justicedao/ipfs_state_laws huggingface dataset:
585-020-0035 Responsibilities for Upgrading Equipment The client or their employer will be responsible for upgrading any equipment. If upgrading equipment is necessary for the client to perform in their job and it is determined that the financial resources of the client or their employer are insufficient to fund the costs associated with upgrading equipment, Commission may provide financial support for upgrading equipment. Commission should be considered the payor of last resort. Statutory/Other Authority: ORS 346.150 & ORS 346.180 Statutes/Other Implemented: ORS 346.180 History: CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021 CFTB 1-2005, f. & cert. ef. 2-11-05 2BC 1-1986, f. & ef. 4-11-86
585-020-0040 Maintaining Equipment In cases where equipment is needed by a client or former client to maintain their job, the client’s counselor will request that the employer provide the equipment as they would for any other employee. If the employer is unwilling or unable to provide the total equipment necessary to perform the job, and the client is unable to fund the cost of the equipment, Commission may provide the adaptive equipment necessary to maintain employment, subject to client eligibility and availability of agency funds for such purchases. Statutory/Other Authority: ORS 346.150 & ORS 346.180 Statutes/Other Implemented: ORS 346.180 History: CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021 CFTB 3-2009, f. & cert. ef. 8-7-09 CFTB 1-2009, f. & cert. ef. 4-13-09 2BC 1-1986, f. & ef. 4-11-86
585-020-0045 Changing Jobs (1) If a client or former client changes from one job to another and needs additional or different equipment from the previous job to perform the new job, the counselor will assess the situation to determine whether such equipment will be provided by the Commission and to determine whether alternative options are available. (2) If the job is in the same field and equipment used on the original job will suffice for the new job, the equipment may be transferred to the new job. (3) If additional or different equipment is needed, the counselor must assess the reasons for the job change and the willingness of the new employer to provide equipment. Statutory/Other Authority: ORS 346.150 & ORS 346.180 Statutes/Other Implemented: ORS 346.180 History: CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021 CFTB 3-2009, f. & cert. ef. 8-7-09 CFTB 1-2009, f. & cert. ef. 4-13-09 2BC 1-1986, f. & ef. 4-11-86
585-020-0050 Considerations for Purchase of Computers or Computer Equipment (1) The agency will not buy the basic computer if it is a part of the job, which other employees at the same organization perform, unless it is impossible for the adaptive equipment to access already existing equipment. The employer is expected to provide the basic computer unit for an employee. The agency may provide adaptive equipment to make the computer accessible to the blind employee; i.e., hardware and software for large print, Braille, or voice output, if the employer is unable to provide this as a reasonable accommodation. (2) Consultants with appropriate experience and expertise may be utilized to advise the client, agency, and employer in the best equipment for a particular application. Consultants would also be appropriately used to install a system and to train a client in the use of the equipment for a particular job. (3) Computer equipment will not be purchased unless it is used as an essential function of the job. Computers will not be purchased for personal record keeping or to perform the minor functions of a job, where other, less expensive, equipment could accomplish the same task. (4) Computers may be purchased for students provided that purchasing the equipment is not supplanting the responsibilities of the education system for transition students. Statutory/Other Authority: ORS 346.150 & ORS 346.180 Statutes/Other Implemented: ORS 346.180 History: CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021 CFTB 3-2009, f. & cert. ef. 8-7-09 CFTB 3-1999, f. & cert. ef. 7-8-99 2BC 1-1986, f. & ef. 4-11-86
585-020-0060 Transfer of Equipment to Clients (1) For equipment valued at $5000 or more, the counselor has the discretion of transferring ownership at successful closure of the client’s file or after at least one year of employment. This will be done after it is determined that the client is using the equipment for the purpose for which it was intended and that the job appears stable. Once ownership is transferred to the client, Commission will have no further obligation to repair or maintain the equipment. (2) Commission may transfer items valued under $5,000 to clients at its discretion. This may be done only after determining that the client is using the equipment for the purpose for which it was intended. (3) If the equipment is likely to be usable for other clients after the current client no longer requires it for employment, the counselor may determine that Commission will retain ownership. This determination will be made on an individual basis. (4) Title for computer software will be transferred to clients at the time that they receive it. (5) The client’s counselor may, subject to supervisor authorization, approve equipment to be purchased by Commission that is valued at $5000 or more, including all adaptive equipment to be used with the system. The counselor will identify an appropriate vendor for the equipment and authorize the purchase in accordance with state purchasing regulations. (6) After ownership of the equipment has been transferred to the client, the client will be expected to continue appropriate maintenance, unless the client demonstrates that the cost of repairs would be prohibitive and that the job would be jeopardized if equipment were not repaired. The counselor will explain these restrictions to the client verbally and include the restrictions in the property receipt which the client signs. Statutory/Other Authority: ORS 346.150 & ORS 346.180 Statutes/Other Implemented: ORS 346.180 History: CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021 CFTB 3-2009, f. & cert. ef. 8-7-09 CFTB 1-2009, f. & cert. ef. 4-13-09 CFTB 1-2005, f. & cert. ef. 2-11-05 2BC 1-1986, f. & ef. 4-11-86
585-030-0001 Dispute Resolution Procedure (1) It is the intent of the Oregon Commission for the Blind to resolve disputes between the Commission and its clients quickly and fairly. (2) Clients who are dissatisfied or disagree with a decision, action, or lack of action by the Commission that affects their vocational rehabilitation services or program shall have available dispute resolution options, including informal problem solving and formal mediation, prior to seeking an impartial fair hearing conducted by an Administrative Law Judge (ALJ) appointed by the Office of Administrative Hearings (OAH). (3) The dispute resolution process is framed by the procedures provided under 29 U.S.C. § 722(c) and 34 C.F.R. § 361.57, relevant state statutes and regulations, the Oregon Administrative Procedures Act, the Attorney General’s Model Rules of Procedure for Contested Cases, and Commission’s administrative rules and policies. Statutory/Other Authority: ORS 346.150, ORS 183.502 & ORS 183.341 Statutes/Other Implemented: ORS 183.502 History: CFTB 2-2021, adopt filed 02/23/2021, effective 02/24/2021
585-030-0015 Informal Problem Solving and Referral to Client Assistance Program (1) Before a written Notice of Action is provided to the client, the client may request to engage in informal problem ‐ solving with their vocational rehabilitation counselor to resolve a dispute regarding the client’s vocational rehabilitation services. For purposes of this rule, a dispute that may be resolved through the problem-solving process does not necessarily involve an action by Commission that entitles the client to mediation or hearing rights. Commission may include a supervisor or other assigned Commission employee in the meeting to resolve the issue. (2) The client may have a representative or support person present during the problem-solving discussions. Commission shall inform the client that they may seek assistance from the Client Assistance Program of Disability Rights of Oregon or other advocate during the problem-solving process. (3) Problem-solving is voluntary and both parties must agree to participate in the process. Commission may decline to participate in problem ‐ solving if the client refuses to cooperate in scheduling or to participate in a meeting to discuss the dispute, or the same dispute has been resolved by the dispute resolution process and no further appeal rights are available, or prior attempts to resolve the dispute have been unproductive. (4) Problem ‐ solving may occur at any time prior to the issuance of a Notice of Action by Commission or before the client requests mediation or a hearing. A client’s request to engage in problem ‐ solving does not exempt the client from complying with applicable legal timeframes to request a hearing or mediation. (5) If the client and Commission are unable to resolve the dispute during the problem-solving process, the client retains the right to pursue any other dispute resolution options available to the client under these rules, subject to applicable legal timeframes. Statutory/Other Authority: ORS 346.150 & ORS 183.502 Statutes/Other Implemented: ORS 183.502 History: CFTB 2-2021, adopt filed 02/23/2021, effective 02/24/2021
585-030-0020 Notice of Action and Notice of Procedural Rights (1) Commission shall provide the client with a written Notice of Action when it makes a decision to deny, terminate, or suspend a client’s eligibility or services. (2) The Notice of Action must include the following: (a) The date the notice is delivered to the client, if in person, otherwise the date the notice is mailed; (b) The information provided in the Notice of Dispute Resolution Rights; (c) A statement of the agency's authority and jurisdiction to have a hearing held on the matters asserted or charged, including reference to relevant state law and regulations and any applicable provisions under federal law as set out in 29 U.S.C. § 722 and 34 C.F.R. § 361.57; (d) Either: (A) A statement of the procedure and time to request a hearing, the agency address to which a hearing request should be sent, and a statement that if a request for hearing is not received by the agency within the time stated in the notice the person will have waived the right to a hearing; or (B) A statement of the time and place of the hearing. (e) A short and plain statement about the action Commission intends to take and the action effective date; (f) Statement about the reason for the action, including citations to the statutes or rules involved; (g) Statement indicating whether and under what circumstances an order by default may be entered; (h) Statement regarding the right to stay the proceedings and assistance available to active duty service members; and (i) Statement regarding the right to continuing benefits under federal law. (3) Commission shall provide a written Notice of Procedural Rights to the client, or, the client’s representative, when the client requests a hearing. (a) The Notice shall include the information set forth in ORS 183.413, except to the extent that the information was already provided to the client in the Notice of Action. (b) Commission’s failure to give notice of any of the items in ORS 183.413, unless notice of that item is also required by another applicable state or federal law, does not invalidate any determination or order of the ALJ unless upon an appeal from or review of the determination or order, a court finds that the failure affects the substantial rights of the complainant. In the event of such finding, the court shall direct Commission as to what steps it shall take to remedy the prejudice to the rights of the complainant. Statutory/Other Authority: ORS 346.150, ORS 183.341, ORS 183.413 & ORS 183.415 Statutes/Other Implemented: ORS 183.413 & ORS 183.415 History: CFTB 2-2021, adopt filed 02/23/2021, effective 02/24/2021
585-030-0025 Notice of Dispute Resolution Rights (1) An applicant or a person eligible for vocational rehabilitation services under ORS 346 may, after receiving a Notice of Action, request review of an action taken by Commission that affects the provision of vocational rehabilitation services to the individual. The review shall consist of the right to formal mediation and/or the right to an impartial fair hearing. (2) Commission shall provide a written Notice of Dispute Resolution Rights to the client or, if appropriate, the client’s representative: (a) At the time the client applies for vocational rehabilitation services; (b) At the time the individualized plan for employment (IPE) is developed; and (c) Whenever vocational rehabilitation services are reduced, suspended, denied or terminated. (3) The Notice of Dispute Resolution Rights shall include the following information: (a) Statement about the continuum of dispute resolution processes available to the client, including problem ‐ solving, formal mediation, and an impartial fair hearing; (b) Where and how to file the request, including the names and addresses of individuals with whom requests may be filed, and relevant timeframes; (c) The procedures for the assignment of a mediator to a particular case; (d) The availability of the Client Assistance Program of Disability Rights of Oregon to assist the client with mediation or a hearing, including contact information; and (e) That interpreters and materials in alternative formats are available, if needed. (4) Commission shall make mediation available, at a minimum, when an impartial fair hearing has been requested. Mediation shall be voluntary and shall be conducted consistently with the Attorney General’s Model Rules of Collaborative Dispute Resolution, and the provisions set forth in 29 U.S.C. §722(c) and 34 C.F.R. § 361.57. (5) The fair hearing shall be an evidentiary hearing that is conducted before an ALJ in conformance with the provisions of the Attorney General’s Model Rules of Procedure for Contested Cases, and the provisions set forth in 29 U.S.C. §722(c) and 34 C.F.R. § 361.57. (6) Any mediation or fair hearing proceeding will be held at a time and place convenient and accessible to the requesting individual. Each applicant for or recipient of vocational rehabilitation services will be provided information as to their rights to and procedures concerning mediation or a fair hearing. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the Commission for the Blind.] Statutory/Other Authority: ORS 346.150, ORS 183.341 & ORS 183.502 Statutes/Other Implemented: ORS 183.341 & ORS 183.502 History: CFTB 2-2021, adopt filed 02/23/2021, effective 02/24/2021
585-030-0035 Continuation of Services Commission may not suspend, reduce, or terminate vocational rehabilitation services being provided to a client, including evaluation and assessment services and IPE development, pending problem-solving discussions, a resolution through formal mediation, or a decision by the ALJ, unless: (1) The client or client’s representative requests suspension, reduction, or termination of services pending the outcome of dispute resolution process; or (2) Commission has evidence that the services have been obtained through misrepresentation, fraud, collusion or criminal conduct on the part of the client or the client’s representative. Statutory/Other Authority: ORS 346.150, ORS 183.341 & ORS 183.502 Statutes/Other Implemented: ORS 183.341 & ORS 183.502 History: CFTB 2-2021, adopt filed 02/23/2021, effective 02/24/2021
585-030-0045 Confidentiality and Inadmissibility of Mediation Communications Pursuant to ORS 36.224, Commission adopts by reference the Attorney General’s model rule on Mediation Confidentiality set forth in OAR 137-005-0052. Statutory/Other Authority: ORS 346.150 & ORS 36.224(4) Statutes/Other Implemented: ORS 36.224 History: CFTB 2-2021, adopt filed 02/23/2021, effective 02/24/2021
585-030-0050 Impartial Fair Hearing In addition to the procedures set forth in the Attorney General’s Model Rules of Procedure for Contested Cases, and the procedures set forth in 29 USC § 722(c) and 34 C.F.R. § 361.57, the following shall apply to impartial fair hearings: (1) Commission shall refer a completed and timely request for impartial fair hearing, as described in OAR 585 ‐ 025 ‐ 0030, to OAH. (2) The hearing shall be held at a time consistent with OAR 585 ‐ 025 ‐ 0030. (3) The hearing shall be held in a location that is convenient and accessible, as agreed to by the client and Commission. (4) Hearings shall be conducted in person, unless agreed to by the client and Commission. (5) The parties shall have the opportunity to submit documentary evidence, to testify, and to call and cross ‐ examine witnesses. (6) On reviewing the evidence presented, the ALJ shall: (a) Issue a written decision based on relevant state and federal statutes and regulations, and Commission’s rules; and (b) Provide the written decision to the client, or, as appropriate, the client’s representative, and to Commission. (7) The ALJ shall have the authority to render a decision and require Commission take actions consistent with that decision regarding the client’s vocational rehabilitation services. Statutory/Other Authority: ORS 346.150 & ORS 183.341 Statutes/Other Implemented: ORS 183.341 History: CFTB 2-2021, adopt filed 02/23/2021, effective 02/24/2021
585-030-0055 Payment of Legal Fees and Transportation Costs Commission will not pay for attorney’s fees or transportation costs for an applicant for vocational rehabilitation services or for a client receiving vocational rehabilitation services in connection with formal mediation or fair hearing proceeding. Statutory/Other Authority: ORS 346.150 Statutes/Other Implemented: ORS 346.150 History: CFTB 2-2021, adopt filed 02/23/2021, effective 02/24/2021
586-001-0000 Giving Reasonable Notice to Interested Persons on Any Proposal by the Fair Dismissal Appeals Board to Adopt, Amend, or Repeal Any Rule (1) Prior to the adoption, amendment, or repeal of any rule, other than a temporary rule which shall be adopted in accordance with ORS 183.335(5) the Fair Dismissal Appeals Board shall give notice of the proposed adoption, amendment, or repeal: (a) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date of the rule to be adopted. (b) By mailing or e-mailing, at least 28 days before the effective date of the rule, a copy of the notice to persons on the Board's mailing list established pursuant to ORS 183.335(8); (c) By mailing or e-mailing a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days before the effective day of the rule; and, (d) By mailing or e-mailing a copy of the notice to persons, organizations and publications identified by the Board and established educational, student and parent organizations that have submitted mailing or e-mailing addresses to the Board. (2) Persons who wish to be placed on the Board's mailing or e-mailing list may request in writing or by e-mail that the Board send to the person copies of its notice of proposed rulemaking. (3) The Board may update the mailing and e-mailing lists described in this rule annually by requesting persons to confirm that they wish to remain on the lists. If a person does not respond to a request for confirmation within 28 days of the date the Board sends the request, the Board will remove the person from the mailing and e-mailing lists. Any person removed from the mailing or e-mailing lists will be returned to the mailing or e-mailing list upon request, provided that the person provides a mailing address or e-mailing address to which notice may be sent. Statutory/Other Authority: ORS 183.335 & 183.341(4) Statutes/Other Implemented: ORS 183.335 History: FDAB 1-2013, f. 10-30-13, cert. ef. 11-7-13 FDA 1-1992, f. & cert. ef. 3-5-92 FDA 1-1985, f. 3-25-85, ef. 3-27-85 FDA 2-1980, f. & ef. 3-27-80 FDA 8, f. 4-5-76, ef. 4-15-76
586-001-0005 Model Rules of Procedure Pursuant to ORS 183.341, the Board adopts the Attorney General's Uniform and Model Rules of Procedure under the Administrative Procedures Act, in effect on January 1, 2012, except those rules pertaining to contested cases. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the Department of Education.] Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341 History: FDAB 1-2013, f. 10-30-13, cert. ef. 11-7-13 FDA 1-1992, f. & cert. ef. 3-5-92 FDA 1-1986, f. 11-7-86, ef. 11-12-86 FDA 1-1985, f. 3-25-85, ef. 3-27-85 FDA 3-1982, f. 11-4-82, ef. 11-5-82 FDA 1-1980, f. & ef. 3-18-80 FDA 1-1978, f. 3-16-78, ef. 3-20-78 FDA 7, f. 4-2-76, ef. 4-15-76 FDA 3, f. 1-18-74, ef. 2-11-74 FDA 1, f. 5-5-72, ef. 5-15-72
586-010-0005 Purpose The purpose of these rules is to implement and give effect to the provisions of state law and to facilitate the organization and operation of the Fair Dismissal Appeals Board. Statutory/Other Authority: ORS 183 History: FDA 1-1985, f. 3-25-85, ef. 3-27-85 FDA 4, f. 3-11-74, ef. 4-11-74 FDA 2(Temp), f. & ef. 1-4-74
586-010-0010 Membership Members shall be appointed by the Governor, as provided in ORS 342.930. Statutory/Other Authority: ORS 342 History: FDA 1-1985, f. 3-25-85, ef. 3-27-85 FDA 4, f. 3-11-74, ef. 4-11-74 FDA 2(Temp), f. & ef. 1-4-74
586-010-0015 Officers The officers of the Board shall be chairperson and vice-chairperson: (1) The vice-chairperson succeeds to the chairperson. (2) The vice-chairperson position shall rotate each year in the order of teacher, board member, non-affiliated member, and administrator. (3) Each year the vice-chairperson shall be nominated by a chairperson-appointed three member nominating committee made up of Board members from the members not eligible to serve that year. (4) The vice-chairperson shall be elected at the annual October meeting by a simple majority of the members present and voting. The term of office shall be from the annual October meeting to the next October annual meeting. (5) New officers shall be installed at the close of the annual meeting at which they were elected. Statutory/Other Authority: ORS 342.805 - 342.934 History: FDA 1-1992, f. & cert. ef. 3-5-92 FDA 1-1982, f. & ef. 4-13-82 FDA 4, f. 3-11-74, ef. 4-11-74 FDA 2(Temp), f. & ef. 1-4-74
586-010-0020 Board Chairperson The Board chairperson shall be eligible to vote on all motions. Statutory/Other Authority: ORS 183 & 342.805 - 342.934 History: FDA 1-1992, f. & cert. ef. 3-5-92 FDA 1-1985, f. 3-25-85, ef. 3-27-85 FDA 4, f. 3-11-74, ef. 4-11-74 FDA 2(Temp), f. & ef. 1-4-74
586-010-0025 Board Meetings The Board shall hold public meetings at such times and places as are specified by the chairperson, or at the request of five members of the Board. Seventy-two hour notice of the time and place of each meeting shall be given to each member and the general public. Notice to the general public shall be made by telephone to the Associated Press at least 48 hours prior to the meeting of the Board. A majority of the members of the Board shall constitute a quorum for doing business. The notice shall state if the meeting is to be held by telephone or other means of voice transmission and a location where members of the public may listen to the meeting. Statutory/Other Authority: ORS 183 & 342.805 - 342.93 History: FDA 1-1992, f. & cert. ef. 3-5-92 FDA 1-1985, f. 3-25-85, ef. 3-27-85 FDA 4, f. 3-11-74, ef. 4-11-74 FDA 2(Temp), f. & ef. 1-4-74
586-010-0030 Annual Meetings The Board shall hold one regular meeting each year, in October. Statutory/Other Authority: ORS 183 & 342.805 - 342.934 History: FDAB 1-2023, amend filed 10/23/2023, effective 10/24/2023 FDA 1-1992, f. & cert. ef. 3-5-92 FDA 1-1990, f. 8-29-90, cert. ef. 10-1-90 FDA 1-1985, f. 3-25-85, ef. 3-27-85 FDA 4, f. 3-11-74, ef. 4-11-74 FDA 2(Temp), f. & ef. 1-4-74