Oregon Administrative Code

423-120-0025 Use of Funds by County or a Tribe (1) Except as provided in subsection (2) of this rule, all juvenile crime prevention funds must be used by a county or tribe to fund entities and programs that provide juvenile crime prevention services as specified in the county or …

423-120-0030 Reporting and Retaining Records (1) An entity or program that receives juvenile crime prevention funds from a county or tribe must file reports with the county or tribe accounting for the entity or program’s use of the funds. Reports filed under this subsection must …

423-120-0035 Other Applicable Standards Juvenile crime prevention funds must be distributed and used in accordance with all applicable federal and state laws, rules, and regulations and all applicable circular letters issued by the United States Office of Management and Budget, i…

423-120-0040 Enforcement (1) The Youth Development Division may audit a county or tribe or an entity or program that that receives juvenile crime prevention funds from a county or tribe for the purpose of determining whether the county, tribe, entity, or program is in compliance …

423-125-0001 Notice of Proposed Rulemaking (1) Before permanently adopting, amending, or repealing any rule under OAR 423-125-0001 to 423-125-0050 the Youth Development Division shall give notice of the proposed adoption, amendment, or repeal: (a) In the Secretary of State’s Bull…

423-125-0010 Definitions For purposes of OAR 423-125-0001 to 423-125-0050: (1) “Eligible applicant or potential applicant” means a person or entity identified as being eligible to receive a grant under OAR 423-125-0020. (2) “Gang intervention” means a strategy, or activity, or bo…

423-125-0015 Program Purposes; Community Investments (1) The purposes OAR 423-125-0001 to 423-125-0050 are to establish or support gang prevention and intervention services. (2) To fulfill the purposes described in subsection (1) of this rule, the Youth Development Division shall…

423-125-0020 Eligibility (1) The following are eligible to receive a grant under OAR 423-125-0025 or a distribution under OAR 423-125-0015 (2)(b): (a) The nine federally recognized tribes in Oregon; (b) Nonprofit organizations providing gang prevention and intervention services i…

423-125-0025 Competitive Grants (1) The Youth Development Division shall establish a process by which the division may issue grants for the purposes of establishing or supporting gang prevention and intervention services. The process must require the submission of gang prevention…

423-125-0030 Notice and Appeal (1) Prior to awarding a grant under OAR 423-125-0025, the Youth Development Division shall send written notification of the initial determination of the distribution to any applicant that applied for the grant. (2) If the applicant will receive a gr…

423-125-0035 Grant Agreements Prior to distributing funds under OAR 423-125-0001 to 423-125-0050, the Youth Development Division shall enter into a grant agreement with the person or entity who is to receive the funds. At a minimum, the grant agreement shall establish the followi…

423-125-0040 Site Visits If practicable, the division shall make a reasonable effort to visit a site where activities funded by gang prevention and intervention funds are conducted at least once a biennium. Statutory/Other Authority: ORS 417.847 Statutes/Other Implemented: ORS 41…

423-125-0045 Prohibitions An entity or person to which the Youth Development Division distributes funds under OAR 423-125-0001 to 423-125-0050 may not expend the funds on any of the following: (1) Any activity or use prohibited by state law or rule or local ordinance; (2) If the …

423-125-0050 Prioritizing Grants and Distributions In awarding grants under OAR 423-125-0025 or making distributions under OAR 423-125-0015 (2)(b), the Youth Development Division may prioritize eligible applicants or potential applicants in consideration of the following: (1) Whe…

423-150-0001 Notice of Proposed Rulemaking (1) Before permanently adopting, amending, or repealing any rule under OAR 423-150-0001 to 423-150-0010, the Youth Development Division shall give notice of the proposed adoption, amendment, or repeal: (a) In the Secretary of State’s Bul…

423-150-0005 Guidelines for Juvenile Detention Facilities (1) As used in this rule, “juvenile detention facility” has the meaning given that term in ORS 169.005. (2) For the purpose of developing guidelines pertaining to the operation of juvenile detention facilities as required …

423-150-0010 Extended Detention Program Plans (1) As used in this rule: (a) “Extended detention program” means a program offering services and activities that support one or more therapeutic goals for juveniles ordered by a court to be detained for a period of detention exceeding…

423-155-0001 Definitions For purposes of OAR 423-155-0001 to 423-155-0035, the following definitions apply: (1) “Adult Jail or Lockup” means a secure Facility that is used by a State, unit of local government, or law enforcement authority to detain or confine adult inmates. (2) “…

423-155-0010 Maintaining Compliance with Custody and Facility Provisions of the Juvenile Justice and Delinquency Prevention Act (JJDPA) (1) To perform its duties as required by the JJDPA in ORS 417.850 (12), the YDD may collect Data and inspect any Facility, as defined in rule, i…

423-155-0020 Maintaining Compliance with Racial and Ethnic Disparities Provisions of the Juvenile Justice and Delinquency Prevention Act (JJDPA) (1) Upon collection and analysis of Data received from Institutions, the YDD may: (a) Request additional Data if the initial Data submi…

423-155-0025 Technical Assistance Process for Institutions out of Compliance (1) Upon collection of Data received from Institutions, the YDD shall: (a) Analyze the received Data for sufficiency in making a compliance determination. (b) Request additional Data necessary to make a …

423-155-0035 Identification and Correction of Racial and Ethnic Disparities (1) Upon collection of Data received from Institutions, the YDD shall: (a) Analyze the received Data to ensure it is sufficient to make a disparities determination. (b) Request additional Data necessary t…

423-160-0001 Reengagement Grant Definitions The following definitions apply to OAR 423-160-0001 to 423-160-0013: (1) “Community-based Organization” means a nonprofit organization that is representative of a community or significant segments of a community, which is located within…

423-160-0003 YDD Reengagement Grant: Establishment (1) There is established the Youth Development Division Statewide Youth Reengagement System and the Reengagement Grant. (2) The purpose of the Statewide Youth Reengagement System is to coordinate Reengagement Programs and the pro…

423-160-0005 Eligibility for Enrollment in a Reengagement Program (1) The following individuals are eligible to enroll in and participate in services offered by a Reengagement Program: (a) Youth age 14-24 who are not currently enrolled in high school, and have not earned a high s…

423-160-0007 Eligibility to Provide a Reengagement Program (1) The following entities may provide a Reengagement Program or deliver Reengagement Services under the Statewide Reengagement System: (a) School districts; (b) Public charter schools; (c) Educational Service Districts; …

423-160-0009 Designation of Reengagement Programs as Participants in a Statewide Youth Reengagement System (1) The Youth Development Division shall develop a process by which an entity offering Reengagement Services will be assessed to meet criteria established by the Youth Devel…

423-160-0011 Reengagement Program Grants (1) The Youth Development Division shall establish a process by which the Division may issue grants for the purpose of funding Reengagement Programs. (a) The process must be approved by the Youth Development Council, and adhere to any requ…

423-160-0013 Reengagement Grant Reporting (1) Recipients of the Reengagement Grant must report on activities carried out under the grant, in a manner prescribed by the Youth Development Division. (2) The reporting requirements, data element definitions, and report submission proc…

431-121-2000 Definitions (1) “340B” means Section 340B of the Public Health Service Act, “Limitation on Prices of Drugs Purchased by Covered Entities,” and any and all related rules, guidance, interpretations, and operational directives adopted by the federal Health Resources and…

431-121-2005 General Administration (1) The Administrator, or designee, may: (a) Negotiate price discounts and rebates on prescription drugs with prescription drug manufacturers and GPOs; (b) Purchase prescription drugs on behalf of participating programs; (c) Contract with a PDC…

431-121-2010 Pharmacy Providers (1) The pharmacy shall contract with the Authority, or its designated entity, and must be licensed with their state Board of Pharmacy to be a pharmacy provider for the OPDP. (2) The pharmacy provider must sign a pharmacy provider contract and compl…

431-121-2020 Program Price (1) The price for a prescription drug a pharmacy provider may charge a member under the OPDP is the lesser of the following on the date of the transaction: (a) The program price, or (b) The pharmacy provider’s usual and customary price, including progra…

431-121-2030 Preferred Drug List (1) The Administrator shall consider any PDL developed and recommended by OHPR that identifies preferred choices of prescription drugs within therapeutic classes for particular diseases and conditions, including generic alternatives, for use in th…

431-121-2050 Enrollment (1) Participating programs, other than the DCP, shall enroll for participation through the designated entity chosen by the OPDP to administer the participating program’s enrollment and claims processing. (a) Eligibility for members of a participating progr…

431-121-2065 Contracted Services (1) The Administrator may procure goods and services to perform any of the functions of OPDP. (2) The Administrator shall delegate procurement authority to the Authority’s designated Procurement Officer for OPDP goods and services, except as the A…

436-001-0003 Purpose and Applicability of these Rules (1) Rules related to rulemaking. OAR 436-001-0005 through 436-001-0009 establish supplemental procedures for rulemaking under ORS chapter 183 and apply to all division rulemaking on or after the date the rules are effective. (…

436-001-0004 Definitions (1) Unless a term is defined in these rules or the context otherwise requires, the definitions of ORS chapter 656 and ORS 183.310 are incorporated by reference and made a part of these rules. (2) For the purpose of these rules: (a) “Administrative law jud…

436-001-0005 Model Rules For Rulemaking The Model Rules for Rulemaking, OAR 137-001-0005 through 137-001-0100, in effect on Jan. 1, 2008, adopted by the Oregon Department of Justice under ORS 183.341, are adopted as the rules of procedure for rulemaking actions of the division. […

436-001-0009 Notice of Division Rulemaking (1) Except when adopting a temporary rule, the division will give prior public notice of the proposed adoption, amendment, or repeal of any rule by: (a) Publishing notice of the proposed rulemaking action in the Secretary of State’s Oreg…

436-001-0019 Requests for Hearing (1) A request for hearing on a matter within the director’s jurisdiction must be filed with the division no later than the filing deadline. Filing deadlines will not be extended except as provided in section (7) of this rule. (2) A request for he…

436-001-0023 Other Filings and Submissions (1) Except as provided in section (3) of this rule, any filing, motion, request, document, or correspondence filed or submitted in a matter within the director’s jurisdiction must be filed or submitted: (a) To the division before the dis…

436-001-0027 Timeliness; Calculation of Time (1) Timeliness of any document required by these rules to be filed or submitted to the division is determined as follows: (a) If a document is mailed, it will be considered filed on the date it is postmarked. (b) If a document is faxed…

436-001-0030 Role of the Workers’ Compensation Division (1) In any hearing, the director may request to: (a) Receive notice of all matters; (b) Receive copies of all documents; and (c) Present evidence, testimony, and argument. (2) The director may appear in a matter by filing an…

436-001-0170 Duties and Powers of the Administrative Law Judge (1) The administrative law judge may conduct the hearing in any manner consistent with these rules that will achieve substantial justice. (2) Unless provided otherwise by statute or rule and except as stated in sectio…

436-001-0225 Scope of Review/Limitations on the Record (1) Except for the matters listed in sections (2) and (3) of this rule and unless otherwise provided by statute or administrative rule: (a) The administrative law judge reviews all matters within the director’s jurisdiction d…

436-001-0240 The Record (1) Not more than 30 days after referring a request for hearing to the board, the division will provide the parties and the administrative law judge with copies of all documents in the director’s record. (2) Not less than 28 days before the hearing, or wit…

436-001-0246 Proposed and Final Orders — Exceptions, Correction, Director Review (1) Under ORS 656.704(2)(a), a party must seek director review of a proposed and final order before petitioning for judicial review under ORS 183.482. (2) The parties or the division may initiate dir…

436-001-0252 Stay of Director and Administrative Review The director may stay director review, administrative review, or referral of a matter if there is another pending matter concerning a claim that may affect the outcome of the matter within the director’s jurisdiction. Statut…

436-001-0259 Ex Parte Communication An ex parte communication is an oral or written communication to the director during director review of the matter not made in the presence of all parties to the dispute, concerning a fact in issue, but does not include communication from divis…