reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 584 - TEACHER STANDARDS AND PRACTICES COMMISSION › Division 435 - STATE STANDARDS FOR PERSONNEL SERVICE PREPARATION PROGRAMS › Section 584-435-0100 - School Counselor Program Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose of the Program: To prepare
			 candidates for the School Counselor License. Candidates who are preparing to
			 work as school counselors will demonstrate the professional knowledge, skills,
			 cultural competencies and professional dispositions necessary to promote the
			 academic, career, and social and emotional development of all pre-K-12
			 students.
(2) Candidate
			 requirements: Candidates seeking the School Counseling License shall:
(a) Obtain a master's or higher degree in
			 counseling, education, or related behavior sciences from an Approved
			 institution in the United States, or the foreign equivalent of such degree
			 approved by the Commission and a bachelor's degree. A master's degree or a
			 doctoral degree from an Approved institution in the United States validates a
			 nonaccredited bachelor's degree. Candidates must submit official transcripts
			 showing degree conferral.
(b)
			 Successfully complete 700 total hours of field experience (practicum +
			 internship), including:
(A) 100 hours of
			 counseling practicum experience in a setting serving children, adolescents, or
			 families and
(B) 600 hours of
			 counseling internship in a school setting.
(C) 50 total hours of field experience must
			 come from classroom-based counseling interventions in a school setting,
			 including curriculum, instruction, and assessment. These hours may be direct or
			 indirect, or from practicum or internship, or a combination.
(c) Demonstrate competence in all
			 eight core areas of the Counseling Candidate Core Knowledge Standards, as
			 evidenced by:
(A) University and site
			 supervisor final evaluations that reflect that the candidate has met standards
			 in all eight core areas;
(B)
			 Satisfactory levels in all key program assessments;
(C) Successful completion of all program
			 coursework;
(D) Meeting standards
			 in all evaluations of professional dispositions for school counseling;
			 and
(E) A professional portfolio
			 curated and assembled by the candidate, providing work samples and other
			 evidence of having met expectations in each of the eight core areas of the
			 School Counseling Professional Standards.
Note: The following standards refer to the 2016 CACREP
				Standards through a cross-match by alternate lettering.
Oregon Administrative Rules › Chapter 584 - TEACHER STANDARDS AND PRACTICES COMMISSION › Division 435 - STATE STANDARDS FOR PERSONNEL SERVICE PREPARATION PROGRAMS › Section 584-435-0200 - School Psychologist License: Program Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose of the Program: To prepare
			 candidates for the School Psychologist License. Program completers must
			 demonstrate the knowledge, skills, professional dispositions, and cultural
			 competencies necessary to promote the academic, career, personal, and social
			 development of pre-kindergarten to grade 12 students.
Note: The standards below have been taken from the Professional
				Standards of the National Association of School Psychologists, 2020
				edition.
(2) Candidate
			 Requirements:
(a) Obtain a master's or higher
			 degree in counseling, education, or related behavior sciences from an Approved
			 institution in the United States, or the foreign equivalent of such degree
			 approved by the Commission and a bachelor's degree. A master's degree or a
			 doctoral degree from an Approved institution in the United States validates a
			 nonaccredited bachelor's degree. Candidates must submit official transcripts
			 showing degree conferral; or
(b)
			 Complete a Commission-approved specialist-level program or equivalent of study
			 in school psychology (e.g., EdS, SSP, CAS, CAGS, PsyS) consisting of the
			 following:
(A) A minimum of 3 years of
			 full-time student at the graduate level, or the equivalent inclusive of
			 structured field experiences;
(B)
			 At least 60 graduate semester hours or the equivalent, with at least 54 hours
			 exclusive of credit for the supervised specialist-level internship experience;
			 and
(C) A supervised internship
			 experience taken for academic credit with a minimum of 1,200 clock hours,
			 including a minimum of 600 hours in a school setting and completed across 1
			 academic year on a full-time basis or 2 consecutive academic years on a
			 half-time basis.
Oregon Administrative Rules › Chapter 584 - TEACHER STANDARDS AND PRACTICES COMMISSION › Division 435 - STATE STANDARDS FOR PERSONNEL SERVICE PREPARATION PROGRAMS › Section 584-435-0300 - School Social Worker License: Program Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose of the Program: To prepare
			 candidates for the School Social Worker License. Candidates who complete the
			 program are interdisciplinary leaders who have the knowledge, skill, ability,
			 and cultural competence to develop and deliver school social worker services
			 that demonstrate continuous improvement, and advance the mission of the
			 school.
(2) Program Requirements: To
			 receive state recognition of a School Social Worker License Program, the
			 program shall ensure program completers have obtained:
(a) A master's degree in social work.
			 Candidates must submit official transcripts showing degree conferral.
(b) Successful completion of 800 hours of
			 field experience, including:
(A) 400 hours of
			 practicum experience in a school setting; and
(B) 400 hours of counseling practicum
			 experience in a setting serving children, adolescents, or families.
(c) Advanced graduate-level
			 training in school social work or equivalent, including:
(A) School Social Work practice;
(B) Oregon and U.S. school law; and
(C) Advanced practice with children, youth,
			 and families.
(d)
			 Demonstrated competence in the nine core competencies of Social Work practices,
			 as evidenced by:
(A) A completed final field
			 evaluation completed by university and field instructor indicating that the
			 candidate has met standards in all nine core competencies delineated in the
			 2015 Educational Policy and Accreditation Standards published by the Council on
			 Social Work Education. Each competency describes the knowledge, values, skills,
			 and cognitive and affective processes that comprise the competency at the
			 generalist level of practice, followed by a set of behaviors that integrate
			 these components;
(B) Candidate has
			 completed and passed all key program assessments;
(C) Successful completion of all program
			 coursework; and
(D) A
			 candidate-curated and assembled professional portfolio, providing work samples
			 and other evidence of having met expectations in each of the 11 Social Work
			 Program Standards.
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 1 - PROCEDURAL RULES › Section 585-001-0000 - Procedure for Notification of Proposed Action

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to the adoption, amendment, or repeal of any
				rule, Commission shall give notice of the proposed action as
				follows:
(1) By publication
			 in the Secretary of State's Bulletin referred to in ORS
			 183.360 at least 21 days prior to effective date of the proposed
			 action;
(2) By mailing or
			 e-mailing a copy of the notice of proposed action to persons on
			 Commission's mailing list established pursuant to ORS
			 183.335(8)
			 at least 28 days before the effective date of the proposed
			 action;
(3) By mailing or
			 e-mailing a copy of the notice to the legislators specified in ORS
			 183.335(15)
			 at least 49 days before the effective date of the proposed action;
			 and
(4) By mailing or
			 e-mailing, or furnishing a copy of the notice to the following
			 organizations or publications at least 21 days prior to effective
			 date of the proposed action:
(a)
			 The American Council of the Blind of Oregon
(b) The National Federation of the
			 Blind of Oregon;
(c)
			 United Press International; and
(d) Associated
			 Press.
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 1 - PROCEDURAL RULES › Section 585-001-0005 - Rules of Practice and Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
The Attorney General's Model Rules of Procedure for
				Contested Cases filed with the Secretary of State are adopted as the
				rules of practice and procedure of Commission. In addition to the
				Model Rules, the rules of procedure in Oregon Administrative Rules
				Chapter 585, Division 25 shall apply.
The full text of the Attorney General's Model Rules
				  of Procedure is available from the office of the Attorney General or
				  the Commission for the Blind.
Statutory/Other Authority: ORS
				  346.150  & ORS
				  183.341
Statutes/Other Implemented: ORS
				  183
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 1 - PROCEDURAL RULES › Section 585-001-0006 - 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 an administrative review, formal mediation or fair
				hearing proceeding.
Statutory/Other Authority: ORS
				  346.150
Statutes/Other Implemented: ORS
				  346.150
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 1 - PROCEDURAL RULES › Section 585-001-0007 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions shall apply to all Oregon
				Administrative Rules contained in OAR Chapter 585, Division 1, unless
				the context requires otherwise:
(1) "Custodian" refers to a public
			 body mandated, directly or indirectly, to create, maintain, care for
			 or control a public record. "Custodian" does not include a public
			 body that has custody of a public record as an agent of another
			 public body that is the custodian, unless the public record is not
			 otherwise available.
(2)
			 "Designee" refers to any officer or employee of Commission appointed
			 by the Executive Director to respond to requests for public records
			 of Commission.
(3)
			 "Executive Director" refers to the Executive Director of
			 Commission.
(4)
			 "Duplication" or "Duplicating" refers to the process of reproducing a
			 public record or writing in any format.
(5) "Commission" refers to the
			 Oregon Commission for the Blind.
(6) "Person" includes any natural
			 person, corporation, partnership, firm or association.
(7) "Photocopy(ing)" includes a
			 photograph, microphotograph and any other reproduction on paper or
			 film in any scale, or the process of reproducing, in the form of a
			 photocopy, a public record or writing.
(8) "Public body" includes every
			 state officer, agency, department, division, bureau, board and
			 commission; every county and city governing body, school district,
			 municipal corporation, and any board, department, commission,
			 council, or agency thereof; and any other public agency of this
			 state.
(9) "Public record
			 or writing" includes a document, book, paper, photograph, file, sound
			 recording, machine readable electronic record or other material
			 regardless of physical form or characteristics, made, received, filed
			 or recorded in pursuance of law or in connection with the transaction
			 of public business, whether or not confidential or restricted in
			 use.
(10) "Requestor"
			 refers to the person requesting inspection, copies, or other
			 reproduction of a public record of Commission.
Statutory/Other Authority: ORS
				  346.150
Statutes/Other Implemented: ORS
				  346.110-346.270  & ORS
				  192.311-192.478
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 1 - PROCEDURAL RULES › Section 585-001-0008 - Request to Inspect or Obtain Copies of Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A request to inspect or obtain
			 copies of a public record of Commission shall be made in writing and
			 submitted to the "Custodian of Records" at Commission's central
			 office located at: 535 SE 12th, Portland 97214. The request shall
			 include the following information:
(a) The name, address and telephone
			 number and e-mail address of the requestor;
(b) Identification of the records
			 from which information is requested, if known.
(c) The time period the records
			 were produced and officials involved in producing the records or
			 other relevant information, if known;
(d) The format in which the
			 information is needed (i.e. photocopies, machine readable, or
			 electronic format, etc.);
(e) The number of copies needed, if
			 copies are requested; and
(f) Instruction to Commission to
			 certify copies, if necessary.
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 1 - PROCEDURAL RULES › Section 585-001-0010 - Violence-Free Workplace Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is
			 the policy of Commission to provide and maintain a workplace and
			 facilities open to the public that are free from violence and the
			 threat of violence. Violence in any form will not be
			 tolerated.
(2) This
			 policy prohibits violence, which is behavior that to a reasonable
			 person is intimidating, hostile, threatening, violent or abusive.
			 Such behavior may include:
(a)
			 Threats and threatening behavior such as physical, verbal, or written
			 acts that express or are reasonably perceived to imply intent to
			 cause physical or psychological harm against a person or persons, or
			 cause damage to property;
(b) Statements, gestures, or
			 expressions that communicate a direct or indirect threat of physical
			 or psychological harm;
(c) Violent behavior such as
			 carrying out threats or threatening behavior.
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 1 - PROCEDURAL RULES › Section 585-001-0011 - Fees for Public Records and Other Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Commission shall establish a
			 fee schedule and assess fees for fulfilling requests for public
			 records that are reasonably calculated to reimburse Commission for
			 its actual cost of making public records available, including costs
			 for per page copy and facsimile fees, postage when applicable, staff
			 time to locate, review, remove information exempt from disclosure,
			 and/or transfer the material to a requested electronic or other
			 necessary format appropriate for releasing the public
			 record(s).
(2) If
			 Commission can fulfill a request for records using less than 30
			 minutes of staff time, Commission will not charge the requester for
			 that time.
(3) No
			 additional fee will be charged for providing records in an
			 alternative format when required by the Americans with Disabilities
			 Act.
(4) The Executive
			 Director or designee may reduce or waive fees or other charges under
			 this rule if the Executive Director or designee determines that:
(a) Time spent making the records
			 available for inspection or preparation for photocopying was
			 negligible;
(b) Supplying
			 the requested records is within the normal scope of a Commission
			 activity;
(c) Payment
			 would cause extreme or undue financial hardship upon the requestor;
			 or
(d) Making the record
			 available primarily benefits the general public.
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 1 - PROCEDURAL RULES › Section 585-001-0015

Current through Register Vol. 63, No. 7, July 1, 2024
Forms referenced are available from the
				  agency.
Stat. Auth.: ORS
				  36.224
Stats. Implemented: ORS
				  36.224,
				  36.228,
				  36.230,
				  36.232
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 5 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 585-005-0015 - Statement of Purpose and Statutory Authority

Current through Register Vol. 63, No. 7, July 1, 2024
These rules govern the Oregon Commission for the Blind's (OCB)
				acquisition of information about a subject individual's criminal history
				through criminal records checks or other means and its use of that information
				to determine whether the subject individual is fit to provide services to OCB
				as an employee, volunteer, or contractor. The fact that OCB approves a subject
				individual as fit does not guarantee the individual a position as an OCB
				employee, volunteer, or contractor.
Statutory/Other Authority: ORS 346-300 & ORS
				  181A.195
Statutes/Other Implemented: ORS 346-300 & ORS
				  181A.195
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 5 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 585-005-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR Chapter 585, Division 5, unless the
				context of the rule requires otherwise, the following definitions
				apply:
(1) "Approved" means
			 that, pursuant to a preliminary or final fitness determination, the
			 Executive Director or authorized designee has determined that the
			 subject individual is fit to be an employee, volunteer, or
			 contractor.
(2)
			 "Authorized Designee" means a Commission employee authorized to
			 obtain and review criminal offender information and other relevant
			 information about a subject individual through criminal records
			 checks, and to conduct a fitness determination in accordance with
			 these rules.
(3)
			 "Conviction" or "Convicted of" means that a court of law has entered
			 a final judgment on a verdict or a finding of guilty, a plea of
			 guilty, or a plea of nolo contendere (no contest) against a subject
			 individual in a criminal case, unless that judgment has been reversed
			 or set aside by a subsequent court decision.
(4) "Criminal Offender Information"
			 means records and related data as to physical description and vital
			 statistics, fingerprints received and compiled by the Oregon
			 Department of State Police (OSP) for purposes of identifying criminal
			 offenders and alleged offenders, records of arrests and the nature
			 and disposition of criminal charges, including conviction, pleas,
			 sentencing, confinement, probation, parole, and release.
(5) "Crime Relevant to a Fitness
			 Determination" means a crime listed or described in OAR
			 585-005-0050.
(6)
			 "Criminal Records Check and Fitness Determination Rules" or "These
			 Rules" means OAR Chapter 585, Division 5.
(7) "Criminal Records Check" means
			 one or more of the following three processes undertaken to check the
			 criminal history of a subject individual:
(a) A name-based check of criminal
			 offender information and motor vehicle registration and driving
			 records conducted through use of the Law Enforcement Data System
			 (LEDS) maintained by OSP, in accordance with the rules adopted and
			 procedures established by OSP (LEDS criminal records
			 check);
(b) A check of
			 Oregon criminal offender information, including through fingerprint
			 identification, conducted by OSP at Commission's request (Oregon
			 criminal records check); or
(c) A nationwide check of federal
			 criminal offender information, including through fingerprint
			 identification, by OSP through the FBI at Commission's request
			 (Nationwide criminal records check).
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 5 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 585-005-0025

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.534 &
				  346.300
Stats. Implemented: ORS
				  181.534(9)
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 5 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 585-005-0030 - Criminal Records Check Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Disclosure of Information by subject individual:
(a) Preliminary to a criminal
			 records check, a subject individual shall complete and sign the
			 Commission Criminal Records Request form. The Criminal Records
			 Request form shall require the following information:
(A) Legal name and
			 aliases;
(B) Date of
			 birth;
(C) Social
			 Security Number, driver's license, or other identification card
			 number;
(D) Prior
			 residency in other states; and
(E) Any other identifying
			 information deemed necessary by the authorized designee.
(F) The Commission Criminal Records
			 Request form may also require details concerning any circumstance
			 listed in OAR 585-005-0035(3)(a)-(f).
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 5 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 585-005-0035 - Preliminary Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Executive Director or an authorized designee may conduct a
			 preliminary fitness determination if Commission is interested in
			 hiring or appointing a subject individual on a preliminary basis,
			 pending a final fitness determination.
(2) If the Executive Director or an
			 authorized designee elects to make a preliminary fitness
			 determination about a subject individual, pending a final fitness
			 determination, the Executive Director or authorized designee shall
			 make that preliminary fitness determination based on information
			 disclosed by the subject individual and a LEDS criminal records
			 check.
(3) The Executive
			 Director or the authorized designee may approve a subject individual
			 as fit on a preliminary basis if the authorized designee has no
			 reason to believe that the subject individual has made a false
			 statement and the information available to the Executive Director or
			 the authorized designee does not disclose that the subject
			 individual:
(a) Has pled nolo
			 contendere (or no contest) to, been convicted of, found guilty except
			 for insanity (or comparable disposition) of, or has a pending
			 indictment for a crime listed under OAR 585-005-0050;
(b) Has been arrested for or
			 charged with a crime listed under OAR 585-005-0050;
(c) Is being investigated for, or
			 has an outstanding warrant for a crime listed under OAR
			 585-005-0050.
(d) Is
			 currently on probation, parole, or any form of post-prison
			 supervision for a crime listed under OAR 585-005-0050;
(e) Has a deferred sentence or
			 conditional discharge or is participating in a diversion program in
			 connection with a crime listed under OAR 585-005-0050; or
(f) Has been adjudicated in a
			 juvenile court and found to be within the court's jurisdiction for an
			 offense that would have constituted a crime listed in OAR
			 585-005-0050  if committed by an adult.
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 5 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 585-005-0040 - Hiring or Appointing on a Preliminary Basis

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Commission may hire or appoint
			 a subject individual on a preliminary basis if the Executive Director
			 or an authorized designee has approved the subject individual on the
			 basis of a preliminary fitness determination under OAR
			 585-005-0035.
(2) A
			 subject individual hired or appointed on a preliminary basis under
			 this rule may participate in training, orientation, or work
			 activities as assigned by Commission.
(3) A subject individual hired or
			 appointed on a preliminary basis is deemed to be on trial service
			 and, if terminated before completion of a final fitness determination
			 under OAR 585-005-0045, may not appeal the termination under the
			 processes provided under 585-005-0060.
(4) If a subject individual hired
			 or appointed on a preliminary basis is denied upon completion of a
			 final fitness determination, then Commission shall immediately
			 terminate the subject individual's employment in or appointment to a
			 position covered by 585-005-0030.
Statutory/Other Authority: ORS
				  346.300  & ORS
				  181A.195
Statutes/Other Implemented: ORS
				  346.300  & ORS
				  181A.195
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 5 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 585-005-0050 - Crimes Relevant to a Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
The following are crimes relevant to a fitness
				determination made under OAR Chapter 585, Division 5.
(1) Active Warrants.
(2) Restraining Orders.
(3) Sex Offender
			 Registration.
(4) Any
			 Felony Conviction.
(5)
			 Any Sex Offense Conviction.
(6) Any Controlled Substance
			 Conviction within the past five years.
(7) Any Violent Crimes against
			 Persons within the past ten years.
Statutory/Other Authority: ORS
				  346.300  & ORS
				  181A.195
Statutes/Other Implemented: ORS
				  346.300  & ORS
				  181A.195
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 5 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 585-005-0055 - Incomplete Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Commission will close a preliminary or final fitness determination as
			 incomplete when:
(a) Circumstances
			 change so that a person no longer meets the definition of a "subject
			 individual" under OAR 585-005-0020(14);
(b) The subject individual does not
			 provide materials or information under OAR 585-005-0030 (1)  within
			 the timeframes established under that rule;
(c) An authorized designee cannot
			 locate or contact the subject individual;
(d) The subject individual fails or
			 refuses to cooperate with the Executive Director or an authorized
			 designee's attempts to acquire other relevant information under OAR
			 585-005-0045(2);
(e)
			 Commission determines that the subject individual is not eligible or
			 not qualified for the position of employee, volunteer, or contractor
			 for a reason unrelated to the fitness determination process;
			 or
(f) The position is no
			 longer open.
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 5 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 585-005-0060 - Appealing a Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A subject individual may contest a final fitness determination made
			 under OAR 585-005-0045  that they are not fit to hold a position with
			 or provide services to Commission in a contested case hearing before
			 the Office of Administrative Hearings (OAH). In addition to the Model
			 Rules of Procedure adopted by the Attorney General, the procedures
			 set forth in this rule shall apply.
(2) Process:
(a) A subject individual may appeal
			 a final fitness determination by submitting a written request for a
			 contested case hearing to the address specified in the final fitness
			 determination provided under OAR 585-05-0045. Any such request for a
			 hearing must be received by Commission within 14 calendar days of the
			 date of the notice;
(b)
			 When a timely request is received by Commission under subsection (a),
			 a contested case hearing shall be conducted by an Administrative Law
			 Judge (ALJ) appointed by OAH.
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 5 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 585-005-0065 - Recordkeeping and Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Executive Director or an authorized designee shall document a
			 preliminary or final fitness determination, or the closing of a
			 fitness determination file due to incompleteness in writing. Written
			 documentation of the notice of outcome of fitness determination shall
			 be provided to the subject individual and, if the subject individual
			 is approved for employment with Commission following a preliminary or
			 final fitness determination, shall be retained in the subject
			 individual's file until the expiration of the six-month trial period
			 of employment with Commission.
(2) Records Received from
			 Commission and OSP:
(a) Records
			 Commission receives from a criminal records check, including but not
			 limited to LEDS reports and state or federal criminal offender
			 information originating with OSP or the FBI, are confidential
			 pursuant to ORS
			 181A.195(12)
			 and federal laws and regulations;
(b) Only Commission's authorized
			 designees shall have access to records Commission receives in
			 response to a criminal records check, including records obtained from
			 OSP;
(c) An authorized
			 designee shall have access to records received in response to a
			 criminal records check, including from OSP, only if the authorized
			 designee has a demonstrated and legitimate need to know the
			 information contained in the records;
(d) Authorized designees shall
			 maintain and disclose records received in response to a criminal
			 records check in accordance with applicable requirements and
			 restrictions in ORS Chapter 181A and other applicable federal and
			 state laws, rules adopted by OSP pursuant thereto, these rules,
			 federal regulations, and any written agreement between Commission and
			 OSP;
NOTE: See OAR Chapter 257, Division
				15.
(e) If a
			 fingerprint-based criminal records check was conducted with regard to
			 a subject individual, Commission shall permit that subject individual
			 to inspect his or her own state and federal criminal offender
			 information, unless prohibited by state or federal law;
(f) If a subject individual with a
			 right to inspect criminal offender information under subsection (e)
			 requests, Commission shall provide the subject individual with a copy
			 of the individual's own state and federal criminal offender
			 information, unless prohibited by state or federal law. Commission
			 may require sufficient identification from the subject individual to
			 determine his or her identity prior to providing this criminal
			 offender information to him or her.
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 5 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 585-005-0070 - Authorized Designees

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Appointment.
(a) The Executive
			 Director or their designee shall designate the positions that include
			 the responsibilities of an authorized designee;
(b) Appointments shall be made by
			 the Executive Director or their designee at their sole
			 discretion.
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 5 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 585-005-0075 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
Commission may charge a fee for acquiring criminal
				offender information for use in making a fitness determination of a
				subject individual. In any particular instance, the fee shall not
				exceed the fee(s) charged Commission by OSP and the FBI to obtain
				criminal offender information on the subject individual.
Statutory/Other Authority: ORS
				  346.300  & ORS
				  181A.195
Statutes/Other Implemented: ORS
				  346.300  & ORS
				  181A.195
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 10 - SERVICES FOR ELIGIBLE BLIND CLIENTS › Section 585-010-0015

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: The publication(s) referenced in this
				  rule is available from the
				  agency.
Stat. Auth.: ORS
				  346.150 & ORS
				  183.341
Stats. Implemented: ORS
				  346.150 - ORS
				  346.570
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 10 - SERVICES FOR ELIGIBLE BLIND CLIENTS › Section 585-010-0020 - Definition of Blindness for Vocational Rehabilitation

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions shall apply to all Oregon
				Administrative Rules contained in OAR Chapter 585, Division 10,
				unless the context requires otherwise:
(1) "Client" refers to a person who
			 is blind or visually impaired who receives vocational rehabilitation
			 services through Commission.
(2) "Counselor" means the client's
			 assigned vocational rehabilitation counselor who is a staff member of
			 Commission.
(3) "IPE"
			 means Individualized Plan for Employment;
(4) "Commission" means the Oregon
			 Commission for the Blind.
(5) "OCCB" means Orientation and
			 Career Center for the Blind.
(6) "Person who is blind" refers to
			 an individual who has been diagnosed by a qualified physician to have
			 a medical condition that is:
(a)
			 Congenital or organic in nature; and
(b) Results in loss of sight to the
			 extent that the person's central visual acuity does not exceed 20/200
			 in the better eye with best correction; or
(c) The person's central visual
			 acuity exceeds 20/200 but is accompanied by limitation of the visual
			 field to such a degree that its widest diameter subtends an angle of
			 no greater than 20 degrees.
(d) A person who has a functional
			 disorder that does not have a known organic or structural cause is
			 not considered to be a person who is blind for purposes of these
			 rules.
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 10 - SERVICES FOR ELIGIBLE BLIND CLIENTS › Section 585-010-0030 - Disclosure and Use of Records Limited

Current through Register Vol. 63, No. 7, July 1, 2024
Except for the purposes directly connected with the
				administration of the programs of services to persons who are blind
				or visually impaired as provided for in ORS Chapter 346 and these
				rules, no person shall solicit, disclose, receive, make use of, or
				authorize, knowingly permit, participate in, or acquiesce in the use
				of any lists, names, or any other information concerning persons that
				may become known to Commission either by application for services,
				for purposes of the register of persons who are blind, or for any
				other purpose directly or indirectly derived from the records,
				papers, files, or communications by any agency or department of
				government or person to which they may be furnished or acquired in
				the course of performance of official duties. Such records, papers,
				files and communications as identified herein are otherwise
				considered confidential.
Statutory/Other Authority: ORS
				  346.150(2),
				  ORS
				  346.180  & ORS
				  346.165-346.169
Statutes/Other Implemented: ORS
				  346.165-346.169
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 10 - SERVICES FOR ELIGIBLE BLIND CLIENTS › Section 585-010-0040 - Financial Support for Attendance at Institution of Higher Education

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Basic
			 Criteria. Commission may provide financial support to a client for
			 attendance at an institution of higher education. In addition to the
			 comprehensive evaluation required under section (2), the following
			 criteria apply to this rule:
(a)
			 The planned attendance must be part of an approved IPE;
(b) The extent of the financial
			 support provided by Commission to a client will be conditioned by the
			 following:
(A) The client must
			 present documentary evidence to indicate that a reasonable effort has
			 been made to obtain cash grant assistance or non-merit scholarships
			 from other sources to pay for the planned attendance, in whole or in
			 part;
(B) Where cash
			 grant assistance or scholarships are obtained to partially fund costs
			 of attendance, the client must submit copies of the relevant
			 correspondence to identify the extent that the costs will be funded
			 from other sources including family resources. Awards and
			 scholarships based on merit are not considered a comparable
			 benefit;
(C) Where denial
			 of cash grant assistance or scholarships is based on the availability
			 of family resources, the client will be expected to utilize such
			 family resources to fund that part of the planned attendance expenses
			 involving tuition, books, and supplies;
(D) Financial support may be
			 provided where the client is determined to be eligible for cash grant
			 assistance or scholarships by the institution(s) but where denial of
			 such assistance or scholarships is based solely on the
			 non-availability of funds to the applicable institution(s). The
			 client should secure a "No Funds" letter from the institution and
			 submit it to their counselor at Commission
			 promptly.
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 10 - SERVICES FOR ELIGIBLE BLIND CLIENTS › Section 585-010-0050 - Policies for Funding Self-Employment Business Ventures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Subject to the conditions
			 provided under this rule, Commission may provide financial support to
			 clients for funding self-employment business ventures. Clients who
			 are entering the Business Enterprise Program do not meet the federal
			 definition of self-employment under the Rehabilitation Act and are
			 not subject to the requirements of this rule.
(2) The following definitions apply
			 to this rule:
(a) "Equipment" means
			 an item that is determined necessary for the individual's employment
			 goal.
(b) "PASS" means
			 Plan to Achieve Self-Support;
(c) "SBA" means the U.S. Small
			 Business Administration;
(d) "SBDC" means Small Business
			 Development Centers;
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 15 - BUSINESS ENTERPRISE PROGRAM RULES › Section 585-015-0000 - Introduction

Current through Register Vol. 63, No. 7, July 1, 2024
These rules govern the Business Enterprise Program of
				the Oregon Commission for the Blind. They are intended to supplement
				the governing law of the Randolph-Sheppard Act,
				20 USC sections
				107 to
				107f
				and ORS
				346.510
				to
				346.570.
Statutory/Other Authority: HB 3253 (2017)
Statutes/Other Implemented: Randolph-Sheppard Act,
				  20 USC sections
				  107 to
				  107f
				  & ORS
				  346.510
				  to
				  346.570
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 15 - BUSINESS ENTERPRISE PROGRAM RULES › Section 585-015-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 ACTIVE PARTICIPATION means an ongoing process of information sharing,
			 discussions and good faith negotiations between the Business
			 Enterprise Consumer Committee and the Commission to achieve joint
			 planning, developing and understanding of the Commission's major
			 administrative, policy and program development decisions that impact
			 the Commission's Business Enterprise Program, prior to their
			 implementation;
(2) BLIND
			 PERSON means a person who qualifies as a blind person under
			 34 CFR
			 395.1(c);
(3) BUSINESS ENTERPRISE
			 PROGRAM means the Program administered by the Commission that is
			 responsible for providing self-employment opportunities to persons
			 who are legally blind pursuant to the Randolph-Sheppard
			 Act;
(4) BUILDING MANAGER
			 means the head of the department or agency in charge of maintenance
			 of federal or public buildings or properties. The person designated
			 by the federal or public agency in control of the property to deal
			 with the Commission concerning vending facilities shall be deemed to
			 be the "head of the department or agency in charge of
			 maintenance";
(5)
			 BUSINESS ENTERPRISE CONSUMER COMMITTEE means the group of elected
			 vending facility managers who serve as representatives of all vending
			 facility managers and licensees in the Business Enterprise Program,
			 as described in
			 34 CFR §
									395.14;
(6) CAFETERIA, located on Federal
			 property, is as defined in CFR 395.1(d).
(7) CAFETERIA, located on State
			 property or in other public buildings, means a food-dispensing
			 facility:
(a) That can provide a
			 variety of prepared foods and beverages;
(b) Where a patron may move through
			 a self-service line;
(c)
			 That may employ some servers to wait on patrons; and
(d) That provides seating suitable
			 for patrons to consume meals;
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 15 - BUSINESS ENTERPRISE PROGRAM RULES › Section 585-015-0010 - Licensing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) TRAINEE SELECTION - To become a
			 trainee in the Business Enterprise program, an applicant must meet
			 the following qualifications:
(a)
			 Be a citizen of the United States;
(b) Be present in the State of
			 Oregon;
(c) Be a blind
			 person;
(d) Be a client
			 of the Commission's vocational rehabilitation program;
(e) Be certified by the
			 Commission's vocational rehabilitation program as capable and
			 qualified to operate a vending facility;
(f) Complete and submit an
			 application form to the Director;
(g) Complete the Business
			 Enterprise program testing requirements.
(h) The Director must also
			 determine that there is reasonable expectation that the client will
			 successfully complete the required training.
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 15 - BUSINESS ENTERPRISE PROGRAM RULES › Section 585-015-0015 - Vacancies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) NOTICE - When a new or existing
			 vending facility becomes available, the Business Enterprise Program
			 shall send an announcement to all vending facility managers and
			 licensees. The announcement shall provide the following information
			 for the vending facility (as applicable):
(a) The vending facility agreement
			 or permit;
(b) A list of
			 equipment provided;
(c) A
			 list of the types of products sold;
(d) Sales figures and net proceeds
			 for the past three (3) years;
(e) Number of employees needed for
			 current staffing levels;
(f) For new vending facilities, a
			 survey if available;
(g)
			 The required date to respond to the vacancy notice;
(h) Whether or not the vending
			 facility manager would be required to relinquish their existing
			 vending facility, if selected.
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 15 - BUSINESS ENTERPRISE PROGRAM RULES › Section 585-015-0025 - Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DIRECTOR - The Director and the
			 Business Enterprise Program staff are responsible for planning,
			 directing and supervising the Business Enterprise Program, in
			 accordance with  34 CFR part 395  and ORS
			 346.510-570.
			 This includes:
(a) Working with the
			 Business Enterprise Consumer Committee, in accordance with
			 34 CFR
			 395.14(b) 1-5 and
			 ORS
			 346.510-570;
(b) Developing and implementing
			 rules, regulations, policies and procedures;
(c) Enforcing rules, regulations,
			 policies and procedures;
(d) Monitoring compliance with
			 state and federal law;
(e) Conducting strategic planning
			 with the Business Enterprise Consumer Committee;
(f) Developing and monitoring the
			 Business Enterprise Program budget;
(g) Coordinating the training
			 program for trainees and licensees;
(h) Coordinating with the Business
			 Enterprise Consumer Committee in planning annual post licensure
			 training meetings;
(i)
			 Surveying potential new vending facilities;
(j) Establishing new vending
			 facilities;
(k)
			 Establishing and maintaining equipment inventory control;
(l) Selecting vending facility
			 managers for operation of vending facilities;
(m) Reviewing and documenting
			 operation of vending facilities through on-site visits;
(n) Advising vending facility
			 managers of deficient areas and assisting the vending facility
			 manager in developing performance improvement plans;
(o) Coordinating the transfer and
			 promotion of licensees and vending facility managers;
(p) Advising vending facility
			 managers as needed on merchandising, inventory control, reporting,
			 and all related business functions;
(q) Coordinating and supervising
			 the transfer of vending facility inventory;
(r) Recommending initial inventory
			 purchases to the vending facility manager's vocational rehabilitation
			 counselor;
(s) Performing
			 inventory of Business Enterprise Program equipment;
(t) Communicating with building
			 managers;
(u) Ensuring
			 building managers are provided a copy of the assigned vending
			 facility manager's operating agreement;
(v) Conducting audits of vending
			 facilities and vending facility managers;
(w) Ensuring for the continued
			 operation of vending facilities;
(x) Responding to written requests
			 and recommendations from the Business Enterprise Consumer Committee
			 within 30 days;
(y)
			 Undertaking any additional acts or duties described in these rules as
			 the responsibility of the Commission.
Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 15 - BUSINESS ENTERPRISE PROGRAM RULES › Section 585-015-0030 - Business Enterprise Consumer Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 COMPOSITION - The Business Enterprise Consumer Committee shall be
			 composed of one chairperson and five members, all of whom must be
			 vending facility managers;
(a) The
			 chairperson and Business Enterprise Consumer Committee members shall
			 all be voting members of the Business Enterprise Consumer
			 Committee;
(b) The
			 chairperson and Business Enterprise Consumer Committee members shall
			 all hold two year terms of office, beginning immediately after they
			 are elected;
(c) The
			 Business Enterprise Consumer Committee shall be representative, to
			 the extent possible, of vending facility managers within the Business
			 Enterprise Program on the basis of factors such as geography and
			 vending facility type and, as a goal, proportional representation of
			 vending facility managers on federal and public property.