reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 55 - SEXUAL CONDUCT INVESTIGATIONS › Section 581-055-0001 - Sexual Conduct Investigations and Abuse Notifications: Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of OAR 581-055-0001 to OAR 581-055-0017:
(1) "Agent" means a person acting on behalf
			 of an education provider in a manner that requires the person to have direct,
			 unsupervised contact with students.
(2) "Contractor" means a person providing
			 services to an education provider under a contract in a manner that requires
			 the person to have direct, unsupervised contact with students.
(3)
(a)
			 "Education provider" means:
(A) A school
			 district, as defined in ORS
			 332.002;
(B) The Oregon School for the Deaf;
(C) An educational program under the Youth
			 Corrections Education Program;
(D)
			 A public charter school, as defined in ORS
			 338.005;
(E) An education service district, as defined
			 in ORS 334.003;
(F) Any state-operated program that provides
			 educational services to students; and
(G) A private school.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 55 - SEXUAL CONDUCT INVESTIGATIONS › Section 581-055-0004 - Sexual Conduct Investigations by the Department of Education

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the
			 Department of Education receives a report of suspected sexual conduct, the
			 department shall determine whether:
(a) The
			 report alleges sexual conduct as defined in OAR 581-055-0001; and
(b) A school employee, contractor, agent, or
			 volunteer who is not licensed by the Teacher Standards and Practices Commission
			 is alleged to have committed the sexual conduct.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 55 - SEXUAL CONDUCT INVESTIGATIONS › Section 581-055-0007 - Sexual Conduct Final Reports by the Department of Education

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) Following an investigation conducted
			 under OAR 581-055-0004, the Department of Education shall issue its final
			 report, which must include the following information, as allowed by state and
			 federal law:
(A) A cite to the department's
			 statutory authority;
(B) The
			 procedural background;
(C) The
			 department's findings of fact;
(D)
			 The evidentiary standards and legal analysis used to prepare the final
			 report;
(E) The department's final
			 determination, which will indicate whether the allegations raised in the report
			 of suspected sexual conduct are substantiated, cannot be substantiated, or do
			 not constitute a report of sexual conduct; and
(F) Information about the right to an appeal
			 under OAR 137-003-0501 to 137-003-0700, as described in OAR
			 581-055-0011.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 55 - SEXUAL CONDUCT INVESTIGATIONS › Section 581-055-0011 - Appeal of Matters Asserted

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 After issuing its final report under OAR 581-055-0007, the Department of
			 Education shall send notice of a right to a contested case hearing under OAR
			 137-003-0501 to 137-003-0700.
(2)
			 Upon receiving notice of the right to a contested case hearing under this rule,
			 a person may request from the department, within the amount of time stated in
			 the notice, a contested case hearing to appeal the matter asserted in the final
			 report. Hearings requested under this section are subject to the provisions
			 established for contested case hearings under OAR 137-003-0501 to
			 137-003-0700.
Statutory/Other Authority: ORS
				  326.051 & ORS
				  339.391
Statutes/Other Implemented: ORS
				  339.391
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 55 - SEXUAL CONDUCT INVESTIGATIONS › Section 581-055-0014 - Confidentiality of Documents, Materials, and Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in subsection (2) of
			 this rule, documents and materials used in an investigation conducted pursuant
			 to OAR 581-055-0004, and reports related to the investigation, are confidential
			 and not subject to public inspection.
(2) To the extent allowed by state and
			 federal law, upon request, the department shall make documents, materials, and
			 reports described in subsection (1) of this rule available to:
(a) A law enforcement agency or the
			 Department of Human Services, if necessary to conduct an investigation of
			 alleged abuse;
(b) The Teacher
			 Standards and Practices Commission, if necessary to conduct an investigation of
			 suspected sexual conduct by a school employee, contractor, agent, or volunteer
			 who is licensed by the commission; and
(c) An education provider, if necessary for
			 the education provider to take disciplinary action against, make changes to the
			 employment of, or make changes to the duties of a school employee, contractor,
			 agent, or volunteer.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 55 - SEXUAL CONDUCT INVESTIGATIONS › Section 581-055-0017 - Notice of Abuse from the Department of Human Services

Current through Register Vol. 63, No. 7, July 1, 2024
When the Department of Education receives notice from the
				Department of Human Services of a report of suspected abuse pursuant to ORS
				419B.019, the Department of
				Education shall immediately send notice to:
(1) The education provider for which the
			 school employee, contractor, agent, or volunteer who is alleged to have
			 committed the abuse was working, acting, or performing services when the
			 alleged abuse occurred; and
(2) Any
			 other education provider that the Department of Education determines must
			 receive notice to ensure the safety of students.
Statutory/Other Authority: ORS
				  326.051
Statutes/Other Implemented: ORS
				  419B.019
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 1 - DEFINITIONS › Section 582-001-0003 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  183.332 & ORS
				  344.530
Stats. Implemented: ORS
				  344.530
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 1 - DEFINITIONS › Section 582-001-0005 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  344.530
Stats. Implemented: ORS
				  183.335,
				  183.341 &
				  344.530
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 1 - DEFINITIONS › Section 582-001-0010 - Definitions for Chapter 582

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to each division in chapter 582
				of the Oregon Administrative Rules unless otherwise indicated:
(1) "Act" means Public Law No: 113-128, Title
			 IV-Amendments to the Rehabilitation Act of 1973.
(2) "Applicant" means an individual who
			 submits an application for vocational rehabilitation services in accordance
			 with
			 34 CFR §
									361.41(b)(2).
(3) "Apprenticeship" means a job that allows
			 an individual to earn money while gaining skills and experience through both
			 technical instruction and hands-on training.
(4) "Appropriate modes of communication"
			 means specialized aids and supports that enable an individual with a disability
			 to comprehend and respond to information that is being communicated.
			 Appropriate modes of communication include, but are not limited to, the use of
			 interpreters, open and closed captioned videos, specialized telecommunications
			 services and audio recordings, Brailled and large print materials, materials in
			 electronic formats, augmentative communication devices, graphic presentations,
			 and simple language materials.
(5)
			 "Assessment for determining eligibility and vocational rehabilitation needs"
			 means, as appropriate in each case
(a)
(A) A review of existing data
(i) To determine if an individual is eligible
			 for vocational rehabilitation services; and
(ii) To assign priority for an order of
			 selection described in
			 34
			 CFR §
												361.36 in the States that use an
			 order of selection; and
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 10 - STATE STANDARDS FOR PROVIDERS OF COMMUNITY REHABILITATION SERVICES › Section 582-010-0005 - Statement of Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Clients of OVRS should receive community rehabilitation services from a broad
			 range of providers of varied sizes and types, offering a wide scope of
			 services. Availability of all types of community rehabilitation services is
			 essential to establishing and maintaining a statewide network of vocational
			 rehabilitation services.
(2) OVRS
			 promotes the quality of community rehabilitation services by providing
			 standards for its direct client service providers who have no other state
			 mandated licensing and monitoring requirements.
(3) OVRS promotes the availability, relevance
			 and quality of community rehabilitation services through a flexible yet
			 thorough process of approval tailored to utilization needs identified locally
			 and reflected in the State Plan.
(4) The inclusion of a provider of community
			 rehabilitation services on the OVRS list of approved vendors does not commit
			 OVRS to utilize the available services.
(5) OVRS does not provide any provider of
			 community rehabilitation services with a guarantee of a total dollar commitment
			 or number of total client referrals during any specific time frame except if
			 determined as a condition of a cooperative agreement for implementing a federal
			 grant or service contract.
(6)
			 Providers of community rehabilitation services are expected to fully inform
			 OVRS clients of the purpose and results of all service delivery efforts made on
			 their behalf.
(7) Providers of
			 community rehabilitation services performing job development or placement tasks
			 should only refer OVRS clients to appropriate previously-agreed on employment
			 opportunities.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  344.530
Stats. Implemented: ORS
				  344.511 -
				  344.690 &
				  344.710 -
				  344.730
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 10 - STATE STANDARDS FOR PROVIDERS OF COMMUNITY REHABILITATION SERVICES › Section 582-010-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of chapter 582, division 10 of the Oregon
				Administrative Rules, the following definitions apply:
(1) "Accreditation" is the term signifying
			 that a community rehabilitation program meets standards of performance set by
			 an organization or methodology listed in these rules.
(2) "Approval" is a term signifying that OVRS
			 standards for vendor selection are met, and the vendor may be utilized by a
			 local OVRS office to provide OVRS purchased services for individuals with
			 disabilities.
(3) "Certification"
			 refers to the acknowledgment by OVRS that the CRP has completed required
			 application procedures and, if applicable, met specific accreditation
			 standards.
(4) "Department of
			 Administrative Services" (DAS) refers to the administrative unit of the State
			 of Oregon that is responsible for setting certain standards that apply to all
			 state vendors and whose standards may apply to OVRS vendors.
(5) "Interim Approval" refers to the
			 authority of OVRS to approve a CRP and purchase its services within a limited
			 time period while an application for CRP vendor "Approval" or "Certification"
			 is being processed.
(6)
			 "Rehabilitation Facility" refers to a CRP or unit of a larger organization that
			 meets the definition for a CRP and that is operated for the primary purpose of
			 providing vocational rehabilitation services to individuals with disabilities
			 and that provides singularly or in combination, one or more of the services
			 listed in OAR 582-001-0010(10).
(7)
			 "State Standards for Vendor Approval" refers to a set of criteria, applied as
			 appropriate to the type of program and used by OVRS to evaluate a provider's
			 operation and to determine whether the provider may be listed as an approved
			 vendor. State Standards are in addition to any federal requirements in the
			 Rehabilitation Act or regulations and shall for CRPs, at a minimum and as
			 appropriate, relate to physical plant, health and safety, production,
			 insurance, physical accessibility, organization, fiscal management, personnel,
			 program management, client issues, program evaluation, human rights (including
			 the safeguarding of confidential information about clients), and community
			 relations.
(8) "Statement of
			 Assurances and Conditions" means a document executed and signed by a provider
			 of community rehabilitation services attesting to an understanding of and
			 intent to comply with applicable criteria in these rules and any attending
			 policy for implementing these rules.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  344.530
Stats. Implemented: ORS
				  344.511 -
				  344.690 &
				  344.710 -
				  344.730
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 10 - STATE STANDARDS FOR PROVIDERS OF COMMUNITY REHABILITATION SERVICES › Section 582-010-0015 - Recognized Accreditation Methodologies for Providers of Community Rehabilitation Services

Current through Register Vol. 63, No. 7, July 1, 2024
When viewed in combination with applicable State Standards in
				these rules, OVRS recognizes the following accreditation options:
(1) Accreditation by the Commission on
			 Accreditation of Rehabilitation Facilities (CARF).
(2) Accreditation by the Rehabilitation
			 Services Accreditation System (RSAS).
(3) Certification by Department of Human
			 Services, Seniors and People with Disabilities for employment services under
			 OAR 309-047-0000 through 309-047-0140, or as Support Service Brokerages or
			 Provider Organizations under 411-340-0010  through 411-340-0180  for adults with
			 developmental disabilities.
(4) As
			 appropriate, for an individual providing community rehabilitation services,
			 certification by the Commission on Rehabilitation Counselor Certification
			 (CRCC) or by the Workers' Compensation Division of the Oregon Department of
			 Consumer and Business Services.
(5)
			 Accreditation by the Northwest Association of Schools and Colleges (NASC) if
			 clear evidence of relationship to OAR 582-010-0025  is provided.
(6) Registration or certification by the
			 Child Care Division of the Oregon Department of Employment.
(7) Accreditation by other organizations
			 approved by OVRS demonstrating an ability to evaluate based upon State
			 Standards in OAR 582-010-0025.
(8)
			 For providers of vocational rehabilitation services other than vocational,
			 personal and/or work adjustment, skill training, work readiness retention, job
			 development, or extended employment, accreditation may be by a recognized
			 accrediting organization or methodology within the field of expertise of the
			 provider.
(9) An out-of-state CRP
			 may be accredited by an approved organization or by current placement on the
			 approved CRP vendor list of that state's vocational rehabilitation
			 agency.
Stat. Auth.: ORS
				  344.530
Stats. Implemented: ORS
				  344.511 -
				  344.690 &
				  344.710 -
				  344.730
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 10 - STATE STANDARDS FOR PROVIDERS OF COMMUNITY REHABILITATION SERVICES › Section 582-010-0020 - Approval Policy for All Providers of Community Rehabilitation Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Approval
			 Required: No person or public or private organization shall, on behalf of OVRS,
			 provide vocational rehabilitation services and receive vocational
			 rehabilitation fees without first submitting all required application materials
			 and being placed on the Approved Vendor List of OVRS.
(2) At the discretion of OVRS, separate
			 approvals may be required for separate sites and/or for different programs
			 operated under the same management.
(3) Approvals under OAR 582-010-0020  are
			 valid for a period of two years, with the exception of Interim Approvals, which
			 are valid for the term or condition stated. Prior to the expiration of a
			 two-year approval, a provider of community rehabilitation services must reapply
			 for approval.
(4) OVRS may require
			 full or partial reapplication when a CRP undergoes significant changes in its
			 management or operation.
(5)
			 Providers of community rehabilitation services that are individuals or sole
			 proprietors without employees/contractors who provide direct services to OVRS
			 clients must qualify under state law as independent contractors but do not have
			 to provide verification of accreditation.
(6) A notice of approval or denial for
			 "Approved" or "Interim Approval" status will be provided in writing to the CRP
			 within 30 days of OVRS receipt of requirements stated in this rule.
(7) It is the responsibility of the provider
			 of community rehabilitation services to assure that the requirements of OAR
			 582-010-0020  are fully met at all times.
(8) A provider of community rehabilitation
			 services and any other vendor required under chapter 582 of the Oregon
			 Administrative Rules to complete a Criminal History Check may be placed
			 temporarily on the Approved Vendor List by the CRP Coordinator if the
			 circumstances justify a temporary approval. The temporary approval may be
			 terminated by OVRS at any time and shall expire automatically once DHS
			 completes the criminal history check process.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  344.530
Stats. Implemented: ORS
				  344.511 -
				  344.690 &
				  344.710 -
				  344.730
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 10 - STATE STANDARDS FOR PROVIDERS OF COMMUNITY REHABILITATION SERVICES › Section 582-010-0021 - Approval Policy for Category A Providers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Category A providers of community
			 rehabilitation services are those providers exclusively paid by OVRS to provide
			 the following listed services:
(a) Medical,
			 psychiatric, psychological, social, and vocational services that are provided
			 under one management;
(b)
			 Evaluation or control of specific disabilities;
(c) Physical and occupational
			 therapy;
(d) Recreational
			 therapy;
(e) Speech, language and
			 hearing therapy;
(f) Psychiatric,
			 psychological and social services, including positive behavior
			 management;
(g) Psychosocial
			 rehabilitation services
(h)
			 Rehabilitation technology;
(i)
			 Testing, fitting, or training in the use of prosthetic and orthotic
			 devices;
(j) Personal assistance
			 services;
(k) Child care:
			 or
(l) Professionals or entities
			 licensed by a state or federal agency (excluding OVRS), acting within the scope
			 of their license, and providing any services covered by OAR
			 582-010-0022(1).
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 10 - STATE STANDARDS FOR PROVIDERS OF COMMUNITY REHABILITATION SERVICES › Section 582-010-0022 - Approval Policy for Category B Providers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided at OAR
			 582-010-0022(2), Category B providers of community rehabilitation services are
			 those providers paid by OVRS to provide the following listed services:
(a) Assessment for determining eligibility
			 and vocational needs, including technicians for assessment tests;
(b) Job development, placement, and retention
			 services;
(c) Orientation and
			 mobility services;
(d) Extended
			 employment;
(e) Supported
			 employment services and extended services;
(f) Services to family members (except child
			 care) when necessary to the vocational rehabilitation of the individual;
			 and
(g) Services similar to the
			 services described in OAR 582-010-0022(1)(a)-(g), including vendors who provide
			 training, write resumes, consult on self-employment plans, assist with a
			 self-employed business, or write PASS plans.
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 10 - STATE STANDARDS FOR PROVIDERS OF COMMUNITY REHABILITATION SERVICES › Section 582-010-0030 - Termination or Denial of Approval or Interim Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The decision to deny or terminate
			 "Approval" or "Interim Approval" shall be made in writing by OVRS. This notice
			 shall contain the reason, the effective date, any requirements for
			 reinstatement if applicable, and the appeals process.
(2) OVRS will provide compensation for
			 verifiable, authorized services provided by the provider of community
			 rehabilitation services prior to the effective date of termination.
(3) No OVRS funds will be provided for
			 services or grant activities after the effective date as stated in the OVRS
			 notice.
(4) OVRS may provide a
			 30-day notice of termination or denial where any of the following reasons
			 apply:
(a) Mutual agreement;
(b) Failure to provide or complete the
			 required application;
(c)
			 Termination of accreditation by the certifying body; or
(d) Failure to meet a service
			 commitment.
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 20 - DISPUTE RESOLUTION AND REVIEW OF DETERMINATIONS OF REHABILITATION SERVICES › Section 582-020-0005 - Dispute Resolution, General

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 It is the intention of the Office of Vocational Rehabilitation Services (OVRS)
			 to resolve disputes between OVRS and its clients quickly and fairly.
(2) Clients who are dissatisfied or disagree
			 with a decision that affects the provision of vocational rehabilitation
			 services shall have available a continuum of dispute resolution options,
			 including informal negotiation and problem-solving, mediation, impartial fair
			 hearings, and formal administrative review.
(3) OVRS shall inform its clients about the
			 range of dispute resolution options available and their right to seek the
			 assistance of the Client Assistance Program.
Statutory/Other Authority: ORS
				  344.530  & 344.590
Statutes/Other Implemented: ORS
				  344.530,
				  344.550  & 344.590
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 20 - DISPUTE RESOLUTION AND REVIEW OF DETERMINATIONS OF REHABILITATION SERVICES › Section 582-020-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Action" means a decision by the Program
			 to deny, terminate, suspend, or reduce a client's eligibility or services.
			 Action may include the Program's delay in making a decision to deny, terminate,
			 suspend, or reduce a client's eligibility or services.
(2) "Client" means an applicant or eligible
			 individual of the Program.
(3)
			 "Delay" means:
(a) The Program failed to make
			 a decision regarding an action within the timeframes specified in state or
			 federal law; or
(b) If state or
			 federal law does not impose a time limit, the client has made a dated, written
			 request for a decision regarding a Program action and the Program has
			 unreasonably delayed in making that decision.
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 20 - DISPUTE RESOLUTION AND REVIEW OF DETERMINATIONS OF REHABILITATION SERVICES › Section 582-020-0015 - Problem Solving

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A client may
			 request that their Program counselor engage in problem-solving with the client
			 to resolve a dispute regarding the client's vocational rehabilitation services.
			 A Notice of Action is not required in order for the client to request
			 problem-solving. For purposes of this rule, a dispute does not necessarily
			 involve a Program action that entitles the client to mediation or hearing
			 rights.
(2) The Program may include
			 a supervisor or other assigned Program employee in the meeting to resolve the
			 issue. The client may have a representative or support person present during
			 the discussions.
(3) Both parties
			 must agree to participate in problem-solving. The Program may decline to
			 participate in problem-solving if the client refuses to cooperate in scheduling
			 or to participate in a meeting to discuss the dispute, or the same dispute has
			 been resolved by the dispute resolution process and no further appeal rights
			 are available, or prior attempts to resolve the dispute have been
			 unproductive.
(4) Problem-solving
			 may occur at any time prior to the client requesting a hearing or mediation. A
			 client's request to engage in problem-solving does not exempt the client from
			 complying with applicable legal timeframes to request a hearing or
			 mediation.
Statutory/Other Authority: ORS 344.530 & 344.590
Statutes/Other Implemented: ORS 344.530, 344.550 &
				  344.590
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 20 - DISPUTE RESOLUTION AND REVIEW OF DETERMINATIONS OF REHABILITATION SERVICES › Section 582-020-0020 - Notice of Dispute Resolution Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Program shall provide a written Notice of Dispute Resolution Rights to the
			 client or, if appropriate, the client's representative:
(a) At the time the client applies for
			 vocational rehabilitation services;
(b) At the time the client is assigned to a
			 category during an order of selection;
(c) At the time the individualized plan for
			 employment (IPE) is developed; and
(d) Whenever vocational rehabilitation
			 services are reduced, suspended, or terminated.
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 20 - DISPUTE RESOLUTION AND REVIEW OF DETERMINATIONS OF REHABILITATION SERVICES › Section 582-020-0025 - Notice of Action and Notice of Procedural Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Program shall provide the client with
			 a written Notice of Action when it makes a decision to deny, terminate,
			 suspend, or reduce a client's eligibility or services.
(2) The Notice of Action must include the
			 following:
(a) The date the notice is
			 mailed;
(b) The information
			 provided in the Notice of Dispute Resolution Rights;
(c) A description of the procedure and time
			 to request a hearing, or a statement of the time and place of the
			 hearing;
(d) Statement of the
			 authority and jurisdiction under which the hearing is to be held;
(e) A short and plain statement about the
			 action the Program intends to take and the action effective date;
(f) Statement about the reason for the
			 action, including citations to the statutes or rules involved;
(g) Statement indicating whether and under
			 what circumstances an order by default may be entered;
(h) Statement regarding the right to stay the
			 proceedings and assistance available to active duty service members;
			 and
(i) Statement regarding the
			 right to continuing benefits under federal law.
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 20 - DISPUTE RESOLUTION AND REVIEW OF DETERMINATIONS OF REHABILITATION SERVICES › Section 582-020-0030 - Informal Dispute Resolution

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the
			 client submits a request for mediation or a hearing, the parties may also
			 request informal dispute resolution before the mediation or the hearing
			 proceeds. A client does not need to request informal dispute resolution in
			 order to request mediation or a hearing.
(2) The client may have a representative in
			 the informal dispute resolution process. The Program shall have at least one
			 other Program staff member or its representative involved in the
			 process.
(3) The Program may
			 decline to participate in informal dispute resolution if the client refuses to
			 cooperate in scheduling or participating in a meeting to discuss the action,
			 the same action has been resolved by the dispute resolution process and no
			 further appeal rights are available, or prior attempts to resolve the disputed
			 action have been unsuccessful.
(4)
			 If the subject of the mediation or hearing request is resolved through the
			 informal dispute resolution process, the resolution shall be confirmed in
			 writing by the parties, and:
(a) The client
			 shall withdraw the request for mediation or a hearing; or
(b) If the client fails to withdraw the
			 request for hearing, the Program, if the matter has not yet been assigned to an
			 IHO, or the IHO, if the matter has already been assigned, shall issue an order
			 dismissing the client's hearing request.
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 20 - DISPUTE RESOLUTION AND REVIEW OF DETERMINATIONS OF REHABILITATION SERVICES › Section 582-020-0035 - Mediation and Hearing Requests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A client who
			 is dissatisfied with a Program action may request mediation, a hearing, or
			 both. The client may also simultaneously request informal dispute
			 resolution.
(2) The client shall
			 use the Program-approved Mediation and Hearing Request form to request
			 mediation, a hearing, or both.
(3)
			 To be timely a mediation and hearing request shall:
(a) Be received by the Program's Dispute
			 Resolution Coordinator within 60 calendar days following the date of the
			 Program's written Notice of Action or alleged Program delay in making a
			 decision, except as otherwise provided in this rule.
(b) The client's hearing request is also
			 considered timely if the Program's Dispute Resolution Coordinator:
(A) Receives a timely request for mediation
			 under section (3)(a) of this rule; and
(B) Receives a completed request for hearing
			 within 60 calendar days following the date of the Program's written notice
			 declining to participate in or ending mediation under OAR
			 582-020-0045.
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 20 - DISPUTE RESOLUTION AND REVIEW OF DETERMINATIONS OF REHABILITATION SERVICES › Section 582-020-0040 - Continuation of Services

Current through Register Vol. 63, No. 7, July 1, 2024
The Program may not suspend, reduce, or terminate vocational
				rehabilitation services being provided to a client, including evaluation and
				assessment services and IPE development, pending a resolution through
				mediation, pending a decision by the IHO or Reviewing Official, or pending
				informal dispute resolution, unless:
(1) The client or client's representative
			 requests suspension, reduction, or termination of services pending the outcome
			 of dispute resolution process; or
(2) The Program has evidence that the
			 services have been obtained through misrepresentation, fraud, collusion or
			 criminal conduct on the part of the client or the client's
			 representative.
Statutory/Other Authority: ORS 344.530 & 344.590
Statutes/Other Implemented: ORS 344.530 & ORS 344.540  & 344.590
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 20 - DISPUTE RESOLUTION AND REVIEW OF DETERMINATIONS OF REHABILITATION SERVICES › Section 582-020-0045 - Mediation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Participation in the mediation process is
			 voluntary. If the Program declines to participate following a request for
			 mediation under OAR 582-020-0035, the Program shall provide written notice to
			 the client that mediation is declined and the client shall be advised of their
			 right to request a hearing, if a request for a hearing is not already
			 pending.
(2) Selection of mediator:
(a) The Program shall select mediators who
			 are listed on the Oregon State Alternative Dispute Resolution (ADR) Provider
			 Roster of the State of Oregon Department of Justice, who have indicated an
			 interest or expertise in disability-related issues, and who meet the
			 requirements of a qualified and impartial mediator.
(b) Upon receipt of a timely request for
			 mediation from the client, the Program shall contact, on a rotating basis, a
			 mediator who is geographically near the Program office of the client. If that
			 mediator is not available within two weeks, the Program shall contact other
			 mediators using this same identification process until one is identified who
			 can provide timely services. If no mediator is mutually selected from the pool
			 of mediators geographically near the Program office of the client, the Program
			 shall contact, on a rotating basis, mediators from a wider geographic
			 range.
(c) Each party shall be
			 given the opportunity to agree to or reject an identified mediator prior to the
			 beginning of mediation services.
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 20 - DISPUTE RESOLUTION AND REVIEW OF DETERMINATIONS OF REHABILITATION SERVICES › Section 582-020-0050 - Impartial Due Process Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Program
			 shall refer a completed and timely hearing request, as described in OAR
			 582-020-0035, to an IHO.
(2) The
			 hearing shall be held at a time consistent with OAR 582-020-0035  and designated
			 by the IHO.
(3) The hearing shall
			 be held in a location that is convenient and accessible, as agreed to by the
			 client and the Program.
(4)
			 Hearings shall be conducted in person, unless agreed to by the client and the
			 Program.
(5) The parties shall have
			 the opportunity to submit documentary evidence, to testify, and to call and
			 cross-examine witnesses.
(6)
			 Evidence of a type commonly relied upon by reasonably prudent persons in the
			 conduct of their serious affairs shall be admissible.
(7) Irrelevant, immaterial, or unduly
			 repetitious evidence shall be excluded, and privileges afforded by Oregon law
			 shall be recognized by the IHO.
(8)
			 Transmittal of questions to Program: At the request of one of the parties or
			 their representatives, or on the IHO's own motion, the IHO may transmit a
			 question to the Program to request the Program's interpretation of its rules
			 and applicable statutes, or which rules or statutes apply to a proceeding.
(a) The IHO shall submit any transmitted
			 question in writing to the Program. The submission shall include a summary of
			 the matter in which the question arises and shall be served on the
			 parties.
(b) The Program may ask
			 for clarification in order to respond to the transmitted question.
(c) Unless prohibited by statute or
			 administrative rules governing the timing of hearings, the IHO may continue the
			 hearing or delay issuing a decision in order to get a response from the
			 Program.
(d) The Program shall
			 respond in writing to the transmitted question within a reasonable time. The
			 Program's response shall be signed by an individual with authority to answer
			 the question transmitted.
(e) The
			 Program's response shall be made a part of the hearing record. The Program's
			 response may be to decline to answer the transmitted question. The Program
			 shall provide its response to the parties and IHO. The parties may reply to the
			 Program's response no less than seven calendar days, unless ordered by the IHO
			 and agreed to by the Program.
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 20 - DISPUTE RESOLUTION AND REVIEW OF DETERMINATIONS OF REHABILITATION SERVICES › Section 582-020-0055 - Selection of Impartial Hearing Officer

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 IHOs are assigned from a pool of qualified individuals who meet the
			 requirements of OAR 582-020-0010(7)  and who have been identified jointly by the
			 Program and the State Rehabilitation Council.
(2) IHOs are assigned on a rotational basis
			 unless the parties agree in advance to the assignment of a specific IHO from
			 the pool outside of the rotation.
(3) Either party may request that the
			 assigned IHO remove himself or herself because of a potential conflict of
			 interest or disqualification. Requests based on conflict of interest shall be
			 reviewed under the standards of Rule 3.10 of the Oregon Code of Judicial
			 Conduct (disqualification) and  34 CFR 361.5(b)(25)(i)(F)  (an individual has no
			 personal, professional or financial interest that would be in conflict with the
			 objectivity of the individual). If the IHO removes himself or herself or is
			 removed under section (5) of this rule, a new IHO shall be chosen by rotation
			 from the pool unless the parties agree to a specific IHO from the pool outside
			 of the rotation.
(4) If the IHO
			 denies a request to withdraw under section (3) of this rule, the IHO shall
			 advise the parties in writing of the nature of the alleged conflict and the
			 rationale for the decision not to remove himself or herself.
(5) The IHO's decision not to remove himself
			 or herself may be appealed immediately to the Program Director, whose decision
			 is final.
Statutory/Other Authority: ORS 344.530 & 344.590
Statutes/Other Implemented: ORS 344.511 -
				  344.690
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 20 - DISPUTE RESOLUTION AND REVIEW OF DETERMINATIONS OF REHABILITATION SERVICES › Section 582-020-0060 - Prehearing Conferences

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to
			 hearing, the IHO shall conduct at least one prehearing conference to facilitate
			 the conduct and resolution of the case. Unless both parties agree that no
			 conference is desired, the parties must attend and participate in at least one
			 scheduled prehearing conference.
(2) The purposes of a prehearing conference
			 may include, but are not limited to the following:
(a) To facilitate discovery and resolve
			 disagreements about discovery;
(b)
			 To identify, simplify, and clarify issues directly related to the disputed
			 Program action identified in the hearing request;
(c) To eliminate irrelevant or non-hearable
			 issues;
(d) To obtain stipulations
			 of fact and admit documents into evidence;
(e) To provide to the IHO and parties, in
			 advance of the hearing, copies of all documents intended to be offered as
			 evidence at the hearing and the names of all witnesses expected to
			 testify;
(f) To authenticate
			 documents;
(g) To decide the order
			 of proof and other procedural matters pertaining to the conduct of the
			 hearing;
(h) To discuss the use of
			 a collaborative dispute resolution process in lieu of or preliminary to holding
			 the contested case hearing;
(i) To
			 schedule the date, time and location of the hearing or for any other matters
			 connected with the hearing, including motion hearings, dates for pre-filed
			 testimony and exhibits and exchange of exhibits and witness lists;
			 and
(j) To discuss settlement or
			 other resolution or partial resolution of the case.
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 20 - DISPUTE RESOLUTION AND REVIEW OF DETERMINATIONS OF REHABILITATION SERVICES › Section 582-020-0065 - Impartial Hearing Officer Responsibility to Maintain a Hearing Record

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The IHO shall maintain an audio record of
			 all prehearing conference events, whether by telephone or in person.
(2) The IHO shall maintain a written record
			 of all hearing events, including, but not limited to, all pleadings, notices,
			 email correspondence, exhibits submitted, witness lists, stipulations,
			 agreements, rulings, orders, and decisions.
(3) The hearing officer does not have the
			 authority to order a court reporter or other resource to create or maintain the
			 written or audio record at the Program's expense. Any additional resources
			 requested and to be paid by the Program shall be agreed to by the
			 Program.
Statutory/Other Authority: ORS 344.530 & 344.590
Statutes/Other Implemented: ORS 344.511 -
				  344.690
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 20 - DISPUTE RESOLUTION AND REVIEW OF DETERMINATIONS OF REHABILITATION SERVICES › Section 582-020-0070 - Selection of Impartial Hearing Officer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Impartial Hearing Officers are assigned
			 from a pool of qualified persons who meet the requirements of
			 34 CFR
			 361.5(b)(25) identified
			 jointly by OVRS and the State Rehabilitation Council.
(2) Impartial Hearing Officers are assigned
			 on a rotational basis unless the parties agree in advance of assignment on a
			 specific hearing officer from the pool outside of the rotation.
(3) Either party may request that the
			 assigned Impartial Hearing Officer remove himself or herself because of a
			 potential conflict of interest or disqualification. Requests based on conflict
			 of interest should be reviewed under the standards of
			 34 CFR
			 361.5(b)(25)(i)(F) and
			 section JR 2-106 of the Oregon Code of Judicial Conduct. If the Impartial
			 Hearing Officer removes himself or herself or is removed under OAR
			 582-020-0070(5), a new Impartial Hearing Officer will be chosen by rotation
			 from the pool unless the parties agree to a specific Impartial Hearing Officer
			 from the pool outside of the rotation.
(4) If the Impartial Hearing Officer denies a
			 request to withdraw under OAR 582-020-0070(3), he or she must advise the
			 parties in writing of the nature of the conflict and the rationale for the
			 decision not to remove himself or herself.
(5) The Impartial Hearing Officer's decision
			 not to remove himself or herself may be appealed immediately to the OVRS
			 Administrator, whose decision is final.
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  344.530(2)
				  & 344.590
Statutes/Other Implemented: ORS
				  183.310 -
				  183.550, 344.511 - 344.690 & 344.710 -
				  344.730
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 20 - DISPUTE RESOLUTION AND REVIEW OF DETERMINATIONS OF REHABILITATION SERVICES › Section 582-020-0075 - Program Representation during Impartial Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Program may be represented by an
			 Assistant Attorney General.
(2)
			 Subject to the approval of the Attorney General, an employee of the Program is
			 authorized to appear as the lay representative in hearings governed by OAR
			 chapter 582, division 020.
(3) A
			 Program representative may not make legal argument.
(a) Legal argument includes arguments on:
(A) The jurisdiction of the agency to hear
			 the contested case;
(B) The
			 constitutionality of a statute or rule or the application of a constitutional
			 requirement to the agency; and
(C)
			 The application of court precedent to the facts of the particular contested
			 case proceeding.
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 20 - DISPUTE RESOLUTION AND REVIEW OF DETERMINATIONS OF REHABILITATION SERVICES › Section 582-020-0080 - Evidence

Current through Register Vol. 63, No. 7, July 1, 2024
The client may review the OVRS case file and review the OVRS
				evidence before and during the hearing. However, materials protected under
				34 CFR
				361.38(c)(2) because of
				potential harm to the client may be withheld from clients representing
				themselves if these materials are not offered in evidence at the hearing. At
				the hearing, the client may examine the OVRS witnesses, call witnesses to
				testify, and introduce additional evidence.
Statutory/Other Authority: ORS
				  344.530(2)
				  & 344.590
Statutes/Other Implemented: ORS
				  183.310 -
				  183.550, 344.511 - 344.690 & 344.710 -
				  344.730
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 20 - DISPUTE RESOLUTION AND REVIEW OF DETERMINATIONS OF REHABILITATION SERVICES › Section 582-020-0085 - Prehearing Conferences

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior
			 to hearing, the Impartial Hearing Officer shall conduct at least one prehearing
			 conference to facilitate the conduct and resolution of the case, unless the
			 client and OVRS both agree that no such conference is desired.
(2) The purposes of a prehearing conference
			 may include, but are not limited to the following:
(a) To facilitate a decision on any requests
			 by OVRS to dismiss the hearing request if these have not been resolved prior to
			 the prehearing conference;
(b) To
			 facilitate discovery and to resolve disagreements about discovery;
(c) To identify, simplify and clarify
			 issues;
(d) To eliminate irrelevant
			 issues;
(e) To obtain stipulations
			 of fact;
(f) To provide to the
			 Impartial Hearing Officer and parties, in advance of the hearing, copies of all
			 documents intended to be offered as evidence at the hearing and the names of
			 all witnesses expected to testify;
(g) To authenticate documents;
(h) To decide the order of proof and other
			 procedural matters pertaining to the conduct of the hearing;
(i) To discuss the use of a collaborative
			 dispute resolution process in lieu of or preliminary to holding the contested
			 case hearing; and
(j) To discuss
			 settlement or other resolution or partial resolution of the case.
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 20 - DISPUTE RESOLUTION AND REVIEW OF DETERMINATIONS OF REHABILITATION SERVICES › Section 582-020-0090 - The Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The hearing
			 shall be held at a time consistent with OAR 582-020-0040(2)  and designated by
			 the Impartial Hearing Officer.
(2)
			 The hearing shall be held in a location that is accessible and convenient to
			 the client, and agreed to by the Impartial Hearing Officer, the client, and
			 OVRS.
Statutory/Other Authority: ORS
				  344.530(2)
				  & 344.590
Statutes/Other Implemented: ORS
				  183.310 -
				  183.550, 344.511 - 344.690 & 344.710 -
				  344.730
Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 20 - DISPUTE RESOLUTION AND REVIEW OF DETERMINATIONS OF REHABILITATION SERVICES › Section 582-020-0095 - Civil Action

Current through Register Vol. 63, No. 7, July 1, 2024
Any party who disagrees with the reviewing official's final
				order may bring a civil action with respect to the disputed action. The action
				may be brought in any state court of competent jurisdiction or in a district
				court of the United States of competent jurisdiction without regard to the
				amount in controversy.
Statutory/Other Authority: ORS
				  344.530  & 344.590
Statutes/Other Implemented: ORS
				  344.530,
				  ORS
				  344.540 &
				  344.590