reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 160 - ADMINISTRATION AND BENEFITS OF THE INMATE INJURY SYSTEM › Section 125-160-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in chapter 125, division 160, unless the context
				requires otherwise:
(1) "Awards" or
			 "benefits" include one or more of the following types:
(a) "Death benefit" means the monthly amount
			 of disability award the person deceased from a covered death would have
			 received at a disability rating of 100 percent. Death benefit also includes any
			 payment to the claimant's estate of burial expenses.
(b) "Final benefit or award" means the
			 Department's final notice of all benefits due to claimant. It is normally
			 issued upon claimant's request for reaffirmation or modification of the initial
			 estimate. Benefits do not increase after final award appeal rights are
			 exhausted.
(c) "Initial estimate"
			 means the Department's notice to a claimant that the injury qualifies for
			 permanent disability benefits. It includes the estimate of disability rating
			 and benefits.
(d) "Medical
			 services" means those medications, medical procedures, rehabilitation services,
			 physical aids, and prosthetics that are duly prescribed by the attending
			 physician. Medical Services must be of proven therapeutic value. They must be
			 medically necessary to the process of recovery from the covered injury. They
			 permanently cease when a claimant is medically stationary.
(e) "Permanent disability benefit or award"
			 means the Department's estimated and final calculations of the benefit for a
			 permanent disability from a covered injury.
(f) "Prosthetics benefit" means an amount
			 paid, reserved, or added to permanent disability benefits for the repair or
			 replacement of prosthetics. The cause of repair or replacement must be normal
			 wear and tear or medical need caused by the covered injury and no other cause.
			 The award shall be the Department's estimate of current replacement cost,
			 multiplied by the probability of replacement before other benefit eligibility
			 is attained multiplied by the disability rating. Covered prosthetics are only
			 those prescribed by the attending physician and not available over the counter.
			 They must be medically necessary due to the covered injury and no other cause.
			 No prosthetics awards shall be made for pre-existing prosthetics or for
			 glasses, hairpieces, or dentures. Prosthetics benefits shall cease if and when
			 permanent disability award payments cease to be paid or payable for any reason.
(g) "Rehabilitation Services"
			 means physical restorative services prescribed by the attending physician. They
			 must be necessary to recovery from a covered injury. They are part of medical
			 services.
(h) "Training benefit"
			 means any training provided by Corrections during confinement that may improve
			 the chances of employment.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 160 - ADMINISTRATION AND BENEFITS OF THE INMATE INJURY SYSTEM › Section 125-160-0020 - Calculation of Permanent Disability Awards

Current through Register Vol. 63, No. 7, July 1, 2024
A permanent disability award is calculated as two-thirds of the
				Inmate Hourly Wage Rate multiplied by the disability rating. The weekly amount
				is calculated in this manner. The Inmate Hourly Wage Rate, in effect on the
				date of release, is multiplied by 40, multiplied by .667, and multiplied by the
				disability rating. To convert to a daily benefit, the weekly amount is divided
				by seven. To convert to a monthly benefit, the weekly amount is multiplied by
				4.35. A prosthetics allowance may be added to the permanent disability award.
				During confinement, permanent disability and training benefits are entirely
				limited to any training provided by the Oregon Department of
				Corrections.
Stat. Auth.: ORS
				  184.340,
				  278.405,
				  655.520 &
				  655.555
Stats. Implemented: ORS
				  655.505 -
				  655.555
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 160 - ADMINISTRATION AND BENEFITS OF THE INMATE INJURY SYSTEM › Section 125-160-0100 - Medical Services Limits

Current through Register Vol. 63, No. 7, July 1, 2024
The Department shall calculate and limit medical services as
				follows:
(1) While still in
			 confinement, benefits shall be limited to medical services provided by or at
			 the direction of Corrections medical staff.
(2) After the release date, any medical
			 services shall be payable for no more than the 6 months immediately following
			 release. Medical services shall be provided only by, or at the direction of,
			 the attending physician and only while the claimant is not stationary.
(3) After the release date,
			 medical services shall be limited to $10,000. No more than $2,000 of that limit
			 may be applied to rehabilitation services. The limit does not apply to services
			 provided by and through Corrections medical staff while the claimant is
			 confined.
(4) In response to the
			 attending physician's request, Department may waive the foregoing limit on
			 medical services payments. Waiver shall be in increments of $5,000 not to
			 exceed a total medical services limit of $75,000. Any conditions that
			 Department may deem reasonable may be attached to its waiver. Any waiver shall
			 conform to one of the following:
(a)
			 Corrections medical staff may request a waiver shortly before or after the date
			 of release if these conditions are met:
(A)
			 Claimant's medical condition shall have remained medically unstationary from
			 time of injury through time of waiver request and release.
(B) Claimant shall be reported by Corrections
			 to be actively cooperating toward recovery.
(C) The treating physician shall give
			 Department a written report. It shall state that the medical condition is due
			 to the covered injury and no other cause. It shall estimate the amount by which
			 essential medical treatment will exceed the foregoing limit on medical
			 services. It shall include a plan of essential treatment.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 160 - ADMINISTRATION AND BENEFITS OF THE INMATE INJURY SYSTEM › Section 125-160-0120 - Death Benefit Limits

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Upon a covered death, the death benefit to the claimant's estate shall be
			 limited to $3,000 for actual and reasonable costs of transport and
			 burial.
(2) The death benefit to
			 beneficiaries shall be limited to the deceased's disability award. It shall be
			 distributed in percentage shares of the monthly amount to beneficiaries
			 qualifying under these rules. The total shall not exceed 100 percent of the
			 monthly amount.
(3) The death
			 benefit shall be allocated among three beneficiary groups: spouse, children,
			 and others. If no claim is filed from any of these groups, that group's
			 allocation shall be applied to the remaining groups.
(4) Distribution among and within the three
			 beneficiary groups shall be as follows:
(a)
			 Ten percent shall be divided equally among qualifying, claiming beneficiaries
			 other than claimant's spouse or child.
(b) Forty-five percent shall go to the
			 qualifying, claiming spouse.
(c)
			 Forty-five percent shall be divided equally among qualifying, claiming
			 children. Department shall not be required to do so, but may choose to pay a
			 child's benefit on its behalf to any custodial parent or to an annuity or trust
			 fund in the child's name.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 160 - ADMINISTRATION AND BENEFITS OF THE INMATE INJURY SYSTEM › Section 125-160-0200 - Claiming Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Only a person to whom a payment or benefit is directly due under these rules
			 may claim the benefit. A potential beneficiary may not join or intervene in an
			 inmate's claim. Only the claimant's attorney may represent a claimant. No one
			 may intervene in any claim except the legal representative of an incompetent
			 claimant. The Department shall not pay the costs of a claimant's legal
			 representation.
(2) The Department
			 may require that all claims for benefits or payments be or include:
(a) In the form or formats which the
			 Department may from time to time prescribe. The Department may supply a form or
			 format requirement upon request or exclusively through Corrections, as
			 Department and Corrections may deem reasonable.
(b) Any information that Department deems
			 likely to bear on the qualification or disqualification for benefits under
			 these rules and related law. Department may require certified copies of any
			 records.
(c) Claimant's signed
			 request for release to Department of all records by all parties. Claimant shall
			 also sign any additional request for release of records that the Department
			 shall require. Claimant's failure to adequately request and authorize the
			 release of any record, or to provide the record within 30 days, shall be
			 sufficient cause for the Department to permanently deny the claim.
(d) A signed statement by the claimant
			 attesting to the truth of all the information provided.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 160 - ADMINISTRATION AND BENEFITS OF THE INMATE INJURY SYSTEM › Section 125-160-0300 - Evaluating Claims

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No
			 benefit shall be awarded or paid except through request and proof of
			 eligibility as required by these rules and related law. A claim shall be
			 approved if the claimant proves to the Department that the claim, injury,
			 disability, and all related issues qualify and conform to these rules and
			 related law.
(2) Department shall
			 investigate any claim for benefits as it deems necessary to determine
			 eligibility under these rules and the extent of any benefits. Department shall
			 notify claimant of its denial or initial estimate of benefits in a reasonable
			 time. When practical, Department shall issue its initial estimate in the period
			 after claimant is stationary and before claimant is released.
(3) The attending physician shall make all
			 medical determinations with regard to the claim. If Department finds the
			 attending physician is not complying with these rules, Department may name a
			 new attending physician to provide all medical services. The attending
			 physician shall:
(a) Determine the existence
			 and nature of the reported injury, its extent and expected duration of the need
			 for medical services.
(b)
			 Determine the claimant's medically stationary date and any permanent disability
			 rating.
(c) Estimate likelihood or
			 frequency of necessary repair and replacement of prosthetics.
(d) Report to the Department. Reports shall
			 be in sufficient detail to show that all determinations are based on medical
			 evidence supported by objective findings as provided in ORS
			 655.510(2). The
			 reports shall show due consideration of any input from advisory or consulting
			 physicians. Reported pain or alleged limited range of motion, without objective
			 findings, shall not meet this requirement.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 160 - ADMINISTRATION AND BENEFITS OF THE INMATE INJURY SYSTEM › Section 125-160-0310 - Evidence and Construction

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The following rules of evidence and construction shall apply to all issues
			 bearing on a claim:
(a) It shall be the
			 claimant's burden to prove, by a preponderance of the evidence, all facts
			 necessary to sustain a claim. Should a claimant make false statements or supply
			 false information in the claim, in prior claims, or in letters, testimony or
			 materials submitted to Department or hearings officer, Department or hearings
			 officer may direct that the claimant's standard of proof shall increase to
			 clear and convincing evidence. Department may also provide its evidence of
			 falsehood to Corrections and the District Attorney for further action. Clear
			 and convincing evidence shall also be required to overcome any evidence which
			 these rules say shall be presumed true or a rebuttable presumption.
(b) These rules shall be interpreted
			 according to their plain meaning and not construed in favor of the
			 claimant.
(c) The attending
			 physician's reports written and delivered to Department and containing the
			 items required by these rules, shall be presumed true and shall suffice to
			 prove the medical findings reported therein.
(d) The records, computer and others, of any
			 agency shall be presumed true and shall suffice to prove the facts reported
			 therein, as they bear on questions of fact necessary to sustain or deny a claim
			 for benefits.
(e) Department's
			 records shall be presumed true and shall suffice to prove all timing and
			 procedural matters noted therein.
(f) Corrections records shall be presumed
			 true and shall suffice to prove all dates, assignments, medical services,
			 discipline, violations, release dates, and any other matters occurring during
			 confinement and subject to Corrections legal control.
(g) Claimant's failure to report any covered
			 injury to the work or training supervisor before leaving the alleged injury
			 scene or the work or training site, shall create the rebuttable presumption
			 that the injury was not a covered injury.
(h) Claimant's failure to apply for
			 Corrections' medical treatment as soon as the medical need is, or should be
			 known, shall create the rebuttable presumption that the injury is not a covered
			 injury.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 160 - ADMINISTRATION AND BENEFITS OF THE INMATE INJURY SYSTEM › Section 125-160-0400 - Claims Denials

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department shall deny benefits for any claim upon substantial evidence that the
			 injury was caused by or arose, in whole or in any part, out of any of the
			 following:
(a) The claimant's intentionally
			 self-inflicted injury, whether or not the full extent of actual injury was
			 clearly expected. If an injury results from any act that would cause a
			 reasonable person to conclude the actor intended or should have expected some
			 self-injury, the whole injury shall be considered self-inflicted;
(b) The claimant's willful violation of work
			 rules or rules regulating inmate conduct or premises security. No issues
			 relating to the legality or nature of any Corrections work, conduct, or
			 premises rules, shall be considered in connection with a claim;
(c) The claimant's active participation in an
			 assault or combat. Combat shall not bar a claim if Corrections assigned the
			 combat in writing to the inmate as an official duty he or she was required to
			 perform. Any finding by Corrections that assault or combat occurred, shall
			 stand unless reversed by Corrections through its appeal processes;
(d) The circumstances of the claimant being
			 compelled to participate in any employment or training. No issues relating to
			 the legality or nature of confinement, compulsory participation, or
			 restrictions on inmate activities, shall be considered in connection with a
			 claim;
(e) Disciplinary action
			 taken by Corrections against the claimant. Correction's disciplinary records,
			 alone, shall be dispositive of this issue. Any dispute related to disciplinary
			 action shall be resolved under the laws and rules relating to inmate
			 discipline, control, or confinement. No issues relating to the legality or
			 appropriateness of any disciplinary rule or action shall be considered in
			 connection with a claim;
(f) Any
			 action taken by Corrections to protect the safety of anyone or to maintain
			 order. No issues relating to the legality or appropriateness of any action
			 taken by Corrections to protect or maintain order shall be considered in
			 connection with a claim; or
(g)
			 Actions of other inmates. This phrase means any injurious actions of inmates
			 except unintentional, negligent actions done in good faith as a direct part of
			 the duties assigned to those inmates in their authorized work or
			 training.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 160 - ADMINISTRATION AND BENEFITS OF THE INMATE INJURY SYSTEM › Section 125-160-0500 - Delivery of Claims, Notices, Responses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department shall send any and all
			 notices, letters, responses, and benefits payments by regular mail or other
			 reasonable means to the claimant's last known residential address or to
			 claimant's parole or probation officer's address. Department records of
			 mailings shall be proof of mailing and shall constitute delivery.
(2) Department may refuse to mail to a post
			 office box when it deems reasonable to do so. Department shall not mail to
			 General Delivery, message services, drop boxes, or third party addresses.
			 Payments and notices mailed by Department to claimant shall say "do not
			 forward" or similar wording required by the delivery carrier to prevent
			 forwarding of mail.
(3) Claimant
			 shall file all claims, requests, and appeals in writing by mail. Claimant may
			 file by electronic facsimile to department's Fax number if claimant mails the
			 original to Department on the same day. No claim or information necessary to a
			 claim may be delivered by claimant by means of electronic computer mail or
			 orally in person or by telephone. Only physical receipt by Department shall
			 constitute delivery.
(4) Department
			 and Corrections shall have no duty to give advice or notify, warn, or remind
			 any claimants or potential claimants of their rights or duties under these
			 rules. This includes the deadlines for filing requests or claims. Should
			 Department give incorrect information, that shall not relieve the recipient of
			 his or her duty to conform to these rules nor shall it alter any benefit to
			 which the person may be entitled under these rules.
(5) Department may make available to
			 Corrections and to any requesting law enforcement agency or publicly funded
			 benefit program, any information provided to it under these rules. The
			 requesting entity shall make its request in writing and state therein that the
			 records are sought in connection with a valid investigation of a crime, or of a
			 request for benefits.
Stat. Auth.: ORS
				  184.340,
				  278.405,
				  655.520 &
				  655.555
Stats. Implemented:
				  655.505 -
				  655.555
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 160 - ADMINISTRATION AND BENEFITS OF THE INMATE INJURY SYSTEM › Section 125-160-0600 - Delivery of Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Except as these rules specify otherwise, benefits shall be paid as follows:
(a) No one may claim or place a voluntary or
			 involuntary lien on any claimant's benefits or payments due under these rules.
			 The Department shall not accept or pay any assignment of any part of any
			 benefit or payment.
(b) Benefits
			 become payable at the end of any period in which they accrue. The Department
			 may make no advance payments.
(c)
			 Payment of any periodic, continuing benefit shall begin on the first day of the
			 month following the month in which these rules permit the benefit to start or
			 resume.
(d) Benefits shall be
			 mailed in form of a check, warrant, or draft or made by electronic transfer and
			 deposit. No payment shall be made by messenger or over-the-counter to any
			 party.
(e) Benefits shall be paid
			 monthly, quarterly, semi-annually, or annually and shall be subject to change.
			 The Department will notify the claimant if payments will be other than
			 monthly.
(f) The Department shall
			 try to issue all payments during the first two weeks of any month in which they
			 are due and payable.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 160 - ADMINISTRATION AND BENEFITS OF THE INMATE INJURY SYSTEM › Section 125-160-0700 - Suspension and Forfeiture of Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Claimants shall keep the Department
			 informed of their current status and circumstances in all respects as they may
			 bear on the requirements of these rules. Status, as used here, may include
			 employment, medical condition, mailing and physical residence addresses,
			 confinement, or any disqualifier for benefits. The Department may also require
			 a claimant to complete and sign a written status report at any time before
			 releasing any benefit or payment.
(2) The Department may temporarily suspend
			 any or all payments to any claimant of any kind. Temporary suspension and the
			 method of restoration shall not be subject to appeal. Suspension may be made
			 for the following:
(a) As necessary due to
			 inadequate funding for the Inmate Injury component of the state Insurance
			 Fund.
(b) When claimant is believed
			 by Department to be confined, to have moved without notifying Department, to
			 have recovered from the disability that was expected to be permanent, or to
			 have abandoned the claim.
(c) As
			 requested by Corrections or parole or probation officers seeking
			 claimant.
(d) When claimant does
			 not respond to an inquiry from Department or fails to complete and return any
			 status report requested by the Department or attending physician.
(e) When Department is notified in writing by
			 any corrections or law enforcement agency that a warrant is outstanding for the
			 claimant's arrest or that claimant is sought in connection with escape or a
			 crime.
(f) When Department's
			 inquiry or request for information is unanswered by claimant or is answered
			 with an unsigned response or one that does not appear to be the
			 claimant's.
(g) When it appears to
			 Department that benefit checks or warrants are being negotiated by someone
			 other than the payee.
(h) When an
			 overpayment is discovered.
(i) As
			 otherwise provided in these rules.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 160 - ADMINISTRATION AND BENEFITS OF THE INMATE INJURY SYSTEM › Section 125-160-0710 - Termination of Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 and all benefits payable or potentially payable to a claimant shall be
			 terminated fully and finally, without prior notice, upon the occurrence of any
			 of the following:
(a) Claimant gives
			 Department of Corrections any kind of false report or supplies any false
			 information in connection with a claim.
(b) Inmate dies due, in large part, to any
			 cause or causes other than the covered injury.
(c) Claimant, receiving permanent benefits or
			 death benefits, attains an age when other benefit eligibility occurs.
(d) The date is reached at which
			 an inmate deceased from a covered death would have attained other benefit
			 eligibility.
(e) A beneficiary
			 dies, ceases to be a beneficiary under these rules or, if a child, attains 18
			 years of age.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 160 - ADMINISTRATION AND BENEFITS OF THE INMATE INJURY SYSTEM › Section 125-160-0720 - Abandonment of Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If
			 benefits are abandoned, claimant forfeits all rights under these rules, except
			 the right to give Department clear and convincing evidence that abandonment did
			 not occur. Claimant shall provide such evidence in writing to Department within
			 30 days of Department's declaration of abandonment. If Department refuses to
			 reinstate benefits after receipt of clear and convincing evidence that
			 abandonment did not occur, claimant may appeal as provided in these
			 rules.
(2) Benefits shall be deemed
			 abandoned if both of the following occur:
(a)
			 The Department sends three consecutive mailings by regular or certified mail on
			 different dates at least one week apart and all are returned, or the
			 Department's requests for response contained in each and all of the mailings
			 elicit no response, or Department's checks or warrants included in each of the
			 mailings are not negotiated.
(b) In
			 the 90 days following the date of the last mailing, the Department receives no
			 signed, written communication from the claimant with a valid residential
			 mailing address.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 160 - ADMINISTRATION AND BENEFITS OF THE INMATE INJURY SYSTEM › Section 125-160-0800 - Subrogation

Current through Register Vol. 63, No. 7, July 1, 2024
Applying for and accepting benefits under these rules shall
				transfer to the Department all the acceptors' rights, claims, and causes of
				action against any third party for the covered injury or death to the extent of
				benefits paid or payable hereunder. Department shall be entitled to the net
				recovery against the third party to the extent of benefits paid or payable
				hereunder. Except as provided by ORS
				655.510(4), if
				the Department does not choose to claim damages from a third party, all these
				rights shall revert to claimant and Department shall waive any interest it has
				in any recovery.
Stat. Auth.: ORS
				  184.340,
				  278.405,
				  655.520 & 655.555
Stats. Implemented: ORS
				  655.505 -
				  655.555
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 160 - ADMINISTRATION AND BENEFITS OF THE INMATE INJURY SYSTEM › Section 125-160-0900 - Appealing Claims Decisions and Actions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These shall be the rules of procedure for
			 appeals and contested case hearings for actions under these rules. Except as
			 noted, the administrative procedures act shall not apply.
(2) When these rules permit an action of the
			 Department to be contested by the claimant, the Department shall give the
			 notice required by ORS
			 183.415(2). The
			 following three levels of appeal shall then apply.
(a) Claimant shall first appeal through
			 request for review by Department:
(A) One
			 request for review of an action by Department may be made by the affected
			 claimant. It shall be received by the Department within 60 days after the date
			 of Department's contested decision unless the decision includes the grant of a
			 longer period.
(B) Claimant's
			 written request for review shall list and explain all contested matters of fact
			 and law in writing. It shall state the action the claimant is requesting. New
			 supporting documents, if consistent with these rules, may be enclosed. Any
			 revised attending physician's response or report shall be enclosed as part of
			 the request for review. A timely request for review that conforms to these
			 rules is a prerequisite to further appeal or hearing.
(C) Requests for review may contest
			 allegations of omitted fact, factual error, lack of required evidence for the
			 Department's pertinent findings and conclusions, or legal error by Department.
			 Any medical evidence shall be submitted to the attending physician, whose
			 report shall be provided with the request for review. Only issues subject to
			 the jurisdiction of these rules may be raised or contested.
(D) When the Department receives a request
			 for review, it shall consider the record it relied upon and any information
			 contained in or attached to the request for review. If the Department finds
			 that its action is not correct under these rules or is not supported by
			 substantial evidence, the Department shall modify its decision. The Department
			 shall respond to claimant's request for review by affirming, rescinding, or
			 modifying its decision.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 160 - ADMINISTRATION AND BENEFITS OF THE INMATE INJURY SYSTEM › Section 125-160-0910 - Hearings Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department shall designate as hearings officer any person trained in the
			 hearings process. The hearings officer shall not have been a witness or had
			 personal knowledge of any material, disputed fact of the case. He or she shall
			 not have had another role in the case.
(2) The hearing shall be conducted at a time
			 and place designated by the hearings officer and acceptable to Corrections. The
			 hearing may be conducted by telephone or other means of
			 communication.
(3) The hearings
			 officer shall conduct the hearing as prescribed in ORS
			 183.415 except as otherwise
			 required in these rules.
(4) Prior
			 to commencement of hearing, the Department or hearings officer shall:
(a) Inform party(s) to the hearing of the
			 matters specified in ORS
			 183.413(2).
(b) Explain issues involved in the hearing
			 and matters parties must prove or disprove under these rules.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 160 - ADMINISTRATION AND BENEFITS OF THE INMATE INJURY SYSTEM › Section 125-160-0920 - Conduct of Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 findings of the hearings officer must be on the merits. Technical or clerical
			 errors in the writing or processing of a contested decision shall not be
			 grounds for modification or rescission unless there is substantial prejudice to
			 the claimant.
(2) The standards of
			 proof shall be those provided in these rules.
(3) Making the reasons part of the record,
			 the hearings officer shall raise the claimant's burden of proof to clear and
			 convincing evidence upon the occurrence of the following:
(a) The hearings officer finds the claimant
			 provided or has a history of providing unreliable or false evidence;
(b) The contested issue is timeliness,
			 inclusion or omission of evidence, or other procedural requirements;
			 or
(c) As otherwise provided in
			 these rules.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 160 - ADMINISTRATION AND BENEFITS OF THE INMATE INJURY SYSTEM › Section 125-160-0930 - Testimony of Witnesses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 hearings officer shall direct all scheduling and taking of testimony of
			 witnesses at the hearing. Witnesses shall be limited to people with direct
			 personal knowledge of the essential elements of the matters on appeal.
			 Witnesses and testimony shall only be received from those who, and whose
			 evidence, were made known to the Department in or between the filing of the
			 claim and the request for review. Testimony may be taken in person, by
			 telephone or by written report or statement. Testimony shall not be required in
			 support or explanation of any evidence that these rules say shall be presumed
			 true or constitute a rebuttable presumption. Reports of expert witnesses shall
			 be sufficient evidence instead of testimony.
(2) The claimant may request that the
			 hearings officer schedule witnesses to present testimony at the hearing. The
			 request shall:
(a) Be delivered in writing to
			 the hearings officer not less than 7 days before the scheduled
			 hearing,
(b) List the name and
			 address of each witness whose testimony is desired,
(c) Show the materiality of each
			 witness,
(d) Request that the
			 hearings officer schedule the testimony; and
(e) If claimant is not represented by
			 attorney, provide a list of questions the claimant wishes to be posed to each
			 witness.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 160 - ADMINISTRATION AND BENEFITS OF THE INMATE INJURY SYSTEM › Section 125-160-0940 - Documents & Physical Evidence

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The claimant may present any documents or
			 physical evidence permitted by these rules before or during the
			 hearing.
(2) Only the attending
			 physician may make medical findings and submit medical reports to the hearing.
			 Any other medical report or medical evidence from any other physician shall
			 only be submitted to the attending physician as the opinion of an advisory or
			 consulting physician. Reports of the attending physician shall suffice as
			 evidence in place of testimony.
(3)
			 The Department shall provide a copy of the records upon which it based its
			 decision. The Department may add summaries or explanations. Department reports
			 shall suffice as evidence in place of testimony.
(4) Making the reasons part of the record,
			 the hearings officer may exclude evidence upon finding that it would:
(a) Not assist him or her in finding whether
			 substantial evidence existed to support Department's decision; or
(b) Present an undue risk to the safe,
			 secure, or orderly operation of Corrections, specifically including the safety
			 and security of Corrections or Department employees and inmates.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 160 - ADMINISTRATION AND BENEFITS OF THE INMATE INJURY SYSTEM › Section 125-160-0950 - Hearings Conclusions and Record

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The hearing shall be held, and the
			 hearings officer shall seek, to determine whether the Department had
			 substantial evidence for its decision and whether its decision substantially
			 complied with these rules. The hearings officer shall then issue a
			 recommendation to the Department that it affirm, rescind, or modify its
			 decision.
(2) The hearings officer
			 shall deliver a hearing record to Department within 30 days after the hearing.
			 The record shall include:
(a) A copy of the
			 Department's decision;
(b) The
			 request for administrative review or appeal;
(c) The notice of hearing and
			 rights;
(d) The tape recording or
			 transcribed record of the hearing;
(e) Documents and other evidence relied upon;
			 and
(f) The hearings officer shall
			 prepare a proposed order which includes findings of fact, conclusions of law,
			 summary of evidence and exceptions, and the hearings officer's
			 recommendation.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 170 - ECONOMIC DEVELOPMENT FUND PROCESS › Section 125-170-0010 - Process for Allocating Available Moneys in the Administrative Services Economic Development Fund

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Department of Administrative Services will distribute lottery proceeds to
			 recipients on a quarterly basis. This allocation will be based on a plan
			 approved by the Chief Financial Office.
(2) If, in any quarter, the moneys
			 transferred from the State Lottery Fund to the Administrative Services Economic
			 Development Fund are insufficient to pay for the quarterly allocations, the
			 Department of Administrative Services shall allocate funds in the following
			 priority order:
(a) Satisfy current debt
			 service obligations for the Westside Light Rail (allocated in the first and
			 fifth quarters);
(b) Satisfy all
			 other current debt service obligations (allocated in the first and fifth
			 quarters);
(c) Satisfy all
			 Constitutionally mandated allocations.
(d) Satisfy all statutorily mandated
			 allocations.
(e) Satisfy all other
			 allocations on a proportional basis. Allocations in a particular quarter may be
			 based on the cash flow needs of the recipients. This may require deferring
			 allocations to a recipient in one quarter with the objective of funding the
			 full allocation during the balance of the biennium.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 180 - SHARED SERVICES FUND › Section 125-180-1010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules implement procedures for transferring moneys from
				the Shared Services Fund pursuant to ORS
				285C.635 and
				285C.639.
Stat. Auth.: ORS
				  184.340,
				  285C.615(7)
				  & 285C.635(4)
Stats. Implemented: ORS
				  285C.600 -
				  285C.626 &
				  285C.635
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 180 - SHARED SERVICES FUND › Section 125-180-1020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Average
			 Eligible Worker" means the average worker reported by Business Oregon as a new
			 hire or retained employee on a Strategic Investment Program (SIP) project.
(2) "Eligible Project" is a
			 project described in ORS
			 285C.600(2) for
			 which the Oregon Business Development Commission has reported new hires or
			 retained employees.
Stat. Auth.: ORS
				  184.340,
				  285C.615(7)
Stats. Implemented: ORS
				  285C.600 -
				  285C.626
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 180 - SHARED SERVICES FUND › Section 125-180-1030 - Employment Verification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department of Administrative Services may perform a verification of employment
			 associated with Strategic Investment Projects compiled by Business Oregon under
			 ORS 285C.615.
(2) The Department verification process may
			 include determination of project related employment through other Oregon
			 agencies:
(a) Department of Revenue,
(b) Employment Department, and
(c) Any other relevant agencies.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 180 - SHARED SERVICES FUND › Section 125-180-1040 - Personal Income Tax Estimate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The personal income tax estimate is
			 derived from:
(a) Reported number of workers
			 hired or retained as a result of investment in an eligible project under the
			 Strategic Investment Program ORS
			 285C.615; and
(b) The Department of Revenue's annual Oregon
			 Personal Income Tax Statistics (150-101-406) report.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 180 - SHARED SERVICES FUND › Section 125-180-1050 - Funds Transfer Request Form

Current through Register Vol. 63, No. 7, July 1, 2024
Counties with an approved Strategic Investment Project must
				submit a request for fund transfer, in an Agency approved format, to the
				Department of Administrative Services not later than July 1 following the
				completion of the relevant property tax year. The request for fund transfer
				must be delivered from the county commission chair or designee and shall
				include (unless otherwise provided in prior requests):
(1) Qualifying project name(s)
(2) Original Strategic Investment Program
			 agreement(s), and
(3) Local taxing
			 district distribution by percentage.
Stat. Auth.: ORS
				  184.340,
				  285C.615(7)
				  & 285C.635(4)
Stats. Implemented: ORS
				  285C.600 -
				  285C.626,
				  285C.635 &
				  285C.639
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 180 - SHARED SERVICES FUND › Section 125-180-1060 - Funds Distribution

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 department shall distribute moneys from the Shared Services Fund to the
			 eligible county annually.
(2)
			 Counties shall transfer funds to local taxing districts according to the
			 percentages derived from the personal income tax estimate provided in rule
			 125-180-1040.
Stat. Auth.: ORS
				  184.340,
				  285C.615(7)
				  & 285C.635(4)
Stats. Implemented: ORS
				  285C.600 -
				  285C.626,
				  285C.635 &
				  285C.639
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0100 - Application; Commentary; Federal Law Prevails

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These
			 Rules of the Department of Administrative Services (Department) are policy and
			 procedure that apply to public contracting by:
(a) Agencies subject to these
			 Rules;
(b) All contracting
			 agencies, as defined in ORS
			 279A.010; and
(c) All public agencies, as defined in ORS
			 279.835(4);
			 that are subject to the DAS Rules adopted under:
(A) Oregon Constitution, Article I, Section
			 41, subsection 11, related to the use of inmate labor (125-247-0200);
(B) ORS
			 200.005 through
			 200.200 related to Certification
			 Office for Business Inclusion and Diversity (COBID) certified firms (see OAR
			 125-246-0200  through 125-246-0220);
(C) ORS
			 279.835 through
			 279.855 related to qualified
			 nonprofit agencies for individuals with disabilities (see OAR 125-055-0005  through 125-055-0045);
(D) ORS
			 279A.140(2)(h)
			 related to personal services contracts (see OAR 125-246-0335  through
			 125-246-0353);
(E) ORS
			 279A.159 requiring education,
			 training or experience for persons that conduct procurements or administer
			 contracts for state contracting agencies (see OAR 125-246-0140);
(F) ORS
			 279A.250 through
			 279A.290 related to surplus
			 property (OAR 125-050-0100  through 125-050-0400; 125-247-0200); and
(G) 2015 Oregon Laws, Chapter 807 (HB 3099)
			 requirements for review or approval by the State Chief Information Officer of
			 any Procurement of Information Technology or Telecommunications (see OAR
			 125-247-0185; ORS 184.477;
			 279A.050;
			 279A.075;
			 279B.075).
(d) Unless required by a specific law, the
			 Secretary of State and State Treasurer are not subject to the Department Public
			 Contracting Rules or policies.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0120 - Policies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These Rules
			 simplify, clarify and modernize Public Contracting pursuant to ORS
			 279A.015(1).
(2) These Rules provide a foundation for
			 ethical and fair dealing in Public Contracting, designed to instill public
			 confidence pursuant to ORS
			 279A.015(2).
(3) The promotion of efficient use of
			 resources pursuant to ORS
			 279A.015(3)
			 includes but is not limited to Sustainability. Pursuant to ORS
			 184.421, "Sustainability" means
			 using, developing and protecting resources in a manner that enables people to
			 meet current needs and provides that future generations can also meet future
			 needs, from the joint perspective of environmental, economic and community
			 objectives. ORS 184.421(1) sets
			 forth the goals for the State of Oregon regarding Sustainability and provides
			 that in conducting internal operations, Agencies must, in cooperation with the
			 Department, seek to achieve the following objectives:
(a) State purchases should be made so as to
			 serve the broad, long term financial interests of Oregonians, including
			 ensuring that environmental, economic and societal improvements are made so as
			 to enhance environmental, economic and societal well-being;
(b) Investments in facilities, equipment and
			 durable goods should reflect the highest feasible efficiency and lowest life
			 cycle costs;
(c) Investments and
			 expenditures should help promote improvements in the efficient use of energy,
			 water and resources;
(d) State
			 operations and purchases should help maintain vital and active downtown and
			 main street communities;
(e) State
			 purchases should help support opportunities for economically distressed
			 communities and historically underemployed people;
(f) State operations should be conducted in
			 ways that significantly increase the efficient use of energy, water and
			 resources;
(g) State operations and
			 purchases should reflect the efficient use and reuse of resources and reduction
			 of contaminants released into the environment.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0130 - Application of the Code and Rules; Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Code,
			 Rules and Policies. Except as set forth in this Section and ORS
			 279A.025, an Agency must
			 exercise all rights, powers and Authority related to Public Contracting in
			 accordance with the Public Contracting Code, Rules, and applicable Department
			 policies (Policies).
(2) Exceptions
			 for Contracts and Grants. These Rules do not apply to the following:
(a) Contracts between Agencies;
(b) Contracts between Agencies and Public
			 Bodies;
(c) Contracts between
			 Agencies and the federal government;
(d) For Cooperative Procurements, any
			 contractual relationship described in Subsections (2)(a) through (c) of this
			 Rule. The Code, Rules, and policies apply to the contractual relationships
			 between the Agencies and Providers, other states, tribes, other nations, and
			 any of their public entities; and
(e) Grants.
(A) Agency as Recipient. If an Agency is a
			 recipient in an agreement with a grantor, the definition of Grant in ORS
			 279A.010 and OAR 125-246-0110  determines if the agreement is subject to the Code and these Rules. If the
			 grantor has substantial involvement in the program or activity of the Agency,
			 the agreement is not a Grant. The agreement is subject to the Code and these
			 Rules.
(B) Agency as Grantor. If an
			 Agency is a grantor in an agreement with a recipient, the definition of Grant
			 in ORS 279A.010 and OAR 125-246-0110  determines if the agreement is subject to the Code and these Rules. If the
			 Agency has substantial involvement in the program or activity of the Agency's
			 recipient, the agreement is not a Grant. The agreement is subject to the Code
			 and these Rules.
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0135 - Solicitation Templates; Contract Forms and Templates; Accountability for Advice (Director Verification)

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 See OAR 137-046-0140.
(2)
			 Regardless of OAR 137-046-0140, a State Contracting Agency, in Solicitation
			 documents, must comply with SB 471 (Chapter 294, 2019) regarding conflict
			 minerals.
Statutory/Other Authority: ORS
				  279A.065(5)(a)
				  & 279A.070
Statutes/Other Implemented: ORS
				  279A.157,
				  279A.161 & SB 471 (Chapter
				  294, 2019)
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0150 - Applicability of These Rules to Agencies

Current through Register Vol. 63, No. 7, July 1, 2024
Agencies subject to the Authority of the Director of the
				Department must follow these Rules. If an Agency is partially independent of
				the Authority of the Department and partially subject to the Authority of the
				Department, that Agency is responsible for obtaining any legal determination
				related to these Rules.
Statutory/Other Authority: ORS
				  279A.065(5)(a)
				  & 279A.070
Statutes/Other Implemented: ORS
				  279A.065
Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 246 - GENERAL PROVISIONS FOR PUBLIC CONTRACTING › Section 125-246-0165 - Delegation Policy and Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Generally.
(a) Purpose. This Rule describes the policy
			 and procedures related to the delegation of Authority under OAR 125-246-0170,
			 including but not limited to:
(A) Policy of
			 the Code;
(B) Individual
			 Representation;
(C) Forms of
			 Delegations and Revocations of Authority;
(D) Changes in Individual
			 Representation;
(E) Procedural
			 Requirements;
(F) Signature;
			 and
(G) Commitment of
			 Funds.