletin is a pilation are deposited in Oregon’s Public Documents Depository monthly on-line supplement that contains rule text amended after Libraries listed in OAR 543-070-0000. Complete sets and individ- publication of the print Compilation, as well as proposed rulemaking ual volumes of the Compilation may be ordered by contacting: and rulemaking hearing notices. The Bulletin also publishes certain Administrative Rules Unit, Archives Division, 800 Summer Street non-OAR items such as Executive Orders of the Governor, Opinions NE, Salem, OR 97310, (503) 373-0701, [email protected] of the Attorney General, and Department of Environmental Quality cleanup notices. 2010–2011 Oregon Bulletin Publication Schedule Background on Oregon Administrative Rules The Administrative Rules Unit accepts proposed rulemaking notices and administrative rule filings Monday through Friday, 8:00 ORS 183.310(9) defines “rule” as “any agency directive, standard, am to 5:00 pm, at the Oregon State Archives, 800 Summer Street NE, regulation or statement of general applicability that implements, Salem, Oregon 97310. To expedite the rulemaking process agencies interprets or prescribes law or policy, or describes the procedure or are encouraged file a Notice of Proposed Rulemaking Hearing practice requirements of any agency.” Agencies may adopt, amend, specifying hearing date, time and location, and submit their filings repeal or renumber rules, permanently or temporarily (up to 180 early in the submission period to meet the following deadlines: days), using the procedures outlined in the Oregon Attorney Gener- al’s Administrative Law Manual. The Administrative Rules Unit assists agencies with the notification, filing and publication require- Submission Deadline — Publishing Date ments of the administrative rulemaking process. December 15, 2010 January 1, 2011 How to Cite January 14, 2011 February 1, 2011 February 15, 2011 March 1, 2011 Every administrative rule uses the same numbering sequence of March 15, 2011 April 1, 2011 a three-digit chapter number followed by a three-digit division num- April 15, 2011 May 1, 2011 ber and a four-digit rule number (000-000-0000). Example: Oregon May 13, 2011 June 1, 2011 Administrative Rules, chapter 166, division 500, rule 0020 (short June 15, 2011 July 1, 2011 form: OAR 166-500-0020). July 15, 2011 August 1, 2011 August 15, 2011 September 1, 2011 Understanding an Administrative Rule’s “History” September 15, 2011 October 1, 2011 October 14, 2011 November 1, 2011 State agencies operate in a dynamic environment of ever-chang- November 15, 2011 December 1, 2011 ing laws, public concerns and legislative mandates which necessitate ongoing rulemaking. To track changes to individual rules and organ- ize the rule filing forms for permanent retention, the Administrative Reminder for Agency Rules Coordinators Rules Unit has developed for each rule a “history” which is located at the end of the rule text. An administrative rule “history” outlines Each agency that engages in rulemaking must appoint a rules coor- the statutory authority, statutes implemented and dates of each dinator and file an “Appointment of Agency Rules Coordinator” authorized modification to the rule text. Changes are listed in chrono- form, ARC 910-2003, with the Administrative Rules Unit, Archives Division, Secretary of State. Agencies which delegate rulemaking logical order and identify in abbreviated form the agency, filing num- authority to an officer or employee within the agency must also file ber, year, filing date and effective date. For example: “OSA 4-1993, a “Delegation of Rulemaking Authority” form, ARC 915-2005. It is f. & cert. ef. 11-10-93” documents a rule change made by the the agency’s responsibility to monitor the rulemaking authority of Oregon State Archives (OSA). The history notes this was the 4th selected employees and to keep the appropriate forms updated. The filing from the Archives in 1993, it was filed on November 10, 1993 Administrative Rules Unit does not verify agency signatures as part and the rule changes became effective on the same date. The most of the rulemaking process. Forms are available from the Adminis- recent change to each rule is listed at the end of the “history.” trative Rules Unit, Archives Division, 800 Summer Street NE, Salem, Oregon 97301, (503) 373-0701, or are downloadable at <http:// Locating the Most Recent Version of arcweb.sos.state.or.us/banners/rules.htm> an Administrative Rule The on-line OAR Compilation is updated on the first of each month Publication Authority to include all rule actions filed with the Administrative Rules Unit, The Oregon Bulletin is published pursuant to ORS 183.360(3). Secretary of State’s office by the 15th of the previous month, or by Copies of the original Administrative Orders may be obtained from the last workday before the 15th if that date falls on a weekend or the Archives Division, 800 Summer Street, Salem, Oregon, 97310; holiday. The annual printed OAR Compilation contains the full text (503) 373-0701. The Archives Division charges for such copies. of all rules filed during the previous year through November 15, or the last workday before that if the 15th falls on a weekend or holiday. Subsequent changes to individual administrative rules are listed by rule number in the OAR Revision Cumulative Index which is published monthly in the on-line Oregon Bulletin. These listings © January 1, 2011 Oregon Secretary of State. All rights reserved. Reproduction include the effective date, the specific rulemaking action, and the in whole or in part without written permission is prohibited. Oregon Bulletin March 2011: Volume 50, No. 3 2 TABLE OF CONTENTS Page Board of Tax Practitioners, Chapter 800................................24–31 Information and Publication Schedule ..............................2 Bureau of Labor and Industries, Chapter 839........................31, 32 Table of Contents ................................................................3 Department of Agriculture, Chapter 603................................32–34 Executive Orders .............................................................4, 5 Department of Agriculture, Oregon Sheep Commission, Chapter 644 ...............................34 Other Notices....................................................................6, 7 Department of Consumer and Business Services, Notices of Proposed Rulemaking Hearings/Notices Building Codes Division, Chapter 918..............................34–36 The citations and statements required by ORS 183.335(2)(b)(A)–(D) Division of Finance and Corporate Securities, have been filed with and are available from the Secretary of State. Chapter 441...................................................................36–38 Board of Chiropractic Examiners, Chapter 811.............................8 Insurance Division, Chapter 836 .......................................38–43 Department of Agriculture, Oregon Occupational Safety and Health Division, Oregon Dairy Products Commission, Chapter 617...................8 Chapter 437...................................................................43–49 Department of Community Colleges and Workforce Department of Corrections, Chapter 291 ...............................49, 50 Development, Chapter 589....................................................8, 9 Department of Fish and Wildlife, Chapter 635......................50–68 Department of Consumer and Business Services, Department of Human Services, Building Codes Division, Chapter 918......................................9 Children, Adults and Families Division: Department of Energy, Chapter 330...............................................9 Self-Sufficiency Programs, Chapter 461 ......................68–70 Department of Environmental Quality, Chapter 340 ...............9, 10 Vocational Rehabilitation Services, Chapter 582 .........71–82 Department of Fish and Wildlife, Chapter 635............................10 Seniors and People with Disabilities Division, Department of Human Services, Chapter 411.................................................................82–111 Seniors and People with Disabilities Division, Department of Justice, Chapter 137...........................................111 Chapter 411.........................................................................10 Department of Oregon State Police, Chapter 257..............111–115 Department of Justice,