582-030-0005 Definitions The following definitions apply to each Rule in Division 30 unless otherwise indicated. (1) "Confidential Information" means any personally identifiable information acquired or developed by the Program, its staff or its representatives or that identifies an individual as someone applying for or receiving services from the Program. (2) "Cooperative Agreement" means a written agreement between the Program and another agency or organization which includes terms protecting confidentiality of individual’s information in keeping with the statutory and regulatory requirements of all parties to the agreement. (3) "Department Director" means the Director of the Department of Human Services. (4) "Designee" means any officer or employee appointed by the Director of the Department of Human Services to respond to requests for reduction or waiver of fees for public records of the Department. (5) "Director" means the Director of Vocational Rehabilitation. (6) "HIV/AIDS Information" is any information covered by ORS 433.045(3) or that is likely to identify, directly or indirectly, that a client has been tested for the HIV virus or has HIV infection, antibodies to HIV, AIDS (Acquired Immunodeficiency Syndrome) or related infections or illnesses. (7) "Individual" means any individual who has provided information to the Program as part of the application process for the Program services or subsequent to an application. (8) "Informed Written Consent" means, after receiving a thorough explanation and understanding of the purposes, limitations, recipients, and specific information to be released, an individual or, if appropriate, individual's representative completes and signs a Department of Human Services Form 2099 (Authorization for Use and Disclosure of Health Information), or its successor, or other sufficient written authorization, releasing personal information from or to the Program. (9) "Parent Locator Service" means a service authorized by 42 USC 653 seeking information for the purpose of establishing parentage or establishing, setting, modifying or enforcing child support. (10) "Parent or Guardian" means an individual having legal responsibility for the overall welfare and well-being of an individual under age 18 or an individual, if over age 18, is adjudicated legally incapacitated. (11) "Person" includes any natural person, corporation, partnership, firm or association. (12) "Photocopy" means a photograph, microphotograph and any other reproduction on paper or film in any scale, or the process of reproducing, in the form of a photocopy, a public record. (13) "Public Officer Privilege" means, as provided in ORS 40.270, a public officer shall not be examined as to public records determined to be exempt from disclosure under ORS 192.502(8) and (9). (14) "Public Record" means any writing that contains information relating to the conduct of the public's business that is prepared, owned, used or retained by the Department regardless of physical form or characteristics. (15) "Representative" means any person identified by the individual as being authorized to speak or act on behalf of the individual or to assist the individual in any matter pertaining to Program services, unless a representative has been appointed by a court to represent the individual, in which case the court-appointed representative is the individual’s representative. (16) "Requestor" means an individual requesting inspection, copies, or other reproduction of the Department’s public records. (17) "Subpoena" means a written order for a witness to appear and give testimony or deliver named material issued. (18) "Substance Abuse Information" means any information regulated under 42 CFR 2.1 - 2.67. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 344.530 & 344.570 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: VRS 1-2019, amend filed 04/05/2019, effective 04/15/2019 VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11 VRS 1-2008, f. & cert. ef. 2-4-08 VRS 3-2004, f.& cert. ef. 3-12-04 VRD 2-1993, f. & cert. ef. 9-15-93 VRD 4-1991, f. & cert. ef. 12-13-91