reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0680 - GMA and SMA Practicable Alternative Test for Natural Resource Review Guidelines

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An alternative
			 site for a proposed use shall be considered practicable if it is available and
			 the proposed use can be undertaken on that site after taking into consideration
			 cost, technology, logistics, and overall project purposes.
(2) A practicable alternative does not exist
			 if a project applicant satisfactorily demonstrates all of the following:
(a) The basic purpose of the use cannot be
			 reasonably accomplished using one or more other sites in the vicinity that
			 would avoid or result in less adverse effects on water resources, wildlife
			 areas and sites, or plant areas and sites.
(b) The basic purpose of the use cannot be
			 accomplished by reducing its proposed size, scope, configuration, or density,
			 or by changing the design of the use in a way that would avoid or result in
			 less adverse effects on water resources, wildlife areas and sites, or plant
			 areas and sites.
(c) Reasonable
			 attempts were made to remove or accommodate constraints that caused a project
			 applicant to reject alternatives to the proposed use. Such constraints include
			 inadequate infrastructure, parcel size, and land use designations. If a land
			 use designation or recreation intensity class is a constraint, an applicant
			 must request a Management Plan amendment to demonstrate that practicable
			 alternatives do not exist.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0690 - GMA and SMA Natural Resources Tables

Current through Register Vol. 63, No. 7, July 1, 2024
Tables 1 and 2 in 350-082-0690  apply to general and special
				management area guidelines as specified in this land use ordinance.
350-082-0690  Table 1 - Priority
							 Habitats
Priority Habitats
Criteria
Aspen stands
High fish and wildlife species diversity, limited
							 availability, high vulnerability to habitat alteration.
Caves
Significant wildlife breeding habitat, limited
							 availability, dependent species.
Old-growth forest
High fish and wildlife density, species diversity,
							 breeding habitat, seasonal ranges, and limited and declining availability, high
							 vulnerability.
Oregon white oak woodlands
Comparatively high fish and wildlife density, species
							 diversity, declining availability, high vulnerability
Prairies and steppe
Comparatively high fish and wildlife density, species
							 diversity, important breeding habitat, declining and limited availability, high
							 vulnerability.
Riparian
High fish and wildlife density, species diversity,
							 breeding habitat, movement corridor, high vulnerability, dependent
							 species.
Wetlands
High species density, high species diversity,
							 important breeding habitat and seasonal ranges, limited availability, high
							 vulnerability.
Snags and logs
High fish and wildlife density, species diversity,
							 limited availability, high vulnerability, dependent species.
Talus
Limited availability, unique and dependent species,
							 high vulnerability.
Cliffs
Significant breeding habitat, limited availability,
							 dependent species.
Dunes
Unique species habitat, limited availability, high
							 vulnerability, dependent species.
Winter Range
Provides important wintering habitat for deer and
							 elk.
350-082-0690  Table 2 - Columbia Gorge and
							 Vicinity Endemic Plant Species
Common Name
Scientific Name
Howell's bentgrass
Agrostis howellii
Hood River milk-vetch
Astragalus hoodianus
Smooth-leaf douglasia
Douglasia laevigata var. laevigata
Howell's daisy
Erigeron howellii
Columbia Gorge daisy
Erigeron oreganus
Klickitat biscuitroot
Lomatium klickitatense
Long-beard hawkweed
Hieracium longiberbe
Smooth desert parsley
Lomatium laevigatum
Suksdorf's desert parsley
Lomatium suksdorfii
Barrett's penstemon
Penstemon barrettiae
Obscure buttercup
Ranunculus reconditus
Oregon sullivantia
Sullivantia oregana
Columbia kittentails
Synthyris stellate
Statutory/Other Authority: ORS
				  196.150, RCW
				  43.97.015,
				  16 USC §
											544e(c),
				  16 USC §
				  544f(l)
Statutes/Other Implemented: ORS
				  196.150, RCW
				  43.97.015,
				  16 USC §
											544e(c),
				  16 USC §
				  544f(l)
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0700 - General Management Area Recreation Resources Review Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Recreation Intensity Class 1 (Very Low
			 Intensity)
(a) Social Setting: Visitors in
			 this designation have a high chance of finding solitude and opportunities to
			 experience activities that rely on self-reliance, challenge and risk.
			 Encounters with other visitors is low throughout the designation. Perceived
			 crowdedness is low to non-existent away from roads and recreation sites.
			 Visitor encounters and perceived crowdedness is low to moderate at or near
			 (within one mile) roads and recreation sites.
(b) Physical and Managerial Setting:
			 Predominately natural or natural appearing landscapes with rustic improvements
			 characterize this designation. Nodes of developed recreation facilities are
			 allowed. Developed recreation site regulations and controls (signing,
			 regulations or other regimentation) are noticeable but harmonize with the
			 natural environment. Away from developed recreation sites there is minimal or
			 subtle control of users.
(c) Trail
			 development is simple and typically accommodate low use levels. Users are
			 highly skilled with a high degree of orienteering skills.
(d) The following uses may be permitted
			 subject to compliance with 350-082-0720.
(A)
			 Parking areas, not to exceed a site-wide capacity of ten vehicles, when
			 associated with any allowed uses in Recreation Intensity Class 1.
			 Accommodations for mass transportation facilities should be considered where
			 compatible with the social and physical settings.
(B) Trails for hiking, equestrian, and
			 mountain biking use.
(C) Pathways
			 for pedestrian and bicycling use.
(D) Trailheads (with provisions for hitching
			 rails and equestrian trailers at trailheads accommodating equestrian
			 use).
(E) Scenic viewpoints and
			 overlooks.
(F) Wildlife and
			 botanical viewing and nature study areas.
(G) River access areas.
(H) Boat docks, piers, or wharfs.
(I) Picnic areas.
(J) Restrooms and comfort
			 facilities.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0710 - Special Management Area Recreation Resources Review Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following shall apply to all new
			 recreation developments and land uses in the SMAs:
(a) New development and land uses shall not
			 displace existing recreational use.
(b) Recreation resources shall be protected
			 from adverse effects by evaluating new development and land uses as proposed in
			 the site plan. An analysis of both onsite and offsite cumulative effects shall
			 be required.
(c) New pedestrian or
			 equestrian trails shall not have motorized uses, except for emergency
			 services.
(d) Mitigation measures
			 shall be provided to preclude adverse effects on the recreation
			 resource.
(e) The Facility Design
			 Guidelines are intended to apply to individual recreation facilities.
			 Development or improvements within the same Recreation Intensity Class are
			 considered as separate facilities if they are separated by at least 1/4 mile of
			 undeveloped land (excluding trails, pathways, or access roads).
(f) New development and reconstruction of
			 scenic routes shall include provisions for bicycle lanes.
(g) Proposals to change the Recreation
			 Intensity Class of an area shall require a Management Plan amendment.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 120 - ECONOMIC DEVELOPMENT CERTIFICATION PROCESS › Section 350-120-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
This division specifies the process of the Columbia River Gorge
				Commission (Commission) to certify activities undertaken under a National
				Scenic Area economic development grant and/or loan are consistent with the
				purposes of the Scenic Area Act, the management plan, and land use ordinances
				adopted pursuant to the Act.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150; RCW 43.97.015;  16 U.S.C. §
											544  et seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 120 - ECONOMIC DEVELOPMENT CERTIFICATION PROCESS › Section 350-120-0010 - Authority

Current through Register Vol. 63, No. 7, July 1, 2024
Section 11(c)(1) of the Scenic Area Act requires the Commission
				to certify all activities undertaken under a National Scenic Area economic
				development grant and/or loan are consistent with the purposes of the Act, the
				management plan, and land use ordinances adopted pursuant to the
				Act.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150, RCW 43.97.015;  16 U.S.C. §
											544  et seq.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 120 - ECONOMIC DEVELOPMENT CERTIFICATION PROCESS › Section 350-120-0015 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of this rule, the following definitions
				apply:
(1) "Activity" refers to the
			 specific proposed action for which the grant or loan is being sought.
(2) "Project" refers to the ultimate business
			 enterprise, development, and/or land use for which the activity supports or is
			 a component part.
Stat. Auth.: ORS
				  196.150
Stats. Implemented: ORS
				  196.150, RCW 43.97.015;  16 U.S.C. §
											544  i
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 120 - ECONOMIC DEVELOPMENT CERTIFICATION PROCESS › Section 350-120-0020 - Application for Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The applicant shall submit one complete
			 application to the Executive Director of the Commission.
(2) A complete application shall include:
(a) One complete copy of the application
			 materials required by the state agency administering the grant or loan program,
			 excluding confidential financial information;
(b) If the proposed project will be located
			 entirely or partially within the general management area or special management
			 area one complete copy of a Scenic Area land use ordinance development review
			 decision, issued by the applicable county planning director, approving the
			 proposed project as consistent with the ordinance requirements, or a copy of a
			 letter from the applicable county planning director stating why the proposed
			 project does not require review under the county's Scenic Area land use
			 ordinance;
(c) One completed
			 application for certification form, available from the Gorge Commission and/or
			 the state agencies administering the grant or loan program. The form shall
			 include the following information:
(A)
			 Applicant's name and business address;
(B) Description of proposed project and
			 activity for which a Scenic Area grant or loan is sought;
(C) legal description and map of the specific
			 location of proposed project; if project has multiple or regional locations,
			 these should be identified;
(D)
			 Description of the existing use of the property or properties on which the
			 project will be located and/or used;
(E) A statement setting forth any local,
			 state or federal permits required and a report on their status; and
(F) Signature of applicant and property owner
			 if, different from applicant.
(d) One copy of each of any state and federal
			 environmental permits that have been issued for the proposed project. If
			 permits have not been received, copies of permit applications shall be
			 submitted instead.
Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 120 - ECONOMIC DEVELOPMENT CERTIFICATION PROCESS › Section 350-120-0050 - Expedited Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 In making a decision to certify a proposed grant or loan the Director shall:
(a) Consult with the applicant and such
			 agencies as the Director deems appropriate, and
(b) Consider information submitted by the
			 applicant and all other relevant information available.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 1 - PROCEDURAL RULES › Section 407-001-0000 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
The Department of Human Services (Department) adopts the
				Attorney General Model Rules applicable to rulemaking, effective on January 1,
				2012, with the exception of 137-001-0080.
The full text of the Attorney General's Model Rules of
				  Procedure is available from the office of the Attorney General or the
				  Department of Human Services.
Stat. Auth.: ORS
				  183.341 &
				  409.050
Stat. Implemented: ORS
				  183.341 &
				  409.050
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 1 - PROCEDURAL RULES › Section 407-001-0005 - Notice of Proposed Rulemaking and Adoption of Temporary Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in ORS 183.335(7) or
			 (12) or
			 183.341, before permanently
			 adopting, amending, or repealing an administrative rule, the Department shall
			 give notice of the intended action:
(a) To
			 legislators specified in ORS
			 183.335(15) at
			 least 49 days before the effective date of the rule;
(b) To persons on the interested parties
			 lists described in section (2) of this rule for the pertinent OAR chapter or
			 pertinent subtopics or programs within an OAR chapter at least 28 days before
			 the effective date of the rule;
(c)
			 In the Secretary of State's Bulletin referred to in ORS
			 183.360 at least 21 days before
			 the effective date of the rule;
(d)
			 To other persons, agencies, or organizations that the Department is required to
			 provide an opportunity to comment pursuant to state statute or federal law or
			 as a requirement of receiving federal funding, at least 28 days before the
			 effective date of the rule;
(e) To
			 the Associated Press and the Capitol Press Room at least 28 days before the
			 effective date of the rule; and
(f)
			 In addition to the above, the Department may send notice of intended action to
			 other persons, agencies, or organizations that the Department, in its
			 discretion, believes to have an interest in the subject matter of the proposed
			 rule at least 28 days before the effective date of the rule.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 1 - PROCEDURAL RULES › Section 407-001-0010 - Delegation of Rulemaking Authority

Current through Register Vol. 63, No. 7, July 1, 2024
Any officer or employee of the Department of Human Services who
				is identified on a completed Delegation of Authority form signed by the
				Director or Deputy Director of the Department and filed with the Secretary of
				State, Administrative Rules Unit, is vested with the authority to adopt, amend,
				repeal, or suspend administrative rules as provided on that form until such
				delegation is revoked by the Director or Deputy Director of the Department, or
				the person leaves employment with the Department.
Stat. Auth.: ORS
				  409.050
Stats. Implemented: ORS
				  183.325,
				  409.050,
				  409.120 &409.130
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 3 - PUBLIC RECORD FEES › Section 407-003-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to Oregon Administrative Rule
				407-003-0010  unless otherwise indicated:
(1) "Department" refers to the Oregon
			 Department of Human Services.
(2)
			 "Designee" refers to any officer or employee of the Department, appointed by
			 the Director to respond to requests for reduction or waiver of fees for public
			 records of the Department.
(3)
			 "Director" refers to the Director of the Department.
(4) "Person" includes any natural person,
			 corporation, partnership, firm, or association.
(5) "Photocopy(ing)" includes a photograph,
			 microphotograph and any other reproduction on paper or film in any scale, or
			 the process of reproducing, in the form of a photocopy, a public
			 record.
(6) "Public record"
			 includes any writing that contains information relating to the conduct of the
			 public's business that is prepared, owned, used or retained by the Department
			 regardless of physical form or characteristics.
(7) "Requestor" refers to a person requesting
			 inspection, copies, or other reproduction of a public record of the
			 Department.
(8) "Writing" means
			 handwriting, typewriting, printing, photographing and every means of recording,
			 including letters, words, pictures, sounds, or symbols, or combination thereof,
			 and all papers, maps, files, facsimiles or electronic recordings. It includes
			 information stored on computer tape, microfiche, photographs, films, tape or
			 videotape or that is maintained in a machine readable or electronic
			 form.
Stat. Auth: ORS
				  192.430,
				  409.050
Stats. Implemented: ORS192.430,
				  192.440,
				  409.010
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 3 - PUBLIC RECORD FEES › Section 407-003-0010 - Fees for Inspection or Copies of Public Records and Department of Human Services Publications; Other Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may charge a fee
			 reasonably calculated to reimburse the Department for the cost of making public
			 records available:
(a) Costs include but are
			 not limited to:
(A) The services and supplies
			 used in making the records available;
(B) The time spent locating the requested
			 records, reviewing the records, and redacting, or separating material exempt
			 from disclosure;
(C) Supervising a
			 person's inspection of original documents;
(D) Copying records;
(E) Certifying copies of records;
(F) Summarizing, compiling, or organizing the
			 public records to meet the person's request;
(G) Searching for and reviewing records even
			 if the records subsequently are determined to be exempt from disclosure;
(H) Postal and freight charges for
			 shipping the copies of the public records, sent first class or bulk rate based
			 on weight;
(I) Indirect costs or
			 third party charges associated with copying and preparing the public records;
			 and
(J) Costs associated with
			 electronic retrieval of records.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 5 - CLIENT RIGHTS › Section 407-005-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules (407-005-0000  through 407-005-0030) establish a
				Department policy of non-discrimination on the basis of disability in
				accordance with the Americans with Disabilities Act of 1990 (ADA) and Section
				504 of the Rehabilitation Act of 1973.
Stat. Auth.: ORS
				  409.050
Stats. Implemented: ORS
				  409.050
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 5 - CLIENT RIGHTS › Section 407-005-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to rules 407-005-0000  through
				407-005-0030:
(1) "Alternate Format
			 Communication" means printed material converted to a communication style that
			 meets the accessibility needs of individuals with disabilities to achieve
			 "effective communication." The types of alternate format that the Department
			 offers include but are not limited to: large print, Braille, audiotape,
			 electronic format (E-mail attachment, diskette, or CD-ROM) and oral
			 presentation.
(2) "Americans with
			 Disabilities Act" is a comprehensive federal law passed in 1990, which
			 prohibits discrimination on the basis of disability in employment, programs and
			 services provided by state and local governments; goods and services provided
			 by private companies; commercial facilities; telecommunications and
			 transportation. The ADA was crafted upon a body of existing legislation,
			 particularly the Rehabilitation Act of 1973 (Section 504), which states that no
			 recipient of federal financial assistance may discriminate against qualified
			 individuals with disabilities solely because of a disability. (Public Law
			 101-336)
(3) "An Individual with a Disability" means
			 an individual who:
(a) Has a physical or
			 mental impairment that substantially limits one or more major life activities;
			 or
(b) Has a record or history of
			 such an impairment; or
(c) Is
			 regarded as having such an impairment.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 5 - CLIENT RIGHTS › Section 407-005-0010 - Prohibitions Against Discrimination

Current through Register Vol. 63, No. 7, July 1, 2024
In accordance with  Title 28, CFR 35.130.
(1) No individual with a disability shall, on
			 the basis of disability, be excluded from participation in or be denied the
			 benefits of the services, programs, or activities of the Oregon Department of
			 Human Services (ODHS), or be subjected to discrimination by ODHS.
(2) ODHS, in providing any aid, benefit, or
			 service, may not, directly or through contractual, licensing, or other
			 arrangements, on the basis of disability:
(a)
			 Deny an individual with a disability the opportunity to participate in or
			 benefit from the aid, benefit, or service;
(b) Afford an individual with a disability an
			 opportunity to participate in or benefit from the aid, benefit, or service that
			 is not equal to that afforded others;
(c) Provide an individual with a disability
			 with an aid, benefit, or service that is not as effective in affording equal
			 opportunity to obtain the same result, to gain the same benefit, or to reach
			 the same level of achievement as that provided to others;
(d) Provide different or separate aids,
			 benefits, or services to individuals with disabilities or to any class of
			 individuals with disabilities than is provided to others unless such action is
			 necessary to provide individuals with disabilities with aids, benefits, or
			 services that are as effective as those provided to others;
(e) Aid or perpetuate discrimination against
			 an individual with a disability by providing significant assistance to an
			 agency, organization, or person that discriminates on the basis of disability
			 in providing any aid, benefit, or service to beneficiaries of an ODHS
			 program;
(f) Deny an individual
			 with a disability the opportunity to participate as a member of planning or
			 advisory boards;
(g) Otherwise
			 limit an individual with a disability in the enjoyment of any right, privilege,
			 advantage, or opportunity enjoyed by others receiving the aid, benefit, or
			 service.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 5 - CLIENT RIGHTS › Section 407-005-0015 - Illegal Drug Use

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 ADA protects qualified individuals with a disability, including certain
			 individuals with substance use disorder, but does not provide protections
			 against discrimination for individuals currently engaged in the illegal use of
			 drugs.
(a) Illegal use of drugs means the use
			 of one or more drugs, the possession or distribution of which is unlawful under
			 the Controlled Substances Act (21 U.S.C.
			 812). The term illegal use of drugs does not
			 include the use of a drug taken under supervision by a licensed health care
			 professional, or other uses authorized by the Controlled Substances Act or
			 other provisions of Federal law.
(b) Current illegal use of drugs means
			 illegal use of drugs that occurred recently enough to justify a reasonable
			 belief that a person's drug use is current or that continuing use is a real and
			 ongoing problem.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 5 - CLIENT RIGHTS › Section 407-005-0017 - Service Animals in Oregon Department of Human Services Buildings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon
			 Department of Human Services (ODHS) shall make reasonable modifications to its
			 policies, practices, and procedures to permit the use of service animals by
			 individuals with a disability.
(2)
			 Under the ADA, service animals are defined as dogs. In limited circumstances,
			 miniature horses may serve as service animals. (See  28 CFR 35.136i  for
			 information on these circumstances.) Emotional support animals and companion
			 animals do not qualify as service animals under Titles II or III of the
			 ADA.
(3) Service animals must be
			 individually trained, or be in training, to do work or perform tasks for an
			 individual with a disability. The work or task a service animal has been
			 trained to provide must be directly related to a disability, including a
			 physical, sensory, psychiatric, intellectual/developmental, or other mental
			 disability.
(4) ODHS must allow a
			 service animal to accompany an individual with a disability in all areas of the
			 facility where members of the public, participants in services, programs or
			 activities, or invitees, as relevant, are allowed to go.
(5) Under the ADA, a service animal must be
			 under the control of the service animal's handler. A service animal must be
			 harnessed, leashed, or tethered, unless the individual's disability prevents
			 using these devices or these devices interfere with the service animal's safe,
			 effective performance of tasks.
(6)
			 ODHS may ask an individual with a disability to remove a service animal from
			 the premises if:
(a) The animal is out of
			 control and the animal's handler does not take effective action to control it;
			 or
(b) The animal is not
			 housebroken.
(c) If one or both of
			 these situations occur, the handler may be asked to remove the service animal,
			 but the individual with a disability must still be welcome to participate in
			 the service or accommodation without the service animal.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 5 - CLIENT RIGHTS › Section 407-005-0020 - Reasonable Modifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department will make Reasonable Modifications to policies, practices or
			 procedures of a program, services or activity when the modifications are
			 necessary to avoid discrimination based on disability unless the modification
			 would fundamentally alter the nature of the program, service or activity or
			 create an undue administrative or financial burden.
(2) When providing program access to a
			 qualified individual with a disability would cause a fundamental alteration of
			 the program, service or activity or undue financial or administrative burden,
			 the Department will, to the extent the benefit of the program, service or
			 activity can be achieved, provide program access to the point at which the
			 program becomes fundamentally altered or experiences an undue burden.
(3) Alternate Format communication is
			 considered to be within the scope of reasonable modifications.
Stat. Auth.: ORS
				  409.050
Stats. Implemented: ORS
				  409.050
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 5 - CLIENT RIGHTS › Section 407-005-0025 - Requesting a Reasonable Modification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To request a reasonable modification to a
			 Department program, service or activity a client applicant, client or public
			 member must submit to program staff a request for a reasonable modification to
			 the applicable program. Requests may be made verbally or by completing the
			 Request for Reasonable Modification form.
(2) Upon receipt of a request for
			 modification the Department will:
(a)
			 Determine whether additional documentation regarding the claimed disability is
			 needed and request such documentation;
(b) Within fifteen (15) working days of the
			 request or the receipt of additional medical documentation, whichever is later,
			 provide to the requestor notification of approval, approval with alternative
			 modifications or denial of the request for reasonable modification. All denials
			 and approvals with alternative modifications that were not requested will be
			 clearly labeled a "Preliminary Notification Subject to Review."
(c) Ensure that approved modifications occur
			 within a reasonable time.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 5 - CLIENT RIGHTS › Section 407-005-0030 - Report of Discrimination and Other Remedies Available for Alleged Discrimination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 client or client applicant or specific class of individuals or their
			 representative(s) may file with the Department a Report of Discrimination based
			 on disability in the following circumstances:
(a) The final result under OAR 407-005-0025  for a Reasonable Modification Request was denied or was approved with an
			 alternative to the requested modification which is believed to be
			 inadequate;
(b) A request for
			 auxiliary aids and services was denied or was approved with an alternative to
			 the request which is believed to be inadequate;
(c) A request for an alternate format
			 communication was denied or was approved with an alternative to the request
			 which is believed to be inadequate;
(d) Inability to access facilities used for
			 Department programs;
(e) Denial of
			 participation in Department programs and services.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 5 - CLIENT RIGHTS › Section 407-005-0100 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These
			 rules (OAR 407-005-0100  through 407-005-0120) describe the process for
			 reporting, investigating, and resolving Department of Human Services' customer
			 or client complaints about staff conduct, or customer service or lack of
			 customer service received from Department personnel or Department
			 contractors.
(2) OAR 407-005-0100  through 407-005-0120  applies to Department personnel and Department
			 contractors:
(a) Department contractors shall
			 have established processes for addressing customer service complaints received
			 from Department customers or clients served by Department contractors that meet
			 or exceed the requirements set forth in these rules (OAR 407-005-0100  through
			 407-005-0120);
(b) Department
			 contractors must cooperate with the Department's customer service complaint
			 process and investigation if complaints are filed against them with the
			 Department;
(c) Department
			 contractors shall provide a copy of their established process upon request of
			 the Department.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 5 - CLIENT RIGHTS › Section 407-005-0105 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to OAR 407-005-0100  through
				407-005-0120:
(1) "Customers or
			 Clients" means any individual or entity having contact with the Department
			 seeking information, services, or reimbursement. This includes, but is not
			 limited to: clients and their family members, informal client supports,
			 advocates, Department staff, taxpayers, public officials, service providers,
			 community based organizations, media, and other interested parties;
(2) "Customer Service Complaint" means a
			 written complaint filed by a customer or client that expresses dissatisfaction
			 with staff conduct, customer service or lack of customer service received from
			 Department personnel or Department contractors;
(3) "Department" means the Department of
			 Human Services.
(4) "Department
			 Contractors" means employees, volunteers, trainees, and other individuals or
			 entities who contract with the Department to provide services.
Stat. Auth.: ORS
				  409.050
Stats. Implemented: ORS
				  409.010 and
				  411.977
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 5 - CLIENT RIGHTS › Section 407-005-0110 - Customer Service Complaint Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Customers or clients who are dissatisfied
			 with staff conduct or some aspect of customer services received from Department
			 personnel or Department contractors may file a customer service complaint with
			 the Department. Customers or clients verbally expressing dissatisfaction with
			 customer service will be informed by Department staff of the written customer
			 service complaint process.
(2) A
			 customer service complaint must be filed within 60 calendar days from the date
			 of the event that caused the dissatisfaction. Untimely complaints will not be
			 processed.
(3) Written customer
			 service complaints may be filed by:
(a) Postal
			 mail;
(b) In person at any
			 Department office; or
(c) By
			 contacting the Governor's Advocacy Office for assistance in filing a written
			 customer service complaint.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 5 - CLIENT RIGHTS › Section 407-005-0115 - Resolution of Customer Service Complaints

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Customers, clients, or their
			 representatives may resolve customer service complaints verbally, by contacting
			 the involved individual or a manager, or by filing a written customer service
			 complaint.
(2) Within two business
			 days of receipt of a written customer service complaint, the Department will
			 screen the complaint to determine whether the subject matter of the complaint
			 is subject to review under the customer service complaint process. If the
			 subject matter of the complaint is not subject to review under the customer
			 service complaint process, the Department will immediately notify and redirect
			 the customer or client to the alternative process for addressing the customer's
			 or client's issue.
(3) There are
			 four possible levels of written customer service complaint review. At the first
			 level, the customer service complaint will be reviewed by a first level
			 manager. If the complaint is not resolved at the first level, further review
			 will be conducted by a second or third level manager. The Governor's Advocacy
			 Office will facilitate the final level of review.
(4) For all levels of review and
			 investigation the following processes and timelines apply:
(a) Within five business days of receipt of a
			 written customer service complaint, the reviewing manager will review the
			 customer service complaint. If the written customer service complaint generates
			 no questions, the reviewing manager may begin investigating the matter before
			 contacting the complainant. If there are questions regarding the customer
			 service complaint, the reviewing manager will contact the complainant within
			 five business days of receipt of the written complaint, to discuss the matter
			 before taking any action. The reviewing manager must make the following efforts
			 to contact the complainant:
(A) The reviewing
			 manager must make at least two attempts to contact the complainant, using the
			 complainant's preferred method of communication as indicated in the written
			 complaint. If the complainant does not respond within ten business days from
			 the date of the last contact attempt, the manager may consider the complaint
			 closed;
(B) If the complainant does
			 not specify a preferred method of communication or the reviewing manager cannot
			 reach the complainant by telephone, the reviewing manager will communicate to
			 the complainant, in writing, requesting that the complainant contact the
			 manager.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 5 - CLIENT RIGHTS › Section 407-005-0120 - Client Complaints - Retaliation Prohibited

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ODHS may not discriminate against any
			 individual because the individual has opposed any act or practice made unlawful
			 by these rules, or because the individual made a charge, testified, assisted,
			 or participated in any manner in an investigation, proceeding, or hearing under
			 the ADA or these rules.
(2) ODHS
			 may not coerce, intimidate, threaten, or interfere with any individual in the
			 exercise or enjoyment of, or on account of his or her having exercised or
			 enjoyed, or on account of his or her having aided or encouraged any other
			 individual in the exercise or enjoyment of, any right granted or protected by
			 the ADA or these rules.
Statutory/Other Authority: ORS
				  409.050
Statutes/Other Implemented: ORS
				  409.050, ORS
				  409.010  & 411.977
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0000 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose
			 of these rules, OAR 407-007-0000  to 407-007-0100  is to supplement OAR
			 125-007-0200  to 125-007-0330  with guidelines and requirements specific to
			 background checks for Oregon Department of Human Services (Department or ODHS)
			 and Oregon Health Authority (Authority or OHA) subject individuals (SIs). These
			 rules provide for the reasonable screening under ORS 181A.195, 181A.200,
			 409.027 AND 413.036 of the Department's employees, volunteers, and contractors
			 to determine if they have a history of specific criminal behavior identified in
			 federal or state law or rules such that they should not be allowed to work,
			 volunteer, be employed, or otherwise perform in positions covered by these
			 rules.
(2) These rules apply to
			 evaluating potentially disqualifying convictions and conditions of an SI when
			 conducting fitness determinations based upon such information. The fact that an
			 SI is approved does not guarantee employment or placement. Except for OAR
			 407-007-0010, these rules do not apply to SIs covered under OAR 407-007-0200  to
			 407-007-0370.
(3) The Authority
			 authorizes the Background Check Unit (BCU), a shared service of the Department
			 and the Authority, to act on its behalf in performing criminal records checks.
			 References in these rules to the Department or Authority are references to
			 either or both agencies.
(4) When
			 the position the SI is having a criminal records check for also requires an
			 abuse check under OAR 407-007-0400  to 407-007-0460, the result of the criminal
			 records check and abuse check will be completed as one final fitness
			 determination or outcome.
Statutory/Other Authority: ORS 181A.195, 181A.200 &
				  409.050
Statutes/Other Implemented: ORS 181A.195, 181A.200, 409.010  & 443.004
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0020 - Criminal History Check Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 SIs must have a criminal records check in the following circumstances:
(a) If an individual becomes an SI on or
			 after the effective date of these rules.
(b) Except as provided in section (2) of this
			 rule, if the individual, whether previously considered an SI or not, changes
			 positions, and the position requires a criminal records check.
(A) Change in a position may include but is
			 not limited to promotion, transfer, demotion, re-employment, any return after
			 break in service, temporary hire, agency temporary hire, temporary hire to
			 permanent hire, lateral transfer from one district or unit to another district
			 or unit, job rotation, rotation to permanent, developmental assignment, work
			 out of class, work out of class to permanent, direct appointment, restoration,
			 layoff, or recall. Change in a position also includes a substantial change in
			 job duties indicating more responsibility or access in the duties as described
			 in OAR 407-007-0060(3), as written in the SI's position description.
(B) Change in a position would not include a
			 lateral transfer in which the SI maintains the same position title, same
			 classification withing the same unit or district, and with the same job duties
			 as written in the SI's position description.
(c) If the Department has reason to believe
			 that a criminal records check is justified. Examples include but are not
			 limited to credible evidence of new potentially disqualifying convictions or
			 conditions by an SI or quality assurance monitoring of a previously conducted
			 criminal records check.
(d) If the
			 SI's position requires use or access to CJI, or CJIS clearance pursuant to the
			 FBI CJIS Security Policy, version 5.9.4 (12/20/2023) or current
			 version.
(e) If the SI's position
			 in state services requires use or access to FTI, the SI must have a new
			 criminal records check every five years.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0040 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.534,
				  181.537,
				  409.050
Stats. Implemented: ORS
				  181.534,
				  181.537 &
				  409.010
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0050 - Potentially Disqualifying Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to OAR 125-007-0270(5), the following are potentially
				disqualifying conditions, if they exist on the date of the final fitness
				determination unless otherwise noted:
(1) False statement is potentially
			 disqualifying when all the following conditions are met:
(a) In a background check request, an SI has
			 submitted the answer, "No" to the question regarding whether the SI has
			 criminal history;
(b) The
			 Department finds potentially disqualifying criminal history in the criminal
			 records check; and
(c) The found
			 potentially disqualifying criminal history occurred before the date of the SI's
			 submission.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0060 - Weighing Test

Current through Register Vol. 63, No. 7, July 1, 2024
If the SI has potentially disqualifying convictions under OAR
				407-007-0041, or potentially disqualifying conditions under OAR 407-007-0050,
				the Department conducts a weighing test. If the SI is subject to an abuse check
				in accordance with OAR 407-007-0400  to 407-007-0460  and has potentially
				disqualifying abuse, the weighing test includes the consideration of factors in
				this rule and in OAR 407-007-0430. The weighing test includes consideration of
				factors pursuant to ORS 181A.195 and the following if available at the time of
				the weighing test:
(1) Circumstances
			 regarding the nature of potentially disqualifying crimes and conditions
			 including but not limited to:
(a) Age,
			 maturity and capacity of the SI at time of the potentially disqualifying
			 conviction or condition.
(b)
			 Details of incidents leading to or resulting in potentially disqualifying
			 convictions or conditions.
(c) If
			 there are more than one potentially disqualifying conviction or condition
			 (including potentially disqualifying abuse defined in OAR 407-007-0410), the
			 timeline, frequency and relation between potentially disqualifying
			 history.
(d) Facts that support the
			 potentially disqualifying conviction or condition.
(e) Passage of time since commission of the
			 crime or potentially disqualifying condition.
(f) Consideration of state or federal laws,
			 regulations, or rules covering the position or the Department, regarding the
			 potentially disqualifying convictions or conditions.
(g) Consideration of state or federal laws,
			 regulations, or rules that impact what is considered potentially disqualifying.
			 For example:
(A) Effective February 1, 2021,
			 most possession crimes in Oregon were reduced to violations, making them no
			 longer potentially disqualifying.
(B) The Department may give less weight to a
			 potentially disqualifying conviction or condition which is only potentially
			 disqualifying because it was a crime at the time it occurred but at the time of
			 the weighing test is no longer considered a crime nor is associated with any
			 potentially disqualifying conviction or condition.
(C) The consideration given potentially
			 disqualifying convictions or conditions impacted by federal laws, regulations,
			 or rules is determined by the number of these potentially disqualifying
			 convictions or conditions and evaluation of relevant factors in sections (1),
			 (2) and (3).
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0065 - Hired on a Preliminary Basis

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 BCU may complete a preliminary fitness determination if it receives a request
			 from Human Resources or the hiring manager for an SI to work, volunteer, be
			 employed, or otherwise perform in the position listed in the criminal records
			 check request prior to a final fitness determination. The Department may not
			 hire an SI on a preliminary basis prior to the completion of a preliminary
			 fitness determination.
(2) After
			 review of the criminal records check request, the Department makes one of the
			 following determinations:
(a) An SI may be
			 hired on a preliminary basis, only during the time period prior to a final
			 fitness determination, into the position listed in the criminal records check
			 request and allowed to participate in training, orientation, and position
			 activities under the one of the following circumstances:
(A) If there is no indication of potentially
			 disqualifying convictions or conditions in the criminal records check request
			 and the Department has no reason to believe the SI has potentially
			 disqualifying convictions or conditions.
(B) If an SI discloses potentially
			 disqualifying convictions or conditions, the SI may be hired on a preliminary
			 basis only after BCU completes a weighing test. The Department may hire an SI
			 on a preliminary basis only if, based on information available at the time, BCU
			 determines that more likely than not that the SI poses no potential threat to
			 the Department, its clients, or vulnerable persons.