justicedao/ipfs_state_laws huggingface dataset:
585-005-0035 Preliminary Fitness Determination (1) The Executive Director or an authorized designee may conduct a preliminary fitness determination if Commission is interested in hiring or appointing a subject individual on a preliminary basis, pending a final fitness determination. (2) If the Executive Director or an authorized designee elects to make a preliminary fitness determination about a subject individual, pending a final fitness determination, the Executive Director or authorized designee shall make that preliminary fitness determination based on information disclosed by the subject individual and a LEDS criminal records check. (3) The Executive Director or the authorized designee may approve a subject individual as fit on a preliminary basis if the authorized designee has no reason to believe that the subject individual has made a false statement and the information available to the Executive Director or the authorized designee does not disclose that the subject individual: (a) Has pled nolo contendere (or no contest) to, been convicted of, found guilty except for insanity (or comparable disposition) of, or has a pending indictment for a crime listed under OAR 585-005-0050; (b) Has been arrested for or charged with a crime listed under OAR 585-005-0050; (c) Is being investigated for, or has an outstanding warrant for a crime listed under OAR 585-005-0050. (d) Is currently on probation, parole, or any form of post-prison supervision for a crime listed under OAR 585-005-0050; (e) Has a deferred sentence or conditional discharge or is participating in a diversion program in connection with a crime listed under OAR 585-005-0050; or (f) Has been adjudicated in a juvenile court and found to be within the court's jurisdiction for an offense that would have constituted a crime listed in OAR 585-005-0050 if committed by an adult. (4) If the information available to the Executive Director or the authorized designee discloses one or more of the circumstances identified in section (3), the Executive Director or the authorized designee may nonetheless approve a subject individual as fit on a preliminary basis if the Executive Director or the authorized designee concludes, after evaluating all available information, that hiring or appointing the subject individual on a preliminary basis does not pose a risk of harm to Commission, its client entities, the State, or members of the public. (5) If a subject individual is either approved or denied on the basis of a preliminary fitness determination, Executive Director or an authorized designee thereafter shall conduct a fitness determination under OAR 585-005-0045. (6) A subject individual may not appeal a preliminary fitness determination, under the processes provided under OAR 585-005-0060 or otherwise. Statutory/Other Authority: ORS 181A.195 & ORS 346.300 Statutes/Other Implemented: ORS 181A.195 & ORS 346.300 History: CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021 CFTB 2-2009, f. & cert. ef. 6-11-09
585-005-0040 Hiring or Appointing on a Preliminary Basis (1) Commission may hire or appoint a subject individual on a preliminary basis if the Executive Director or an authorized designee has approved the subject individual on the basis of a preliminary fitness determination under OAR 585-005-0035. (2) A subject individual hired or appointed on a preliminary basis under this rule may participate in training, orientation, or work activities as assigned by Commission. (3) A subject individual hired or appointed on a preliminary basis is deemed to be on trial service and, if terminated before completion of a final fitness determination under OAR 585-005-0045, may not appeal the termination under the processes provided under 585-005-0060. (4) If a subject individual hired or appointed on a preliminary basis is denied upon completion of a final fitness determination, then Commission shall immediately terminate the subject individual's employment in or appointment to a position covered by 585-005-0030. Statutory/Other Authority: ORS 346.300 & ORS 181A.195 Statutes/Other Implemented: ORS 346.300 & ORS 181A.195 History: CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021 CFTB 2-2009, f. & cert. ef. 6-11-09
585-005-0050 Crimes Relevant to a Fitness Determination The following are crimes relevant to a fitness determination made under OAR Chapter 585, Division 5. (1) Active Warrants. (2) Restraining Orders. (3) Sex Offender Registration. (4) Any Felony Conviction. (5) Any Sex Offense Conviction. (6) Any Controlled Substance Conviction within the past five years. (7) Any Violent Crimes against Persons within the past ten years. Statutory/Other Authority: ORS 346.300 & ORS 181A.195 Statutes/Other Implemented: ORS 346.300 & ORS 181A.195 History: CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021 CFTB 2-2009, f. & cert. ef. 6-11-09
585-005-0055 Incomplete Fitness Determination (1) Commission will close a preliminary or final fitness determination as incomplete when: (a) Circumstances change so that a person no longer meets the definition of a "subject individual" under OAR 585-005-0020(14); (b) The subject individual does not provide materials or information under OAR 585-005-0030 (1) within the timeframes established under that rule; (c) An authorized designee cannot locate or contact the subject individual; (d) The subject individual fails or refuses to cooperate with the Executive Director or an authorized designee's attempts to acquire other relevant information under OAR 585-005-0045(2); (e) Commission determines that the subject individual is not eligible or not qualified for the position of employee, volunteer, or contractor for a reason unrelated to the fitness determination process; or (f) The position is no longer open. (2) A subject individual does not have a right to a contested case hearing under OAR 585-005-0060 to challenge the closing of an incomplete fitness determination. Statutory/Other Authority: ORS 346.300 & ORS 181A.195 Statutes/Other Implemented: ORS 346.300 & ORS 181A.195 History: CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021 CFTB 2-2009, f. & cert. ef. 6-11-09
585-005-0070 Authorized Designees (1) Appointment. (a) The Executive Director or their designee shall designate the positions that include the responsibilities of an authorized designee; (b) Appointments shall be made by the Executive Director or their designee at their sole discretion. (2) Conflict of Interests. An authorized designee shall not participate in a fitness determination or review any information associated with a fitness determination for a subject individual if either of the following is true: (a) The authorized designee is a family member of the subject individual; or (b) The authorized designee has a financial or close personal relationship with the subject individual. If an authorized designee is uncertain of whether a relationship with a subject individual qualifies as a financial or close personal relationship under this subsection (b), the authorized designee shall consult with their supervisor prior to taking any action that would violate this rule if such a relationship were determined to exist. (3) Termination of Authorized Designee Status: (a) When an authorized designee's employment in a designated position ends, their status as an authorized designee is automatically terminated; (b) An authorized designee shall immediately report to their supervisor if they are arrested for or charged with, is being investigated for, or has an outstanding warrant or pending indictment for a crime listed in OAR 585-005-0050. Failure to make the required report is grounds for termination of the individual's appointment to a designated position and thereby termination of their status as an authorized designee. Statutory/Other Authority: ORS 346.300 & ORS 181A.195 Statutes/Other Implemented: ORS 346.300 & ORS 181A.195 History: CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021 CFTB 2-2009, f. & cert. ef. 6-11-09
585-005-0075 Fees Commission may charge a fee for acquiring criminal offender information for use in making a fitness determination of a subject individual. In any particular instance, the fee shall not exceed the fee(s) charged Commission by OSP and the FBI to obtain criminal offender information on the subject individual. Statutory/Other Authority: ORS 346.300 & ORS 181A.195 Statutes/Other Implemented: ORS 346.300 & ORS 181A.195 History: CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021 CFTB 2-2009, f. & cert. ef. 6-11-09
585-010-0020 Definition of Blindness for Vocational Rehabilitation The following definitions shall apply to all Oregon Administrative Rules contained in OAR Chapter 585, Division 10, unless the context requires otherwise: (1) “Client” refers to a person who is blind or visually impaired who receives vocational rehabilitation services through Commission. (2) "Counselor" means the client's assigned vocational rehabilitation counselor who is a staff member of Commission. (3) "IPE" means Individualized Plan for Employment; (4) "Commission" means the Oregon Commission for the Blind. (5) “OCCB” means Orientation and Career Center for the Blind. (6) “Person who is blind” refers to an individual who has been diagnosed by a qualified physician to have a medical condition that is: (a) Congenital or organic in nature; and (b) Results in loss of sight to the extent that the person’s central visual acuity does not exceed 20/200 in the better eye with best correction; or (c) The person’s central visual acuity exceeds 20/200 but is accompanied by limitation of the visual field to such a degree that its widest diameter subtends an angle of no greater than 20 degrees. (d) A person who has a functional disorder that does not have a known organic or structural cause is not considered to be a person who is blind for purposes of these rules. (7) “Person with a visual impairment” includes a person who is blind or has seriously impaired vision, or who has a condition that might lead to blindness. (8) “Vocational rehabilitation services” refers to any services necessary to enable a person who is blind to engage in educational and remunerative occupation or training opportunities. Statutory/Other Authority: ORS 346.150 & ORS 346.180 Statutes/Other Implemented: ORS 346.110-346.270 History: CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021 CFTB 1-2004, f. & cert. ef. 10-8-04 2BC 3, f. 4-27-60
585-010-0030 Disclosure and Use of Records Limited Except for the purposes directly connected with the administration of the programs of services to persons who are blind or visually impaired as provided for in ORS Chapter 346 and these rules, no person shall solicit, disclose, receive, make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of any lists, names, or any other information concerning persons that may become known to Commission either by application for services, for purposes of the register of persons who are blind, or for any other purpose directly or indirectly derived from the records, papers, files, or communications by any agency or department of government or person to which they may be furnished or acquired in the course of performance of official duties. Such records, papers, files and communications as identified herein are otherwise considered confidential. Statutory/Other Authority: ORS 346.150(2), ORS 346.180 & ORS 346.165-346.169 Statutes/Other Implemented: ORS 346.165-346.169 History: CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021 2BC 15, f. 2-10-71, ef. 3-11-71
585-015-0000 Introduction These rules govern the Business Enterprise Program of the Oregon Commission for the Blind. They are intended to supplement the governing law of the Randolph-Sheppard Act, 20 USC sections 107 to 107f and ORS 346.510 to 346.570. Statutory/Other Authority: HB 3253 (2017) Statutes/Other Implemented: ORS 346.510 to 346.570 & Randolph-Sheppard Act, 20 USC sections 107 to 107f History: CFTB 4-2017, adopt filed 12/21/2017, effective 12/21/2017
585-015-0040 Vending Machine Income from Federal Property (1) Vending machine income from federal property which is retained by a State Licensing Agency shall be used by such agency for the establishment and maintenance of retirement or pension plans, for health insurance contributions, and for the provision of paid sick leave and vacation time for blind vendors in such State , if it is so determined by a majority vote of blind vendors licensed by the State licensing agency , after such agency has provided to each such vendor information on all matters relevant to such purposes. Any vending machine income not necessary for such purposes shall be used by the State licensing agency for the maintenance and replacement of equipment, the purchase of new equipment, management services , and assuring a fair minimum return to vendors . Any assessment charged to blind vendors by a State licensing agency shall be reduced pro rata in an amount equal to the total of such remaining vending machine income . (2) In the event the Agency receives income from vending machines on federal property which may or may not be in direct competition with a licensed manager, the Agency will be guided by 34 CFR § 395.32 in distributing any such funds to a licensed manager. Any funds not distributed to a licensed manager shall be used by the Agency in accordance with 34 CFR § 395.8 to pay for the managers’ benefits package. (3) VENDING MACHINE INCOME FROM STATE AND OTHER PROPERTY - In the event the Commission collects and retains vending machine income from state and other properties that is not in direct competition with a vending facility manager, the funds shall be expended as described in OAR 346. Statutes/Other Implemented: 34 CFR § 395 & ORS 346.510 to 346.570 History: CFTB 3-2017, adopt filed 12/20/2017, effective 12/21/2017
585-015-0045 Statement of Full-Time Employment (1) Full-time employment for a vending facility manager is considered to be an average minimum of thirty (30) hours per week as represented by a vending facility manager fulfilling the following responsibilities: (a) Ensuring that the facility is operated according to permit or contract; (b) Daily contact with and supervision of scheduled employees; (c) Maintaining supervisory and direct control of the subcontractor; (d) Weekly contact with subcontractors; (e) Weekly contact with teaming partners; (f) Preparing and reporting paperwork; (g) Inventory control and purchasing; (h) Sales and profit and loss reviews; (i) Site visits to inspect vending facility for quality, cleanliness, and proper function of equipment; (j) Travel; (k) Stocking and servicing vending machines; (l) Cash management; (m) Maintaining auxiliary equipment necessary for the operation of a vending facility; (n) Upward mobility training in which the vending facility manager participates; (o) Training of employees; (p) Promoting, advertising, and marketing; (q) Contact with the building manager and related committees; and (r) Contact with Agency staff and others. (2) A vending facility manager is not expected to perform every responsibility every week. This section does not preclude a vending facility manager from taking vacations or being absent from the facility due to medical reasons or other documented reasons as approved by the Director. It is a responsibility of the vending facility manager to ensure the continued operation of the facility during these times. The Commission, with the active participation of the Business Enterprise Consumer Committee, shall develop a weekly log whereby the vending facility manager will document the above activities. This log is to be submitted to the Director on a monthly basis. (3) It is the intent of the Commission to provide full-time employment opportunities for vending facility managers. If a vending facility manager is unable to meet the average minimum of 30 hours per week by performing all of the responsibilities outlined in this section, the Commission will assist the vending facility manager in finding more full-time employment opportunities. Statutory/Other Authority: 183.341 & HB3253 Statutes/Other Implemented: 346.510-346.570 History: CFTB 4-2017, adopt filed 12/21/2017, effective 12/21/2017 CFTB 2-2017, temporary adopt filed 11/03/2017, effective 11/03/2017 through 05/01/2018
585-015-0055 Fair Minimum Return (1) The Fair Minimum Return policy is established to ensure that all vending facility managers earn at least a minimum amount of annual income. (2) The fair minimum return yearly income rate will be established annually, with the active participation of the BECC. To be determined eligible for the fair minimum return, a vending facility manager must: (a) Earn less than the fair minimum return rate of annual net proceeds for cafeterias, snack bars, convenience stores and self-operated vending routes; or (b) Earn less than the fair minimum return rate of gross income for sub-contracted facilities. Eligible vending facility managers qualify for the fair minimum return when the following criteria are met: (c) The vending facility manager meets the minimum requirements of OAR 585-015-0045, vending facility manager statement of full-time employment; (d) Cafeterias, snack bars, espresso carts for which the vending facility manager has operating agreements have net earnings below the annual fair minimum return amount and have a yearly average profit percentage of at least 15%; (e) Subcontracted vending routes that have gross earnings below the annual fair minimum return level, and an annual average profit percentage of 25%; (f) Self-operated vending routes that have net earnings below the annual fair minimum return level and an annual average profit percentage of at least 20%; (g) Any additional income received, not discussed above, from sub-contracting, or teaming partners, would be added to the vending facility manager’s annual earnings at the total gross amount received, when calculating the vending facility manager’s annual average income; and (h) The vending facility manager owes no past due set-aside, has submitted all required monthly set-aside reports and has a fully executed operating agreement. (3) Distribution and availability of funds - Fair minimum return payments will be issued annually, in February, after the December facility reports have been received and annual average profit percentage are calculated. This rule is subject to the availability of funds. If funds are not available, fair minimum return payments would not be made. (4) This policy remains in effect through the 2019 calendar year. Statutory/Other Authority: HB 3253 (2017) Statutes/Other Implemented: ORS 346.510 to 346.570 History: CFTB 3-2017, adopt filed 12/20/2017, effective 12/21/2017
585-020-0010 Definitions The following definitions apply to these rules: (1) "Client" means a person who has applied for and been accepted for services under the rules of Commission. (2) “Counselor” means the client’s assigned vocational rehabilitation counselor who is a staff member of Commission. (3) "Equipment" means an item that is determined necessary for the individual’s employment goal. (4) "Commission" means the Oregon Commission for the Blind. (5) “Training” means preparation needed to prepare, qualify, and reach an employment goal. Statutory/Other Authority: ORS 346.150 Statutes/Other Implemented: ORS 346.110-300 History: CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021 CFTB 3-2009, f. & cert. ef. 8-7-09 CFTB 1-2005, f. & cert. ef. 2-11-05 2BC 1-1986, f. & ef. 4-11-86
585-020-0015 Conditions Under Which Equipment May Be Provided (1) Vocational Training: (a) A Commission staff member or the client’s counselor in consultation with the client will perform an analysis prior to purchase of any equipment to identify the most appropriate equipment needed to complete training to perform a job. (b) Available equipment may be loaned or purchased for training. (c) The client’s counselor will assist the client to obtain appropriate training in the use of equipment. (d) Commission will fund the costs associated with training the client in the use of equipment, if any. (2) Employment: (a) After the client has obtained a job offer, a Commission staff member will perform a job analysis prior to purchase of any equipment to help identify the most appropriate equipment needed to perform the job. The employer's technical support staff or an outside consultant may be used to make technical recommendations. (b) Available equipment may be loaned to an employer for demonstration purposes, or for use by a client, until permanent equipment is purchased or repaired. (c) The client’s counselor will assist the client to obtain appropriate training in the use of equipment prior to the client beginning a job or once the client is on the job. 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 2BC 1-1986, f. & ef. 4-11-86
585-020-0020 Financing Equipment (1) Clients and their counselors will attempt to use all possible financial resources to pay for job-related equipment before seeking financial support from Commission. Potential resources may include: (a) Employer purchases equipment; (b) Client purchases equipment and lists it as a work-related expense under the Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) programs; (c) Client uses Social Security Plan for Achieving Self Support (PASS) to purchase equipment; or (2) Equipment that may be categorized as “rehabilitation technology,” as defined by the federal Rehabilitation Act, does not require the use of other resources. Commission will fund the purchase of basic rehabilitation technology. Although not required, other possible financial resources available to the client may be considered by the client in consultation with their counselor and utilized to purchase rehabilitation technology. 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
585-020-0025 Maintenance of Equipment (1) Commission may issue equipment for use by clients and provide for its maintenance while Commission retains ownership of the equipment. (2) If available, service or maintenance agreements may be considered when appropriate, depending on the job environment and other related factors. Counselors should look first to purchase equipment which has at least a one-year warranty. (3) Whenever available, used equipment in Commission’s inventory will be issued to clients. 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
585-020-0030 Property Receipts and Transfer of Ownership (1) Clients are required to sign property receipts for equipment provided to them with a cost of $5000 or more. Receipts verify that the client received the item and spell out the applicable conditions of these rules. (2) When ownership of equipment and software are transferred to a client, the client is required to sign a transfer of ownership form. This verifies that equipment and software have been assigned to the client and spells out the applicable conditions of this policy. 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