justicedao/ipfs_state_laws huggingface dataset:
407-005-0030 Report of Discrimination and Other Remedies Available for Alleged Discrimination (1) A client or client applicant or specific class of individuals or their representative(s) may file with the Department a Report of Discrimination based on disability in the following circumstances: (a) The final result under OAR 407-005-0025 for a Reasonable Modification Request was denied or was approved with an alternative to the requested modification which is believed to be inadequate; (b) A request for auxiliary aids and services was denied or was approved with an alternative to the request which is believed to be inadequate; (c) A request for an alternate format communication was denied or was approved with an alternative to the request which is believed to be inadequate; (d) Inability to access facilities used for Department programs; (e) Denial of participation in Department programs and services. (2) A Report of Discrimination must be filed within 180 calendar days of the date of the alleged discrimination unless otherwise set forth in these rules. For the Supplemental Nutrition Assistance Program (SNAP) program, the Department shall refer all reports of civils rights discriminiation as defined by federal law are to the United State Department of Agriculture for investigation. The Department's Governor's Advocacy Office will track SNAP civil rights complaints received and forwarded. (3) A Report of Discrimination may be submitted verbally or on a Report of Discrimination Form available at any Department office or by calling any Department office. (4) The claim of discrimination will be investigated and will include an interview with the complainant and upon conclusion of the investigation, a Letter of Determination shall be issued within 60 calendar days from the receipt of the Discrimination Report. (5) An individual may appeal the Letter of Determination to the Civil Rights Review Board (CRRB) within thirty (30) calendar days of receiving the Letter of Determination. CRRB means a panel of Department employees appointed by the Director that reviews the decisions made by the Department ADA Coordinator or the Civil Rights Investigator on discrimination complaints filed with the Department. (6) At the discretion of CRRB, this may include additional communication with the client. (7) The remedies available under OAR 407-005-0000 through 407-005-0030 are available in addition to other remedies available under state or federal law or Oregon Administrative Rules, except that these remedies must be exhausted where exhaustion is a requirement of seeking remedies in another forum. Statutory/Other Authority: ORS 409.050 Statutes/Other Implemented: ORS 409.050 History: DHS 2-2025, amend filed 06/17/2025, effective 07/01/2025 DHSD 1-2006, f. & cert. ef. 3-1-06
407-005-0100 Purpose and Scope (1) These rules (OAR 407-005-0100 through 407-005-0120) describe the process for reporting, investigating, and resolving Department of Human Services' customer or client complaints about staff conduct, or customer service or lack of customer service received from Department personnel or Department contractors. (2) OAR 407-005-0100 through 407-005-0120 applies to Department personnel and Department contractors: (a) Department contractors shall have established processes for addressing customer service complaints received from Department customers or clients served by Department contractors that meet or exceed the requirements set forth in these rules (OAR 407-005-0100 through 407-005-0120); (b) Department contractors must cooperate with the Department’s customer service complaint process and investigation if complaints are filed against them with the Department; (c) Department contractors shall provide a copy of their established process upon request of the Department. (3) The customer service complaint process described in these rules does not apply to the following situations: (a) The customer or client is entitled to, or is requesting an administrative or contested case hearing; (b) The subject matter of the complaint should be or already has been decided by a judge; (c) The subject matter of the complaint is dissatisfaction or disagreement with a decision subject to review under OAR 582-020-0005 through 582-020-0125 (Vocational Rehabilitation Service Program); (d) The subject matter of the complaint is subject to review under OAR 413-010-0420 (Review of DHS Child Welfare Decisions): (A) Adoption committee decision; (B) Child Protective Services disposition; (C) Juvenile court ruling. (e) The subject matter of the complaint is a report of discrimination subject to review under OAR 407-005-0025 through 407-005-0030; (f) The subject matter of the complaint is subject to review under OAR 410-141-0260 through 410-141-0266 (Oregon Health Plan Prepaid health plan grievance system: PHP complaint and appeal procedures); (g) The subject matter of the complaint is subject to review under OAR 309-118-0000 through 0050 (Oregon State Hospital patient grievance process); or (h) Complaints filed anonymously. Anonymous complaints will be reviewed by the Governor’s Advocacy Office. Statutory/Other Authority: ORS 409.050 Statutes/Other Implemented: ORS 409.010 and 411.977 History: DHSD 7-2007, f. 8-31-07, cert. ef. 9-1-07
407-005-0105 Definitions The following definitions apply to OAR 407-005-0100 through 407-005-0120: (1) “Customers or Clients” means any individual or entity having contact with the Department seeking information, services, or reimbursement. This includes, but is not limited to: clients and their family members, informal client supports, advocates, Department staff, taxpayers, public officials, service providers, community based organizations, media, and other interested parties; (2) “Customer Service Complaint” means a written complaint filed by a customer or client that expresses dissatisfaction with staff conduct, customer service or lack of customer service received from Department personnel or Department contractors; (3) “Department” means the Department of Human Services. (4) “Department Contractors” means employees, volunteers, trainees, and other individuals or entities who contract with the Department to provide services. Statutory/Other Authority: ORS 409.050 Statutes/Other Implemented: ORS 409.010 and 411.977 History: DHSD 7-2007, f. 8-31-07, cert. ef. 9-1-07
407-005-0110 Customer Service Complaint Procedure (1) Customers or clients who are dissatisfied with staff conduct or some aspect of customer services received from Department personnel or Department contractors may file a customer service complaint with the Department. Customers or clients verbally expressing dissatisfaction with customer service will be informed by Department staff of the written customer service complaint process. (2) A customer service complaint must be filed within 60 calendar days from the date of the event that caused the dissatisfaction. Untimely complaints will not be processed. (3) Written customer service complaints may be filed by: (a) Postal mail; (b) email; (c) In person at any Department office; or (d) By contacting the Governor's Advocacy Office for assistance in filing a written customer service complaint. (4) The Department will assist customers or clients in completing a customer service complaint in writing at the request of a customer or client or when Department staff identifies a need for assistance. (5) Customer service complaints will be considered filed on the day the written complaint is received and date stamped by the Department. (6) Within five business days of receipt of a written customer service complaint, filed in a Department office, a copy will be sent to the Governor's Advocacy Office. (7) Within five business days of receipt of a written customer service complaint filed with the Governor's Advocacy Office, the complaint will be reviewed and sent to the appropriate Department office. (8) The Department will develop a process for tracking filed written customer service complaints. The tracking process will be utilized to assure compliance with these rules. (9) The Department shall post the customer service complaint process in an easily identifiable format in each local office of the Department. Statutory/Other Authority: ORS 409.050 Statutes/Other Implemented: ORS 409.010 & 411.977 History: DHS 2-2025, amend filed 06/17/2025, effective 07/01/2025 DHSD 10-2007, f. 11-30-07, cert. ef. 12-1-07 DHSD 7-2007, f. 8-31-07, cert. ef. 9-1-07
407-005-0120 Client Complaints - Retaliation Prohibited (1) ODHS may not discriminate against any individual because the individual has opposed any act or practice made unlawful by these rules, or because the individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the ADA or these rules. (2) ODHS may not coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by the ADA or these rules. Statutory/Other Authority: ORS 409.050 Statutes/Other Implemented: ORS 409.050, ORS 409.010 & 411.977 History: DHS 7-2022, amend filed 04/04/2022, effective 04/04/2022 DHS 21-2021, temporary amend filed 10/07/2021, effective 10/07/2021 through 04/04/2022 DHSD 7-2007, f. 8-31-07, cert. ef. 9-1-07
407-007-0000 Purpose and Scope (1) The purpose of these rules, OAR 407-007- 0000 to 407-007-0100 is to supplement OAR 125-007-0200 to 125-007-0330 with guidelines and requirements specific to background checks for Oregon Department of Human Services (Department or ODHS) and Oregon Health Authority (Authority or OHA) subject individuals (SIs). These rules provide for the reasonable screening under ORS 181A.195 , 181A.200 , 409.027 AND 413.036 of the Department’s employees, volunteers, and contractors to determine if they have a history of specific criminal behavior identified in federal or state law or rules such that they should not be allowed to work, volunteer, be employed, or otherwise perform in positions covered by these rules. (2) These rules apply to evaluating potentially disqualifying convictions and conditions of an SI when conducting fitness determinations based upon such information. The fact that an SI is approved does not guarantee employment or placement. Except for OAR 407-007-0010, these rules do not apply to SIs covered under OAR 407-007-0200 to 407-007-0370. (3) The Authority authorizes the Background Check Unit (BCU), a shared service of the Department and the Authority, to act on its behalf in performing criminal records checks. References in these rules to the Department or Authority are references to either or both agencies. (4) When the position the SI is having a criminal records check for also requires an abuse check under OAR 407-007-0400 to 407-007-0460 , the result of the criminal records check and abuse check will be completed as one final fitness determination or outcome . Statutory/Other Authority: ORS 181A.195, 181A.200 & 409.050 Statutes/Other Implemented: ORS 181A.195, 181A.200, 409.010 & 443.004 History: DHS 8-2024, amend filed 03/26/2024, effective 03/27/2024 DHS 5-2023, temporary amend filed 10/04/2023, effective 10/04/2023 through 03/30/2024 DHS 5-2022, minor correction filed 03/08/2022, effective 03/08/2022 DHS 23-2021, minor correction filed 12/13/2021, effective 12/13/2021 DHSD 2-2020, amend filed 02/10/2020, effective 02/10/2020 DHSD 4-2016, f. 6-9-16, cert. ef. 6-15-16 DHSD 2-2016(Temp), f. & cert. ef.1-14-16 thru 7-11-16 DHSD 9-2009, f. 12-31-09, cert. ef. 1-1-10 DHSD 7-2008, f. 8-29-08, cert. ef. 9-1-08 DHSD 2-2008(Temp), f. & cert. ef. 3-31-08 thru 9-26-08
407-007-0090 Record Keeping, Confidentiality (1) All LEDS reports are confidential and the Department shall maintain the reports in accordance with applicable OSP requirements in ORS chapter 181 and OAR chapter 257, division 15. (a) LEDS reports may only be shared with approved Department authorized designees if there is a need to know consistent with these rules. (b) The LEDS report and any photocopies may not be shown or given to the SI. (2) The results of a national criminal records check provided by the FBI or through OSP are confidential and may not be disseminated by the Department except: (a) If a fingerprint-based criminal records check was conducted on the SI, the SI shall be provided a copy of the results upon request. (b) During the contested case hearing, the Department shall provide state and national criminal offender information as exhibits. (3) All completed criminal records check requests, other criminal history information, and other records collected or developed during the criminal records check process shall be kept confidential and disseminated only on a need-to-know basis. (4) The Department shall retain and destroy all criminal records check documents pursuant to federal law and records retention schedules published by Oregon State Archives. Statutory/Other Authority: ORS 181A.195, 181A.200 & 409.050 Statutes/Other Implemented: ORS 181A.195, 181A.200 & 409.010 History: DHSD 2-2020, amend filed 02/10/2020, effective 02/10/2020 DHSD 18-2019, temporary amend filed 09/26/2019, effective 09/27/2019 through 03/24/2020 DHSD 4-2016, f. 6-9-16, cert. ef. 6-15-16 DHSD 2-2016(Temp), f. & cert. ef.1-14-16 thru 7-11-16 DHSD 9-2009, f. 12-31-09, cert. ef. 1-1-10 DHSD 7-2008, f. 8-29-08, cert. ef. 9-1-08 DHSD 2-2008(Temp), f. & cert. ef. 3-31-08 thru 9-26-08
407-007-0100 Variances (1) The outcome of a fitness determination made pursuant to these rules is not subject to variance. Challenges to fitness determinations may only be made through contested case hearing rights set forth in these rules or alternative options available to Department employees. (2) The Department may grant a variance based upon a demonstration by the Department program area or work unit that the variance would not pose a significant risk to the Department, its clients, or vulnerable individuals. (3) The program office or work unit requesting a variance shall submit, in writing, an application to the BCU that contains the following: (a) The section of the rule from which the variance is sought; (b) The reason for the proposed variance; (c) The alternative practice, service, method, concept or procedure proposed; (d) A plan and timetable for compliance with the section of the rule from which the variance is sought; and (e) An explanation on how the safety and well-being of the Department or affected individuals will be ensured during the time the variance period is in effect. (4) The Assistant Director or designee for the Department’s Administrative Services Division shall approve or deny the request for a variance. (5) The Department shall notify the program office or work unit of the decision. This notice shall be sent within 30 calendar days of the receipt of the request by the Department with a copy to other relevant divisions of the Department. (6) Appeal of the denial of a variance request shall be made in writing to the Department’s Director or designee, whose decision shall be final. (7) The duration of the variance shall be determined by the Department’s Director or designee. (8) The Department program office or work unit may implement a variance only after receipt of written approval from the Department. (9) Granting a variance does not set a precedent for subsequent requests for variances. Statutory/Other Authority: ORS 181.537 & 409.050 Statutes/Other Implemented: ORS 181.537 & 409.010 History: DHSD 9-2009, f. 12-31-09, cert. ef. 1-1-10 DHSD 7-2008, f. 8-29-08, cert. ef. 9-1-08 DHSD 3-2008(Temp), f. & cert. ef. 5-22-08 thru 11-17-08
407-007-0200 Purpose and Scope (1) The purpose of these rules, OAR 407-007-0200 to 407-007-0370, is to supplement OAR 125-007-0200 to 125-007-0330 with guidelines and requirements specific to background checks for Oregon Department of Human Services (Department or ODHS) and Oregon Health Authority (Authority) subject individuals (SIs). These rules provide for the reasonable screening under ORS 181A.195, 181A.200, 409.027, and 413.036 of SIs to determine if they have a history of specific criminal or abusive behavior identified in federal or state law or rules such that they should not be allowed to work, volunteer, be employed, reside, or otherwise perform in positions covered by these rules. (2) These rules apply to evaluating potentially disqualifying convictions and conditions of an SI when conducting fitness determinations based upon such information. The fact that an SI is approved does not guarantee employment or placement. These rules do not apply to individuals subject to OAR 407-007-0000 to 407-007-0100 (ODHS Employees, Volunteers, and Contractors) or 407-007-0400 to 407-007-0460 (Abuse Check Rules for Department Employees and Volunteers). (3) Providers for the Department and the Authority are subject to criminal records and abuse checks. The Authority authorizes the Department to act on its behalf in carrying out criminal and abuse checks associated with programs or activities administered by the Authority. References in these rules to the Department or Authority shall be construed to be references to either or both agencies. Statutory/Other Authority: ORS 181A.195, 181A.200, 183.459, 409.025, 409.027, 409.050, 410.020, 411.060, 411.122, 413.036, 418.016, 418.640, 441.055, 443.730, 443.735 & 678.153 Statutes/Other Implemented: ORS 181A.195, 181A.200, 183.459, 409.025, 409.027, 411.060, 411.122, 413.036, 409.010 & 443.004 History: DHS 24-2021, amend filed 12/15/2021, effective 12/17/2021 DHSD 2-2020, amend filed 02/10/2020, effective 02/10/2020 DHSD 5-2016, f. 6-10-16, cert. ef. 6-15-16 DHSD 1-2016(Temp), f. & cert. ef. 1-14-16 thru 7-11-16 DHSD 3-2013, f. & cert. ef. 8-1-13 DHSD 4-2012, f. & cert. ef. 8-1-12 DHSD 2-2012(Temp), f. & cert. ef. 2-27-12 thru 8-24-12 DHSD 8-2011, f. 10-28-11, cert. ef. 11-1-11 DHSD 7-2011(Temp), f. & cert. ef. 10-12-11 thru 11-1-11 DHSD 1-2011(Temp), f. & cert. ef. 4-15-11 thru 10-11-11 DHSD 10-2010, f. 10-29-10, cert. ef. 10-31-10 DHSD 10-2009, f. 12-31-09, cert. ef. 1-1-10 DHSD 7-2009, f. & cert. ef. 10-1-09 DHSD 2-2009, f. & cert. ef. 4-1-09 DHSD 10-2008, f. 12-26-08, cert. ef. 1-1-09 DHSD 8-2007, f. 8-31-07, cert. ef. 9-1-07, Renumbered from 410-007-0200 OMAP 8-2004, f. 2-26-04, cert. ef. 3-1-04
407-007-0230 Qualified Entity (1) A QE and its appointing authority must be approved in writing by the Department or Authority pursuant to these rules in order to appoint a QED. Documentation of a current and valid license, certification, contract, or letter of approval from the Department or Authority are considered proof of approval. Unless specifically indicated otherwise in these rules, all QEs and appointing authorities discussed in these rules are considered approved. (2) A QE shall ensure the completion of background checks for all SIs who are the QE’s employees, volunteers, or other SIs under the direction or control of the QE. (3) BCU may allow a QE’s appointing authority or the QED to appoint one or more QEIs based on the needs of the QE and the volume of SIs under the QE. (4) A QE’s appointing authority shall appoint QEDs as needed to remain in compliance with these rules and shall communicate any changes regarding QEDs or QEIs to BCU. BCU strongly recommends that the QE have at least one QED at any facility where clients are receiving care in order to handle any immediate QED responsibilities, such as removing an SI from work or placement when required. (5) If for any reason a QE no longer has any QEDs, the QE or appointing authority shall ensure that the confidentiality and security of background check records by immediately providing all background check related documents to BCU or to another QE as determined by BCU. (6) BCU shall provide QEs with periodic training and on-going technical assistance. (7) Any decisions made by BCU in regard to these rules are final and may not be overturned by any QE. Statutory/Other Authority: ORS 181A.200, 409.027 & 409.050 Statutes/Other Implemented: ORS 181A.195, 181A.200, 409.010, 409.027 & 443.004 History: DHSD 5-2016, f. 6-10-16, cert. ef. 6-15-16 DHSD 1-2016(Temp), f. & cert. ef. 1-14-16 thru 7-11-16 DHSD 2-2014, f. & cert. ef. 12-1-14 DHSD 3-2013, f. & cert. ef. 8-1-13 DHSD 4-2012, f. & cert. ef. 8-1-12 DHSD 2-2012(Temp), f. & cert. ef. 2-27-12 thru 8-24-12 DHSD 8-2011, f. 10-28-11, cert. ef. 11-1-11 DHSD 7-2011(Temp), f. & cert. ef. 10-12-11 thru 11-1-11 DHSD 1-2011(Temp), f. & cert. ef. 4-15-11 thru 10-11-11 DHSD 10-2010, f. 10-29-10, cert. ef. 10-31-10 DHSD 10-2009, f. 12-31-09, cert. ef. 1-1-10 DHSD 7-2009, f. & cert. ef. 10-1-09 DHSD 2-2009, f. & cert. ef. 4-1-09 DHSD 10-2008, f. 12-26-08, cert. ef. 1-1-09 DHSD 8-2007, f. 8-31-07, cert. ef. 9-1-07, Renumbered from 410-007-0230 OMAP 22-2005, f. & cert. ef. 3-29-05 OMAP 85-2004(Temp), f. & cert. ef. 11-4-04 thru 3-29-05 OMAP 77-2004(Temp), f. & cert. ef. 10-1-04 thru 3-29-05 OMAP 8-2004, f. 2-26-04, cert. ef. 3-1-04
407-007-0277 Convictions Under ORS 443.004 Resulting in Ineligibility for Mental Health or Alcohol and Drug Program SIs (1) This rule applies to subject individuals who are mental health or substance abuse treatment providers defined under ORS 443.004(8). (2) If BCU determines that an individual is subject to this rule and has a conviction listed in ORS 443.004(5), BCU shall make the determination of “Ineligible due to ORS 443.004.” Under OAR 125-007-0260, this determination is considered an incomplete fitness determination. A fitness determination with a weighing test is not required regardless of any other potentially disqualifying convictions and conditions the SI has. BCU shall provide notice of ineligibility due to ORS 443.004 to the individual. (3) An individual subject to this rule who is an employee and hired prior to July 28, 2009 is exempt from section (2) of this rule provided that the employee remains working for the same employer after July 28, 2009. The SI may transfer or promote to other positions with this same employer and remain exempt from section (2) of this rule. This exemption is not applicable to licensees. In this context: (a) For a personal support worker as defined in ORS 410.600, employed by an Authority client, the employer of record is the Authority unless restricted to one QE or client by a restricted approval under OAR 407-007-0320. (b) For adult foster homes, the SI may change jobs between homes throughout Oregon unless restricted to one QE or home by a restricted approval under OAR 407-007-0320. (c) If the SI works at a QE facility or agency that has a parent company or corporation, the SI may work at any QE facility or agency under the parent company or corporation. (d) For all other Sis, the employer is a QE. (4) If an individual subject to this rule is grandfathered under section (3) of this rule or is not found Ineligible due to ORS 443.004, the individual is subject to a fitness determination under OAR 125-007-0260 and 407-007-0320 for any other potentially disqualifying convictions or conditions in OAR 407-007-0281 and 407-007-0290. The original one or more convictions that led to grandfathering could be used as potentially disqualifying and in a weighing test only if there was a repetition of behavior shown in criminal history subsequent to the grandfathering convictions. (5) A determination of “Ineligible due to ORS 443.004” is not subject to appeal rights under OAR 125-007-0300 or 943-007-0501. Statutory/Other Authority: ORS 181A.195 & 409.050 Statutes/Other Implemented: ORS 181A.195 & 443.004 History: DHSD 2-2020, amend filed 02/10/2020, effective 02/10/2020 DHSD 18-2019, temporary amend filed 09/26/2019, effective 09/27/2019 through 03/24/2020 DHSD 5-2016, f. 6-10-16, cert. ef. 6-15-16 DHSD 1-2016(Temp), f. & cert. ef. 1-14-16 thru 7-11-16 DHSD 2-2014, f. & cert. ef. 12-1-14 DHSD 3-2013, f. & cert. ef. 8-1-13 DHSD 4-2012, f. & cert. ef. 8-1-12 DHSD 3-2012(Temp), f. & cert. ef. 4-13-12 thru 8-24-12