reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 339 - OCCUPATIONAL THERAPY LICENSING BOARD › Division 10 - IMPLEMENTATION AND ADMINISTRATION OF THE OCCUPATIONAL THERAPY PRACTICE ACT › Section 339-010-0021 - Imposition of Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Imposition of a civil penalty does not
			 preclude disciplinary sanction against the occupational
			 therapist's/occupational therapy assistant's license. Disciplinary sanction
			 against the occupational therapist's/occupational assistant/s license does not
			 preclude imposing a civil penalty. Criminal conviction does not preclude
			 imposition of a civil penalty for the same offense.
(2) The civil penalty shall be payable to the
			 Board by credit card, cashier's check or money order.
(3) Civil penalties shall be imposed
			 according the following schedule in the absence of a finding of aggravating or
			 mitigating circumstances (per OAR 339-010-0022):
(a) Practicing or assisting in occupational
			 therapy practice as defined in ORS
			 675.220(1)
			 and
			 675.222 without a current Oregon license or limited permit due to nonpayment of fees,
			 $250 per month.
(b) Practicing or
			 assisting in occupational therapy practice as defined in ORS
			 675.220(1)
			 and
			 675.222 without a current Oregon license or limited permit, not related to nonpayment
			 of fee, $1,000;
(c) Unprofessional
			 conduct by a licensee or limited permittee, $1,000;
(d) Violation of ORS
			 675.210 to
			 675.340 or
			 any rule of the Board unless otherwise provided in this schedule,
			 $1,000;
(e) Gross negligence in the
			 practice of occupational therapy, $1,000;
(f) Knowingly employing an individual to
			 practice occupational therapy when the individual does not have a current,
			 valid Oregon license or permit, $1,000;
(g) Knowingly making a false statement to the
			 Board, $1,000;
(h) Practicing
			 occupational therapy outside the scope for which the license or permit is
			 issued, $1,000;
(i) Obtaining or
			 attempting to obtain a license or permit or a renewal of a license or permit by
			 bribery or misrepresentation, $1,000;
(j) Purporting to be a licensee or permittee
			 when the person does not hold a valid license or permit, $1,000;
(k) Practicing occupational therapy under a
			 false or assumed name, $500;
(l)
			 Conviction of a crime where such crime bears a demonstrable relationship to the
			 practice of occupational therapy, $1,000;
(m) Undertaking to act as an occupational
			 therapy assistant independently of the supervision of an occupational therapist
			 licensed by the Oregon Occupational Therapy Licensing Board, $500.
Oregon Administrative Rules › Chapter 339 - OCCUPATIONAL THERAPY LICENSING BOARD › Division 10 - IMPLEMENTATION AND ADMINISTRATION OF THE OCCUPATIONAL THERAPY PRACTICE ACT › Section 339-010-0022 - Aggravation and Mitigation

Current through Register Vol. 63, No. 7, July 1, 2024
After misconduct has been established, aggravating and
				mitigating circumstances may be considered in deciding what sanction to impose.
				The following factors will be considered in determining the dollar amount to
				include, but not limited to:
(a)
			 Intent;
(b) Damage and injury to
			 client;
(c) Potential danger to
			 public health, safety and welfare;
(d) Severity and duration of the
			 incident;
(e) Prior disciplinary
			 offenses;
(f) A pattern of
			 misconduct;
(g) Multiple
			 offenses;
(h) Full and free
			 disclosure to disciplinary board or cooperative attitude toward
			 proceeding;
(i) Refusal to
			 acknowledge wrongful nature of conduct;
(j) Timely good faith effort to make
			 restitution or to rectify consequences of misconduct;
(k) Economic impact on the person being
			 sanctioned;
(l) Physical or mental
			 disability or impairment;
(m)
			 Interim rehabilitation;
(n)
			 Imposition of other penalties or sanctions.
Stat. Auth.: ORS
				  675.320(10)
Stats. Implemented: ORS
				  183.090 & ORS
				  675.337
Oregon Administrative Rules › Chapter 339 - OCCUPATIONAL THERAPY LICENSING BOARD › Division 10 - IMPLEMENTATION AND ADMINISTRATION OF THE OCCUPATIONAL THERAPY PRACTICE ACT › Section 339-010-0023 - License Renewals

Current through Register Vol. 63, No. 7, July 1, 2024
Each applicant for license renewal shall submit to the Board on
				or before May 31 of each even numbered year, a completed license renewal
				application and appropriate renewal fee. The renewal fees are
				non-refundable.
Statutory/Other Authority: ORS
				  675.320(10)(11)
Statutes/Other Implemented: ORS
				  675.336 &
				  675.337
Oregon Administrative Rules › Chapter 339 - OCCUPATIONAL THERAPY LICENSING BOARD › Division 10 - IMPLEMENTATION AND ADMINISTRATION OF THE OCCUPATIONAL THERAPY PRACTICE ACT › Section 339-010-0030 - Supervised Field Work

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of ORS
				675.240(1) and
				675.250(4),
				applicants who have successfully completed training and experience in the
				practice of occupational therapy as part of a planned program of study in an
				occupational therapist or occupational therapy assistant educational program
				approved by the Board shall be considered to have received supervised field
				work.
Stat. Auth.: ORS
				  675.320(10)
Stats. Implemented: ORS
				  675.210(4), ORS
				  675.240(1)
				  & (2), ORS 675.250(2)
				  & (3), ORS 675.300(1)(a)
				  & ORS 675.320(11)
Oregon Administrative Rules › Chapter 339 - OCCUPATIONAL THERAPY LICENSING BOARD › Division 10 - IMPLEMENTATION AND ADMINISTRATION OF THE OCCUPATIONAL THERAPY PRACTICE ACT › Section 339-010-0035 - Supervision of an Occupational Therapy Assistant

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person who is licensed as an
			 occupational therapy assistant may assist in the practice of occupational
			 therapy only under the supervision of a licensed occupational
			 therapist.
(2) Before an
			 occupational therapy assistant assists in the practice of occupational therapy:
(a) The occupational therapy assistant must
			 log into their online license portal with the board and record the name of the
			 licensed occupational therapist who will supervise them, the site where
			 supervision will take place and the supervision start date.
(b) The licensed occupational therapist whose
			 name is recorded in the online license portal with the board must log into
			 their online license portal and confirm their supervision of the occupational
			 therapy assistant by updating the approval status to "approved".
Oregon Administrative Rules › Chapter 339 - OCCUPATIONAL THERAPY LICENSING BOARD › Division 10 - IMPLEMENTATION AND ADMINISTRATION OF THE OCCUPATIONAL THERAPY PRACTICE ACT › Section 339-010-0040 - Limited Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A "limited
			 permit" is a temporary license to practice as an occupational therapist or
			 occupational therapy assistant for a specified period of time and may be issued
			 to applicants who meet the requirements of this rule.
(2) Students who have successfully completed
			 the educational and field work requirements and students who receive their
			 eligibility to take the NBCOT certification examination, but do not yet have
			 their test results, may apply for a limited permit to practice occupational
			 therapy for a period of 90 calendar days.
(3) Persons practicing occupational therapy
			 in another country who are graduates of a World Federation of Occupational
			 Therapists' approved school and who receive their eligibility to take the NBCOT
			 certification examination, but do not yet have their test results, may apply
			 for a limited permit to practice occupational therapy for a period of 90
			 calendar days.
(4) Anyone
			 practicing occupational therapy under limited permit may only practice under at
			 least routine supervision (as defined in OAR 339-010-0005(1)(b)) by an Oregon
			 licensed occupational therapist.
(5) Applicants under sections (2) and (3) of
			 this rule:
(a) Shall submit an application in
			 a manner provided by the Board with payment of a permit fee of $25;
(b) Must submit an official transcript and/or
			 other verification of having successfully completed academic and supervised
			 field work requirements as set forth in ORS 675.240 and 675.250;
(c) Must show evidence of being approved to
			 take the NBCOT certification examination;
(d) Must have on file with the board prior to
			 starting work, the licensed occupational therapist who will supervisor the
			 limited permit holder. "On file with the board" means that the licensed
			 occupational therapist supervisor's name, site of supervision and supervision
			 start date has been entered into the licensees record in the License Portal and
			 entered into approved status by the supervising occupational
			 therapist.
Oregon Administrative Rules › Chapter 339 - OCCUPATIONAL THERAPY LICENSING BOARD › Division 10 - IMPLEMENTATION AND ADMINISTRATION OF THE OCCUPATIONAL THERAPY PRACTICE ACT › Section 339-010-0045 - Application for Temporary License by Military Spouse or Domestic Partner

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Military
			 spouse or domestic partner" means a spouse or domestic partner of an active
			 member of the Armed Forces of the United States who is stationed in
			 Oregon.
(2) A qualifying military
			 spouse or domestic partner shall be granted a temporary, non-renewable license
			 as an Occupational Therapist or Occupational Therapy Assistant, valid until the
			 earliest of the following:
(a) Two years from
			 issuance;
(b) The date the spouse
			 or domestic partner of the temporary license holder completes his or her term
			 of military service in Oregon; or
(c) The date the temporary license holder's
			 license to practice as an occupational therapist or occupational therapy
			 assistant in another state, used to qualify for licensure under this rule,
			 expires.
Oregon Administrative Rules › Chapter 339 - OCCUPATIONAL THERAPY LICENSING BOARD › Division 10 - IMPLEMENTATION AND ADMINISTRATION OF THE OCCUPATIONAL THERAPY PRACTICE ACT › Section 339-010-0050 - Occupational Therapy Services for Children and Youth in Education and Early Childhood Programs Regulated by Federal Laws

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions: This rule applies to all
			 occupational therapy practitioners who include both occupational therapists and
			 occupational therapy assistants as defined in OAR 339-010-0005. All other rules
			 regarding Occupational Therapy practitioners apply notwithstanding what is
			 found in these rules as they apply to practitioners in the education setting.
(a) "Children and youth" refers to a child or
			 student determined to be eligible for services under IDEA or Section 504. Part
			 B under IDEA describes requirements for the provision of special education
			 services for preschool and school-age children and youth, ages 3 through 21
			 years. Part C, or the early intervention program, focuses on services for
			 infants and toddlers with disabilities and their families. Section 504 and the
			 Americans With Disabilities Act (ADA 1990) define a person with a disability as
			 "any person who has a physical or mental impairment that substantially limits
			 one or more major life activities." and require a public school system to
			 provide needed accommodations or services.
(b) "Service plans" document the program of
			 services and supports necessary to meet a child's developmental or educational
			 needsunder the IDEA. These specify the need for occupational therapy services
			 and include: the individualized family services plan (IFSP) for infants,
			 toddlers and preschoolers; the individualized education plan (IEP) or a Section
			 504 Plan for school-age youth.
(c)
			 "Educational or developmental goals" are developed collaboratively by a
			 multi-disciplinary early intervention or educational team, which includes an
			 occupational therapist as a related service provider, when areas of
			 occupational performance have been identified.
(d) "Natural environment" refers to the most
			 appropriate setting for the child to develop the skills needed for occupational
			 performance.
(e) "Educational
			 environments" refers to home; community; day care; preschool, or the general
			 and special education settings.
(f)
			 "Evaluation" is the process of gathering information to make decisions about a
			 student's or child's strengths and educational or developmental
			 needs.
(g) "Assessments" are the
			 specific methods or measures used to gather data for the evaluation.
Oregon Administrative Rules › Chapter 339 - OCCUPATIONAL THERAPY LICENSING BOARD › Division 10 - IMPLEMENTATION AND ADMINISTRATION OF THE OCCUPATIONAL THERAPY PRACTICE ACT › Section 339-010-0055 - Occupational Therapy Aides Tasks

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An "aide" is a person who provides
			 support services to an occupational therapist and occupational therapy
			 assistant, but is not licensed by the Occupational Therapy Licensing Board. Any
			 aide who is working with or supporting patients, and is performing activities
			 covered under the occupational therapy plan of treatment, is considered an
			 occupational therapy aide. The occupational therapy practitioner is responsible
			 for the overall use and actions of the aide, and must ensure the competency of
			 the aide performing the assigned tasks.
(2) An occupational therapist or occupational
			 therapy assistant may supervise the aide. When the aide is performing treatment
			 related tasks, the supervising occupational therapy practitioner must be within
			 sight or earshot of the aide, and must be immediately available at all times to
			 provide in-person direction, assistance, advice, or instruction to the
			 aide.
(3) Treatment related tasks
			 that the aide may assist with under the direct supervision of the occupational
			 therapy practitioner include:
(a) Routine
			 transfers;
(b) Routine care of
			 patient's personal needs during the course of treatment;
(c) Execution of a well-established routine
			 activity and/or exercise;
(d)
			 Assisting the occupational therapy practitioner as directed during the course
			 of treatment.
Oregon Administrative Rules › Chapter 339 - OCCUPATIONAL THERAPY LICENSING BOARD › Division 10 - IMPLEMENTATION AND ADMINISTRATION OF THE OCCUPATIONAL THERAPY PRACTICE ACT › Section 339-010-0057 - Health Care Interpreter Registry

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in subsection (a) of this section, a licensee who is reimbursed with
			 public funds shall work with a health care interpreter from the health care
			 interpreter registry administered by the Oregon Health Authority under ORS
			 413.558 when communicating with a patient who prefers to communicate in a
			 language other than English, unless the licensee is proficient in the patient's
			 preferred language.
(a) A licensee who is
			 otherwise required to work with a health care interpreter from the health care
			 interpreter registry may work with a health care interpreter who is not listed
			 on the health care interpreter registry only if the provider:
(A) Is employed by an education provider that
			 provides education services to children from birth through age 21 and the
			 interpreter is provided by the education provider in accordance with the
			 education provider's requirements; or
(B) Verifies, in writing, that the licensee
			 has taken the appropriate steps needed to obtain a health care interpreter from
			 the health care interpreter registry in accordance with the rules adopted by
			 the Oregon Health Authority under ORS 413.558; or
(C) Has offered the patient the services of a
			 health care interpreter from the health care interpreter registry and the
			 patient declined the offer and chose a different interpreter.
Oregon Administrative Rules › Chapter 339 - OCCUPATIONAL THERAPY LICENSING BOARD › Division 20 - CONTINUING EDUCATION › Section 339-020-0000 - Continuing Education Defined

Current through Register Vol. 63, No. 7, July 1, 2024
Continuing education (CE) is participation in courses, classes,
				workshops and other means for the purpose of developing and updating
				professional skills to provide appropriate occupational therapy
				services.
Stat. Auth.: ORS
				  675.320(11)
				  & (12)
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 339 - OCCUPATIONAL THERAPY LICENSING BOARD › Division 20 - CONTINUING EDUCATION › Section 339-020-0010 - CE Requirements for Current Licensees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All current licensees shall obtain a
			 minimum of 30 points of CE from Board approved categories during the two years
			 immediately preceding the date of the license renewal;
(2) Maintenance of current NBCOT
			 Certification (National Board of Certification in Occupational Therapy) may be
			 used to satisfy the requirements for CE under subsection (1) of this rule but
			 may not be used to satisfy the cultural competency CE requirements of OAR
			 339-020-0025  or the pain management CE requirements of OAR
			 339-020-0015.
Statutory/Other Authority: ORS
				  675.320(11)
				  & (12)
Oregon Administrative Rules › Chapter 339 - OCCUPATIONAL THERAPY LICENSING BOARD › Division 20 - CONTINUING EDUCATION › Section 339-020-0015 - CE on Pain Management

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Beginning in 2022, all applicants for license renewal must complete the Oregon
			 Pain Management Commission's pain management course during each license
			 cycle.
(2) Beginning in 2024, as
			 part of the renewal process, all applicants for renewal must demonstrate
			 completion of the Oregon Pain Management Commission's pain management course in
			 a format prescribed by the Board during every license renewal.
(3) This required CE on pain management may
			 also be used towards satisfying the Occupational Therapy CE requirement under
			 OAR 339-020-0010.
Statutory/Other Authority: ORS
				  675.320
Statutes/Other Implemented: ORS
				  675.320
Oregon Administrative Rules › Chapter 339 - OCCUPATIONAL THERAPY LICENSING BOARD › Division 20 - CONTINUING EDUCATION › Section 339-020-0020 - CE Categories and Points

Current through Register Vol. 63, No. 7, July 1, 2024
These numbers refer to a two year total of 30 points. Credit for CE shall be
										calculated on a point basis in the following categories and must relate to occupational therapy services. It
										is the responsibility of the licensee to demonstrate how specific classes contribute to the development of
										the occupational therapy skills. "Application to OT Services" (CE Log) must be included for credit. Unless
										stated otherwise, one point equals one contact hour. Sixteen to 30 required CE points must come from
										categories 1-10. A limit of 14 of the required CE points may be accrued from categories 11-18, unless noted
										otherwise.
(1) Attendance at university, college or vocational
								 technical adult education courses at or above practice level: Four points per credit hour. Documentation of
								 successful completion required.
(2) Attendance at seminars,
								 workshops, or institutes: One point per direct hour of content.
(3) Completion of online educational courses: Points as awarded by
								 certificate or per credit, see (1). Certificate of successful completion required.
(4) Satisfactory completion of educational activities relating to
								 occupational therapy approved by the AOTA Approved Provider Program, sponsored by OTAO, AOTA and NBCOT or
								 professional academic institutions relating to occupational therapy: One point per hour of attendance.
								 Certificate of attendance required.
(5) Publication -- Copy of
								 publications required.
(a) Publication of article in non-peer reviewed
								 publication (e.g. OT Practice, SIS Quarterly, Advance, etc.): Five points per article.
(b) Publication of article in peer-reviewed professional publication (e.g.
								 journals, book chapter, research paper): Ten points per article.
(c) Publication of chapter(s) in occupational therapy or related textbook:
								 Ten points per chapter.
(d) Authoring a book related to the
								 practice of occupational therapy. 14 points.
Oregon Administrative Rules › Chapter 339 - OCCUPATIONAL THERAPY LICENSING BOARD › Division 20 - CONTINUING EDUCATION › Section 339-020-0025 - CE in Cultural Competency

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Effective July 1, 2020, all currently
			 licensed occupational therapists and occupational therapy assistants must
			 complete at least one hour on Cultural Competency during each license renewal
			 cycle.
(2) Beginning in 2022,
			 demonstration of completion of required Cultural Competency CE must be provided
			 in a format prescribed by the Board during every license renewal.
(3) This required CE in Cultural Competency
			 may also be used towards satisfying the Occupational Therapy CE requirement
			 under OAR 339-020-0010.
(4) The
			 Board encourages all licensees to obtain Cultural Competency CE from the
			 approved list, promulgated by the Oregon Health Authority. The Board shall also
			 accept Cultural Competency CE that is not obtained from the Oregon Health
			 Authority's approved list, to the extent the Board determines that Cultural
			 Competency CE claimed teaches the Cultural Competency skills recognized by the
			 Oregon Health Authority in rules that are effective at the time the Cultural
			 Competency CE is obtained. However, the Board will not pre-approve Cultural
			 Competency CE outside the approved list promulgated by the Oregon Health
			 Authority.
Statutory/Other Authority: ORS
				  675.320(8)
Statutes/Other Implemented: ORS
				  675.320
Oregon Administrative Rules › Chapter 339 - OCCUPATIONAL THERAPY LICENSING BOARD › Division 20 - CONTINUING EDUCATION › Section 339-020-0080 - CE Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Persons
			 seeking to renew their license or to restore a lapsed license shall submit with
			 their application a statement certifying that they have completed CE
			 requirements set forth in these rules that are applicable to them. If persons
			 seeking renewal practiced in Oregon at any point during the prior licensing
			 period, they are required to obtain Cultural Competency CE as stated in
			 339-020-0025(1)  and to complete the pain management course as stated in
			 339-020-0015(1).
(2) Licensees must
			 maintain a record of continuing education for a minimum of four years and
			 provide these records to the Board upon request.
Statutory/Other Authority: ORS 675.320(11) &
				  (12)
Oregon Administrative Rules › Chapter 339 - OCCUPATIONAL THERAPY LICENSING BOARD › Division 20 - CONTINUING EDUCATION › Section 339-020-0090 - Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
The Board may, in individual cases involving physical
				disability or illness, or undue hardship, grant waivers of the minimum
				continuing education requirements or extensions of time within which to fulfill
				the same or make the required reports. Applications for waiver shall be made to
				the Board in writing at least two months prior to license
				expiration.
Stat. Auth.: ORS
				  675.320(11)
				  & (12)
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 339 - OCCUPATIONAL THERAPY LICENSING BOARD › Division 20 - CONTINUING EDUCATION › Section 339-020-0100 - Mentorship between licensees for CE Credit

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of mentorship between licensed occupational
				therapy practitioners, in order to obtain CE credit:
(1) Enter into a written mentorship agreement
			 signed by both parties that includes a detailed description of the planned and
			 collaborative experience and the goals to be achieved under the plan;
(2) Provide written documentation signed and
			 dated by both parties that the mentorship was successfully completed, if
			 requested by the Board.
(3) Both
			 the mentor and the mentee may obtain CE credit under OAR
			 339-020-0020.
Stat. Auth.: ORS
				  675.320(11)
				  & (12)
Stats. Implemented: ORS
				  657.320(12)
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION › Section 340-011-0003 - Confidentiality and Inadmissibility of Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The words and
			 phrases used in this rule have the same meaning as given to them in ORS
			 36.110 and
			 36.234.
(2) Nothing in this rule affects any
			 confidentiality created by other law. Nothing in this rule relieves a public
			 body from complying with the Public Meetings Law, ORS
			 192.610 to
			 192.690.
			 Whether or not they are confidential under this or other rules of the agency,
			 mediation communications are exempt from disclosure under the Public Records
			 Law to the extent provided in 192.410 to 192.505.
(3) This rule applies only to mediations in
			 which the agency is a party or is mediating a dispute as to which the agency
			 has regulatory authority. This rule does not apply when the agency is acting as
			 the "mediator" in a matter in which the agency also is a party as defined in
			 ORS
			 36.234.
(4) To the extent mediation communications
			 would otherwise be compromise negotiations under ORS
			 40.190 (OEC Rule 408), those mediation communications are not admissible as provided
			 in 40.190 (OEC Rule 408), notwithstanding any provisions to the contrary in
			 section (9) of this rule.
(5)
			 Mediations Excluded. Sections (6)-(10) of this rule do not apply to:
(a) Mediation of workplace interpersonal
			 disputes involving the interpersonal relationships between this agency's
			 employees, officials or employees and officials, unless a formal grievance
			 under a labor contract, a tort claim notice or a lawsuit has been filed;
			 or
(b) Mediation in which the
			 person acting as the mediator will also act as the hearings officer in a
			 contested case involving some or all of the same matters;
(c) Mediation in which the only parties are
			 public bodies;
(d) Mediation
			 involving two or more public bodies and a private party if the laws, rule or
			 policies governing mediation confidentiality for at least one of the public
			 bodies provide that mediation communications in the mediation are not
			 confidential; or
(e) Mediation
			 involving 15 or more parties if the agency has designated that another
			 mediation confidentiality rule adopted by the agency may apply to that
			 mediation.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION › Section 340-011-0004 - Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 This rule applies to workplace interpersonal disputes, which are disputes
			 involving the interpersonal relationships between this agency's employees,
			 officials or employees and officials. This rule does not apply to disputes
			 involving the negotiation of labor contracts or matters about which a formal
			 grievance under a labor contract, a tort claim notice or a lawsuit has been
			 filed.
(2) The words and phrases
			 used in this rule have the same meaning as given to them in ORS 36.110 and
			 36.234.
(3) Nothing in this rule
			 affects any confidentiality created by other law.
(4) To the extent mediation communications
			 would otherwise be compromise negotiations under ORS 40.190 (OEC Rule 408),
			 those mediation communications are not admissible as provided in ORS 40.190(OEC
			 Rule 408), notwithstanding any provisions to the contrary in section (9) of
			 this rule.
(5)
Disclosures by
			 Mediator
. A mediator may not disclose or be compelled to disclose
			 mediation communications in a mediation and, if disclosed, such communications
			 may not be introduced into evidence in any subsequent administrative, judicial
			 or arbitration proceeding unless:
(a) All the
			 parties to the mediation and the mediator agree in writing to the disclosure;
			 or
(b) The mediation communication
			 may be disclosed or introduced into evidence in a subsequent proceeding as
			 provided in subsections (c) or (h) - (j) of section (7) of this rule.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION › Section 340-011-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Unless otherwise defined in this division, the words and
				phrases used in this division have the same meaning given them in ORS 183.310,
				the rules of the Office of Administrative Hearings, the Model Rules or other
				divisions in Oregon Administrative Rules, chapter 340, as context requires.
(1) "Commission" means the
			 Environmental Quality Commission.
(2) "DEQ" means the Department of
			 Environmental Quality.
(3)
			 "Director" means the director of DEQ or the director's authorized delegates.
(4) " Rules of the Office of
			 Administrative Hearings" means the Attorney General's Rules, OAR
			 137-003-0501  through
			 137-003-0700.
(5) "Model Rules" or "Uniform
			 Rules" means the Attorney General's Uniform and Model Rules of Procedure, OAR
			 chapter 137, division 001 (excluding
			 137-001-0008  through
			 137-001-0009), chapter 137, division 003, and chapter 137, division 004, as in effect on
			 January 1, 2006.
(6) "Participant"
			 means the person named in the notice of a right to a contested case hearing and
			 requested a hearing, a person granted either party or limited party status in
			 the contested case under OAR
			 137-003-0535,
			 an agency participating in the contested case under
			 137-003-0540,
			 and DEQ.
(7) "Formal Enforcement
			 Action" has the same meaning as defined in OAR 340, division 012.
Stat. Auth.: ORS 183.341 & 468.020
Stats. Implemented: ORS
				  183.341
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION › Section 340-011-0009 - Incorporation of Attorney General's Uniform and Model Rules

Current through Register Vol. 63, No. 7, July 1, 2024
The following Attorney General's Uniform and Model Rules of
				Procedure are adopted and incorporated into this Division, except as otherwise
				provided in this Chapter: OAR chapter 137, division 001 (excluding
				137-001-0008 through
				137-001-0009), OAR chapter 137, division 003, and OAR chapter 137, division 004, as in
				effect on January 1, 2006.
Stat. Auth.: ORS 468.020, 183.341, 183,452
Stats. Implemented: ORS 468A.020, 468.070, 468.090 - 0140,
				  183.341, 183.452
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION › Section 340-011-0010 - Notice of Rulemaking

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notice
			 of intent to adopt, amend, or repeal any rule(s) shall be in compliance with
			 applicable state and federal laws and rules, including ORS Chapter 183, (1)
			 Notice of intent to adopt, amend, or repeal any rule(s) shall be in compliance
			 with applicable state and federal laws and rules, including ORS Chapter 183,
			 468A.327 and sections (2) and (3) of this rule.
(2) To the extent required by ORS Chapter 183
			 or 468A.327, before adopting, amending or repealing any permanent rule, DEQ
			 will give notice of the rulemaking:
(a) In
			 the Secretary of State's Bulletin referred to in ORS 183.360 at least 14 days
			 before a hearing;
(b) By providing
			 a copy of the notice to persons on DEQ's mailing lists established pursuant to
			 ORS 183.335(8), to the legislators specified in 183.335(15), and to the persons
			 or association that requested the hearing (if any):
(A) At least 21 days before a hearing granted
			 or otherwise scheduled pursuant to ORS 183.335(3); or
(B) At least 14 days before a hearing before
			 the Commission if granted or otherwise scheduled under OAR
			 340-011-0029(3);
(c) In addition to the
			 news media on the list referenced in (b), to other news media the Director may
			 deem appropriate.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION › Section 340-011-0024 - Rulemaking Process

Current through Register Vol. 63, No. 7, July 1, 2024
The rulemaking process shall be governed by the Attorney
				General's Model Rules, OAR
				137-001-0005  through
				137-001-0060.
				As used in those rules, the terms, "agency," "governing body," and "decision
				maker" generally should be interpreted to mean "Commission." The term "agency"
				may also be interpreted to be the "DEQ" where context
				requires.
Stat. Auth.: ORS 183 & 468
Stats. Implemented: ORS 183.025 &
				  183.335
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION › Section 340-011-0029 - Policy on Disclosure of the Relationship Between Proposed Rules and Federal Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 order to clearly identify the relationship between the proposed adoption,
			 amendment or repeal of rules and applicable federal requirements, and to
			 facilitate consideration and rulemaking by the Environmental Quality
			 Commission, DEQ, must:
(a) Prepare a
			 statement of whether the intended action imposes requirements different from,
			 or in addition to, any applicable federal requirements and, if so, a written
			 explanation of:
(A) The public health,
			 environmental, scientific, economic, technological, administrative or other
			 reasons, as appropriate, for differing from or adding to applicable federal
			 requirements; and
(B) Alternatives
			 considered, if any, and the reasons that the alternatives were not pursued.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION › Section 340-011-0046 - Petition to Promulgate, Amend, or Repeal Rule: Contents of Petition, Filing of Petition

Current through Register Vol. 63, No. 7, July 1, 2024
The filing of petitions for rulemaking and action thereon by
				the Commission shall be in accordance with the Attorney General's Uniform Rule
				of Procedure set forth in OAR
				137-001-0070.
				As used in that rule, the term "agency" generally refers to the Commission but
				may refer to DEQ if context requires.
Stat. Auth.: ORS 183.335 & 468.020
Stats. Implemented: ORS
				  183.390
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION › Section 340-011-0052 - Temporary Rules

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission may adopt temporary rules and file the same,
				along with supportive findings, pursuant to ORS 183.335(5) and 183.355(2) and
				the Attorney General's Model rule OAR
				137-001-0080.
Stat. Auth.:ORS 183.335 & 468.020
Stats. Implemented: ORS 183.025 &
				  183.335
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION › Section 340-011-0053 - Periodic Rule Review

Current through Register Vol. 63, No. 7, July 1, 2024
Periodic review of agency rules shall be accomplished once
				every five years in accordance with ORS 183.405 and the Attorney General's
				Model Rule OAR
				137-001-0100.
Stat. Auth.: ORS 183.335 & 468.020 \
Stats. Implemented: ORS
				  183.405
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION › Section 340-011-0061 - Declaratory Ruling: Institution of Proceedings, Consideration of Petition and Disposition of Petition

Current through Register Vol. 63, No. 7, July 1, 2024
The declaratory ruling process shall be governed by the
				Attorney General's Uniform Rules of Procedure, OAR
				137-002-0010 through
				137-002-0060.
				As used in those rules, the terms "agency," "governing body, and "decision
				maker" generally should be interpreted to mean "Commission." The term "agency"
				may also be interpreted to be the "DEQ" where context
				requires.
Stat. Auth.: ORS 183.335 & 468.020
Stats. Implemented: ORS
				  183.410
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION › Section 340-011-0310 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
Increased public involvement and awareness of environmental
				issues has placed greater demands on viewing and copying DEQ records. OAR
				340-011-0310  et seq.
				allows DEQ to recover its costs for providing these services, as authorized by
				Oregon statute. Furthermore, these rules serve to ensure that all DEQ records
				remain available for viewing and intact for future use.
Stat. Auth.: ORS 192.410 - 192.505 & 468.020
Stats. Implemented: ORS 192.410 -
				  192.440
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION › Section 340-011-0320 - Scope

Current through Register Vol. 63, No. 7, July 1, 2024
With some exceptions prescribed by law, every person has the
				right to inspect public records of a state agency in this state. State agencies
				are allowed to take reasonable measures to ensure the integrity of records and
				to maintain office efficiency. The ability of the public to view public records
				is limited by reasonable restrictions and other such exemptions from disclosure
				that may be prescribed by law or rule. Statutory guidance for this rule
				includes: ORS 468.020; ORS 192.410 to 192.505.
Stat. Auth.: ORS 192.410 - ORS 192.505 & ORS
				  468.020
Stats. Implemented: ORS 192.410 - ORS
				  192.505
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION › Section 340-011-0330 - Requests for Review or to Obtain Copies of Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The right to
			 review records includes the right to review the original record where
			 practicable. It does not provide the right to the requestor to locate the
			 record himself or to review the original record when it contains exempt
			 material.
(2) Request to review or
			 copy public records should be made to, and will be handled by, the appropriate
			 DEQ staff maintaining the records requested. For questions, contact DEQ's
			 general information number listed in the phone book and website at
			 www.oregon.gov/deq [File Link Not Available].
(3) Requests for DEQ records should be as
			 specific as possible, including type of record, subject matter, approximate
			 record date, and relevant names of parties. Whenever possible, the request
			 should include the site location or county of the facility if known. If the
			 request is unclear or overly burdensome, DEQ may request further clarification
			 of the request. If DEQ cannot identify specific records responsive to a record
			 request, DEQ may provide general files or distinct sections of records that are
			 likely to contain the requested records.
(4) Requests to either review or obtain
			 copies of records may be made in writing, by telephone or in-person. DEQ may
			 require a request to be made in writing if needed for clarification or
			 specification of the record request.
(a) Each
			 DEQ office will establish daily hours during which the public may review DEQ's
			 records. The hours maintained in each office will be determined by staff and
			 equipment available to accommodate record review and reproduction.
(b) Pursuant to ORS 192.430(1) and this rule,
			 each DEQ office shall designate and provide a supervised space, if available,
			 for viewing records. This space will accommodate at least one reviewer at a
			 time.
(c) DEQ accommodates public
			 records requests from persons with disabilities in accordance with the
			 Americans with Disabilities Act.
(d) DEQ's ability to accommodate in-person
			 requests may be limited by staff and equipment availability. Additionally prior
			 to making records available for public review, DEQ will ascertain whether the
			 record requested is exempt from public disclosure under ORS chapter 192 and
			 other applicable law.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION › Section 340-011-0340 - Public Records Access and Reproduction: Costs for Record Review and Copying

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Outside
			 Copying/Loaning Records - In order to protect the integrity of DEQ records, no
			 records may be loaned or taken off-premises by non- DEQ staff unless DEQ has a
			 contract with the person removing the records.
(2) Hardcopy Records:
(a) Persons Requesting to Make Copies
			 Themselves: Requestors are allowed to use their own equipment to make copies of
			 requested records depending on the facilities available within each DEQ office.
			 Use of non-DEQ equipment within a DEQ office will not be allowed without staff
			 being present. Staff time will be charged at $30.00 per hour. DEQ office may
			 determine that use of non-DEQ equipment will not be allowed based on:
(A) Staff time available to oversee the
			 copying; and
(B) Space limitations
			 for the equipment.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION › Section 340-011-0360 - Collecting Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Method:
			 Payment may be made in the form of cash, check, or money order. Make checks
			 payable to "Department of Environmental Quality."
(2) Billing: Requestors wishing to be billed
			 may make such arrangements at the time of record request. Purchase orders will
			 only be accepted for orders $10.00 or more.
(3) Receipts: A receipt may be given, upon
			 request, for charges incurred.
(4)
			 Reasonable costs associated with responding to a request to review or copy a
			 record not specifically addressed by these rules may be assessed including the
			 actual costs for DEQ to have another person make copies of the records.
(5) Prepayment of Copy Costs:
			 Depending on the volume of the records requested, the difficulty in determining
			 whether any of the records are exempt from disclosure, and the necessity of
			 consulting with legal counsel, DEQ may preliminarily estimate the charges for
			 responding to a record request and require prepayment of the estimated charges.
			 If the actual charges are less than the prepayment, any overpayment will be
			 refunded to the requestor.
Stat. Auth.: ORS 192.410 - 192.505 & 468.020
Stats. Implemented: ORS
				  192.440
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION › Section 340-011-0370 - Certification of Copies of Records

Current through Register Vol. 63, No. 7, July 1, 2024
Certification of both hard and electronic copies of records
				will be provided. DEQ will only certify that on the date copied, the copy was a
				true and correct copy of the original record. DEQ cannot certify as to any
				subsequent changes or manipulation of the record.
Stat. Auth.: ORS 192.410 - 192.505 & 468.020
Stats. Implemented: ORS
				  192.440
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION › Section 340-011-0380 - Fee Waivers and Reductions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Ordinarily there will be no charge for
			 one copy of a public record:
(a) When the
			 material requested is currently being distributed as part of the public
			 participation process such as a news release or public notice.
(b) When the material requested has been
			 distributed through mass mailing and is readily available to DEQ at the time of
			 request.
(c) When the records
			 request is made by a local, state, or federal public/governmental entity or a
			 representative of a public/governmental entity acting in a public function or
			 capacity. Even if a person qualifies under this subsection, DEQ may still
			 charge for either record review or copying based on the following factors:
(A) Any financial hardship on DEQ;
(B) The extent of time, expense and
			 interference with DEQ's regular business;
(C) The volume of the records requested; or
(D) The necessity to segregate
			 exempt from non-exempt materials.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION › Section 340-011-0390 - Exempt Records

Current through Register Vol. 63, No. 7, July 1, 2024
All records held by DEQ are public records unless exempt from
				disclosure under ORS Chapter 192 or other applicable law. If DEQ determines
				that all or part of a requested public record is exempt from disclosure, DEQ
				will notify the requestor and the reasons why DEQ considers the record
				exempt.
Stat. Auth.: ORS 192.410 - 192.505 & 468.020
Stats. Implemented: ORS 192.501 &
				  192.502
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION › Section 340-011-0500 - Contested Case Proceedings Generally

Current through Register Vol. 63, No. 7, July 1, 2024
Except as otherwise provided in OAR 340, division 011,
				contested cases will be governed by the Rules of the Office of Administrative
				Hearings, specifically OAR
				137-003-0501 through 0700.
Stat. Auth.: ORS 183.341 & 468.020
Stats. Implemented: ORS
				  183.341
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION › Section 340-011-0505 - Powers of the Director

Current through Register Vol. 63, No. 7, July 1, 2024
The director, on behalf of the Commission, may execute
(1) Any written order which has been
			 consented to in writing by the participants;
(2) Formal enforcement actions;
(3) Orders upon default; and
(4) Any other final order implementing any
			 action taken by the Commission on any matter.
Stat. Auth.: ORS 183.335 and ORS 468.020
Stats. Implemented: ORS 468.045 and
				  468.130
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 11 - RULES OF GENERAL APPLICABILITY AND ORGANIZATION › Section 340-011-0510 - Agency Representation by Environmental Law Specialist

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Environmental
			 Law Specialists, and other DEQ personnel as approved by the director, are
			 authorized to appear on behalf of DEQ and commission in contested case hearings
			 involving formal enforcement actions issued under OAR 340, division 012, and
			 issuance, revocation, modification, or denial of licenses, permits,
			 certifications, or other authorizations, including general permit coverage or
			 registrations.
(2) Environmental
			 Law Specialists or other approved personnel may not present legal argument as
			 defined under OAR
			 137-003-0545  on behalf of DEQ or commission in contested case hearings.
(3) When DEQ determines it is necessary to
			 consult with the Attorney General's office, an administrative law judge will
			 provide a reasonable period of time for an agency representative to consult
			 with the Attorney General's office and to obtain either written or oral legal
			 argument.
Stat. Auth.: ORS 183.341, 183.452 & 468.020
Stats. Implemented: ORS
				  183.452