reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 15 - BUSINESS ENTERPRISE PROGRAM RULES › Section 585-015-0035 - Dispute Resolution

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Dispute Resolution Process -
			 The dispute resolution process is a formal complaint process that
			 should be utilized when a vending facility manager, or licensee, is
			 unable to informally resolve their concerns. Multi-party complaints
			 are prohibited. The Director will attempt to resolve vending facility
			 manager, or licensee, concerns at the lowest possible level.
			 Complaints filed by a VFM, or licensee, must be concerning any
			 Business Enterprise Program action arising from the operation or
			 administration of the program.
(a)
			 Step 1, filing of a complaint: Except for the actions described in
			 Paragraph (3)(a)(B) below (intent to remove licensure), any vending
			 facility manager or licensee filling a complaint must file their
			 complaint in writing, using the Commission approved form;
(b) Step 2, documenting the
			 complaint: The complainant shall provide sufficient detail to fully
			 explain the concerns regarding actions arising from the operation or
			 administration of the Business Enterprise Program. The complainant
			 shall file the complaint no later than 60 days after the action
			 giving rise to the complaint or within 60 days of the date the
			 complainant knew or should reasonably have known of the
			 action;
(c) Step 3,
			 choice of process: The complainant may choose one of two options for
			 how their complaint will be addressed;
(A) Option 1, the complainant may
			 request an informal administrative review, as outlined in the
			 Administrative Review Process section or;
(B) Option 2, the complainant may
			 request a full evidentiary hearing. If the complainant selects this
			 option, the agency will send a hearing request, the completed
			 complaint form and any other evidence presented to the Oregon Office
			 of Administrative Hearings (OAH), within 45 days. OAH will conduct
			 the full evidentiary hearing.
(d) Step 4, submitting the
			 complaint: The complainant must submit their complaint to the
			 Director and indicate their choice of process.
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 15 - BUSINESS ENTERPRISE PROGRAM RULES › Section 585-015-0040 - Vending Machine Income from Federal Property

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Vending machine income from federal property which is retained by a
			 State Licensing Agency shall be used by such agency for the
			 establishment and maintenance of retirement or pension plans, for
			 health insurance contributions, and for the provision of paid sick
			 leave and vacation time for blind vendors in such State, if it is so
			 determined by a majority vote of blind vendors licensed by the State
			 licensing agency, after such agency has provided to each such vendor
			 information on all matters relevant to such purposes. Any vending
			 machine income not necessary for such purposes shall be used by the
			 State licensing agency for the maintenance and replacement of
			 equipment, the purchase of new equipment, management services, and
			 assuring a fair minimum return to vendors. Any assessment charged to
			 blind vendors by a State licensing agency shall be reduced pro rata
			 in an amount equal to the total of such remaining vending machine
			 income.
(2) In the event
			 the Agency receives income from vending machines on federal property
			 which may or may not be in direct competition with a licensed
			 manager, the Agency will be guided by
			 34
			 CFR §
									395.32 in distributing
			 any such funds to a licensed manager. Any funds not distributed to a
			 licensed manager shall be used by the Agency in accordance with
			 34
			 CFR §
									395.8 to pay for the
			 managers' benefits package.
(3) VENDING MACHINE INCOME FROM
			 STATE AND OTHER PROPERTY - In the event the Commission collects and
			 retains vending machine income from state and other properties that
			 is not in direct competition with a vending facility manager, the
			 funds shall be expended as described in OAR 346.
Statutes/Other Implemented:  34 CFR § 395  &
				  ORS
				  346.510  to
				  346.570
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 15 - BUSINESS ENTERPRISE PROGRAM RULES › Section 585-015-0045 - Statement of Full-Time Employment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Full-time employment for a
			 vending facility manager is considered to be an average minimum of
			 thirty (30) hours per week as represented by a vending facility
			 manager fulfilling the following responsibilities:
(a) Ensuring that the facility is
			 operated according to permit or contract;
(b) Daily contact with and
			 supervision of scheduled employees;
(c) Maintaining supervisory and
			 direct control of the subcontractor;
(d) Weekly contact with
			 subcontractors;
(e)
			 Weekly contact with teaming partners;
(f) Preparing and reporting
			 paperwork;
(g) Inventory
			 control and purchasing;
(h) Sales and profit and loss
			 reviews;
(i) Site visits
			 to inspect vending facility for quality, cleanliness, and proper
			 function of equipment;
(j) Travel;
(k) Stocking and servicing vending
			 machines;
(l) Cash
			 management;
(m)
			 Maintaining auxiliary equipment necessary for the operation of a
			 vending facility;
(n)
			 Upward mobility training in which the vending facility manager
			 participates;
(o)
			 Training of employees;
(p) Promoting, advertising, and
			 marketing;
(q) Contact
			 with the building manager and related committees; and
(r) Contact with Agency staff and
			 others.
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 15 - BUSINESS ENTERPRISE PROGRAM RULES › Section 585-015-0050 - Subcontracting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) CRITERIA FOR APPROVAL - It is
			 the intent of the Commission to fully support vending facility
			 managers in their direct operation of their assigned vending
			 facilities, and in compliance with the Statement of Full-Time
			 Employment. In the following limited circumstances, the Commission
			 may provide written approval for a vending facility manger to enter
			 into an agreement with an approved subcontractor.
(a) A vending facility manager must
			 meet the following criteria before the Commission will consider
			 approval of an agreement between a vending facility manager and an
			 approved subcontractor:
(A) The
			 vending facility manager meets minimum requirements of OAR
			 585-015-0045  vending facility manager statement of full-time
			 employment; and
(B) The
			 vending facility manager does not subcontract any of the duties in
			 OAR 585-015-0045  statement of full-time employment, excluding OAR
			 585-015-0045  item (1)(k), stocking and servicing vending
			 machines.
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 15 - BUSINESS ENTERPRISE PROGRAM RULES › Section 585-015-0055 - Fair Minimum Return

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Fair Minimum Return policy
			 is established to ensure that all vending facility managers earn at
			 least a minimum amount of annual income.
(2) The fair minimum return yearly
			 income rate will be established annually, with the active
			 participation of the BECC. To be determined eligible for the fair
			 minimum return, a vending facility manager must:
(a) Earn less than the fair minimum
			 return rate of annual net proceeds for cafeterias, snack bars,
			 convenience stores and self-operated vending routes; or
(b) Earn less than the fair minimum
			 return rate of gross income for sub-contracted facilities.
Eligible vending facility managers qualify for the
				fair minimum return when the following criteria are met:
(c) The vending facility
			 manager meets the minimum requirements of OAR 585-015-0045, vending
			 facility manager statement of full-time employment;
(d) Cafeterias, snack bars,
			 espresso carts for which the vending facility manager has operating
			 agreements have net earnings below the annual fair minimum return
			 amount and have a yearly average profit percentage of at least 15%;
(e) Subcontracted
			 vending routes that have gross earnings below the annual fair minimum
			 return level, and an annual average profit percentage of
			 25%;
(f) Self-operated
			 vending routes that have net earnings below the annual fair minimum
			 return level and an annual average profit percentage of at least
			 20%;
(g) Any additional
			 income received, not discussed above, from sub-contracting, or
			 teaming partners, would be added to the vending facility manager's
			 annual earnings at the total gross amount received, when calculating
			 the vending facility manager's annual average income; and
(h) The vending facility manager
			 owes no past due set-aside, has submitted all required monthly
			 set-aside reports and has a fully executed operating
			 agreement.
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 20 - EQUIPMENT POLICY › Section 585-020-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to these
				rules:
(1) "Client" means a
			 person who has applied for and been accepted for services under the
			 rules of Commission.
(2)
			 "Counselor" means the client's assigned vocational rehabilitation
			 counselor who is a staff member of Commission.
(3) "Equipment" means an item that
			 is determined necessary for the individual's employment
			 goal.
(4) "Commission"
			 means the Oregon Commission for the Blind.
(5) "Training" means preparation
			 needed to prepare, qualify, and reach an employment goal.
Statutory/Other Authority: ORS
				  346.150
Statutes/Other Implemented: ORS
				  346.110-300
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 20 - EQUIPMENT POLICY › Section 585-020-0015 - Conditions Under Which Equipment May Be Provided

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Vocational Training:
(a) A Commission staff member or
			 the client's counselor in consultation with the client will perform
			 an analysis prior to purchase of any equipment to identify the most
			 appropriate equipment needed to complete training to perform a
			 job.
(b) Available
			 equipment may be loaned or purchased for training.
(c) The client's counselor will
			 assist the client to obtain appropriate training in the use of
			 equipment.
(d) Commission
			 will fund the costs associated with training the client in the use of
			 equipment, if any.
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 20 - EQUIPMENT POLICY › Section 585-020-0020 - Financing Equipment

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Clients and their counselors will attempt to use all possible
			 financial resources to pay for job-related equipment before seeking
			 financial support from Commission. Potential resources may include:
(a) Employer purchases
			 equipment;
(b) Client
			 purchases equipment and lists it as a work-related expense under the
			 Supplemental Security Income (SSI) or Social Security Disability
			 Insurance (SSDI) programs;
(c) Client uses Social Security
			 Plan for Achieving Self Support (PASS) to purchase equipment;
			 or
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 20 - EQUIPMENT POLICY › Section 585-020-0025 - Maintenance of Equipment

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Commission may issue equipment for use by clients and provide for its
			 maintenance while Commission retains ownership of the
			 equipment.
(2) If
			 available, service or maintenance agreements may be considered when
			 appropriate, depending on the job environment and other related
			 factors. Counselors should look first to purchase equipment which has
			 at least a one-year warranty.
(3) Whenever available, used
			 equipment in Commission's inventory will be issued to
			 clients.
Statutory/Other Authority: ORS
				  346.150  & ORS
				  346.180
Statutes/Other Implemented: ORS
				  346.180
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 20 - EQUIPMENT POLICY › Section 585-020-0030 - Property Receipts and Transfer of Ownership

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Clients are required to sign
			 property receipts for equipment provided to them with a cost of $5000
			 or more. Receipts verify that the client received the item and spell
			 out the applicable conditions of these rules.
(2) When ownership of equipment and
			 software are transferred to a client, the client is required to sign
			 a transfer of ownership form. This verifies that equipment and
			 software have been assigned to the client and spells out the
			 applicable conditions of this policy.
Statutory/Other Authority: ORS
				  346.150  & ORS
				  346.180
Statutes/Other Implemented: ORS
				  346.180
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 20 - EQUIPMENT POLICY › Section 585-020-0035 - Responsibilities for Upgrading Equipment

Current through Register Vol. 63, No. 7, July 1, 2024
The client or their employer will be responsible for
				upgrading any equipment. If upgrading equipment is necessary for the
				client to perform in their job and it is determined that the
				financial resources of the client or their employer are insufficient
				to fund the costs associated with upgrading equipment, Commission may
				provide financial support for upgrading equipment. Commission should
				be considered the payor of last resort.
Statutory/Other Authority: ORS
				  346.150  & ORS
				  346.180
Statutes/Other Implemented: ORS
				  346.180
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 20 - EQUIPMENT POLICY › Section 585-020-0040 - Maintaining Equipment

Current through Register Vol. 63, No. 7, July 1, 2024
In cases where equipment is needed by a client or
				former client to maintain their job, the client's counselor will
				request that the employer provide the equipment as they would for any
				other employee. If the employer is unwilling or unable to provide the
				total equipment necessary to perform the job, and the client is
				unable to fund the cost of the equipment, Commission may provide the
				adaptive equipment necessary to maintain employment, subject to
				client eligibility and availability of agency funds for such
				purchases.
Statutory/Other Authority: ORS
				  346.150  & ORS
				  346.180
Statutes/Other Implemented: ORS
				  346.180
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 20 - EQUIPMENT POLICY › Section 585-020-0045 - Changing Jobs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a
			 client or former client changes from one job to another and needs
			 additional or different equipment from the previous job to perform
			 the new job, the counselor will assess the situation to determine
			 whether such equipment will be provided by the Commission and to
			 determine whether alternative options are available.
(2) If the job is in the same field
			 and equipment used on the original job will suffice for the new job,
			 the equipment may be transferred to the new job.
(3) If additional or different
			 equipment is needed, the counselor must assess the reasons for the
			 job change and the willingness of the new employer to provide
			 equipment.
Statutory/Other Authority: ORS
				  346.150  & ORS
				  346.180
Statutes/Other Implemented: ORS
				  346.180
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 20 - EQUIPMENT POLICY › Section 585-020-0050 - Considerations for Purchase of Computers or Computer Equipment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The agency will not buy the
			 basic computer if it is a part of the job, which other employees at
			 the same organization perform, unless it is impossible for the
			 adaptive equipment to access already existing equipment. The employer
			 is expected to provide the basic computer unit for an employee. The
			 agency may provide adaptive equipment to make the computer accessible
			 to the blind employee; i.e., hardware and software for large print,
			 Braille, or voice output, if the employer is unable to provide this
			 as a reasonable accommodation.
(2) Consultants with appropriate
			 experience and expertise may be utilized to advise the client,
			 agency, and employer in the best equipment for a particular
			 application. Consultants would also be appropriately used to install
			 a system and to train a client in the use of the equipment for a
			 particular job.
(3)
			 Computer equipment will not be purchased unless it is used as an
			 essential function of the job. Computers will not be purchased for
			 personal record keeping or to perform the minor functions of a job,
			 where other, less expensive, equipment could accomplish the same
			 task.
(4) Computers may
			 be purchased for students provided that purchasing the equipment is
			 not supplanting the responsibilities of the education system for
			 transition students.
Statutory/Other Authority: ORS
				  346.150  & ORS
				  346.180
Statutes/Other Implemented: ORS
				  346.180
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 20 - EQUIPMENT POLICY › Section 585-020-0060 - Transfer of Equipment to Clients

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For equipment valued at $5000 or more, the counselor has the
			 discretion of transferring ownership at successful closure of the
			 client's file or after at least one year of employment. This will be
			 done after it is determined that the client is using the equipment
			 for the purpose for which it was intended and that the job appears
			 stable. Once ownership is transferred to the client, Commission will
			 have no further obligation to repair or maintain the
			 equipment.
(2) Commission
			 may transfer items valued under $5,000 to clients at its discretion.
			 This may be done only after determining that the client is using the
			 equipment for the purpose for which it was intended.
(3) If the equipment is likely to
			 be usable for other clients after the current client no longer
			 requires it for employment, the counselor may determine that
			 Commission will retain ownership. This determination will be made on
			 an individual basis.
(4)
			 Title for computer software will be transferred to clients at the
			 time that they receive it.
(5) The client's counselor may,
			 subject to supervisor authorization, approve equipment to be
			 purchased by Commission that is valued at $5000 or more, including
			 all adaptive equipment to be used with the system. The counselor will
			 identify an appropriate vendor for the equipment and authorize the
			 purchase in accordance with state purchasing regulations.
(6) After ownership of the
			 equipment has been transferred to the client, the client will be
			 expected to continue appropriate maintenance, unless the client
			 demonstrates that the cost of repairs would be prohibitive and that
			 the job would be jeopardized if equipment were not repaired. The
			 counselor will explain these restrictions to the client verbally and
			 include the restrictions in the property receipt which the client
			 signs.
Statutory/Other Authority: ORS
				  346.150  & ORS
				  346.180
Statutes/Other Implemented: ORS
				  346.180
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 30 - Dispute Resolution › Section 585-030-0001 - Dispute Resolution Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is
			 the intent of the Oregon Commission for the Blind to resolve disputes
			 between the Commission and its clients quickly and fairly.
(2) Clients who are dissatisfied or
			 disagree with a decision, action, or lack of action by the Commission
			 that affects their vocational rehabilitation services or program
			 shall have available dispute resolution options, including informal
			 problem solving and formal mediation, prior to seeking an impartial
			 fair hearing conducted by an Administrative Law Judge (ALJ) appointed
			 by the Office of Administrative Hearings (OAH).
(3) The dispute resolution process
			 is framed by the procedures provided under
			 29
			 U.S.C. §
									722(c) and  34 C.F.R. §
									361.57, relevant state statutes and regulations, the
			 Oregon Administrative Procedures Act, the Attorney General's Model
			 Rules of Procedure for Contested Cases, and Commission's
			 administrative rules and policies.
Statutory/Other Authority: ORS
				  346.150,
				  ORS
				  183.502  & ORS
				  183.341
Statutes/Other Implemented: ORS
				  183.502
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 30 - Dispute Resolution › Section 585-030-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Action" means a decision by
			 the Commission to deny, terminate, suspend, or reduce a client's
			 eligibility or services. Action may include the Commission's delay in
			 making a decision to deny, terminate, suspend, or reduce a client's
			 eligibility or services.
(2) "ALJ" means Administrative Law
			 Judge.
(3) "Client" means
			 an applicant or individual eligible to receive services through the
			 Commission.
(4)
			 "Collaborative dispute resolution" means alternative methods to
			 resolving a dispute between a client and the Commission prior to a
			 final order issued by an ALJ following an impartial fair
			 hearing.
(5) "Counselor"
			 means the client's assigned vocational rehabilitation counselor who
			 is a staff member of the Commission.
(6) "Delay" means:
(a) Commission 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 an action and
			 the Commission has unreasonably delayed in making that
			 decision.
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 30 - Dispute Resolution › Section 585-030-0015 - Informal Problem Solving and Referral to Client Assistance Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Before a written Notice of Action is provided to the client, the
			 client may request to engage in informal problem-solving with their
			 vocational rehabilitation counselor to resolve a dispute regarding
			 the client's vocational rehabilitation services. For purposes of this
			 rule, a dispute that may be resolved through the problem-solving
			 process does not necessarily involve an action by Commission that
			 entitles the client to mediation or hearing rights. Commission may
			 include a supervisor or other assigned Commission employee in the
			 meeting to resolve the issue.
(2) The client may have a
			 representative or support person present during the problem-solving
			 discussions. Commission shall inform the client that they may seek
			 assistance from the Client Assistance Program of Disability Rights of
			 Oregon or other advocate during the problem-solving
			 process.
(3)
			 Problem-solving is voluntary and both parties must agree to
			 participate in the process. Commission 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 issuance of a Notice of Action by Commission or
			 before the client requests mediation or a hearing. 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.
(5) If the
			 client and Commission are unable to resolve the dispute during the
			 problem-solving process, the client retains the right to pursue any
			 other dispute resolution options available to the client under these
			 rules, subject to applicable legal timeframes.
Statutory/Other Authority: ORS
				  346.150  & ORS
				  183.502
Statutes/Other Implemented: ORS
				  183.502
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 30 - Dispute Resolution › Section 585-030-0020 - Notice of Action and Notice of Procedural Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Commission shall provide the
			 client with a written Notice of Action when it makes a decision to
			 deny, terminate, or suspend a client's eligibility or
			 services.
(2) The Notice
			 of Action must include the following:
(a) The date the notice is
			 delivered to the client, if in person, otherwise the date the notice
			 is mailed;
(b) The
			 information provided in the Notice of Dispute Resolution
			 Rights;
(c) A statement
			 of the agency's authority and jurisdiction to have a hearing held on
			 the matters asserted or charged, including reference to relevant
			 state law and regulations and any applicable provisions under federal
			 law as set out in
			 29
			 U.S.C. §
										722 and  34 C.F.R. §
										361.57;
(d)
			 Either:
(A) A statement of the
			 procedure and time to request a hearing, the agency address to which
			 a hearing request should be sent, and a statement that if a request
			 for hearing is not received by the agency within the time stated in
			 the notice the person will have waived the right to a hearing;
			 or
(B) A statement of the
			 time and place of the hearing.
(e) A short and plain statement
			 about the action Commission 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 585 - COMMISSION FOR THE BLIND › Division 30 - Dispute Resolution › Section 585-030-0025 - Notice of Dispute Resolution Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An applicant or a person eligible for vocational rehabilitation
			 services under ORS 346 may, after receiving a Notice of Action,
			 request review of an action taken by Commission that affects the
			 provision of vocational rehabilitation services to the individual.
			 The review shall consist of the right to formal mediation and/or the
			 right to an impartial fair hearing.
(2) Commission 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 individualized
			 plan for employment (IPE) is developed; and
(c) Whenever vocational
			 rehabilitation services are reduced, suspended, denied or
			 terminated.
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 30 - Dispute Resolution › Section 585-030-0030 - Request for Formal Mediation or Impartial Fair Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A client who is dissatisfied
			 with an action taken by Commission that affects their rights to, or
			 eligibility for vocational rehabilitation services, may, after
			 receiving a Notice of Action, request to participate in collaborative
			 dispute resolution as set forth in OAR 137-003-0565. Collaborative
			 dispute resolution shall consist of formal mediation. A client may
			 also request an impartial fair hearing.
(2) To be timely, a request for
			 mediation or hearing shall be received by Commission's Director of
			 Rehabilitation Services within 60 calendar days following the date of
			 the Notice of Action, except as otherwise provided in this
			 rule.
(3) The client's
			 hearing request is also considered timely if Commission's Director of
			 Rehabilitation Services:
(a)
			 Receives a timely request for mediation under section (2) of this
			 rule; and
(b) Receives a
			 completed request for hearing within 60 calendar days following the
			 date of Commission's written notice that it has either declined to
			 participate in formal mediation or that the formal mediation process
			 has ended.
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 30 - Dispute Resolution › Section 585-030-0035 - Continuation of Services

Current through Register Vol. 63, No. 7, July 1, 2024
Commission may not suspend, reduce, or terminate
				vocational rehabilitation services being provided to a client,
				including evaluation and assessment services and IPE development,
				pending problem-solving discussions, a resolution through formal
				mediation, or a decision by the ALJ, unless:
(1) The client or client's
			 representative requests suspension, reduction, or termination of
			 services pending the outcome of dispute resolution process;
			 or
(2) Commission 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
				  346.150,
				  ORS
				  183.341  & ORS
				  183.502
Statutes/Other Implemented: ORS
				  183.341  & ORS
				  183.502
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 30 - Dispute Resolution › Section 585-030-0040 - Formal Mediation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 Commission issues a Notice of Action, Commission and the affected
			 client may agree to participate in formal mediation to resolve any
			 issues relevant to the notice. Neither the party's request, nor any
			 agreement by Commission to participate in mediation extends the
			 period for filing a timely request for an impartial fair
			 hearing.
(2)
			 Participation in the mediation process is voluntary. Both the client
			 and the client's counselor or Commission employee directly involved
			 in the dispute must be willing to participate in the mediation
			 process before Commission can schedule a formal mediation.
(a) If Commission declines to
			 participate following a request for mediation, Commission 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.
(b) If Commission agrees to
			 participate in mediation, Commission may establish a deadline for the
			 conclusion of the process.
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 30 - Dispute Resolution › Section 585-030-0045 - Confidentiality and Inadmissibility of Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				36.224,
				Commission adopts by reference the Attorney General's model rule on
				Mediation Confidentiality set forth in OAR 137-005-0052.
Statutory/Other Authority: ORS
				  346.150  & ORS
				  36.224(4)
Statutes/Other Implemented: ORS
				  36.224
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 30 - Dispute Resolution › Section 585-030-0050 - Impartial Fair Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the procedures set forth in the
				Attorney General's Model Rules of Procedure for Contested Cases, and
				the procedures set forth in
				29 USC
				§
									722(c) and
				 34 C.F.R. §
									361.57, the following shall apply to impartial fair
				hearings:
(1) Commission
			 shall refer a completed and timely request for impartial fair
			 hearing, as described in OAR 585-025-0030, to OAH.
(2) The hearing shall be held at a
			 time consistent with OAR 585-025-0030.
(3) The hearing shall be held in a
			 location that is convenient and accessible, as agreed to by the
			 client and Commission.
(4) Hearings shall be conducted in
			 person, unless agreed to by the client and Commission.
(5) The parties shall have the
			 opportunity to submit documentary evidence, to testify, and to call
			 and cross-examine witnesses.
(6) On reviewing the evidence
			 presented, the ALJ shall:
(a) Issue
			 a written decision based on relevant state and federal statutes and
			 regulations, and Commission's rules; and
(b) Provide the written decision to
			 the client, or, as appropriate, the client's representative, and to
			 Commission.
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 30 - Dispute Resolution › Section 585-030-0055 - Payment of Legal Fees and Transportation Costs

Current through Register Vol. 63, No. 7, July 1, 2024
Commission will not pay for attorney's fees or
				transportation costs for an applicant for vocational rehabilitation
				services or for a client receiving vocational rehabilitation services
				in connection with formal mediation or fair hearing
				proceeding.
Statutory/Other Authority: ORS
				  346.150
Statutes/Other Implemented: ORS
				  346.150
Oregon Administrative Rules › Chapter 586 - OREGON DEPARTMENT OF EDUCATION, FAIR DISMISSAL APPEALS BOARD › Division 1 - PROCEDURAL RULES › Section 586-001-0000 - Giving Reasonable Notice to Interested Persons on any Proposal by the Fair Dismissal Appeals Board to Adopt, Amend, or Repeal any Rule

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to the adoption, amendment, or repeal of any rule, other
				than a temporary rule which shall be adopted in accordance with ORS
				183.335(5) the
				Fair Dismissal Appeals Board shall give notice of the proposed adoption,
				amendment, or repeal:
(1) In the
			 Secretary of State's Bulletin referred to in ORS
			 183.360 at least 15 days prior
			 to the effective date of the intended action.
(2) By mailing a copy of the notice to
			 persons on the Fair Dismissal Appeals Board's mailing list established pursuant
			 to ORS 183.335(7).
(3) By mailing or furnishing a copy of the
			 notice to the following persons, organizations, or publications:
(a) Associated Press;
(b) Confederation of Oregon School
			 Administrators;
(c) Oregon
			 Education Association;
(d) Oregon
			 Federation of Teachers;
(e) Oregon
			 School Board's Association;
(f)
			 Teacher Standards and Practices Commission.
Oregon Administrative Rules › Chapter 586 - OREGON DEPARTMENT OF EDUCATION, FAIR DISMISSAL APPEALS BOARD › Division 1 - PROCEDURAL RULES › Section 586-001-0005 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				183.341(2), the
				Board adopts the Attorney General's Uniform and Model Rules of Procedure under
				the Administrative Procedures Act, as amended subsequent to the 1991 session of
				the Legislative Assembly, except those rules pertaining to contested
				cases.
The full text of the Attorney General's Model Rules of
				  Procedure is available from the office of the Attorney General or the Fair
				  Dismissal Appeals Board.
Stat. Auth.: ORS 183 & ORS
				  342.805 - ORS
				  342.934
Stats. Implemented:
Oregon Administrative Rules › Chapter 586 - OREGON DEPARTMENT OF EDUCATION, FAIR DISMISSAL APPEALS BOARD › Division 10 - POLICY › Section 586-010-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to implement and give effect to
				the provisions of state law and to facilitate the organization and operation of
				the Fair Dismissal Appeals Board.
Stat. Auth.: ORS 183
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 586 - OREGON DEPARTMENT OF EDUCATION, FAIR DISMISSAL APPEALS BOARD › Division 10 - POLICY › Section 586-010-0010 - Membership

Current through Register Vol. 63, No. 7, July 1, 2024
Members shall be appointed by the Governor, as provided in ORS
				342.930.
Stat. Auth.: ORS 342
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 586 - OREGON DEPARTMENT OF EDUCATION, FAIR DISMISSAL APPEALS BOARD › Division 10 - POLICY › Section 586-010-0015 - Officers

Current through Register Vol. 63, No. 7, July 1, 2024
The officers of the Board shall be chairperson and
				vice-chairperson:
(1) The
			 vice-chairperson succeeds to the chairperson.
(2) The vice-chairperson position shall
			 rotate each year in the order of teacher, board member, non-affiliated member,
			 and administrator.
(3) Each year
			 the vice-chairperson shall be nominated by a chairperson-appointed three member
			 nominating committee made up of Board members from the members not eligible to
			 serve that year.
(4) The
			 vice-chairperson shall be elected at the annual October meeting by a simple
			 majority of the members present and voting. The term of office shall be from
			 the annual October meeting to the next October annual meeting.
(5) New officers shall be installed at the
			 close of the annual meeting at which they were elected.
Stat. Auth.: ORS
				  342.805 -
				  342.934
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 586 - OREGON DEPARTMENT OF EDUCATION, FAIR DISMISSAL APPEALS BOARD › Division 10 - POLICY › Section 586-010-0020 - Board Chairperson

Current through Register Vol. 63, No. 7, July 1, 2024
The Board chairperson shall be eligible to vote on all
				motions.
Stat. Auth.: ORS 183 &
				  342.805 -
				  342.934
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 586 - OREGON DEPARTMENT OF EDUCATION, FAIR DISMISSAL APPEALS BOARD › Division 10 - POLICY › Section 586-010-0025 - Board Meetings

Current through Register Vol. 63, No. 7, July 1, 2024
The Board shall hold public meetings at such times and places
				as are specified by the chairperson, or at the request of five members of the
				Board. Seventy-two hour notice of the time and place of each meeting shall be
				given to each member and the general public. Notice to the general public shall
				be made by telephone to the Associated Press at least 48 hours prior to the
				meeting of the Board. A majority of the members of the Board shall constitute a
				quorum for doing business. The notice shall state if the meeting is to be held
				by telephone or other means of voice transmission and a location where members
				of the public may listen to the meeting.
Stat. Auth.: ORS 183 &
				  342.805 - 342.93
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 586 - OREGON DEPARTMENT OF EDUCATION, FAIR DISMISSAL APPEALS BOARD › Division 10 - POLICY › Section 586-010-0030 - Annual Meetings

Current through Register Vol. 63, No. 7, July 1, 2024
The Board shall hold one regular meeting each year, in
				October.
Statutory/Other Authority: ORS 183 & 342.805 -
				  342.934
Oregon Administrative Rules › Chapter 586 - OREGON DEPARTMENT OF EDUCATION, FAIR DISMISSAL APPEALS BOARD › Division 10 - POLICY › Section 586-010-0035 - Record of Meetings

Current through Register Vol. 63, No. 7, July 1, 2024
The minutes of all meetings and proceedings of the Board shall
				be prepared and maintained by the executive secretary and shall be approved by
				the Board. Minutes of the Board shall be available for inspection by any person
				at the office of the executive secretary during regular business hours. Copies
				may be obtained upon written request to the executive
				secretary.
Stat. Auth.: ORS 183
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 586 - OREGON DEPARTMENT OF EDUCATION, FAIR DISMISSAL APPEALS BOARD › Division 10 - POLICY › Section 586-010-0040 - Official Records

Current through Register Vol. 63, No. 7, July 1, 2024
The official records of the Fair Dismissal Appeals Board shall
				be maintained in the office of the executive secretary. The executive secretary
				shall be the custodian of records.
Stat. Auth.: ORS 183
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 586 - OREGON DEPARTMENT OF EDUCATION, FAIR DISMISSAL APPEALS BOARD › Division 10 - POLICY › Section 586-010-0045 - Executive Secretary

Current through Register Vol. 63, No. 7, July 1, 2024
The Superintendent of Public Instruction shall appoint an
				executive secretary from the staff of the State Department of Education who
				will serve as administrative officer. The executive secretary shall serve at
				the pleasure of the Board.
Stat. Auth.: ORS 183 &
				  342.805 -
				  342.934
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 586 - OREGON DEPARTMENT OF EDUCATION, FAIR DISMISSAL APPEALS BOARD › Division 10 - POLICY › Section 586-010-0050 - Adoption and Amendment of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
Board rules shall be adopted and amended in conformance with
				provisions of ORS Chapter 183.
Stat. Auth.: ORS 183
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 586 - OREGON DEPARTMENT OF EDUCATION, FAIR DISMISSAL APPEALS BOARD › Division 10 - POLICY › Section 586-010-0055 - Parliamentary Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
Roberts Rules of Order shall be the parliamentary procedure for
				the conduct of all meetings of the Board except as amended by these
				policies.
Stat. Auth.: ORS 342
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 586 - OREGON DEPARTMENT OF EDUCATION, FAIR DISMISSAL APPEALS BOARD › Division 10 - POLICY › Section 586-010-0060 - Compensation and Expenses of Board

Current through Register Vol. 63, No. 7, July 1, 2024
Members shall be entitled to compensation and travel expenses
				as provided in ORS 292.495 in the performance of
				their duties pursuant to the Fair Dismissal Law. Such expenses shall be paid
				upon submission of signed vouchers furnished by the State Department of
				Education and shall be billed to the appropriate district school board or the
				State Department of Education as provided in ORS
				292.495 or
				342.930(5).
Stat. Auth.: ORS
				  342.805 -
				  342.934
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 586 - OREGON DEPARTMENT OF EDUCATION, FAIR DISMISSAL APPEALS BOARD › Division 10 - POLICY › Section 586-010-0065 - Expenses for Professional and Other Special Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
The Board shall be furnished by the State Department of
				Education at the Department's expense appropriate professional and other
				special assistance reasonably required in the performance of the Board's
				duties.
Stat. Auth.: ORS
				  342.805 -
				  342.934
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 586 - OREGON DEPARTMENT OF EDUCATION, FAIR DISMISSAL APPEALS BOARD › Division 10 - POLICY › Section 586-010-0070 - Fair Dismissal Appeals Board Case Digest, Completion, and Distribution

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Board's case record for every case filed under the Fair Dismissal Law and
			 Accountability to Schools for the 21st Century Law, shall include the notice of
			 appeal, every order and ruling issued in the case by the panel appointed for
			 the case and a copy of every appellate court decision issued upon judicial
			 review of any order in the case.
(2) The Executive Secretary shall furnish to
			 each new board member, within 30 days after Senate confirmation, a cumulative
			 list of appeals to the Board since enactment of the Fair Dismissal Law and
			 Accountability to Schools for the 21st Century Law showing the name of each
			 case, the docket number of the case and the date the appeal was filed; a copy
			 of all orders issued in each case; and a copy of all appellate court decisions
			 issued upon judicial review of any order in a case. An up-to-date cumulative
			 list of appeals shall be prepared annually by the Executive Secretary and
			 furnished to each member of the Board. A copy of every newly issued order or
			 appellate court decision issued in any case filed with the board shall be
			 furnished to each member of the board. A copy of every newly issued order or
			 appellate court decision issued in any case filed with the Board shall be
			 furnished by the Executive Secretary to each member of the Board within 30 days
			 after issuance of the order or decision.
(3) The Executive Secretary shall compile and
			 distribute to each Board member at least annually annotations, digests or
			 synopses of decisions in Board cases to assist panels in adjudication of cases
			 heard by them.
Stat. Auth.: ORS 183 & 342
Stats. Implemented: ORS 864, OL
				  1997
Oregon Administrative Rules › Chapter 586 - OREGON DEPARTMENT OF EDUCATION, FAIR DISMISSAL APPEALS BOARD › Division 30 - CONDUCT OF HEARINGS › Section 586-030-0015 - Notice of Appeal, Scheduling Hearings and Legal Representation for Panels

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When an appeal is filed a notice shall be
			 sent by the Executive Secretary by certified mail and, if practicable,
			 electronically to the parties or their legal representative. The notice shall
			 include:
(a) A statement of the authority
			 under which the hearing is to be held;
(b) A reference to the particular sections of
			 the statutes and rules cited in the appeal;
(c) A short and plain statement of the
			 matters asserted or charged in the appeal;
(d) A statement that the parties may be
			 represented by counsel at the hearing; and
(e) A statement that each party will be given
			 information on the procedures, right of representation and other rights of
			 parties relating to the conduct of the hearing as required under ORS 183.413(2)
			 prior to the hearing.
Oregon Administrative Rules › Chapter 586 - OREGON DEPARTMENT OF EDUCATION, FAIR DISMISSAL APPEALS BOARD › Division 30 - CONDUCT OF HEARINGS › Section 586-030-0025 - Preliminary Matters

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Preliminary motions challenging the Board's jurisdiction or requesting
			 dismissal of the appeal without a hearing shall be filed with the Executive
			 Secretary at the earliest possible time. A briefing schedule shall be
			 established. The panel may schedule a limited evidentiary hearing and/or oral
			 argument by phone or in person and shall provide the parties with a ruling on
			 the motion at the earliest practicable time. If the motion is denied or
			 deferred, then the hearing process shall continue.
(2) All other preliminary motions shall be
			 filed with the Executive Secretary. The panel will determine whether to rule on
			 the matter prior to commencement of the hearing on the merits. Parties may also
			 request advance rulings.
(3) The
			 Executive Secretary or panel legal counsel may direct the parties to respond to
			 inquiries related to any motion or to submit affidavits with or in response to
			 any motion in order to determine if factual issues raised by the motion are not
			 in dispute. The parties may be requested to waive objection to hearing dates
			 beyond the statutory timeframe depending on the factual and legal complexity of
			 the issues being raised.
Stat. Auth.: ORS 183 & ORS 342
Stats. Implemented: ORS 864, OL 2001