justicedao/ipfs_state_laws huggingface dataset:
582-010-0021 Approval Policy for Category A Providers (1) Category A providers of community rehabilitation services are those providers exclusively paid by OVRS to provide the following listed services: (a) Medical, psychiatric, psychological, social, and vocational services that are provided under one management; (b) Evaluation or control of specific disabilities; (c) Physical and occupational therapy; (d) Recreational therapy; (e) Speech, language and hearing therapy; (f) Psychiatric, psychological and social services, including positive behavior management; (g) Psychosocial rehabilitation services (h) Rehabilitation technology; (i) Testing, fitting, or training in the use of prosthetic and orthotic devices; (j) Personal assistance services; (k) Child care: or (l) Professionals or entities licensed by a state or federal agency (excluding OVRS), acting within the scope of their license, and providing any services covered by OAR 582-010-0022(1). (2) In addition to compliance with any other applicable requirements in chapters 407 and 582 of the Oregon Administrative Rules, these providers are eligible for the approved vendor list if they maintain compliance with the relevant licensing or certifying body. (3) Providers of child care who are not eligible to apply for registration with the Child Care Division of the Employment Department under OAR 414-205-0000 may be placed on the Approved Vendor List if they successfully complete a Criminal History Check from either DHS or the Child Care Division of the Employment Department. (4) Providers of personal assistance services who are not qualified or certified providers for this service under Chapter 411 of the Oregon Administrative Rules may be placed on the Approved Vendor List if they successfully complete a DHS Criminal History Check. (5) OVRS requires that providers of child care and providers of personal assistance services who are required by this rule to satisfy criminal history check requirements shall also comply with DHS criminal history check requirements with respect to each new employee or volunteer who will provide “care” (as defined at OAR 407-007-0210(4)) to OVRS clients prior to the start of care for an OVRS client. Prior to reapplication for the Approved Vendor List, these providers may be required by OVRS to repeat a criminal history check as a result of information received about vendor qualifications, behavior or performance. Statutory/Other Authority: ORS 344.530 Statutes/Other Implemented: ORS 344.530 & 344.550 History: Reverted to VRS 5-2004, f. & cert. ef. 8-5-04 Suspended by VRS 1-2009(Temp), f. & cert. ef. 2-11-09 thru 8-9-09 VRS 5-2004, f. & cert. ef. 8-5-04
582-010-0030 Termination or Denial of Approval or Interim Approval (1) The decision to deny or terminate "Approval” or “Interim Approval" shall be made in writing by OVRS. This notice shall contain the reason, the effective date, any requirements for reinstatement if applicable, and the appeals process. (2) OVRS will provide compensation for verifiable, authorized services provided by the provider of community rehabilitation services prior to the effective date of termination. (3) No OVRS funds will be provided for services or grant activities after the effective date as stated in the OVRS notice. (4) OVRS may provide a 30-day notice of termination or denial where any of the following reasons apply: (a) Mutual agreement; (b) Failure to provide or complete the required application; (c) Termination of accreditation by the certifying body; or (d) Failure to meet a service commitment. (5) OVRS may terminate or suspend an approval without 30-days notice for any of the following reasons: (a) Engagement in or toleration of sexual harassment of any kind toward a client, i.e., deliberate or repeated comments, gestures or physical contact of sexual nature; (b) Violation of any applicable federal, state or civil rights law; (c) Commitment of fraud, misrepresentation, or serious error of authorization on billing statement; (d) Acting alone or engaging in collusion to withhold information, or submit false or misleading documentation in order to generate payment; (e) Acting alone or engaging in collusion to violate any OVRS Administrative Rule (chapter 582); (f) Instructing any individual to engage in behavior contrary to the requirements of OVRS Administrative Rules (chapter 582); or (g) Engagement in any behavior or comments likely to cause public embarrassment to OVRS clients. (6) An informal appeal of a decision to deny or terminate approval may be made to the OVRS Administrator within 30 days of the date of the written decision. Statutory/Other Authority: ORS 344.530 Statutes/Other Implemented: ORS 344.530 & 344.550 History: Reverted to VRS 5-2004, f. & cert. ef. 8-5-04 Suspended by VRS 1-2009(Temp), f. & cert. ef. 2-11-09 thru 8-9-09 VRS 5-2004, f. & cert. ef. 8-5-04 VRS 2-2003, f. & cert. ef. 12-31-03
582-020-0005 Dispute Resolution, General (1) It is the intent of the Program to resolve disputes between the Program and its clients quickly and fairly. (2) Clients who are dissatisfied or disagree with a decision by Program personnel that affects the provision of vocational rehabilitation services to them shall have available a range of dispute resolution options, including problem solving, informal resolution, mediation, impartial due process hearing, and formal administrative review. (3) The Program shall inform clients about the range of dispute resolution options available and their right to seek the assistance of the Client Assistance Program. (4) The dispute resolution process is framed by the approved State Plan, the Rehabilitation Act of 1973 as amended (29 U.S.C. 701 et seq.), federal vocational rehabilitation regulations, relevant state statutes, the Administrative Procedures Act, and the Program’s administrative rules and policies. The Program has not adopted the Model Rules of Procedure for Contested Cases OAR 137 ‐ 003 ‐ 0000 to 137 ‐ 003 ‐ 0700. (5) In the dispute resolution process clients must: (a) Cooperate with scheduled meetings; (b) Attend scheduled meetings and hearing related proceedings; (c) Submit paperwork in a timely manner; and (d) Reasonably provide relevant information as requested. Statutory/Other Authority: ORS 344.530 & 344.590 Statutes/Other Implemented: ORS 344.530, 344.550 & 344.590 History: VRS 3-2020, amend filed 02/21/2020, effective 03/06/2020 VRS 1-2004, f. & cert. ef. 1-30-04
582-020-0015 Problem Solving (1) A client may request that their Program counselor engage in problem-solving with the client to resolve a dispute regarding the client's vocational rehabilitation services. A Notice of Proposed Action is not required for the client to request problem-solving. For purposes of this rule, a dispute does not necessarily involve a Program action that entitles the client to mediation or hearing rights. (2) The Program may include a supervisor or other assigned Program employee in the meeting to resolve the issue. The client may have a representative or support person present during the discussions. (3) Both parties must agree to participate in problem-solving. The Program 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 client requesting a hearing or mediation. 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. Statutory/Other Authority: ORS 344.530 & 344.590 Statutes/Other Implemented: ORS 344.530, 344.550 & 344.590 History: VRS 1-2023, amend filed 03/31/2023, effective 04/14/2023 VRS 3-2020, amend filed 02/21/2020, effective 03/06/2020 VRS 5-2004, f. & cert. ef. 8-5-04 VRS 1-2004, f. & cert. ef. 1-30-04
582-020-0020 Notice of Dispute Resolution Rights (1) The Program shall provide a written Notice of Vocational Rehabilitation Dispute Resolution Rights (DHS 2872) 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 client is assigned to a category during an order of selection; (c) At the time the individualized plan for employment (IPE) is developed; and (d) Whenever vocational rehabilitation services are denied, terminated, suspended, or reduced. (2) The Notice of Vocational Rehabilitation Dispute Resolution Rights shall include the following information: (a) Statement about the continuum of dispute resolution processes available to the client, including problem-solving, informal dispute resolution, mediation and an impartial due process 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 mediators and Impartial Hearing Officers (IHO) to a case; (d) The availability of the Client Assistance Program to assist the client with mediation or a hearing, including contact information; (e) That interpreters and materials in alternative formats are available, if needed. Statutory/Other Authority: ORS 344.530(2) & 344.590 Statutes/Other Implemented: ORS 183.310 - 183.550, 344.511 - 344.690 & 344.710 - 344.730 History: VRS 1-2023, amend filed 03/31/2023, effective 04/14/2023 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 VRD 2-1993, f. & cert. ef. 9-15-93 VRD 1-1990, f. & cert. ef. 11-26-90 VRD 1-1981, f. & ef. 12-1-81 VRD 21, f. & ef. 3-5-76
582-020-0025 Notice of Action and Notice of Procedural Rights The Notice of Proposed Action must include the following: (1) The date the Notice of Proposed Action is mailed; (2) A short and plain statement about the action the Program intends to take, including citations to the regulations, rules, statutes or policies involved; (3) Statement about the reason for the action; (4) Statement indicating whether and under what circumstances an order by default may be entered; (5) A description of the procedure and time to request a hearing. (6) Statement of the authority of the Program; and, (7) The information provided in the Vocational Rehabilitation Dispute Resolution Rights. Statutory/Other Authority: ORS 344.530 & 344.590 Statutes/Other Implemented: ORS 344.511 ‐ 344.690 History: VRS 1-2023, amend filed 03/31/2023, effective 04/14/2023 VRS 3-2020, adopt filed 02/21/2020, effective 03/06/2020
582-020-0030 Informal Dispute Resolution (1) When the client submits a request for mediation or a hearing, the parties may also request informal dispute resolution before the mediation or the hearing proceeds. A client does not need to request informal dispute resolution in order to request mediation or a hearing. (2) The client may have a representative in the informal dispute resolution process. (3) The Program retains the right to appoint representation as deemed appropriate. (4) The Program may decline to participate in informal dispute resolution if the client refuses to cooperate in scheduling or participating in a meeting to discuss the action, the same action has been resolved by the dispute resolution process and no further appeal rights are available, or prior attempts to resolve the disputed action have been unsuccessful. (5) If the subject of the mediation or hearing request is resolved through the informal dispute resolution process, the resolution shall be confirmed in writing by the parties, and: (a) The client shall withdraw the request for mediation or a hearing; or (b) If the client fails to withdraw the request for hearing, the Program, if the matter has not yet been assigned to an Impartial Hearing Officer, or the Impartial Hearing Officer, if the matter has already been assigned, shall issue an order dismissing the client's hearing request. (6) If the client or the Program is represented in the informal dispute resolution process, all settlement offers must be communicated to the party's representative. (7) A client's request to engage in informal dispute resolution process does not extend the applicable legal timeframes to hold the hearing or to resolve the mediation, unless the parties agree to an extension for specific period. Statutory/Other Authority: ORS 344.530 & 344.590 Statutes/Other Implemented: ORS : 344.511 - 344.690 History: VRS 1-2023, amend filed 03/31/2023, effective 04/14/2023 VRS 3-2020, amend filed 02/21/2020, effective 03/06/2020 VRS 5-2004, f. & cert. ef. 8-5-04 VRS 1-2004, f. & cert. ef. 1-30-04 VRD 4-1997, f. & cert. ef. 11-20-97 VRD 2-1993, f. & cert. ef. 9-15-93 VRD 1-1990, f. & cert. ef. 11-26-90 VRD 1-1981, f. & ef. 12-1-81 VRD 21, f. & ef. 3-5-76
582-020-0040 Continuation of Services The Program may not deny, terminate, suspend, or reduce vocational rehabilitation services being provided to a client, including evaluation and assessment services and individualized plan for employment (IPE) development, pending a resolution through mediation, pending a decision by the Impartial Hearing Officer or Reviewing Official, or pending informal dispute resolution, unless: (1) The client or client's representative requests suspension, reduction, or termination of services pending the outcome of dispute resolution process; or (2) The Program 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 344.530 & 344.590 Statutes/Other Implemented: ORS 344.530 & ORS 344.540 & 344.590 History: VRS 1-2023, amend filed 03/31/2023, effective 04/14/2023 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
582-020-0055 Selection of Impartial Hearing Officer (1) Impartial Hearing Officers (IHOs) are assigned from a pool of qualified individuals who meet the requirements of OAR 582-020-0010(7) and who have been identified jointly by the Program and the State Rehabilitation Council. (2) Impartial Hearing Officers are assigned on a rotational basis unless the parties agree in advance to the assignment of a specific Impartial Hearing Officer from the pool outside of the rotation. (3) Either party may request that the assigned Impartial Hearing Officer remove themselves because of a potential conflict of interest or disqualification. Requests based on conflict of interest shall be reviewed under the standards of Rule 3.10 of the Oregon Code of Judicial Conduct (disqualification) and 34 CFR 361.5(c)(24)(i)(F) (an individual has no personal, professional, or financial interest that would be in conflict with the objectivity of the individual). If the Impartial Hearing Officer removes themselves or is removed under section (5) of this rule, a new Impartial Hearing Officer shall be chosen by rotation from the pool unless the parties agree to a specific Impartial Hearing Officer from the pool outside of the rotation. (4) If the Impartial Hearing Officer denies a request to withdraw under section (3) of this rule, the Impartial Hearing Officer shall advise the parties in writing of the nature of the alleged conflict and the rationale for the decision not to remove themselves. (5) The Impartial Hearing Officer's decision not to remove themself may be appealed immediately to the Program Director whose decision is final. Statutory/Other Authority: ORS 344.530 & 344.590 Statutes/Other Implemented: ORS 344.511 ‐ 344.690 History: VRS 1-2023, amend filed 03/31/2023, effective 04/14/2023 VRS 3-2020, adopt filed 02/21/2020, effective 03/06/2020
582-020-0060 Prehearing Conferences (1) Prior to hearing, the Impartial Hearing Officer shall conduct at least one prehearing conference to facilitate the conduct and resolution of the case. Unless both parties agree that no conference is desired, the parties must attend and participate in at least one scheduled prehearing conference. (2) The purposes of a prehearing conference may include, but are not limited to the following: (a) To facilitate discovery and resolve disagreements about discovery; (b) To identify, simplify, and clarify issues directly related to the disputed Program action identified in the hearing request; (c) To eliminate irrelevant or non-hearable issues; (d) To obtain stipulations of fact and admit documents into evidence; (e) To authenticate documents; (f) Provide a written list of all supporting documents to be used during the hearing process and a list of the names of all witnesses expected to testify; (g) To decide the order of proof and other procedural matters pertaining to the conduct of the hearing; (h) To discuss the use of a collaborative dispute resolution process in lieu of or preliminary to holding the contested case hearing; (i) To schedule the date, time and location of the hearing or for any other matters connected with the hearing, including motion hearings, dates for pre-filed testimony and exhibits and exchange of exhibits and witness lists; and (j) To discuss settlement or other resolution or partial resolution of the case. (3) The prehearing conference may be conducted in person or by telephone or videoconference. (4) The Impartial Hearing Officer shall make a written record of any stipulations, rulings and agreements. Stipulations to facts and to the authenticity of documents and agreements to narrow issues shall be binding upon the parties to the stipulation unless good cause is shown for rescinding a stipulation or agreement. Statutory/Other Authority: ORS 344.530 & 344.590 Statutes/Other Implemented: ORS 344.511 - 344.690 History: VRS 1-2023, amend filed 03/31/2023, effective 04/14/2023 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
582-020-0065 Impartial Hearing Officer Responsibility to Maintain a Hearing Record (1) The Impartial Hearing Officer (IHO) shall maintain an audio record of all prehearing conference events, whether by telephone, videoconference, or in person. (2) The Impartial Hearing Officer shall maintain a written record of all hearing events, including, but not limited to, all pleadings, Notices of Proposed Action, email correspondence, exhibits submitted, witness lists, stipulations, agreements, rulings, orders, and decisions. (3) The Impartial Hearing Officer does not have the authority to order a court reporter or other resource to create or maintain the written or audio record at the Program's expense. Any additional resources requested and to be paid by the Program shall be agreed to by the Program. Statutory/Other Authority: ORS 344.530 & 344.590 Statutes/Other Implemented: ORS 344.511 ‐ 344.690 History: VRS 1-2023, amend filed 03/31/2023, effective 04/14/2023 VRS 3-2020, adopt filed 02/21/2020, effective 03/06/2020
582-020-0070 Discovery (1) Before the hearing, the parties shall provide to the IHO and the other party a list of witnesses the party intends to call to testify at the hearing, and any documents that the parties intend to offer as evidence. The IHO may set a deadline to exchange witness lists and exhibits. The IHO may exclude witnesses or evidence that was not provided by this deadline unless the party offers a satisfactory reason for having failed to do so, or unless excluding the evidence would violate the duty to conduct a full and fair inquiry of the issue. (2) Any discovery request shall be reasonably likely to produce information that is generally relevant and necessary to the case, or is likely to facilitate resolution of the case. (3) The client may review the Program case file. However, materials protected under 34 CFR 361.38(c)(2) because of potential harm to the client may be withheld from clients representing themselves if these materials are not offered into evidence at the hearing. (4) The Program, an attorney representing one of the parties, or the IHO may issue subpoenas for the attendance of witnesses or the production of documents. (5) Depositions may not be taken without the Program’s express authorization. (a) A party seeking to take the testimony of a material witness by deposition shall file a written request with the Program, with a copy to the IHO. The request shall include the name and address of the witness, a showing of materiality of the testimony of the witness, an explanation of why a deposition rather than informal, or other means of discovery, is necessary, and a request for the purpose of recording testimony. (b) The Program shall consider the petition and issue a written order either granting or denying the deposition. If the Program grants the deposition, the deposition shall be taken on the terms the Program may order, including, but not limited to, location, manner of recording, time of day, individuals permitted to be present, and duration. The Program shall not pay for any deposition taken by the client. 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
582-020-0075 Program Representation during Impartial Hearings (1) The Program may be represented by an Assistant Attorney General. (2) Subject to the approval of the Attorney General, an employee of the Program is authorized to appear as the lay representative in hearings governed by OAR chapter 582, division 020. (3) A Program representative may not make legal argument. (a) Legal argument includes arguments on: (A) The jurisdiction of the agency to hear the contested case; (B) The constitutionality of a statute or rule or the application of a constitutional requirement to the agency; and (C) The application of court precedent to the facts of the particular contested case proceeding. (b) Legal argument does not include presentation of evidence, examination and cross ‐ examination of witnesses or presentation of factual arguments or arguments on: (A) The application of the facts to the statutes or rules directly applicable to the issues in the contested case; (B) Comparison of prior actions of the Program in handling similar situations; (C) The literal meaning of the statutes or rules directly applicable to the issues in the contested case; and (D) The admissibility of evidence or the correctness of procedures being followed. (4) When a lay representative represents the Program, the IHO shall advise the representative of the manner in which objections may be made and matters preserved for appeal. Such advice is of a procedural nature and does not change applicable law on waiver or the duty to make timely objection. Where such objections involve legal argument, the IHO shall provide reasonable opportunity for the Program employee to consult legal counsel and permit legal counsel to file written legal argument within a reasonable time after conclusion of the hearing or to represent the Program if the hearing is continued. Statutory/Other Authority: ORS 344.530 & 344.590 Statutes/Other Implemented: ORS 344.511 ‐ 344.690 History: VRS 3-2020, adopt filed 02/21/2020, effective 03/06/2020