Oregon Administrative Code

581-075-0030 Compliance with Corrective Action for Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation (1) A district must complete any corrective action ordered by the Oregon Department of Education under OAR 581-075-0024 in a time and manner ordered by the d…

581-075-0040 Early Resolution of Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation by Taking Corrective Action (1) On any date preceding the date on which the Oregon Department of Education issues a final order or notice of compliance under OAR 581-075-0024,…

581-075-0045 Early Resolution of Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation through Settlement (1) On any date preceding the date on which the Oregon Department of Education issues a final order or notice of compliance under OAR 581-075-0024, the comp…

581-075-0050 Judicial Review and Reconsideration of Appeals Alleging Discrimination, Restraint and Seclusion, or Retaliation (1) Pursuant to ORS 183.484 and OAR 137-004-0080, a party may request reconsideration of a final order or notice of compliance issued by the Oregon Departm…

581-075-0200 Investigations of Potential Violations of Division 22 Standards (1) For purposes of OAR 581-075-0205 and this rule: (a) “Department” means the Oregon Department of Education. (b) “District” means a school district, education service district, public charter school, o…

581-075-0205 Appeals of Potential Violations of Division 22 Standards (1) The department will investigate a potential violation of a rule codified in Oregon Administrative Rules Chapter 581, Division 22, if a complainant files an appeal of a complaint initially filed with a distr…

581-075-0210 Judicial Review and Reconsideration of Orders Related to Division 22 Standards (1) Pursuant to ORS 183.484 and OAR 137-004-0080, a party may request reconsideration of a final order or notice of compliance issued by the Oregon Department of Education under OAR 581-07…

582-001-0010 Definitions for Chapter 582 The following definitions apply to each division in chapter 582 of the Oregon Administrative Rules unless otherwise indicated: (1) "Act" means Public Law No: 113-128, Title IV-Amendments to the Rehabilitation Act of 1973. (2) "Applicant" m…

582-010-0005 Statement of Policy (1) Clients of OVRS should receive community rehabilitation services from a broad range of providers of varied sizes and types, offering a wide scope of services. Availability of all types of community rehabilitation services is essential to estab…

582-010-0010 Definitions For the purposes of chapter 582, division 10 of the Oregon Administrative Rules, the following definitions apply: (1) "Accreditation" is the term signifying that a community rehabilitation program meets standards of performance set by an organization or m…

582-010-0015 Recognized Accreditation Methodologies for Providers of Community Rehabilitation Services When viewed in combination with applicable State Standards in these rules, OVRS recognizes the following accreditation options: (1) Accreditation by the Commission on Accreditat…

582-010-0020 Approval Policy for All Providers of Community Rehabilitation Services (1) Approval Required: No person or public or private organization shall, on behalf of OVRS, provide vocational rehabilitation services and receive vocational rehabilitation fees without first sub…

582-010-0021 Approval Policy for Category A Providers (1) Category A providers of community rehabilitation services are those providers exclusively paid by OVRS to provide the following listed services: (a) Medical, psychiatric, psychological, social, and vocational services that…

582-010-0022 Approval Policy for Category B Providers (1) Except as provided at OAR 582-010-0022(2), Category B providers of community rehabilitation services are those providers paid by OVRS to provide the following listed services: (a) Assessment for determining eligibility and…

582-010-0025 State Standards for Vendor Approval for Providers of Community Rehabilitation Services In addition to the vendor approval requirements of OAR 582-080, OVRS adopts the following State Standards as required assurances that services to individuals with disabilities are …

582-010-0030 Termination or Denial of Approval or Interim Approval (1) The decision to deny or terminate "Approval” or “Interim Approval" shall be made in writing by OVRS. This notice shall contain the reason, the effective date, any requirements for reinstatement if applicable, …

582-020-0005 Dispute Resolution, General (1) It is the intent of the Program to resolve disputes between the Program and its clients quickly and fairly. (2) Clients who are dissatisfied or disagree with a decision by Program personnel that affects the provision of vocational reha…

582-020-0010 Definitions (1) "Action" means a decision by the Program to deny, terminate, suspend, or reduce a client's eligibility or services. Action may include the Program's delay in making a decision to deny, terminate, suspend, or reduce a client's eligibility or services. …

582-020-0015 Problem Solving (1) A client may request that their Program counselor engage in problem-solving with the client to resolve a dispute regarding the client's vocational rehabilitation services. A Notice of Proposed Action is not required for the client to request probl…

582-020-0020 Notice of Dispute Resolution Rights (1) The Program shall provide a written Notice of Vocational Rehabilitation Dispute Resolution Rights (DHS 2872) to the client or, if appropriate, the client's representative: (a) At the time the client applies for vocational rehab…

582-020-0025 Notice of Action and Notice of Procedural Rights The Notice of Proposed Action must include the following: (1) The date the Notice of Proposed Action is mailed; (2) A short and plain statement about the action the Program intends to take, including citations to the r…

582-020-0030 Informal Dispute Resolution (1) When the client submits a request for mediation or a hearing, the parties may also request informal dispute resolution before the mediation or the hearing proceeds. A client does not need to request informal dispute resolution in order…

582-020-0035 Mediation and Hearing Requests (1) A client who is dissatisfied with a Program action may request mediation, a hearing, or both. The client may also simultaneously request informal dispute resolution. (2) The client shall use the Program-approved Mediation and Hearin…

582-020-0040 Continuation of Services The Program may not deny, terminate, suspend, or reduce vocational rehabilitation services being provided to a client, including evaluation and assessment services and individualized plan for employment (IPE) development, pending a resolution…

582-020-0045 Mediation (1) Participation in the mediation process is voluntary. If the Program declines to participate following a request for mediation under OAR 582- 020-0035, the Program shall provide written Notice of Proposed Action to the client that mediation is declined a…

582-020-0050 Impartial Due Process Hearing (1) The Program shall provide a written Notice of Procedural Rights to the client, or, the client's representative, prior to the commencement of the hearing. (a) The Notice of Procedural Rights shall include the information set forth in …

582-020-0055 Selection of Impartial Hearing Officer (1) Impartial Hearing Officers (IHOs) are assigned from a pool of qualified individuals who meet the requirements of OAR 582-020-0010(7) and who have been identified jointly by the Program and the State Rehabilitation Council. (…

582-020-0060 Prehearing Conferences (1) Prior to hearing, the Impartial Hearing Officer shall conduct at least one prehearing conference to facilitate the conduct and resolution of the case. Unless both parties agree that no conference is desired, the parties must attend and part…

582-020-0065 Impartial Hearing Officer Responsibility to Maintain a Hearing Record (1) The Impartial Hearing Officer (IHO) shall maintain an audio record of all prehearing conference events, whether by telephone, videoconference, or in person. (2) The Impartial Hearing Officer sh…

582-020-0070 Discovery (1) Before the hearing, the parties shall provide to the IHO and the other party a list of witnesses the party intends to call to testify at the hearing, and any documents that the parties intend to offer as evidence. The IHO may set a deadline to exchange …

582-020-0075 Program Representation during Impartial Hearings (1) The Program may be represented by an Assistant Attorney General. (2) Subject to the approval of the Attorney General, an employee of the Program is authorized to appear as the lay representative in hearings governe…

582-020-0080 Impartial Hearing Officer's Decision (1) The Impartial Hearing Officer's (IHO) decision shall be based on the approved State Plan, the federal Rehabilitation Act, federal vocational rehabilitation regulations, relevant state statutes, and the Program’s administrative…

582-020-0085 Program Appeals The Program Director or designee shall approve any decision by the Program to challenge a decision by an Impartial Hearing Officer, a reviewing official, or a court of law. Statutory/Other Authority: ORS 344.530(2), & 344.590 Statutes/Other Implemente…

582-020-0090 Formal Administrative Review (1) A party who is dissatisfied with the IHO’s decision may request a Formal Administrative Review (FAR) of the decision within 20 days from the mailing of the IHO’s decision, as described in OAR 582‐020‐0080(3). The request shall be in w…

582-020-0095 Civil Action Any party who disagrees with the reviewing official’s final order may bring a civil action with respect to the disputed action. The action may be brought in any state court of competent jurisdiction or in a district court of the United States of competen…

582-030-0000 General Provisions The purposes of this division are to: (1) Implement policies and procedures for the protection, use and release of personal information about individuals applying for or receiving Vocational Rehabilitation (Program) services, consistent with federa…

582-030-0005 Definitions The following definitions apply to each Rule in Division 30 unless otherwise indicated. (1) "Confidential Information" means any personally identifiable information acquired or developed by the Program, its staff or its representatives or that identifies …

582-030-0008 Billing Policy and Procedures (1) An individual or an individual's representative, including Disability Rights Oregon’s Client Assistance Program (CAP) representing that individual, may request a copy of information from the individual’s files at no cost once every 1…

582-030-0010 Program Uses and Disclosures (1) All personally identifiable information about an individual that is obtained, generated by, or made available to the Program, its representative or employees, shall be protected, and held confidential. The information is the property …

582-030-0020 Release of Information to Other Agencies, Organizations, or Authorities (1) Form 2099 (Authorization for Use and Disclosure of Health Information), or other sufficient written authorization, shall be used to obtain client permission to release or obtain client inform…

582-030-0025 Subpoenas (1) The Director is the official custodian of all records for the Program. Any subpoena for release of an Program records shall be directed to the Director at the Program’s central administration. (2) A subpoena generated or authorized by an individual part…

582-030-0030 Release to Clients, Parents, Guardians and Legal Representatives (1) Upon written request using DHS Form 2093, or its equivalent, the requested information from the Program case file shall be released to the individual or, as appropriate, the individual's representat…

582-030-0040 Exceptions to Written Consent Requirements (1) The following reporting and response to investigations are required: (a) The Program employees shall report to the appropriate authorities abuse of individuals age 65 and over, (see ORS 124.060), under the age of 18, (se…

582-030-0050 The Individual’s Right to Amend Records (1) An individual who believes that information in the record of services is inaccurate or misleading may request the Program to amend the information. The Program is not required to amend the record of services. If the Program…

582-050-0000 Referrals and Applications (1) Referrals to and applications for vocational rehabilitation services provided by the Program shall be handled promptly and equitably. (2) The Program shall establish timelines for making a good faith effort to inform individuals referre…

582-050-0005 Trial Work Experiences and Extended Evaluations (1) Trial work experiences for individuals with significant disabilities. (a) Prior to any determination that an individual with a disability is incapable of benefiting from vocational rehabilitation services in terms o…

582-050-0010 General Provisions (1) Eligibility requirements are applied without regard gender, race, creed, color, religion, ethnicity or national origin, nature or severity of disability, age, sexual orientation, residency or political ideation. Unless otherwise stated in the c…

582-050-0020 Criteria Applicants must meet the following conditions before they may be "eligible" for Vocational Rehabilitation Services: (1) A determination by qualified personnel that the applicant has a physical or mental impairment. (2) A determination by qualified personnel …

582-050-0050 Citizenship Citizenship is not a requirement for eligibility. A person may be eligible for Vocational Rehabilitation Services if he/she meets the basic criteria for eligibility in chapter 582, division 50 of the Oregon Administrative Rules and he/she is: (1) In the U…

582-050-0060 Residency (1) There is no requirement for duration of residence in Oregon as part of the determination of eligibility. (2) OVRS may provide services to an otherwise eligible individual, available and able to participate in services leading to an employment outcome, i…