Proposed rules on sexting, toxics, higher public record fees, easier UGB changes outside Portland

Proposed Oregon Administrative Rule (OAR) changes include changes to policies for setting urban growth boundaries (UGBs), charging citizens more for public records, creating a registry for chemicals that are toxic to kids, and adding sexting to the definition of “sexual misconduct” for doctors
Every part of Oregon state government has administrative rules. These rules extend to nearly every aspect of daily lives. They can be critical to you and your family or job in unexpected ways.

Under Oregon’s Constitution, the Oregon Legislature passes the state laws that apply in Oregon. (Congress passes federal laws. They apply in Oregon as well, under part of the U.S. Constitution known as the Supremacy Clause, which says that the Constitution, federal laws and treaties take priority over any state’s laws if the state law conflicts with the federal law.)

The Legislature compiles its state laws into statutes that are organized according by topic chapters, such as Chapter 90 that deals with the law concerning residential rental properties. The whole collection of state laws, Chapter 1 to Chapter 838, is called the Oregon Revised Statutes

In Oregon as everywhere else, things are more complicated than statutes can really address properly in detail. As a result, the Legislature directs state agencies to create rules to fill in the details of the framework created by the statutes. Even though these rules are not laws passed by the Legislature, they have the force of law once they are properly issued under the Oregon Administrative Procedures Act. They are published as the Oregon Administrative Rules.

But since state administrative agencies don’t operate in public view the way the Legislature does, the Legislature makes agencies submit their proposed new rules and rule changes to the public through what is called a “notice and comment” period — a period of time when the agency is supposed to seek public comment and consider it before finalizing the rule.

In what will become an occasional feature about these important — but often overlooked — rules, OregonPEN is printing some of the most significant rules currently in the notice and comment period, in the hope that greater attention to these rules will help the public and, ultimately, produce better rules.

Oregon Administrative Rules – Proposed Changes

Excerpted and modified, from – Secretary of State Bulletin - Notice of Proposed Rulemaking
Rule Caption: Alternative, streamlined process for evaluation and amendment of urban growth boundaries (UGB)
Date:   Time:   Location:
12-3-15    8 a.m.   DLCD Basement Hearing Rm.      635 Capitol St. NE      Salem, OR 97301
Hearing Officer: Land Conservation and Development Commission
Stat. Auth.: ORS 197.040, 197.235 & 197A.305
Other Auth.: ORS 195, 197 & Statewide Planning Goals (OAR 660-015)
Stats. Implemented: ORS 197A.300–197A.325
Proposed Adoptions: Rules in 660-024, 660-038
Proposed Amendments: Rules in 660-015, 660-024
Last Date for Comment: 12-3-15, Close of Hearing

Summary:  The proposed new rules and rule amendments, and conforming amendments to statewide planning Goal 14, will establish an optional alternative, streamlined process for local governments outside of Metro to evaluate and amend urban growth boundaries (UGBs) and will implement related legislation enacted by the 2013 Oregon Legislature (HB 2254, codified as ORS 197A) which requires LCDC to adopt administrative rules establishing the new alternative UGB process by January 1, 2016. In addition, the new and amended rules will provide interpretive guidance to provisions at ORS 197A.320 that apply to both the existing UGB process described in OAR chapter 660, division 24 and the proposed new alternative process. The agency requests public comment on whether other options should be considered for achieving the rule’s substantive goals while reducing the negative economic impact of the rule on business.

LCDC will hold a public hearing on the proposed rules at the time and locations indicated above. LCDC may adopt the rules after the hearing. The public is encouraged to provide comments prior to the hearing.
Rules Coordinator: Casaria Taylor
Address: Land Conservation and Development Department, 635 Capitol St. NE, Suite 150, Salem, OR 97301
Telephone: (503) 373-0050, ext. 322

OREGON DEPARTMENT OF AVIATION  – Increase cost to obtain public records

Rule Caption: Public Records Access and Fees
Stat. Auth.: ORS 192.430, 192.440, 835.035, 835.112
Stats. Implemented: ORS 192.410–192.505
Proposed Amendments: 738-001-0035
Last Date for Comment: 11-23-15, Close of Business

Summary: This rule amendment simply raises the cost of public records photocopy fees from $0.20 to $0.25; reduces the amount of free staff time from 30 minutes to 15 minutes; and increases labor rates for public records requests from $15 to $50 per hour for professional staff time, and $60 per hour for managerial staff time. These changes are designed to allow ODA to recapture costs incurred commensurate with inflation and increasing frequency of public records requests.

Rules Coordinator: Lauri Kunze
Address: Oregon Department of Aviation, 3040 25th St. SE, Salem, OR 97302-1125
Telephone: (503) 986-3171

OREGON HEALTH AUTHORITY – Identify chemicals toxic to kids
Rule Caption: List of high priority chemicals of concern for children’s health when used in children’s products
Date:   Time:   Location:
11-19-15    10 a.m.   Portland State Office Bldg.      800 NE Oregon St. Rm. 1C      Portland, OR 97232
Hearing Officer: Jana Fussell
Stat. Auth.: 2015 OL Ch. 786
Stats. Implemented: 2015 OL Ch. 786
Proposed Adoptions: 333-016-2000, 333-016-2010, 333-016-2020, 333-016-2030
Last Date for Comment: 11-23-15, 5 p.m.

Summary: The Oregon Health Authority (Authority), Public Health Division is proposing to permanently adopt administrative rules in chapter 333, division 16 related to high priority chemicals of concern for children’s health.

SB 478 (Oregon Laws 2015, chapter 786) was passed by the Oregon Legislature during the 2015 legislative session. The law requires the Authority to maintain a list of high priority chemicals of concern for children’s health when used in children’s products. The law states that the initial Authority list shall “include on the list chemicals that are listed on the Washington State Department of Ecology’s Reporting List of Chemicals of High Concern to Children”. These proposed rules establish the initial list of high priority chemicals of concern for children’s health when used in children’s products that a manufacturer of children’s products sold or offered for sale in this state shall provide biennial notice to the Oregon Health Authority beginning on January 1, 2018. This rulemaking is only establishing the list of high priority chemicals of concern for children’s health when used in children’s products. No requirements are being imposed on manufacturers at this time.

Rules Coordinator: Brittany Sande
Address: Oregon Health Authority, Public Health Division, 800 NE Oregon St., Suite 930, Portland, OR 97232
Telephone: (971) 673-1291

OREGON MEDICAL BOARD – Define “sexual misconduct” for doctors
Rule Caption: Updates to the definitions of sexual misconduct and licensee impairment
Stat. Auth.: ORS 676.150, 677.205 & 677.265
Stats. Implemented: ORS 676.150, 677.092, 677.190, 677.205, 677.265 & 677.415
Proposed Amendments: 847-010-0073
Last Date for Comment: 11-23-15, Close of Business

Summary: The proposed rule amendment revises the definition of “sexual misconduct” to include electronic forms of communication such as text message and e-mail under the “sexual impropriety heading.” The proposed amendment also clarifies that the use of alcohol or other substances, including the legal use of recreational marijuana, should not be used while a licensee is working in any capacity or used while off duty if it may cause impairment while on duty. The proposed rule amendment also removes section (8), which allows a civil penalty to be issued through an administrative process to licensees who fail to report as required by statute and this rule. The proposed amendment includes an update to the name of the Board.

Rules Coordinator: Nicole Krishnaswami
Address: Oregon Medical Board, 1500 SW 1st Ave., Suite 620, Portland, OR 97201
Telephone: (971) 673-2667