justicedao/ipfs_state_laws huggingface dataset:
407-025-0000 Purpose and Scope of Employment First (1) The purpose of the rules in OAR chapter 407, division 025 are to implement Oregon’s Employment First Policy. This policy supports individuals with intellectual or developmental disabilities to obtain, maintain, and advance in competitive integrated employment in the general workforce in accordance with ORS 427.007(1). (2) Under Oregon’s Employment First Policy, Oregonians with intellectual or developmental disabilities earn competitive wages and benefits alongside coworkers without disabilities. All services must support this outcome of competitive integrated employment. (3) Oregon does not fund services in sheltered workshops or segregated work settings. (4) Employment services provided under these rules must be in settings that meet requirements under federal, state, and local wage and hour laws. (a) Employed individuals with disabilities must be paid for work at a rate that is equal to, or better than, the hourly minimum wage rate required in ORS 653.025, unless an exception applies for all employees without regard to disability. (b) In Oregon, an employer may not rely on a special certificate issued under 29 U.S.C. section 214(c) to employ individuals with disabilities at a rate lower than the hourly minimum wage rate. (5) The Department shall ensure employment services available under various funding streams align with federal rules and regulations to promote competitive integrated employment outcomes and career advancement for individuals with intellectual or developmental disabilities. (6) The Department shall employ good-faith efforts to request and seek funding, appropriations, limitations, allotments, or other expenditure authority sufficient to allow the Department to advance Oregon’s Employment First policies. Statutory/Other Authority: ORS 409.050 & Oregon Laws 2025, Chapter 228 (Senate Bill 810) Statutes/Other Implemented: ORS 409.050, 427.007 & Oregon Laws 2025, Chapter 228 (Senate Bill 810) History: DHS 3-2025, amend filed 12/23/2025, effective 01/01/2026 DHSD 5-2015, f. 8-7-15, cert. ef. 8-9-15 DHSD 2-2015(Temp), f. & cert. ef. 2-11-15 thru 8-9-15 DHSD 4-2013, f. & cert. ef. 10-1-13
407-025-0020 No Funding in Sheltered Workshops (1) The Department shall not purchase or fund employment services or comprehensive vocational assessments for individuals with intellectual or developmental disabilities that occur in segregated or sheltered workshop settings. Employment services must be designed to support obtaining, maintaining, or advancing in competitive integrated employment. (2) For the purpose of this rule, “sheltered workshop” means a facility in which individuals with disabilities are congregated for the purpose of receiving employment services and performing work tasks for pay at the facility. (a) A sheltered workshop primarily employs individuals with disabilities, including intellectual or developmental disabilities, with the exception of service support staff. (b) A sheltered workshop is a fixed site that is owned, operated, or controlled by a provider agency and where an individual has few or no opportunities to interact with people who are not individuals with disabilities, not including paid support staff. (c) A sheltered workshop is not small group employment in an integrated employment setting and is not otherwise an integrated employment setting. Statutory/Other Authority: ORS 409.050 & Oregon Laws 2025, Chapter 228 (Senate Bill 810) Statutes/Other Implemented: ORS 409.050, 427.007 & Oregon Laws 2025, Chapter 228 (Senate Bill 810) History: DHS 3-2025, amend filed 12/23/2025, effective 01/01/2026 DHSD 5-2015, f. 8-7-15, cert. ef. 8-9-15 DHSD 2-2015(Temp), f. & cert. ef. 2-11-15 thru 8-9-15 DHSD 4-2013, f. & cert. ef. 10-1-13
407-025-0050 Career Development Planning (1) Under Oregon’s Employment First Policy, career development planning presumes that all individuals with intellectual or developmental disabilities can work and advance in competitive integrated employment. (2) The Office of Developmental Disabilities Services shall maintain policies and procedures for developing Career Development Plans, including a process for individuals to make an informed choice about employment and career advancement. Steps taken to help ensure informed choice, as described in section (5) of this rule, are documented annually in an individual’s service plan according to OAR 411-415-0070. (3) Career Development Plans shall be based on person-centered planning principles. (4) The Career Development Plan shall prioritize competitive integrated employment. The optimal and expected outcome for all employment services is competitive integrated employment. The career development process shall focus on the strengths of an individual and shall be conducted with the goal of maximizing the number of hours spent working, consistent with an individual’s preferences. (5) To help ensure informed choice regarding employment, the annual person-centered service planning process, described in OAR 411-415-0070, shall include: (a) At least an annual conversation regarding employment and career advancement. The conversation shall be based on the presumption that individuals will work and advance in competitive integrated employment. (b) The conversation shall be accessible to an individual, clearly explain competitive integrated employment and its benefits, and address any concerns the individual expresses about competitive integrated employment. (c) If an individual wants to pursue employment, this decision shall be included in their Career Development Plan. (d) If an individual chooses not to pursue employment, this decision shall be documented in their Individual Support Plan, including: (A) Details of the conversation affirming the individual’s talents and addressing questions or potential barriers. (B) A discussion on the individual’s employment history and how any negative experiences could be improved. (C) Assurance that the conversation was in a format accessible to the individual. (D) Identification of any new or different strategies used to help ensure informed choice. (E) Confirmation that the individual can change their decision about working at any time during the year. Statutory/Other Authority: ORS 409.050 & Oregon Laws 2025, Chapter 228 (Senate Bill 810) Statutes/Other Implemented: ORS 409.050, 427.007 & Oregon Laws 2025, Chapter 228 (Senate Bill 810) History: DHS 3-2025, amend filed 12/23/2025, effective 01/01/2026 DHSD 5-2015, f. 8-7-15, cert. ef. 8-9-15 DHSD 2-2015(Temp), f. & cert. ef. 2-11-15 thru 8-9-15 DHSD 1-2014, f. & cert. ef. 2-14-14 DHSD 4-2013, f. & cert. ef. 10-1-13
407-025-0060 Training for Employment Providers (1) The Department shall maintain training and curriculum for employment providers delivering employment services. (2) The Department shall adopt and implement competency-based training standards for Career Development Plans, job development, job coaching, and coordination of those services. (3) The Department shall purchase employment services for individuals with intellectual or developmental disabilities only from agencies or individual providers licensed, certified, endorsed, credentialed, or otherwise qualified as required by these rules and OAR chapter 411, division 323. The requirements for providing employment services shall include such national credentialing programs as the Association of People Supporting Employment First’s Certified Employment Support Professional Exam or a substantial equivalent. Statutory/Other Authority: ORS 409.050 & Oregon Laws 2025, Chapter 228 (Senate Bill 810) Statutes/Other Implemented: ORS 409.050, 427.007 & Oregon Laws 2025, Chapter 228 (Senate Bill 810) History: DHS 3-2025, amend filed 12/23/2025, effective 01/01/2026 DHSD 5-2015, f. 8-7-15, cert. ef. 8-9-15 DHSD 2-2015(Temp), f. & cert. ef. 2-11-15 thru 8-9-15 DHSD 4-2013, f. & cert. ef. 10-1-13
407-025-0070 Employment First Outreach The Department shall maintain an outreach and communication plan aimed at individuals with intellectual or developmental disabilities. Statutory/Other Authority: ORS 409.050 & Oregon Laws 2025, Chapter 228 (Senate Bill 810) Statutes/Other Implemented: ORS 409.050, 427.007 & Oregon Laws 2025, Chapter 228 (Senate Bill 810) History: DHS 3-2025, amend filed 12/23/2025, effective 01/01/2026 DHSD 5-2015, f. 8-7-15, cert. ef. 8-9-15 DHSD 2-2015(Temp), f. & cert. ef. 2-11-15 thru 8-9-15 DHSD 4-2013, f. & cert. ef. 10-1-13
407-025-0080 Employment Provider Capacity (1) The Department shall make good faith efforts to ensure there are a sufficient number of qualified employment providers to deliver the services and supports necessary for individuals with intellectual or developmental disabilities to receive employment services consistent with the terms of these rules. (2) Subject to available funding, the Department shall make training and technical assistance available to ensure there are a sufficient number of qualified employment providers to deliver employment services to eligible individuals with intellectual or developmental disabilities. Statutory/Other Authority: ORS 409.050 & Oregon Laws 2025, Chapter 228 (Senate Bill 810) Statutes/Other Implemented: ORS 409.050, 427.007 & Oregon Laws 2025, Chapter 228 (Senate Bill 810) History: DHS 3-2025, amend filed 12/23/2025, effective 01/01/2026 DHSD 5-2015, f. 8-7-15, cert. ef. 8-9-15 DHSD 2-2015(Temp), f. & cert. ef. 2-11-15 thru 8-9-15 DHSD 4-2013, f. & cert. ef. 10-1-13
407-025-0090 Regional and Statewide Employment First Coordination (1) The Department shall designate at least one Statewide Employment First Coordinator to oversee and coordinate the Employment First initiative and all activities required by the Department in these rules. (2) The Department, in collaboration with the Oregon Department of Education, shall provide support for regional employment first committees to develop and implement local strategies for increasing capacity for, and removing barriers to, supporting individuals with intellectual or developmental disabilities in obtaining, maintaining, and advancing in competitive integrated employment. (3) The Department and the Oregon Department of Education shall maintain designated staff specialists for regional interagency coordination work. (4) The Department and the Oregon Department of Education shall appoint regional and statewide representatives to participate in a transition technical assistance network. The network shall meet at least quarterly to coordinate employment services, strategize on interagency coordination, and discuss best practices for supporting youth with intellectual or developmental disabilities to obtain, maintain, and advance in competitive integrated employment. (5) The Department and the Statewide Employment First Advisory Committee, as described in OAR 407-025-0115, shall review employment data metrics and make recommendations to update the Employment First Strategic Plan at least annually. (6) The Statewide Employment First Advisory Committee shall make recommendations annually to Oregon’s Governor’s Office, Department of Education, and Department of Human Services, including the State Rehabilitation Council. (7) The Office of Developmental Disabilities Services shall include specific provisions in its contracts with each brokerage and each community developmental disability program to accomplish the full implementation of these rules. Statutory/Other Authority: ORS 409.050 & Oregon Laws 2025, Chapter 228 (Senate Bill 810) Statutes/Other Implemented: ORS 409.050, 427.007 & Oregon Laws 2025, Chapter 228 (Senate Bill 810) History: DHS 3-2025, amend filed 12/23/2025, effective 01/01/2026 DHSD 5-2015, f. 8-7-15, cert. ef. 8-9-15 DHSD 2-2015(Temp), f. & cert. ef. 2-11-15 thru 8-9-15 DHSD 4-2013, f. & cert. ef. 10-1-13
407-025-0100 Quality Assurance and Improvement of Employment Services The Department shall develop, implement, and update, as appropriate, a quality improvement plan that: (1) Promotes informed choice in regard to employment; (2) Ensures employment services are developed in accordance with these rules; and (3) Evaluates the quality of employment services provided to individuals with intellectual or developmental disabilities as documented in OAR 411-323-0060. Statutory/Other Authority: ORS 409.050 & Oregon Laws 2025, Chapter 228 (Senate Bill 810) Statutes/Other Implemented: ORS 409.050, 427.007 & Oregon Laws 2025, Chapter 228 (Senate Bill 810) History: DHS 3-2025, amend filed 12/23/2025, effective 01/01/2026 DHSD 5-2015, f. 8-7-15, cert. ef. 8-9-15 DHSD 2-2015(Temp), f. & cert. ef. 2-11-15 thru 8-9-15 DHSD 4-2013, f. & cert. ef. 10-1-13
407-025-0110 Data Collection of Employment Services and Reporting (1) Annually, the Statewide Employment First Coordinator shall monitor the progress of implementation of the Department’s Employment First Strategic Plan through data collection, data analysis, and quality improvement activities. (2) At least annually, the Department shall collect data and report to the Statewide Employment First Advisory Committee the following data in a published report: (a) The number of individuals eligible for developmental disabilities services who are receiving employment services; (b) The number of individuals eligible for developmental disabilities services working in competitive integrated employment; (c) The number of hours individuals eligible for developmental disabilities services are working per week and hourly wages paid to those individuals; (d) The number of youth eligible for developmental disabilities services who had a community work experience. (e) The number of individuals who want to work but do not have a goal in their plan related to pursuing employment. (f) The number of providers who deliver employment services for the Office of Developmental Disabilities Services; (g) The number of providers who are dually enrolled to deliver employment services for both the Office of Developmental Disabilities Services and Vocational Rehabilitation. (h) Other data recommended by the Statewide Employment First Advisory Committee. (3) Annually, the Department shall report to the Statewide Employment First Advisory Committee on the progress made on the terms of the Department’s Employment First Strategic Plan and the results of the data collected under this rule. (4) The Department shall regularly collect and analyze data described in this rule, and shall identify problems or barriers to placement in, or retaining jobs in, an integrated employment setting, as well as service gaps, and shall recommend actions to improve services to the Director. The Department and Statewide Employment First Advisory Committee shall review this information on an annual basis. The Department shall develop and implement measures to improve services with respect to the problems and barriers identified. Statutory/Other Authority: ORS 409.050 & Oregon Laws 2025, Chapter 228 (Senate Bill 810) Statutes/Other Implemented: ORS 409.050, 427.007 & Oregon Laws 2025, Chapter 228 (Senate Bill 810) History: DHS 3-2025, amend filed 12/23/2025, effective 01/01/2026 DHSD 5-2015, f. 8-7-15, cert. ef. 8-9-15 DHSD 2-2015(Temp), f. & cert. ef. 2-11-15 thru 8-9-15 DHSD 4-2013, f. & cert. ef. 10-1-13
407-025-0115 Statewide Employment First Advisory Committee (1) A Statewide Employment First Advisory Committee shall be formed to advise state agencies and the Governor on strategies for increasing opportunities for individuals with intellectual and developmental disabilities to obtain, maintain, and advance in competitive integrated employment. (2) The Statewide Employment First Advisory Committee shall: (a) Recommend outcome metrics aimed at assessing the delivery of employment services described in these rules. (b) Meet at least quarterly, and at least annually to review the Employment First Outcome Report. (c) Make recommendations for the development and implementation of a statewide Employment First Strategic Plan. (d) Make policy and budget recommendations to the Office of the Governor and state agencies regarding employment outcomes for individuals with intellectual or developmental disabilities and state and local workforce plans. (3) The Statewide Employment First Advisory Committee may appoint subcommittees as needed. (4) The members of the Statewide Employment First Advisory Committee shall include: (a) Individuals with intellectual or developmental disabilities. (b) Disability policy advisors who have lived experience with accessing the disability service delivery system. (c) Representatives of the division of the Department that provides developmental disabilities services. (d) Representatives of the division of the Department that provides vocational rehabilitation services. (e) Representatives of the Department of Education. (f) Representatives of employment services providers and provider associations. (g) Representatives of organizations that provide case management services to individuals with intellectual or developmental disabilities. (5) The members of the Statewide Employment First Advisory Committee may also include representatives of: (a) School districts and education service districts. (b) Regional family support networks. (c) The nine federally recognized Indian tribes in Oregon. (d) The Oregon Council on Developmental Disabilities. (e) Oregon’s federally mandated disability protection and advocacy agency. (f) Oregon’s federally authorized university centers for excellence in developmental disabilities. (g) The Oregon Disabilities Commission. (h) The State Independent Living Council. (i) The Commission for the Blind. (j) State and county behavioral health departments. (k) The division of the Department that provides aging and people with disabilities services. (l) The State Workforce and Talent Development Board and local workforce development boards. (m) The Oregon Health Authority. (n) The State Rehabilitation Council. (o) Other statewide entities providing employment services to individuals with intellectual or developmental disabilities. Statutory/Other Authority: ORS 409.050 & Oregon Laws 2025, Chapter 228 (Senate Bill 810) Statutes/Other Implemented: ORS 409.050, 427.007 & Oregon Laws 2025, Chapter 228 (Senate Bill 810) History: DHS 3-2025, amend filed 12/23/2025, effective 01/01/2026 DHSD 5-2015, f. 8-7-15, cert. ef. 8-9-15
407-030-0010 Purpose This rule requires Divisions of the Department of Human Services to insure federal civil rights regulations prohibiting discrimination on the basis of race, color, national origin and handicap. It provides authority enabling Divisions of the Department of Human Services to conduct compliance reviews of certain of its grantees, contractors, or providers of services, as required by the United States Department of Health and Human Services (DHHS). Only those Divisions which receive DHHS funds will conduct reviews annually on ten of their grantees, contractors, or providers of services. The compliance reviews will insure that the following federal regulations are being followed: (1) Title VI, Civil Rights Act of 1964. This act prohibits discrimination on the basis of race, color, and national origin by federal recipients. (2) Section 504, Rehabilitation Act of 1973. This act prohibits discrimination on the basis of handicap by federal recipients. Statutory/Other Authority: ORS 409.050 & 411.060 Statutes/Other Implemented: ORS 409.050 & 411.060 History: Renumbered from 410-030-0010, DHSD 3-2007, f. & cert. ef. 3-1-07 HR 7-1982, f. & ef. 8-26-82 HR 16-1979, f. & ef. 11-19-79 HR 5-1979(Temp), f. & ef. 8-1-79
407-030-0020 Review Requirements (1) The Assistant Director for each Division shall insure that all reviews for which their Division is responsible are conducted by or with state agency Title VI/504 coordinators or their designees. (2) Each actual review shall be preceded by written notification to each provider, contractor, or grantee containing: (a) A statement as to the purpose of the review; (b) The approximate time of the review; and (c) A copy of the review document to be used. (3) Each review shall be conducted and documented by the use of a review form approved by the Department of Health and Human Services and provided by the Department of Human Services. Statutory/Other Authority: ORS 409.050 & 411.060 Statutes/Other Implemented: ORS 409.050 & 411.060 History: Renumbered from 410-030-0020, DHSD 3-2007, f. & cert. ef. 3-1-07 HR 7-1982, f. & ef. 8-26-82 HR 16-1979, f. & ef. 11-19-79 HR 5-1979(Temp), f. & ef. 8-1-79
407-030-0030 Implementation (1) The provider compliance reviews for which each Division is responsible shall be determined by the Department of Human Services and will be issued as Department policy. (2) The methods of internal administration and coordination shall be determined by Department of Human Services and published as Department policy. The "methods of Administration" will specify the procedures for avoiding duplication of reviews among the divisions of the Department and will define a method for informing the Department of Human Services if similar reviews are being conducted at the same facility by other agencies. Statutory/Other Authority: ORS 409.050 & 411.060 Statutes/Other Implemented: ORS 409.050 & 411.060 History: Renumbered from 410-030-0030, DHSD 3-2007, f. & cert. ef. 3-1-07 HR 7-1982, f. & ef. 8-26-82 HR 16-1979, f. & ef. 11-19-79 HR 5-1979(Temp), f. & ef. 8-1-79
407-030-0040 Penalties for Non-Compliance Following a review, if a provider of services, contractor, or grantee is found not be to be in compliance with Title VI or Section 504 regulations, an agreement will be developed between the reviewing Division and the provider, contractor, or grantee to assure that compliance occurs. If an agreement with time frames has been reached, compliance has not occurred, and appeal processes have been exhausted, the following will occur: (1) Providers of Services: The reviewing Division will purchase no further services from the provider and will notify other affected agencies of the action. Service providers may be reinstated after assurance of compliance has been reached. (2) Contractors and Grantees: The reviewing Division will notify the contractor or grantee that a breach of contract exists or the conditions of the grant have been violated. The grant or contract will be terminated and other affected agencies will be notified. Contractors and grantees may be reinstated after assurance of compliance has been reached. Statutory/Other Authority: ORS 409.050 & 411.060 Statutes/Other Implemented: ORS 409.050 & 411.060 History: Renumbered from 410-030-0040, DHSD 3-2007, f. & cert. ef. 3-1-07 HR 7-1982, f. & ef. 8-26-82