reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 7 - Relationships With Department Established by Law › Section 612:1-7-3 - Relationships with state boards: ex officio representation from the Department

Current through Vol. 41, No. 20, July 1, 2024
(a)
State
				Rehabilitation Council.
Section725 of the Rehabilitation Act requires
				the state establish a State Rehabilitation Council. The Council membership is
				appointed by the Governor consistent with the provisions of
				29 USC Section
				725. The Director of the Department of
				Rehabilitation Services serves as an ex officio member of the Council. The
				Council reviews, analyzes, and advises the Department regarding the performance
				of its responsibilities under the Rehabilitation Act; helps develop the State
				Plan; and performs other functions as specified in Section 725 of the
				Rehabilitation Act.
(b)
Statewide Independent Living Council.
Section 706d of the
				Rehabilitation Act requires the State establish a Statewide Independent Living
				Council (SILC). Membership of the Council is appointed by the Governor
				consistent with
				29 USC
				796(b). When serving as the
				Designated State Entity (DSE) for receipt and disbursement of federal
				independent living funds as authorized by
				29
				USC 796c(c), the Department
				of Rehabilitation Services (DRS) has a non-voting member position on the SILC.
				The Council develops and submit the State Plan for Independent Living as
				described in Section 796c of the Rehabilitation Act, and monitors
				implementation of the State Plan. The Director of the DSE is a required signer
				for submission of the State Plan.
Added at 10 Ok Reg 4607,
				  eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff 7-1-94; Amended at 15 Ok
				  Reg 1790, eff 7-1-98; Amended at 16 Ok Reg 2579, eff 7-1-99; Amended at 20 Ok
				  Reg 1761, eff 7-1-03; Amended at 24 Ok Reg 1651, eff
				  7-1-07
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 9 - Compliance with Section 504 of the Rehabilitation Act of 1973 › Section 612:1-9-1 - General prohibitions against discrimination

Current through Vol. 41, No. 20, July 1, 2024
Section 504 of the Rehabilitation Act of 1973, states in
				  part: "no qualified individual with disabilities, shall, on the basis of
				  disability, be excluded from participation in, be denied the benefits of, or
				  otherwise be subjected to discrimination under any program or activity that
				  receives benefits from federal financial assistance." Compliance requirements
				  are the same as those presented in Subchapter 11 of this
				  Chapter.
Added at 10 Ok Reg 4607,
				  eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff
				  7-1-94
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 9 - Compliance with Section 504 of the Rehabilitation Act of 1973 › Section 612:1-9-2 - Qualified individuals with disabilities

Current through Vol. 41, No. 20, July 1, 2024
Section 504 of the Rehabilitation Act, guarantees the civil
				  rights of qualified individuals with disabilities and defines qualified
				  individuals with disabilities to mean: "with respect to employment, an
				  individual with disabilities who, with reasonable accommodation, can perform
				  the essential functions of the job in question; and with respect to services,
				  an individual with disabilities who meets the essential eligibility
				  requirements for the receipt of such services."
Added at 10 Ok Reg 4607,
				  eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff
				  7-1-94
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 9 - Compliance with Section 504 of the Rehabilitation Act of 1973 › Section 612:1-9-3 - Required statement on DRS printed documents

Current through Vol. 41, No. 20, July 1, 2024
The cost statement printed on DRS publications will follow
				  the requirements and wording set for state documents by the Publications
				  Clearinghouse of the Oklahoma Department of Libraries.
Added at 10 Ok Reg 4607,
				  eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff 7-1-94; Amended at 21 Ok
				  Reg 1771, eff 7-1-04; Amended at 28 Ok Reg 1827, eff
				  7-1-11
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 11 - Compliance With the Americans With Disabilities Act of 1990 › Part 1 - PURPOSE AND LEGAL BASIS › Section 612:1-11-1 - Purpose and structure of the Americans with Disabilities Act

Current through Vol. 41, No. 20, July 1, 2024
The Americans with Disabilities Act of 1990 (ADA) extends
					 the framework of federal civil rights laws to people with disabilities. The Act
					 expressly prohibits discrimination against individuals with disabilities,
					 regardless of citizenship status or nationality, in employment, public
					 services, public transportation, public accommodations and telecommunications
					 services. The ADA is divided into these components:
(1)
Title I - Employment.
Employers may not discriminate against qualified individuals with disabilities.
				  Employers must reasonably accommodate the disabilities of qualified applicants
				  or employees, including modifying work stations and equipment, unless undue
				  hardship would result.
(2)
Title II - Public Services.
State and local governments may not
				  discriminate against qualified individuals with disabilities. Newly constructed
				  state and local government buildings, including transit facilities, must be
				  accessible. Alterations to existing state and local government buildings must
				  be done in an accessible manner. New buses and rail vehicles for fixed route
				  systems must be accessible.
(3)
Title III - Public Accommodations.
Restaurants, hotels, theaters,
				  shopping centers and malls, retail stores, museums, libraries, parks, private
				  schools, day-care centers, and other similar places of public accommodation may
				  not discriminate on the basis of disability. Physical barriers in existing
				  public accommodations must be removed if readily achievable. New construction
				  in public accommodations and commercial facilities (non-residential facilities
				  affecting commerce) must be accessible.
(4)
Title IV -
				  Telecommunications.
Telephone companies must provide telecommunications
				  relay services for hearing-impaired and speech-impaired individuals 24 hours
				  per day.
Added at 10 Ok Reg
					 4607, eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff
					 7-1-94
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 11 - Compliance With the Americans With Disabilities Act of 1990 › Part 1 - PURPOSE AND LEGAL BASIS › Section 612:1-11-3 - Legal basis

Current through Vol. 41, No. 20, July 1, 2024
(a) The Americans
				  with Disabilities Act (hereinafter referred to as the ADA) was signed into law
				  on July 26, 1990 [
				  42 USC 12101
				  ]. Effective January 26, 1992, Title II of the ADA prohibits state and local
				  agencies from discriminating against any qualified individual with a disability
				  in all programs, services or activities provided or made available by such
				  public entities, regardless of whether federal funds are received.
(b) Legislative groundwork for the ADA can be
				  found in the Rehabilitation Act of 1973, which prohibits federal agencies and
				  their grantees and contractors from discriminating against individuals based on
				  a disability. Because of the intentional overlap between Section 504 of the
				  Rehabilitation Act of 1973 [
				  29 U.S.C.
				  794 ] and the ADA, the Department of Justice
				  has promulgated rules consistent with, yet expanding, the scope of those
				  regulations implementing Section 504. These rules cover all functions of
				  governmental or public entities regardless of whether federal funding is
				  appropriated.
(c) Additional ADA
				  groundwork was laid in the Architectural Barriers Act of 1968, which requires
				  federal and federally assisted facilities (designed, constructed, leased or
				  altered) to be accessible to and usable by the physically disabled. Under the
				  ADA, accessibility mandates adopted from the Architectural Barriers Act can be
				  met by satisfying either the Uniform Federal Accessibility Standards (UFAS) or
				  the ADA Accessibility Guidelines for Buildings and Facilities
				  (ADAAG).
(d) The Department of
				  Rehabilitation Services complies with all provisions of the Americans with
				  Disabilities Act of 1990 and with all standards and regulations pursuant to the
				  Act.
Added at 10 Ok Reg
					 4607, eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff 7-1-94; Amended at
					 13 Ok Reg 1727, eff 7-1-96; Amended at 19 Ok Reg 1810, eff
					 7-1-02
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 11 - Compliance With the Americans With Disabilities Act of 1990 › Part 1 - PURPOSE AND LEGAL BASIS › Section 612:1-11-4 - DRS and the Americans with Disabilities Act

Current through Vol. 41, No. 20, July 1, 2024
(a) The Americans with Disabilities Act (ADA)
				  is designed to remove barriers which prevent qualified individuals with
				  disabilities from enjoying the same employment opportunities or DRS services
				  that are available to others.
(b)
				  The Department of Rehabilitation Services complies with the provisions of the
				  ADA by prohibiting discrimination against individuals with disabilities. This
				  prohibition applies to:
(1)
DRS
				  employees and individuals seeking employment.
Qualified individuals with
				  disabilities must receive equal consideration in job application procedures;
				  hiring, advancement, or discharge proceedings; employee compensation; job
				  training; and other terms, conditions, and privileges of employment;
(2)
DRS clients and individuals
				  applying for services.
Qualified individuals with disabilities must have
				  equal access to all services, programs, and activities offered or provided by
				  DRS.
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 11 - Compliance With the Americans With Disabilities Act of 1990 › Part 3 - REASONABLE ACCOMMODATION › Section 612:1-11-14 - DRS requirements for reasonable accommodation

Current through Vol. 41, No. 20, July 1, 2024
All divisions of the Department are required to make
					 reasonable accommodation to the known physical and mental limitations of
					 otherwise qualified employees, applicants and clients with disabilities unless
					 it can be demonstrated that the accommodation requested would impose an undue
					 hardship on the operations of the Department. Employment opportunities may not
					 be denied to qualified employees or applicants with disabilities if the basis
					 for the denial is the need to make reasonable accommodations to that person's
					 physical or mental limitations.
Added at 10 Ok Reg
					 4607, eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff
					 7-1-94
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 11 - Compliance With the Americans With Disabilities Act of 1990 › Part 3 - REASONABLE ACCOMMODATION › Section 612:1-11-15 - Overview of reasonable accommodation

Current through Vol. 41, No. 20, July 1, 2024
(a) Reasonable accommodation is a
				  modification or adjustment to a job, the work environment, or policies that
				  enables a qualified individual with a disability to enjoy an equal employment
				  opportunity. A reasonable accommodation must be effective.
(b) The ADA requires reasonable accommodation
				  in three aspects of employment:
(1) to ensure
				  equal opportunity in the application process;
(2) to enable a qualified individual with a
				  disability to perform the essential functions of a job; and,
(3) to enable an employee with a disability
				  to enjoy equal benefits and privileges of employment.
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 11 - Compliance With the Americans With Disabilities Act of 1990 › Part 3 - REASONABLE ACCOMMODATION › Section 612:1-11-16 - Providing reasonable accommodations for employees

Current through Vol. 41, No. 20, July 1, 2024
(a)
Requests for reasonable
				  accommodation.
Any DRS employee who qualifies as an individual with a
				  disability has a right to request reasonable accommodation. No employee will be
				  discriminated against with regard to employment for exercising his or her
				  rights under the Americans with Disabilities Act. To be considered qualified an
				  employee must be able to perform the essential functions of his/herposition
				  with or without a reasonable accommodation.
(b)
Accommodation request
				  procedure.
Employee requests for reasonable accommodation shall be
				  handled on an individual, case-by-case basis. The Department shall engage in an
				  interactive process with the qualified employee in an effort to identify
				  reasonable accommodations that will allow the qualified individual with a
				  disability to perform the essential job functions. It is the responsibility of
				  the employee requesting the reasonable accommodation to actively participate in
				  the process. This may include but is not limited to providing requested
				  documentation or information indicating the disability requiring a reasonable
				  accommodation, reason the accommodation is needed and/or the nature of the
				  accommodation sought.
(c)
Approval of accommodation requests.
The employee's supervisor may
				  approve or deny a reasonable accommodation request as submitted, request
				  additional information if needed for reaching a decision or identifying an
				  effective accommodation, or refer the request to the next supervisory level.
				  Documentation of the request, decision and accommodation solution shall be
				  maintained in the supervisor's file.
(d)
Appeal of accommodation
				  solution.
Disputes concerning reasonable accommodation are subject to
				  the final review and decision of the Director of the Department of
				  Rehabilitation Services. The Director may intervene in requests at any time in
				  order to bring about a prompt and impartial decision to the request. If
				  dissatisfied with the decision of the Director, the employee may pursue a
				  complaint with the appropriate state or federal agency responsible for
				  enforcing laws affecting provision of reasonable accommodations for employees
				  with disabilities.
Added at 10 Ok Reg
					 4607, eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff 7-1-94; Amended at
					 15 Ok Reg 1790, eff 7-1-98; Amended at 18 Ok Reg 2220, eff 7-1-01; Amended at
					 19 Ok Reg 1810, eff 7-1-02; Amended at 20 Ok Reg 1761, eff 7-1-03; Amended at
					 28 Ok Reg 1827, eff 7-1-11
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 11 - Compliance With the Americans With Disabilities Act of 1990 › Part 5 - REQUEST MANAGEMENT › Section 612:1-11-26 - DRS request management [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg
					 4607, eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff 7-1-94; Amended at
					 13 Ok Reg 1727, eff 7-1-96; Amended at 14 Ok Reg 3735, eff 9-10-97 (emergency);
					 Amended at 15 Ok Reg 1790, eff 7-1-98; Revoked at 18 Ok Reg 2220, eff
					 7-1-01
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 11 - Compliance With the Americans With Disabilities Act of 1990 › Part 5 - REQUEST MANAGEMENT › Section 612:1-11-27 - Request by a client [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg
					 4607, eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff 7-1-94; Amended at
					 13 Ok Reg 2233, eff 8-1-96; Revoked at 18 Ok Reg 2220, eff
					 7-1-01
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 11 - Compliance With the Americans With Disabilities Act of 1990 › Part 5 - REQUEST MANAGEMENT › Section 612:1-11-28 - Request by an employee [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg
					 4607, eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff 7-1-94; Amended at
					 14 Ok Reg 3735, eff 9-10-97 (emergency); Amended at 15 Ok Reg 1790, eff 7-1-98;
					 Revoked at 18 Ok Reg 2220, eff 7-1-01
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 11 - Compliance With the Americans With Disabilities Act of 1990 › Part 7 - REQUEST RESPONSIBILITIES › Section 612:1-11-38 - Responsibilities for access/accommodation requests [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg
					 4607, eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff 7-1-94; Amended at
					 14 Ok Reg 3735, eff 9-10-97 (emergency); Amended at 15 Ok Reg 1790, eff 7-1-98;
					 Revoked at 18 Ok Reg 2220, eff 7-1-01
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 11 - Compliance With the Americans With Disabilities Act of 1990 › Part 7 - REQUEST RESPONSIBILITIES › Section 612:1-11-39 - Department coordinator responsibilities [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg
					 4607, eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff 7-1-94; Amended at
					 13 Ok Reg 2223, eff 8-1-96; Amended at 14 Ok Reg 3735, eff 9-10-97 (emergency);
					 Amended at 15 Ok Reg 1790, eff 7-1-98; Revoked at 18 Ok Reg 2220, eff
					 7-1-01
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 11 - Compliance With the Americans With Disabilities Act of 1990 › Part 7 - REQUEST RESPONSIBILITIES › Section 612:1-11-40 - Division coordinator responsibilities [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg
					 4607, eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff 7-1-94; Amended at
					 13 Ok Reg 1727, eff 7-1-96; Revoked at 18 Ok Reg 2220, eff
					 7-1-01
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 11 - Compliance With the Americans With Disabilities Act of 1990 › Part 7 - REQUEST RESPONSIBILITIES › Section 612:1-11-41 - Role of immediate supervisor [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg
					 4607, eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff 7-1-94; Revoked at
					 18 Ok Reg 2220, eff 7-1-01
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 11 - Compliance With the Americans With Disabilities Act of 1990 › Part 7 - REQUEST RESPONSIBILITIES › Section 612:1-11-42 - Review by the Division Administrator [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg
					 4607, eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff 7-1-94; Amended at
					 14 Ok Reg 3735, eff 9-10-97 (emergency); Amended at 15 Ok Reg 1790, eff 7-1-98;
					 Revoked at 18 Ok Reg 2220, eff 7-1-01
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 11 - Compliance With the Americans With Disabilities Act of 1990 › Part 7 - REQUEST RESPONSIBILITIES › Section 612:1-11-43 - Review by the DRS Access Committee [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg
					 4607, eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff 7-1-94; Amended at
					 13 Ok Reg 2233, eff 8-1-96; Amended at 14 Ok Reg 3735, eff 9-10-97 (emergency);
					 Amended at 15 Ok Reg 1790, eff 7-1-98; Amended at 16 Ok Reg 2579, eff 7-1-99;
					 Revoked at 18 Ok Reg 2220, eff 7-1-01
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 11 - Compliance With the Americans With Disabilities Act of 1990 › Part 7 - REQUEST RESPONSIBILITIES › Section 612:1-11-44 - Appeal of request for reasonable accommodation [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg
					 4607, eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff 7-1-94; Amended at
					 14 Ok Reg 3735, eff 9-10-97 (emergency); Amended at 15 Ok Reg 1790, eff 7-1-98;
					 Revoked at 18 Ok Reg 2220, eff 7-1-01
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 11 - Compliance With the Americans With Disabilities Act of 1990 › Part 7 - REQUEST RESPONSIBILITIES › Section 612:1-11-45 - Complaint/grievance procedure [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg
					 4607, eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff 7-1-94; Revoked at
					 18 Ok Reg 2220, eff 7-1-01
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 11 - Compliance With the Americans With Disabilities Act of 1990 › Part 9 - MEDICAL AND OTHER CONSIDERATIONS › Section 612:1-11-55 - Medical documentation

Current through Vol. 41, No. 20, July 1, 2024
(a)
				  Medical documentation may be necessary in order for the Department to:
(1) determine if the employee is disabled
				  under the definitions of the ADA;
(2) determine whether an accommodation is
				  needed; and if so,
(3) assess what
				  kind of accommodation is necessary.
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 11 - Compliance With the Americans With Disabilities Act of 1990 › Part 9 - MEDICAL AND OTHER CONSIDERATIONS › Section 612:1-11-56 - Illegal use of drugs

Current through Vol. 41, No. 20, July 1, 2024
(a) The terms
				  "disability" and "qualified individual with a disability" shall not include any
				  employee, applicant, or client who is currently engaged in the illegal use of
				  drugs. "Illegal use of drugs" does not include the use of a drug taken under
				  the supervision of a licensed health care professional, or other uses
				  authorized by the Controlled Substances Act or other provisions of federal
				  law.
(b) The terms "disability" and
				  "qualified individual with a disability" may not exclude an individual who:
(1) has successfully completed a supervised
				  drug rehabilitation program and is no longer engaging in the illegal use of
				  drugs, or has otherwise been rehabilitated successfully and is no longer
				  engaging in the illegal use of drugs; or
(2) is participating in a supervised
				  rehabilitation program and is no longer engaging in such use; or
(3) is erroneously regarded as engaging in
				  such use, but is not engaging in such use.
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 11 - Compliance With the Americans With Disabilities Act of 1990 › Part 9 - MEDICAL AND OTHER CONSIDERATIONS › Section 612:1-11-57

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg
					 4607, eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff
					 7-1-94
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 11 - Compliance With the Americans With Disabilities Act of 1990 › Part 9 - MEDICAL AND OTHER CONSIDERATIONS › Section 612:1-11-58 - Retaliation or coercion

Current through Vol. 41, No. 20, July 1, 2024
Individuals who exercise their rights under the ADA, or who
					 assist others in exercising their rights, are protected from retaliation or
					 coercion. Prohibited activities include harassment, threats, intimidation, or
					 interference in the exercise of rights under the law.
Added at 10 Ok Reg
					 4607, eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff
					 7-1-94
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 13 - Civil Rights and Nondiscrimination on Basis of Race, Color, National Origin, Sex, Age or Disability › Section 612:1-13-1 - Statement of Compliance

Current through Vol. 41, No. 20, July 1, 2024
The Department of Rehabilitation Services will administer its
				  programs and will conduct its business, either directly, indirectly or through
				  contractual or other arrangements, in accordance with Title VI of the Civil
				  Rights Acts of 1964 and 1991 [ 42 U.S.C. 2000 et.seq., hereinafter referred to
				  as Title VI]; Title 45, Code of Federal Regulations, Part 80; and Section
				  504
				  of the Rehabilitation Act of 1973 [
				  29 U.S.C.
				  794, hereinafter referred to as Section 504
				  ]; Title 45, Code of Federal Regulations, Part 84; Age Discrimination Act of
				  1975, Part 90, Section
				  301; and the
				  Department's Statement of Compliance thereto.
Added at 10 Ok Reg 4607,
				  eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff
				  7-1-94
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 13 - Civil Rights and Nondiscrimination on Basis of Race, Color, National Origin, Sex, Age or Disability › Section 612:1-13-2 - Practices prohibited "individuals with disabilities"

Current through Vol. 41, No. 20, July 1, 2024
(a) Administrative methods cannot include
				practices prohibited under the ADA. The Director shall not:
(1) discriminate nor allow any member of his
				or her staff, employees, Department subgrantees, or other interested persons to
				discriminate on the grounds of race, color, national origin, sex, age or
				disability;
(2) issue nor allow to
				be issued policies, regulations, directives or other public communication that
				will have the effect of subjecting individuals to discrimination because of
				their race, color, national origin, sex, age or disability.
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 13 - Civil Rights and Nondiscrimination on Basis of Race, Color, National Origin, Sex, Age or Disability › Section 612:1-13-3 - Administration of programs

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Department will take positive action, consistent with Title VI regulations,
				ADA, or Section 504 regulations, to overcome the effects of conditions which
				result or have resulted in limiting participation in any program by persons of
				a particular race, color, national origin, sex, age or disability.
(b) The Department will ensure that the
				services and activities of its programs will be accessible to clients who have
				disabilities.
Added at 10 Ok Reg 4607,
				  eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff 7-1-94; Amended at 20 Ok
				  Reg 1761, eff 7-1-03
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 13 - Civil Rights and Nondiscrimination on Basis of Race, Color, National Origin, Sex, Age or Disability › Section 612:1-13-4 - Dissemination of rules

Current through Vol. 41, No. 20, July 1, 2024
The Department will inform all employees, clients, applicants
				  and the general public that all services, any and all other benefits under its
				  program are provided on a nondiscriminatory basis. The methods of disseminating
				  policy include (1) - (7) of this Section.
(1) Written notice on all application and
				admission forms.
(2) A
				nondiscrimination statement on all invoices, financial transaction forms,
				contracts and agreements, business communications, and other related
				documentation.
(3) A statement in
				all brochures and pamphlets which are distributed to beneficiaries, applicants,
				and the public on the Department's policy of nondiscrimination.
(4) Official posters for distribution to
				vendors or recipients, to be placed in prominent public places.
(5) Information to the general public on its
				right to file complaints, and the addresses of the Department and the Office of
				Civil Rights Enforcement, to which complaints may be sent.
(6) In areas where there are significant
				numbers of non-English speaking minorities, the Department will communicate its
				policy, including complaint rights, in the appropriate languages.
(7) For persons with impaired sensory,
				manual, or speaking skills, the Department will provide appropriate auxiliary
				aids where necessary to afford such persons an equal opportunity to learn of
				its policies or to benefit from its programs or services.
Added at 10 Ok Reg 4607,
				  eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff
				  7-1-94
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 13 - Civil Rights and Nondiscrimination on Basis of Race, Color, National Origin, Sex, Age or Disability › Section 612:1-13-5

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 4607,
				  eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff 7-1-94; Amended at 20 Ok
				  Reg 1761, eff 7-1-03; Amended at 28 Ok Reg 1827, eff
				  7-1-11
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 13 - Civil Rights and Nondiscrimination on Basis of Race, Color, National Origin, Sex, Age or Disability › Section 612:1-13-6 - Maintenance of racial and ethnic data

Current through Vol. 41, No. 20, July 1, 2024
The Department will collect and maintain racial and ethnic
				  data showing the extent to which members of minority groups are beneficiaries
				  of and participants in its programs. Considerations of privacy or
				  confidentiality will not be used as a bar to providing access to the Office of
				  Civil Rights Enforcement to records or data. The system outlined will alert the
				  Department of suspect situations where there is a relatively low rate of
				  minority participation, or where minorities do not appear to be deriving equal
				  benefits and services.
Added at 10 Ok Reg 4607,
				  eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff 7-1-94; Amended at 20 Ok
				  Reg 1761, eff 7-1-03
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 13 - Civil Rights and Nondiscrimination on Basis of Race, Color, National Origin, Sex, Age or Disability › Section 612:1-13-7 - Composition of planning and policymaking bodies

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department shall ensure that all its
				institutional vendors are aware and shall comply with the legal stipulations
				outlined in Federal regulations pertaining to minorities or individuals with
				disabilities in planning and advisory bodies.
(b) The Department will incorporate in its
				requirements for institutional vendors as a condition of their approval, an
				assurance from those institutional vendors that every reasonable effort is made
				to comply with provisions of the Civil Rights Act.
(c) The Department will further provide
				interested persons, including individuals with disabilities or organizations
				representing individuals with disabilities, the opportunity to assist in the
				self-evaluation of its current policies and practices and the effect thereof in
				regard to ADA and Section 504.
Added at 10 Ok Reg 4607,
				  eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff 7-1-94; Amended at 29 Ok
				  Reg 1427, eff 7-1-12
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 13 - Civil Rights and Nondiscrimination on Basis of Race, Color, National Origin, Sex, Age or Disability › Section 612:1-13-8 - Arrangements for bilingual interpreters

Current through Vol. 41, No. 20, July 1, 2024
If the client population served by a program is 5% or more
				  non-English speaking, then a formalized procedure for bilingual services and
				  literature in the respective language must be provided.
Added at 10 Ok Reg 4607,
				  eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff
				  7-1-94
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 13 - Civil Rights and Nondiscrimination on Basis of Race, Color, National Origin, Sex, Age or Disability › Section 612:1-13-9 - Complaint rules and procedures

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Any person who believes that he/she or any specific class of persons has been
				subjected to discrimination in a Department program subject to Title VI, ADA,
				or Section 504 may, personally or by a representative, file a written
				complaint. Department personnel will assist the complainant in the writing of
				the complaint if such assistance is needed. Complaints may be filed with the
				Department or the Office of Civil Rights Enforcement. If filed with the
				Department, the complaint will be brought to the attention of the Director. A
				complaint must be filed no later than 180 days from the date of an alleged
				discriminatory act. The time for filing may, however, be extended by the
				responsible official.
(b) After
				determining that the complaint falls within the jurisdiction of Title VI, ADA,
				or Section 504, the Director must insure a prompt and thorough investigation of
				the complaint. Following investigation of the complaint, the responsible
				official of the Department as designated by the Director will determine whether
				or not discrimination did in fact occur, necessary action will be taken to
				correct the discriminatory practice, or require it to be corrected, and prevent
				any recurrence of such discrimination. The Department will take follow-up
				action to determine that the corrective measures have eliminated the conditions
				that contributed to the discriminatory act.
(c) The complainant will be advised in
				writing within 45 days from the receipt of the complaint as to the findings of
				the Department regarding the complaint. In the same written notice the
				complainant will be advised if he/she is not satisfied with the decision he/she
				may appeal to the U.S. Department of Education. The Department will maintain
				records to show the nature of the complaint, the details of the investigation,
				and the action taken by the Department. If the complaint has been found to be
				valid, the records will indicate the nature of the corrective action taken. All
				complaint records will be available for review by the Office of Civil Rights
				Enforcement.
Added at 10 Ok Reg 4607,
				  eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff 7-1-94; Amended at 14 Ok
				  Reg 3735, eff 9-10-97 (emergency); Amended at 15 Ok Reg 1790, eff 7-1-98;
				  Amended at 29 Ok Reg 1427, eff 7-1-12
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 13 - Civil Rights and Nondiscrimination on Basis of Race, Color, National Origin, Sex, Age or Disability › Section 612:1-13-10 - Determination of site or location of facilities

Current through Vol. 41, No. 20, July 1, 2024
The site of the offices or facilities of the Department or of
				  a vendor-recipient with whom the Department contracts for the delivery of
				  services will be reasonably accessible to all minority groups. The access to
				  services rendered by the Department or its contractual participants in a
				  Federally assisted program shall not limit access to those services to those
				  minority groups or jeopardize such access by an adverse change in the
				  geographic location or relocation. Upon all applications for grants,
				  reimbursements, or provision of services by institutional vendors, the
				  Department shall withhold approval until compliance with the Civil Rights
				  requirements is met, based on criteria in (1)-(4) of this Section:
(1) determine effect on the particular racial
				or ethnic groups served by the facility prior to the proposed
				relocation;
(2) where a particular
				group has no other alternative services available, the subject contractual
				participant assures services for minority persons;
(3) the relocating agency provides adequate
				assurances that it does provide services to persons residing in the community
				(i.e., specialty hospitals or other unique service facilities); and,
(4) the relocating agency provides adequate
				assurances that the facilities or agencies remaining in the area originally
				serviced will provide adequate services to the concerned racial or ethnic
				group.
Added at 10 Ok Reg 4607,
				  eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff
				  7-1-94
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 13 - Civil Rights and Nondiscrimination on Basis of Race, Color, National Origin, Sex, Age or Disability › Section 612:1-13-11 - Department responsibility to vendor-recipients

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department will impose upon its
				vendor-recipients methods of compliance with Title VI, ADA, and Section 504
				comparable to these methods of administration. Such persons will be informed
				that their compliance with Title VI, ADA, and Section 504 is a condition of
				their initial or continued participation in any part of the program in which
				they may be involved. In each written authorization of the Department for the
				purchase of services, a requirement will be included that the services must be
				rendered without regard to race, color, creed, religion, sex, disability,
				ancestry or national origin.
(b)
				The Department will obtain from each institutional vendor-recipient (i.e.,
				hospital) a written assurance that it will comply with Title VI, ADA, and
				Section 504. Periodically the Department will review its vendor-recipient to
				determine the requirements of the Department are being fulfilled and that
				practices being utilized conform with Title VI, ADA, and Section 504. A
				complete report of the entire review will be prepared and made a part of the
				Department's files.
Added at 10 Ok Reg 4607,
				  eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff
				  7-1-94
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 13 - Civil Rights and Nondiscrimination on Basis of Race, Color, National Origin, Sex, Age or Disability › Section 612:1-13-12 - Employment practices

Current through Vol. 41, No. 20, July 1, 2024
The Department, in compliance with 45 CFR 84 Subpart B,
				  affirms that no qualified person with a disability shall, on the basis of
				  disability, be subjected to discrimination in employment under any program or
				  activity of the Department.
Added at 10 Ok Reg 4607,
				  eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff
				  7-1-94
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 15 - Department Manual, Rules, and Declaratory Rulings › Section 612:1-15-1 - Purpose and distribution of the manual

Current through Vol. 41, No. 20, July 1, 2024
The manual of the Department of Rehabilitation Services
				  represents: the official statement regarding the function and organization of
				  the Department; the policies established by the Oklahoma Commission for
				  Rehabilitation Services to implement the Federal and State laws relating to the
				  Department; and the procedures adopted by administrative action which are to be
				  uniformly followed throughout the Department, both in relation to the
				  Department's programs and in regard to the staff members' relationship with the
				  Department as an employer. It serves as an authority and guide to staff members
				  administering the various programs. The administrative rules in this Chapter
				  are promulgated under the authority of the Commission for Rehabilitation
				  Services as established in 74 O.S., Section 166.1 et seq and the Administrative
				  Procedures Act, 75 O.S., Sections 250 et seq.
Added at 10 Ok Reg 4607,
				  eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff
				  7-1-94
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 15 - Department Manual, Rules, and Declaratory Rulings › Section 612:1-15-2 - Availability of manual

Current through Vol. 41, No. 20, July 1, 2024
The Department's manual and other policy issuances which
				  affect the public are available in the State Office and in each local and
				  district office for examination on regular workdays during regular office hours
				  by individuals, upon request for review, study or reproduction by the
				  individual. Upon request, the specific policy materials necessary for an
				  applicant or recipient, or his representative, to determine whether a hearing
				  should be requested or to prepare for a hearing, are available without
				  charge.
Added at 10 Ok Reg 4607,
				  eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff 7-1-94; Amended at 28 Ok
				  Reg 1827, eff 7-1-11
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 15 - Department Manual, Rules, and Declaratory Rulings › Section 612:1-15-3 - Petitions for rule changes and declaratory rulings

Current through Vol. 41, No. 20, July 1, 2024
(a)
Petition for rule changes.
An interested person may petition the Department requesting the promulgation,
				amendment, or repeal of a rule. Any such petition must be submitted to the
				Director in writing, clearly stating the requested action. If the petition is
				for an amendment or repeal of a rule, it must specify the rule by the OAC
				designation. The petition must also state the reasons for the requested change,
				including any adverse impact such change or lack of change would have on
				individuals or organizations the rule affects.
(b)
Response to petition for rule
				changes.
Upon receipt of a petition as described in Subsection (a) of
				this Section, the Director will initiate study of the requested change through
				whatever means he or she deems appropriate. In accordance with 75 O.S. 305,
				within thirty (30) days after submission of the petition, either:
(1) the Department will initiate rulemaking
				proceedings, or
(2) the Director
				will provide the petitioner a written response and explain why such proceedings
				were not initiated.
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 15 - Department Manual, Rules, and Declaratory Rulings › Section 612:1-15-4 - Relationship of DRS manual to Oklahoma Administrative Code [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 4607,
				  eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff 7-1-94; Amended at 28 Ok
				  Reg 1827, eff 7-1-11
Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 15 - Department Manual, Rules, and Declaratory Rulings › Section 612:1-15-6 - Revision of administrative rules and internal policy

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose of Administrative Rules and
				Internal Policy.
Agency rules and internal policy communicate the
				expected standards for staff conduct and provide the necessary direction for
				carrying out the agency's mission. The intent of rules and internal policy is
				to provide a common basis for decision making so that individuals can expect
				equitable treatment when dealing with the agency. DRS rules and internal policy
				are public documents, maintained as part of the DRS Internal Policy Manual by
				the DRS Policy Administration and Development Section the Oklahoma
				Administrative Code by the Office of Administrative Rules, in the Secretary of
				State's Office, so that the public will have the opportunity to know the
				mission of our program and how this agency intends to carry out that mission.
(b)
DRS Staff
				Responsibility.
DRS staff are expected to be thoroughly familiar with
				agency rules and internal policies pertaining to their conduct and program.
(1) Supervisors and managers are responsible
				for ensuring that staff under their supervision are familiar with all rules and
				internal policies and updates, and that their staff receive training on rules,
				internal policies and updates.
(2)
				Staff are expected to use professional judgment in conducting the agency's
				business. The rules and internal policies of this agency are to inform and
				guide the professional judgment and conduct of staff. When a staff person needs
				guidance in making a decision, the first step is to consult agency rules and
				internal policy.