justicedao/ipfs_state_laws huggingface dataset:
582-020-0080 Impartial Hearing Officer's Decision (1) The Impartial Hearing Officer's (IHO) decision shall be based on the approved State Plan, the federal Rehabilitation Act, federal vocational rehabilitation regulations, relevant state statutes, and the Program’s administrative rules and policies. (2) The IHO shall provide a full written report of the findings and grounds for his or her decision to the parties within 30 calendar days the date the hearing was completed, unless the parties agree to an extension for a specific period of time. The written report shall include any findings from pre ‐ hearing conferences, motion hearings or any other formal hearing events, unless the IHO has already issued a separate order with these findings. (3) A party who is dissatisfied with the IHO’s decision may request a Formal Administrative Review of that decision within 20 days following the date of mailing of the IHO’s decision. The date of mailing shall be the date identified on the certificate of mailing attached to the decision; if there is no certificate, the date of mailing shall be the date of the postmark; if there is no certificate or postmark, the date of mailing shall be the date of the decision. (4) The IHO’s decision is final, unless either party timely requests a Formal Administrative Review of the decision. If a FAR is requested, the IHO’s order shall be automatically stayed and the decision may not be implemented while the FAR is pending. (5) If neither party timely requests a FAR, the IHO’s decision becomes the Program’s final order and shall be implemented 21 days from the date of mailing of the IHO’s decision. If both parties agree in writing that they will not appeal the IHO’s decision, the decision may become the Program’s final order and implemented earlier than 21 days after the mailing date of the IHO’s decision. Statutory/Other Authority: ORS 344.530 & 344.590 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: VRS 3-2020, amend filed 02/21/2020, effective 03/06/2020 VRS 1-2004, f. & cert. ef. 1-30-04 VRD 4-1997, f. & cert. ef. 11-20-97
582-020-0085 Program Appeals The Program Director or designee shall approve any decision by the Program to challenge a decision by an Impartial Hearing Officer, a reviewing official, or a court of law. Statutory/Other Authority: ORS 344.530(2), & 344.590 Statutes/Other Implemented: ORS 344.511 ‐ 344.690 & 344.710 ‐ 344.730 History: VRS 3-2020, amend filed 02/21/2020, effective 03/06/2020 VRS 5-2004, f. & cert. ef. 8-5-04
582-020-0090 Formal Administrative Review (1) A party who is dissatisfied with the IHO’s decision may request a Formal Administrative Review (FAR) of the decision within 20 days from the mailing of the IHO’s decision, as described in OAR 582 ‐ 020 ‐ 0080(3). The request shall be in writing and filed with the Program Dispute Resolution Coordinator at the Central Administrative Office in Salem. (2) A party may not request a Formal Administrative Review before the hearing process has ended or before the Impartial Hearing Officer has issued a final decision. (3) The FAR shall be conducted by a reviewing official. (4) On receipt of a timely request for FAR, the Program Dispute Resolution Coordinator shall promptly notify the reviewing official and the parties.The Program Dispute Resolution Coordinator shall provide the entire hearing record to the reviewing official. (5) The reviewing official shall provide both parties with an opportunity to submit in writing additional evidence and information relevant to a final decision concerning the action under review. Each party shall submit that information to the reviewing official and other party. If the reviewing official does not provide a schedule for submitting written materials, all written materials shall be received by the reviewing official no later than 20 days following the date the Program’s Dispute Resolution Coordinator sent its notice of the pending request, as described in section (3) of this rule. (6) The reviewing official shall make an independent, final decision following review of entire hearing record and provide the decision in writing, including a full report of the findings and the statutory, regulatory, or policy grounds for the decision to the client, the client's representative, and to the Program Dispute Resolution Coordinator within 30 days following the date of the request for a FAR. (7) The reviewing official may not overturn or modify the IHO’s decision, or any part of that decision, that supports the position of the client unless the reviewing official concludes, based on clear and convincing evidence, that the decision of the IHO is clearly erroneous on the basis of being contrary to the approved State Plan, the federal Rehabilitation Act, federal vocational rehabilitation regulations, and Program administrative rules and policies that are consistent with federal requirements. (8) The reviewing official’s decision is a final order unless either party appeals the decision to state court or brings a civil action under OAR 582 ‐ 020-0095. (9) If a party appeals or brings a civil action to challenge the reviewing official’s final order, the order must be implemented pending review by the court, unless a stay is requested and granted by the Program or otherwise ordered by a court. Statutory/Other Authority: ORS 344.530 & 344.590 Statutes/Other Implemented: ORS 344.511 - 344.690 History: VRS 3-2020, amend filed 02/21/2020, effective 03/06/2020 VRS 1-2004, f. & cert. ef. 1-30-04 VRD 4-1997, f. & cert. ef. 11-20-97
582-020-0095 Civil Action Any party who disagrees with the reviewing official’s final order may bring a civil action with respect to the disputed action. The action may be brought in any state court of competent jurisdiction or in a district court of the United States of competent jurisdiction without regard to the amount in controversy. Statutory/Other Authority: ORS 344.530 & 344.590 Statutes/Other Implemented: ORS 344.530 & ORS 344.540 & 344.590 History: VRS 3-2020, adopt filed 02/21/2020, effective 03/06/2020
582-030-0000 General Provisions The purposes of this division are to: (1) Implement policies and procedures for the protection, use and release of personal information about individuals applying for or receiving Vocational Rehabilitation (Program) services, consistent with federal statutes and regulations for the Program. (2) Implement the confidentiality statutes for the Program in ORS 344.530(1)(b) and 344.600. (3) Clarify how these regulations incorporate and supplement other applicable federal and state laws and regulations. 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 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
582-030-0008 Billing Policy and Procedures (1) An individual or an individual's representative, including Disability Rights Oregon’s Client Assistance Program (CAP) representing that individual, may request a copy of information from the individual’s files at no cost once every 12 months. If the individual requests another copy of the same information, more frequently than once every 12 months, then the Program may impose a reasonable, cost-based fee. (2) The Program shall charge for the cost of making the record available to the extent permitted by OAR 407-003-0010. (3) All moneys received shall be handled and recorded under approved state accounting procedures. (4) If the Program denies an initial verbal request for waiver or reduction of fees, the requestor shall submit a written request. If the Program subsequently denies the written request for a waiver or reduction of fees, the requestor may petition the Attorney General for a review of the denial pursuant to the provisions of ORS 192.440(5) and 192.450. (5) At the option of the Branch office that processes the requested material, the Branch manager as the Director designee may waive assessment of a fee. [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
582-030-0020 Release of Information to Other Agencies, Organizations, or Authorities (1) Form 2099 (Authorization for Use and Disclosure of Health Information), or other sufficient written authorization, shall be used to obtain client permission to release or obtain client information. Before the client or client’s representative signs this form it must be completed to indicate informed consent, involved parties and timelines for obtaining or releasing specified information. For a client who has been adjudicated legally incapacitated, the parent or legal guardian must also sign the form. (2) The cover page of any document, record, or report containing the Program’s client information released to any other agency, organization or person shall be imprinted with a statement that reads: CONFIDENTIAL This information cannot be released to any other person, agency, or organization without the prior written approval of the Oregon Vocational Rehabilitation Program. (3) Release to other agencies or programs. Upon receiving the informed written consent of the individual, the Program may release individual information to another agency or organization to assist with vocational rehabilitation services. The Program may restrict disclosure of individual information believed to be harmful if released directly to an individual until the Program secures written agreement from the requester that the information shall be used only for the purposes authorized and may not be further released to the individual. (4) Release for audit, evaluation, or research. The Program may release confidential information to an organization, agency, or authority engaged in audit, evaluation, or research only for purposes directly connected with the administration of the vocational rehabilitation program, or for purposes which would significantly improve the quality of life for individuals with disabilities and only when the Program is assured that: (a) The information shall be used only for the purposes authorized; (b) The information shall be released only to authorities officially connected with the authorized activity; (c) The information shall not be released to the involved individual; (d) The information shall be managed in a manner to safeguard confidentiality; and (e) The final product shall not reveal the identity of any involved individual without the individual or representative's written consent. [Publications: Publications referenced are available from the agency.] [ED. NOTE: Forms 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 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 VRD 3-1981, f. & ef. 12-1-81 VRD 22, f. & ef. 3-5-76
582-030-0025 Subpoenas (1) The Director is the official custodian of all records for the Program. Any subpoena for release of an Program records shall be directed to the Director at the Program’s central administration. (2) A subpoena generated or authorized by an individual participating in the Program or the individual’s attorney to testify or release individual information is deemed to be an informed written consent from the individual, except as prohibited by law. (3) Upon verification that an individual's attorney is authorized to issue the subpoena on the individual’s behalf, Program employees may communicate with the individual's attorney within the scope of the request to the extent provided under OAR 582-030-0030. (4) Without a valid written authorization from the individual or an order issued by a judge, magistrate or other authorized judicial officer, Program employees may not provide the individual information in response to a subpoena not generated by or authorized by an individual or the individual’s attorney. (5) Any Program employee who appears in response to a subpoena not generated by or authorized by the individual or the individual’s attorney and without a valid written authorization shall read a statement at the start of the appearance instead of providing documents or testifying about an individual. The statement shall explain that the documents and testimony are confidential and privileged under federal and state law. If after making this statement to a judge, magistrate or other authorized judicial officer, the judge, magistrate or other judicial officer issues an order, the Program employee shall comply with the order, including providing any documents or testimony within the scope of the order. Statutory/Other Authority: ORS 344.530 Statutes/Other Implemented: ORS 344.530, 344.540(1) & 344.600 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 3-2004, f. & cert. ef. 3-12-04
582-030-0040 Exceptions to Written Consent Requirements (1) The following reporting and response to investigations are required: (a) The Program employees shall report to the appropriate authorities abuse of individuals age 65 and over, (see ORS 124.060), under the age of 18, (see ORS 419B.010), individuals 18 age or over with developmental disabilities or mental illness, (see ORS 430.765), and residents of long-term care facilities, (see ORS 441.640); (b) The Program shall release the individual’s information if required by federal law or in response to investigations in connection with law enforcement, fraud or abuse (unless expressly prohibited by federal or state laws or regulations) or in response to an order issued by a judge, magistrate or other authorized judicial officer. (2) Response to Child Support Enforcement. An individual authorized under federal law may access information for the Federal Parent Locator Service under ORS 25.265. (3) The Program may release an individual’s information to protect the individual or others when the individual poses a threat to his or her safety or to the safety of others. (4) For deceased Individuals: (a) Vital Statistics. These rules do not restrict the disclosure of the Program identifying information relating to the death of an individual under laws requiring the collection of vital statistics or permitting inquiry into the cause of death; (b) Consent by Personal Representative. Other requirements of these rules notwithstanding, if written consent to disclosure is required, that consent may be given by an executor, administrator or other personal representative appointed under applicable state law. If there is no such appointment, consent may be given by the spouse or other responsible member of the individual's family. (5) Participation in State Agency Information Exchange: The Program shall participate in the State Shared Information System (SIS) or Performance Reporting Information System (PRISM), and Department information sharing to the extent allowed by and consistent with state and federal law and regulations. (6) The Program may disclose the minimum information necessary for purposes directly connected with the administration of vocational rehabilitation; federal Rehabilitation Services Administration; or other state or federal agencies with regulatory authority over the Program or administrative responsibilities necessary for Program services. [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 Reverted to VRS 5-2004, f. & cert. ef. 8-5-04 VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11 VRS 5-2004, f. & cert. ef. 8-5-04 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
582-030-0050 The Individual’s Right to Amend Records (1) An individual who believes that information in the record of services is inaccurate or misleading may request the Program to amend the information. The Program is not required to amend the record of services. If the Program does not amend the information, the individual may prepare an amending statement and request that the Program insert the statement into the record of services. (2) The Program may not amend or remove a record created and received from another agency, program, or independent contractor, but may accept amended records from another agency, program, or independent contractor to supplement the record of service. 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
582-050-0010 General Provisions (1) Eligibility requirements are applied without regard gender, race, creed, color, religion, ethnicity or national origin, nature or severity of disability, age, sexual orientation, residency or political ideation. Unless otherwise stated in the context, the rules in OAR 582-050 pertain only to Vocational Rehabilitation Services. (2) Except for individuals whose impairments fall within the definition of legal blindness, or are of a rapidly progressive nature leading to legal blindness, OVRS shall not exclude any group of individuals from eligibility for services solely on the basis of type of disability or impairment. Statutory/Other Authority: ORS 344.530 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11 Reverted to VRS 5-2004, f. & cert. ef. 8-5-04 VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11 VRS 5-2004, f. & cert. ef. 8-5-04 VRD 2-1993, f. & cert. ef. 9-15-93 VRD 2-1991, f. & cert. ef. 9-11-91 VRD 3-1978, f. 3-14-78, ef. 3-15-78
582-050-0050 Citizenship Citizenship is not a requirement for eligibility. A person may be eligible for Vocational Rehabilitation Services if he/she meets the basic criteria for eligibility in chapter 582, division 50 of the Oregon Administrative Rules and he/she is: (1) In the United States for other than a temporary purpose; and (2) Legally entitled to hold employment in this country. Statutory/Other Authority: ORS 344.530 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: VRS 1-2005, f. & cert. ef. 1-11-05 VRS 5-2004, f. & cert. ef. 8-5-04 VRD 2-1991, f. & cert. ef. 9-11-91 VRD 4-1981, f. & ef. 12-1-81
582-050-0060 Residency (1) There is no requirement for duration of residence in Oregon as part of the determination of eligibility. (2) OVRS may provide services to an otherwise eligible individual, available and able to participate in services leading to an employment outcome, if the individual is: (a) Currently living in the State of Oregon, regardless of duration; or (b) Currently and legally employable in the State of Oregon and seeking services to retain or advance in employment with the same employer; or (c) All of the following apply: (A) The individual is currently living in a state not in an Order of Selection; (B) The vocational rehabilitation office closest to the individual's residence is an OVRS office; and (C) The individual is not in the state for the sole purpose of receiving vocational rehabilitation services. (3) OVRS may, through mutual agreement, cooperate with another state's Vocational Rehabilitation Agency in the implementation or supervision of planned services of an Individualized Plan for Employment. (4) Reasonable effort is made to assure that duplicate services are not provided concurrently in more than one state VR Agency nor shall more than one file per individual be open and active within OVRS. (5) When an individual in open plan status establishes residence in another state and is no longer available to participate actively with the Oregon case-carrying counselor in the provision of services, the counselor may: (a) Negotiate with the Vocational Rehabilitation Agency of the new state-of-residence to obtain assistance in supervision of the OVRS services needed to complete the plan and obtain employment; or (b) Close the case file 'other than rehabilitated' due to the individual being 'unavailable for services.' If requested by the individual, the office may provide copies of appropriate in-file data to the vocational rehabilitation agency of the new state-of-residence. (6) The office may close an individual's case file when the individual relocates outside the state of Oregon if: (a) The individual is not in plan status; or (b) The individual does not meet Residency criteria. (7) OVRS may retain the case file of an individual who relocates outside of Oregon if the individual is in open plan status at the time of relocation and remains available to participate actively with the Oregon case-carrying counselor. Statutory/Other Authority: ORS 344.530 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11 Reverted to VRS 1-2005, f. & cert. ef. 1-11-05 VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11 VRS 1-2005, f. & cert. ef. 1-11-05 VRS 5-2004, f. & cert. ef. 8-5-04 VRD 2-1993, f. & cert. ef. 9-15-93 VRD 2-1991, f. & cert. ef. 9-11-91 VRD 4-1981, f. & ef. 12-1-81
582-070-0040 Repossession/Disposition of Non-Expendable Property (1) For tools, supplies, equipment, vehicles, etc., funded by OVRS and needed by the individual for employment at time of closure as employed (from Individualized Plan for Employment or post-employment services), ownership or title is transferred to the individual. (2) If an individual is closed as 'other than rehabilitated', or if tools, supplies, equipment, vehicles, etc., are not needed while the individual is receiving plan services or not needed by the individual employed at the time of a successful closure, where practical and appropriate, such property shall be repossessed and reassigned or otherwise disposed of by OVRS if this property was funded by OVRS and has a current aggregate value of $1000 or more: (a) For such property with a current aggregate value under $1000, the counselor may agree to transfer the property to the ownership of the individual. Such agreements are only valid if the agreement is written. If there is no such agreement, the counselor shall make a reasonable effort to repossess the property through voluntary cooperation by the involved individual, individual's family or other individual who may be in current possession of said property, including small claims court; and (b) For property with current values estimated to be $1000 or more in the aggregate, OVRS may pursue, if necessary, other available legal means to regaining such property, or its equivalent value, including obtaining advice or assistance from the office of the attorney general. (3) Any property funded by OVRS that has been purchased via prescription (such as glasses, hearing aids, wheelchairs) may be retained by the individual, with justification at closure documented in the individual’s record. Statutory/Other Authority: ORS 344.530 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11 Reverted to VRS 1-2005, f. & cert. ef. 1-11-05 VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11 VRS 1-2005, f. & cert. ef. 1-11-05 VRS 5-2004, f. & cert. ef. 8-5-04 VRD 2-1992, f. & cert. ef. 4-20-92