OREGON BULLETIN Supplements the 2012 Oregon Administrative Rules Compilation Volume 51, No. 10 October 1, 2012 For August 16, 2012–September 14, 2012 Published by KATE BROWN Secretary of State Copyright 2012 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 text of Oregon Administrative Rules (OARs) filed during the The Oregon Administrative Rules Compilation and the Oregon previous year through November 15, or the last workday before that Bulletin are available on-line through the Oregon State Archives web if the 15th falls on a weekend or holiday. The Oregon Bulletin is a site at <http://arcweb.sos.state.or.us>. Printed volumes of the Com- monthly on-line supplement that contains rule text amended after pilation are deposited in Oregon’s Public Documents Depository publication of the print Compilation, as well as proposed rule making Libraries listed in OAR 543-070-0000. Complete sets and individ- and rulemaking hearing notices. The Bulletin also publishes certain ual volumes of the Compilation may be ordered by contacting: non-OAR items such as Executive Orders of the Governor, Opinions Administrative Rules Unit, Archives Division, 800 Summer Street of the Attorney General, and Department of Environmental Quality NE, Salem, OR 97310, (503) 373-0701, [email protected] cleanup notices. 2011–2012 Oregon Bulletin Publication Schedule Background on Oregon Administrative Rules The Administrative Rules Unit accepts proposed rulemaking ORS 183.310(9) defines “rule” as “any agency directive, standard, notices and administrative rule filings Monday through Friday, 8:00 regulation or statement of general applicability that implements, am to 5:00 pm, at the Oregon State Archives, 800 Summer Street NE, interprets or prescribes law or policy, or describes the procedure or Salem, Oregon 97310. To expedite the rulemaking process agencies practice requirements of any agency.” Agencies may adopt, amend, are encouraged file a Notice of Proposed Rulemaking Hearing repeal or renumber rules, permanently or temporarily (up to 180 specifying hearing date, time and location, and submit their filings days), using the procedures outlined in the Oregon Attorney Gener- early in the submission period to meet the following deadlines: 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, 2011 January 1, 2012 How to Cite January 13, 2012 February 1, 2012 February 15, 2012 March 1, 2012 Every administrative rule uses the same numbering sequence of March 15, 2012 April 1, 2012 a three-digit chapter number followed by a three-digit division num- April 13, 2012 May 1, 2012 ber and a four-digit rule number (000-000-0000). Example: Oregon May 15, 2012 June 1, 2012 Administrative Rules, chapter 166, division 500, rule 0020 (short June 15, 2012 July 1, 2012 form: OAR 166-500-0020). July 13, 2012 August 1, 2012 August 15, 2012 September 1, 2012 Understanding an Administrative Rule’s “History” September 14, 2012 October 1, 2012 October 15, 2012 November 1, 2012 State agencies operate in a dynamic environment of ever-chang- November 15, 2012 December 1, 2012 ing laws, public concerns and legislative mandates which necessi- tate ongoing rulemaking. To track changes to individual rules and organize the rule filing forms for permanent retention, the Admin- Reminder for Agency Rules Coordinators istrative Rules Unit has developed for each rule a “history” which Each agency that engages in rulemaking must appoint a rules coor- is located at the end of the rule text. An administrative rule “histo- dinator and file an “Appointment of Agency Rules Coordinator” ry” outlines the statutory authority, statutes implemented and dates form, ARC 910-2011, with the Administrative Rules Unit, Archives of each authorized modification to the rule text. Changes are listed Division, Secretary of State. Agencies which delegate rulemaking in chronological order and identify in abbreviated form the agency, authority to an officer or employee within the agency must also file filing number, year, filing date and effective date. For example: a “Delegation of Rulemaking Authority” form, ARC 915-2005. It is “OSA 4-1993, f. & cert. ef. 11-10-93” documents a rule change made the agency’s responsibility to monitor the rulemaking authority of by the Oregon State Archives (OSA). The history notes this was the selected employees and to keep the appropriate forms updated. The 4th filing from the Archives in 1993, it was filed on November 10, Administrative Rules Unit does not verify agency signatures as part 1993 and the rule changes became effective on the same date. The of the rulemaking process. Forms are available from the Adminis- most 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 Locating the Most Recent Version of <http://arcweb.sos.state.or.us/pages/rules/index.html> an Administrative Rule Publication Authority The on-line OAR Compilation is updated on the first of each month to include all rule actions filed with the Administrative Rules The Oregon Bulletin is published pursuant to ORS 183.360(3). Unit, Secretary of State’s office by the 15th of the previous month, Copies of the original Administrative Orders may be obtained from or by the last workday before the 15th if that date falls on a week- the Archives Division, 800 Summer Street, Salem, Oregon, 97310; end or holiday. The annual printed OAR Compilation contains the full (503) 373-0701. The Archives Division charges for such copies. text 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 Note: The official copy of an Oregon Administrative Rule is contained in the holiday. Subsequent changes to individual administrative rules are Administrative Order filed at the Archives Division. Any discrepancies with the published version are satisfied in favor of the Administrative Order. listed by rule number in the OAR Revision Cumulative Index which is published monthly in the on-line Oregon Bulletin. These listings © January 1, 2012 Oregon Secretary of State. All rights reserved. Repro - include the effective date, the specific rulemaking action, and the duction in whole or in part without written permission is prohibited. Oregon Bulletin October 2012: Volume 51, No. 10 2 TABLE OF CONTENTS Page Department of Consumer and Business Services, Information and Publication Schedule ..............................2 Building Codes Division, Chapter 918 .............................26, 27 Table of Contents .................................................................3 Insurance Division, Chapter 836 .............................................27 Other Notices....................................................................4–8 Oregon Occupational Safety and Health Division, Chapter 437...................................................................27–32 Notices of Proposed Rulemaking Hearings/Notices Workers’ Compensation Board, Chapter 438....................32–36 The citations and statements required by ORS 183.335(2)(b)(A)–(D) Department of Corrections, Chapter 291 ...............................36–40 have been filed with and are available from the Secretary of State. Department of Fish and Wildlife, Chapter 635......................40–48 Board of Architect Examiners, Chapter 806 ..................................9 Department of Human Services, Board of Chiropractic Examiners, Chapter 811.............................9 Children, Adults and Families Division: Board of Psychologist Examiners, Chapter 858 ............................9 Child Welfare Programs, Chapter 413..........................48–50 Bureau of Labor and Industries, Chapter 839................................9 Self-Sufficiency Programs, Chapter 461 ......................50–51 Construction Contractors Board, Chapter 812.........................9, 10 Seniors and People with Disabilities Division, Department of Agriculture, Chapter 603......................................10 Chapter 411...................................................................51–63 Department of Community Colleges and Workforce Department of Justice, Chapter 137.......................................63, 64 Development, Chapter 589................................................10, 11 Department of Oregon State Police, Chapter 257..................64, 65 Department of Consumer and Business Services, Department of Public Safety Standards and Training, Division of Finance and Corporate Securities, Chapter 441.........................................................................11 Chapter 259........................................................................65–81 Insurance Division, Chapter 836 .......................................11, 12 Department of Transportation, Workers’ Compensation Board, Chapter