justicedao/ipfs_state_laws huggingface dataset:
436-120-0800 Registration of Providers (1) A provider may not provide vocational assistance services unless the provider is first registered by the director under this rule. (2) A provider must submit an application, Form 2814, “Vocational Assistance Certification Program Registration of Vocational Assistance Provider,” to the division that includes a description of the specific vocational services to be provided and verification of staff certifications under these rules. (3) The director may approve or deny registration based on the completed application and the department’s registration and counselor certification records. (a) The registration will specify the scope of authorized vocational services as determined by the provider’s staff certifications. (b) Providers whose registration is denied under this rule may appeal as described in OAR 436-120-0008. (4) A registered provider must: (a) Notify the division within 30 days of any changes in office address, telephone number, contact person, or staff; and (b) Maintain worker vocational assistance files for four years after the end of vocational assistance with that provider. Statutory/Other Authority: ORS 656.340(9) & 656.726(4) Statutes/Other Implemented: ORS 656.340 History: WCD 4-2016, f. 11-28-16, cert. ef. 1-1-17 WCD 3-2009, f. 12-1-09, cert. ef. 1-1-10 WCD 8-2007, f. 11-1-07, cert. ef. 12-1-07 WCD 7-2002, f. 5-30-02, cert. ef. 7-1-02 WCD 6-2000, f. 4-27-00, cert. ef. 6-1-00 WCD 6-1996, f. 2-6-96, cert. ef. 3-1-96 WCD 10-1994, f. 11-1-94, cert. ef. 1-1-95, Renumbered from 436-061-0200 & 436-120-0203 WCD 11-1987, f. 12-17-87, cert. ef. 1-1-88 WCD 7-1985, f. 12-12-85, cert. ef. 1-1-86 WCD 5-1983, f. 12-14-83, cert. ef. 1-1-84, Renumbered from 436-061-0180 WCD 2-1983, f. & cert. ef. 6-30-83 WCD 9-1982, f. 5-28-82, cert. ef. 6-1-82 WCD 8-1981(Temp), f. 12-31-81, cert. ef. 1-1-82 WCD 4-1981, f. 12-4-81, cert. ef. 1-1-82
436-120-0820 Renewal of Certification (1) Required documentation. A certified individual must renew their certification every five years by submitting Form 1880, “Vocational Assistance Certification Program Individual Certification under OAR 436-120,” and the following documentation to the division no later than 30 days before the end of the certification period: (a) Current certification by the Commission on Rehabilitation Counselor Certification (CRCC), the Commission for Case Managers Certification (CCMC), or the Certification of Disability Management Specialists Commission (CDMSC); or (b) Verification of a minimum of 60 hours of continuing education units under this rule within the five years before renewal. (2) Continuing education. (a) The director will accept continuing education units for: (A) Training approved by the CRCC, CCMC, or CDMSC; (B) Courses in or related to psychology, sociology, counseling, or vocational rehabilitation, if given by an accredited institution of higher learning; (C) Training presented by the division pertaining to OAR 436-120, 436-105, or 436-110; (D) Teaching a class or making a formal presentation to a group on a topic related to vocational rehabilitation; and (E) Any continuing education program certified by the director for providers. Sixty minutes of continuing education will count as one unit, except as noted in subsection (b) of this section. (b) In the case of college course work, the director will grant credit only for grades of C or above and will multiply the number of credit hours by six to establish the number of continuing education units. Statutory/Other Authority: ORS 656.340(9) & ORS 656.726(4) Statutes/Other Implemented: ORS 656.340 History: WCD 15-2024, amend filed 06/07/2024, effective 07/01/2024 WCD 4-2022, amend filed 06/13/2022, effective 07/01/2022 WCD 4-2016, f. 11-28-16, cert. ef. 1-1-17 WCD 5-2010, f. 9-15-10, cert. ef. 11-15-10 WCD 3-2009, f. 12-1-09, cert. ef. 1-1-10 WCD 8-2007, f. 11-1-07, cert. ef. 12-1-07 WCD 7-2002, f. 5-30-02, cert. ef. 7-1-02 WCD 4-2001, f. 4-13-01, cert. ef. 5-15-01 WCD 6-2000, f. 4-27-00, cert. ef. 6-1-00 WCD 6-1996, f. 2-6-96, cert. ef. 3-1-96 WCD 10-1994, f. 11-1-94, cert. ef. 1-1-95
436-120-0840 Professional Standards for Providers and Counselors (1) Providers and counselors must: (a) Determine eligibility and provide assistance in an objective manner not subject to any conditions other than those prescribed in these rules; (b) Fully inform the worker of the categories and kinds of vocational assistance under OAR 436-120 and re-employment assistance under OAR 436-110; (c) Document all case activities in legible file notes or reports; (d) Provide only vocationally relevant information about workers in written and oral reports; (e) Recommend workers only for suitable employment; (f) Fully inform the worker of the purpose and results of all testing and evaluations; and (g) Comply with generally accepted standards of conduct in the vocational rehabilitation profession. (2) Providers and counselors may not: (a) Provide evaluations or assistance if there is a conflict of interest or prejudice concerning the worker; (b) Enter into any relationship with the worker to promote personal gain or the gain of a person or organization in which the provider or counselor has an interest; (c) Engage in or tolerate sexual harassment of a worker. “Sexual harassment” means deliberate or repeated comments, gestures, or physical contact of a sexual nature; (d) Violate any applicable state or federal civil rights law; (e) Commit fraud, misrepresent, or make a serious error or omission in connection with an application for registration or certification; (f) Commit fraud, misrepresent, or make a serious error or omission in connection with a report or return-to-work plan or the vocational assistance activities or responsibilities of a provider under OAR chapter 436; (g) Engage in collusion to withhold information, or submit false or misleading information relevant to the determination of eligibility or provision of vocational assistance; (h) Engage in collusion to violate these rules or other rules of the department; (i) Fail to comply with an order of the director to provide specific vocational assistance, except as provided in ORS 656.313; or (j) Instruct any individual to make decisions or engage in behavior that is contrary to the requirements of these rules. Statutory/Other Authority: ORS 656.340(9) & 656.726(4) Statutes/Other Implemented: ORS 656.313 & 656.340 History: WCD 15-2024, amend filed 06/07/2024, effective 07/01/2024 WCD 4-2016, f. 11-28-16, cert. ef. 1-1-17 WCD 3-2009, f. 12-1-09, cert. ef. 1-1-10 WCD 8-2007, f. 11-1-07, cert. ef. 12-1-07 WCD 3-2004, f. 3-5-04 cert. ef. 4-1-04 WCD 7-2002, f. 5-30-02, cert. ef. 7-1-02 WCD 6-2000, f. 4-27-00, cert. ef. 6-1-00 WCD 10-1994, f. 11-1-94, cert. ef. 1-1-95, Renumbered from 436-120-0207 WCD 11-1987, f. 12-17-87, ef. 1-1-88
436-120-0900 Audits, Penalties and Sanctions (1) Insurers and employers at injury must fully participate in any department audit, periodic program review, investigation, or review, and provide records and other information as requested. (2) If the director finds the insurer or employer at injury failed to comply with OAR 436-120, the director may impose one or more of the following sanctions: (a) Reprimand by the director; (b) Recovery of reimbursements; (c) Denial of reimbursement requests; or (d) A civil penalty under ORS 656.745. (3) In determining the amount of a civil penalty to be assessed the director may consider: (a) The degree of harm inflicted on the worker; (b) Whether there have been previous violations or warnings; and (c) Other matters as justice may require. Statutory/Other Authority: ORS 656.340 & 656.726(4) Statutes/Other Implemented: ORS 656.340, 656.447, 656.745(1) & (2) History: WCD 4-2016, f. 11-28-16, cert. ef. 1-1-17 WCD 3-2009, f. 12-1-09, cert. ef. 1-1-10 WCD 8-2007, f. 11-1-07, cert. ef. 12-1-07 WCD 8-2005, f. 12-6-05, cert. ef. 1-1-06 WCD 7-2002, f. 5-30-02, cert. ef. 7-1-02 WCD 6-2000, f. 4-27-00, cert. ef. 6-1-00 WCD 10-1994, f. 11-1-94, cert. ef. 1-1-95, Renumbered from 436-120-0255 & 436-120-0270 WCD 11-1987, f. 12-17-87, cert. ef. 1-1-88 WCD 7-1985, f. 12-12-85, cert. ef. 1-1-86, Renumbered from 436-061-0981 WCD 5-1983, f. 12-14-83, cert. ef. 1-1-84 WCD 2-1983, f. 6-30-83, cert. ef. 6-30-83 WCD 4-1981, f. 12-4-81, cert. ef. 1-1-82
436-140-0001 Authority for Rules These rules are promulgated under the director's authority pursuant to ORS 656.726(4) and 656.174. Statutory/Other Authority: ORS 656.726(4) & 656.174 Statutes/Other Implemented: ORS 656.170, 656.172 & 656.174 History: WCD 10-2000, f. 12-11-00, cert. ef. 12-15-00
436-140-0002 Purpose The purpose of these rules is to implement ORS 656.170 and 656.172, and to establish and provide procedures and requirements for the administration and enforcement of programs entered into under ORS 656.170 and 656.172. Statutory/Other Authority: ORS 656.726(4) & 656.174 Statutes/Other Implemented: ORS 656.170, 656.172 & 656.174 History: WCD 10-2000, f. 12-11-00, cert. ef. 12-15-00
436-140-0003 Applicability of Rules (1) These rules shall be applicable on their effective date and thereafter to carry out the provisions of ORS 656.170 and 656.172. (2) Notwithstanding sections 2 and 3, chapter 841, Oregon Laws 1999 (ORS 656.170 and 656.172), prior to January 1, 2002 the director may issue letters of eligibility to only two qualified unions for participation in an alternative dispute resolution system authorized under section 2 of the 1999 Act (656.170). The director may not issue letters of eligibility after January 1, 2002. (3) These rules apply to parties to a collective bargaining agreement only insofar as and only to the extent that the agreement contains the provisions provided by ORS 656.170, has been approved by the director, and for which eligibility has been established under these rules. (4) Except as otherwise provided by law, the provisions of ORS Chapter 656, OAR chapters 436, and 438 apply to programs entered into under these rules, unless the collective bargaining agreement expressly specifies otherwise. (5) Applicable to this chapter, the director may, unless otherwise obligated by statute, waive any procedural rules as justice so requires. Statutory/Other Authority: ORS 656.726(4) & 656.174 Statutes/Other Implemented: ORS 656.170, 656.172 & 656.174 History: WCD 10-2000, f. 12-11-00, cert. ef. 12-15-00
436-140-0005 Definitions For the purpose of these rules, unless the context requires otherwise: (1) "Alternative dispute resolution system" means a process that exists outside the normal Workers' Compensation system to settle disputes arising from a workers' compensation claim. (2) "Arbitration" means the hearing and determination of a case in controversy by an arbiter. (3) "Collective bargaining representative" means a person who represents a union. (4) "Construction carve-out program" means a program established pursuant to ORS 656.170 and 656.172 for either an alternative dispute resolution system or use of a list of medical service providers, or both, which the director has approved and for which eligibility has been established under these rules. (5) "Director" means the Director of the Department of Consumer and Business Services, or the director’s delegate for the matter. (6) "Division" means the Workers’ Compensation Division of the Department of Consumer and Business Services. (7) "Employer" is limited to a private employer, or group of employers, engaged in construction; construction maintenance; or activities limited to rock, sand, gravel, cement and asphalt operations; heavy duty mechanics; surveying; or construction inspection. (8) "Employee" is limited to an employee of an employer defined by section (7) of this rule. (9) "Insurer" includes "insurer," "guaranty contract insurer," and "self-insured employer" as defined by ORS 656.005. (10) "Letter of eligibility" means a letter issued by the director under ORS 656.172(4) indicating that eligibility to participate in a construction carve-out program has been established under ORS 656.170 and 656.172. (11) "Mediation" means the act or process of intervening between conflicting parties to promote reconciliation, settlement, or compromise. (12) "Plan administrator" means the person responsible for administering the Construction Carve-Out Program. (13) "Union" means a collective bargaining union that is recognized or certified as the exclusive bargaining representative of employees for an employer or group of employers. Statutory/Other Authority: ORS 656.726(4) & 656.174 Statutes/Other Implemented: ORS 656.170, 656.172 & 656.174 History: WCD 10-2000, f. 12-11-00, cert. ef. 12-15-00
436-140-0006 Administration of Rules Any orders issued by the division in carrying out the director's authority under ORS Chapter 656 and these rules are considered orders of the director. Statutory/Other Authority: ORS 656.726(4) & 656.174 Statutes/Other Implemented: ORS 656.170, 656.172 & 656.174 History: WCD 10-2000, f. 12-11-00, cert. ef. 12-15-00
436-140-0030 Medical Services (1) A construction carve-out program may establish a list of medical service providers that the parties agree is the exclusive source of all medical treatment provided under ORS Chapter 656. (2) A construction carve-out program shall establish a method for access to medical services for workers no longer subject to the agreement when those injuries were sustained under the collective bargaining agreement. Statutory/Other Authority: ORS 656.726(4) & 656.174 Statutes/Other Implemented: ORS 656.170, 656.172 & 656.174 History: WCD 10-2000, f. 12-11-00, cert. ef. 12-15-00
436-140-0040 Compensation Benefit amounts that exceed the statutory rates under ORS Chapter 656 shall not be subject to reimbursement from the Workers’ Benefit Fund. Statutory/Other Authority: ORS 656.726(4) & 656.174 Statutes/Other Implemented: ORS 656.170, 656.172 & 656.174 History: WCD 10-2000, f. 12-11-00, cert. ef. 12-15-00
436-140-0045 Multiple Claims; Expiration or Termination of Collective Bargaining Agreement; Responsibility (1) Disputes involving multiple claims when one or more of the claims are not subject to the collective bargaining agreement shall be resolved pursuant to ORS 656.307, 656.308, and OAR chapter 436. (2) Upon expiration of the collective bargaining agreement without renewal, or after termination of any arrangement under ORS 656.170 and 656.172, the insurer is responsible for benefits and claims in accordance with the provisions of ORS Chapter 656 unless otherwise provided for under the agreement. Statutory/Other Authority: ORS 656.726(4) & 656.174 Statutes/Other Implemented: ORS 656.170, 656.172 & 656.174 History: WCD 10-2000, f. 12-11-00, cert. ef. 12-15-00
436-140-0050 Duties and Responsibilities of Employer (1) An employer or group of employers that participates in a construction carve-out program shall comply with coverage requirements under ORS 656.017. (2) The participating employer or group of employers shall report all claims made under the program to the insurer as with other claims. (3) The participating employer or group of employers shall comply with the terms of the collective bargaining agreement and construction carve-out program. Statutory/Other Authority: ORS 656.726(4) & 656.174 Statutes/Other Implemented: ORS 656.170, 656.172 & 656.174 History: WCD 10-2000, f. 12-11-00, cert. ef. 12-15-00
436-140-0060 Insurer Duties and Responsibilities (1) An insurer who contracts to provide coverage to an employer or group of employers under a construction carve-out program shall timely report claims made under the construction carve-out program to the director. (2) The insurer shall provide benefits in accordance with the terms of the collective bargaining agreement and construction carve-out program. (3) The insurer shall segregate all loss and payroll data for reporting and research purposes. Data shall be forwarded to the director upon request. Statutory/Other Authority: ORS 656.726(4) & 656.174 Statutes/Other Implemented: ORS 656.170, 656.172 & 656.174 History: WCD 10-2000, f. 12-11-00, cert. ef. 12-15-00
436-140-0070 Reporting Requirements (1) In order to ensure the construction carve-out program continues to comply with the eligibility requirements of these rules, the employer, or group of employers, and collective bargaining representative shall: (a) Upon renegotiation of the collective bargaining agreement, provide the director with a copy no less than 30 days before the agreement takes effect, including an estimate of the number of employees covered by the agreement; and (b) On an annual basis, provide the director the following: (A) A copy of a valid license when that license is required of the employer or group of employers to conduct business in Oregon; (B) A signed, sworn statement that no action has been taken by any administrative agency or court of the United States to invalidate the collective bargaining agreement; (C) The name, address, and telephone number of the contact person of the employer or group of employers; (D) A statement from the insurer or self-insured employer that the insurer or self-insured employer is willing to insure the risk under the terms of the collective bargaining agreement; (E) A copy of the most recent LM-2 or LM-3 filing with the United States Department of Labor, and a signed, sworn statement that the document is a true and correct copy; and (F) The name, address, and telephone number of the contact person for the collective bargaining representative. (2) Upon request of the director, a construction carve-out program shall provide a listing by category of medical service providers, including provider names, specialty, Tax ID number, Oregon license number, business address and phone number. The listing shall include all health care providers participating in the construction carve-out program. (3) Nothing in this rule limits the director's authority to require information as necessary to monitor compliance with these rules. (4) The plan administrator and/or insurer may apply to the director for approval to modify forms or notices required by rule or bulletin. No modified form or notice shall be used without the director’s prior approval. Statutory/Other Authority: ORS 656.726(4) & 656.174 Statutes/Other Implemented: ORS 656.170, 656.172 & 656.174 History: WCD 10-2000, f. 12-11-00, cert. ef. 12-15-00
436-140-0090 Suspension or Revocation (1) Prior eligibility of a construction carve-out program may be suspended or revoked if any of the following occur: (a) The director finds a serious danger to the public health or safety; (b) The construction carve-out program fails to provide services under the terms of the collective bargaining agreement; (c) The employer, or group of employers, collective bargaining representative, and/or insurer fails to comply with ORS Chapter 656, OAR 436-140, or orders of the director; or (d) The employer, or group of employers, collective bargaining representative, and/or insurer submits any false or misleading information pertaining to the eligibility. (2) The director shall provide written notice of intent to suspend or revoke eligibility. (a) The notice shall: (A) Describe generally the acts and the circumstances that would be grounds for suspension or revocation; and (B) Advise of the right to a hearing in the case of revocation; and the date, time and place of the hearing in the case of suspension. (b) The notice shall be served as provided in OAR 436-140-0130. (3) The hearing shall be conducted as provided in OAR 436-140-0008. (4) Suspension or revocation shall have the effect of removing director approval and eligibility of the construction carve-out program. A revoked program will have to re-apply for director approval and a letter of eligibility to be effective. (5) Notwithstanding any other provision of this rule, in any case where the director finds a serious danger to the public health or safety and sets forth specific reasons for such findings, the director may immediately revoke the eligibility of a construction carve-out program without opportunity for a hearing. The order must be served upon the employer and/or collective bargaining representative as provided in OAR 436-140-0130. Such order shall be final, unless the parties request a hearing. The process for review shall be as provided in OAR 436-140-0008. Statutory/Other Authority: ORS 656.726(4) & 656.174 Statutes/Other Implemented: ORS 656.170, 656.172 & 656.174 History: WCD 10-2000, f. 12-11-00, cert. ef. 12-15-00
436-140-0100 Monitoring/Auditing (1) The director may conduct periodic audits of construction carve-out programs as necessary to ensure compliance with ORS 656.170, 656.172, and these rules. (2) All records of a construction carve-out program shall be produced upon request of the director. Statutory/Other Authority: ORS 656.726(4) & 656.174 Statutes/Other Implemented: ORS 656.170, 656.172 & 656.174 History: WCD 10-2000, f. 12-11-00, cert. ef. 12-15-00
436-140-0120 Sanctions and Civil Penalties; Rule Violations (1) The director may assess a civil penalty under ORS 656.745 against an employer, group of employers, or insurer that violates ORS chapter 656, OAR 436-140, or an order of the director. (2) Any complaint alleging a violation of these rules must be made in writing to the director. The complaint must: (a) State the grounds for the alleged rule violation; (b) Include the specific instances of the alleged rule violation; (c) State the complainant's request for correction and relief; and (d) Include sufficient documentation to support the complaint. Statutory/Other Authority: ORS 656.726(4) & 656.174 Statutes/Other Implemented: ORS 656.745 History: WCD 12-2019, amend filed 12/18/2019, effective 01/01/2020 WCD 10-2000, f. 12-11-00, cert. ef. 12-15-00
436-140-0130 Service of Orders (1) An order or notice of the director shall include a notice of the party's appeal rights and shall be served upon the party when the director does any of the following: (a) Notifies an applicant that a program is not approved pursuant to OAR 436-140-0010(4); (b) Suspends or revokes eligibility of a construction carve-out program pursuant to OAR 436-140-0090; or (c) Assesses a civil penalty under the provisions of OAR 436-140-0120. (2) The director shall serve the order by delivering a copy to the party in the manner provided by Oregon Rules of Civil Procedure 7D(3), or by sending a copy to the party by certified mail with return receipt requested. Statutory/Other Authority: ORS 656.726(4) & 656.174 Statutes/Other Implemented: ORS 656.170, 656.172 & 656.174 History: WCD 10-2000, f. 12-11-00, cert. ef. 12-15-00
436-150-0001 Authority for Rules These rules are promulgated under the director’s authority contained in ORS 656.726(4) and ORS 656.445. Statutory/Other Authority: ORS 656.445 & 656.726(4) Statutes/Other Implemented: ORS 656.445 History: WCD 3-2021, minor correction filed 04/07/2021, effective 04/07/2021 WCD 12-2001, f. 12-7-01, cert. ef. 1-1-02
436-150-0002 Purpose The purpose of these rules is to establish guidelines for regulating, managing, and disbursing moneys in the Workers’ Benefit Fund for the purpose of advancing funds to injured workers who have not received payment of compensation due from an insurer in default. Statutory/Other Authority: ORS 656.445 & 656.726(4) Statutes/Other Implemented: ORS 656.445 History: WCD 4-2021, minor correction filed 04/07/2021, effective 04/07/2021 WCD 12-2001, f. 12-7-01, cert. ef. 1-1-02
436-150-0003 Applicability of Rules (1) These rules carry out the provisions of ORS 656.445. (2) Applicable to this chapter, the director may, unless otherwise obligated by statute, in the director’s discretion waive any procedural rules as justice so requires. Statutory/Other Authority: ORS 656.445 & 656.726(4) Statutes/Other Implemented: ORS 656.445 History: WCD 5-2021, minor correction filed 04/07/2021, effective 04/07/2021 WCD 12-2001, f. 12-7-01, cert. ef. 1-1-02