Oregon Administrative Code

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…

582-060-0010 Termination of Services Because of Ineligibility (1) Case closure shall occur when OVRS determines that the individual does not meet one or more of the following eligibility criteria: (a) No disabling condition; (b) No impediment to employment; (c) Does not require v…

582-060-0020 Termination of Services After Eligibility (1) Termination of Services — 'Other Than Rehabilitated'. (a) The office may close an individual's file when the individual fails to achieve an employment outcome for the following reasons: (A) Death; (B) Ineligibility; (C) E…

582-070-0010 General Policy NOTE: For community rehabilitation programs and medical or related services refer also to OAR 582-010, 582-075 and 582-080. It is the policy of the OVRS to reimburse vendors who provide previously-authorized services and/or supplies to persons who qual…

582-070-0020 Specific Policies Specific rules pertain to the provision of the following services: (1) Academic and vocational training. The Program may authorize training services considered necessary to achieve the employment outcome specified in the individualized plan for empl…

582-070-0025 Vehicle repair, insurance, modification and purchase (1) Definitions. In addition to terms defined in OAR 582-001-0010, the following definitions apply to this rule: (a) "ASE Certified Mechanic" means a mechanic who has fulfilled the voluntary requirements for certif…

582-070-0030 Limitations of Payments NOTE: For medical and related services refer also to OAR 582-075 and 582-080; and, for providers of community rehabilitation services refer also to OAR 582-010. (1) Payment in Full: Vendors providing any services authorized by the Program shal…

582-070-0040 Repossession/Disposition of Non-Expendable Property (1) For tools, supplies, equipment, vehicles, etc., funded by OVRS and needed by the individual for employment at time of closure as employed (from Individualized Plan for Employment or post-employment services), ow…

582-070-0041 Self Employment Including Micro-Enterprises Self-employment is an employment option that offers people with disabilities an opportunity to enter the labor market and contributes to self-sufficiency and independence. Self-employment, including micro-enterprises, shoul…

582-070-0042 Definitions The following definitions apply to Rules 582-070-0041 through 582-070-0044: (1) "Business plan" means a document that describes the organization and operation of the proposed business. It is prepared by the individual, with assistance, as needed, from the…

582-070-0043 Nature and Scope of OVRS Services/Role of the Vocational Rehabilitation Counselor and the Individualized Plan for Employment (1) The primary role of the Vocational Rehabilitation Counselor when assisting the individual in obtaining self-employment is to address the i…

582-070-0044 Funding Requirements for a Viable Business Plan (1) Under most circumstances, OVRS should not be considered a primary resource for the capital required for a self-employment venture. When no comparable benefits and services are available, OVRS may fund reasonable and…

582-072-0005 Definitions The following definitions apply: (1) “Customized Employment” means competitive integrated employment, for an individual with a significant disability that is: (a) Based on an individualized determination of the strengths, needs, and interests of the indiv…

582-072-0010 General provisions for supported employment (1) Supported employment shall be competitive integrated employment, consistent with the unique strengths, resources, concerns, abilities, capabilities, interests, and informed choice of an individual with a most significan…

582-072-0015 Eligibility for supported employment services (1) The Program may provide supported employment services to any individual, including a youth with a disability, when: (a) The individual is determined eligible for vocational rehabilitation services in accordance with 3…

582-072-0020 Supported employment services (1) "Supported employment services" means ongoing support services, including customized employment, needed to support and maintain an individual with a most significant disability in supported employment, that are: (a) Provided singly o…

582-072-0030 Stabilization of employment and transition to extended services (1) Stabilization of employment is reached when: (a) The participant is working the hours per week identified in the individualized plan for employment (IPE) or close to the number with plans to increase…

582-072-0035 Extended services for youth with a most significant disability (1) "Extended services" means ongoing support services and other appropriate services that are: (a) Needed to support and maintain an individual with a most significant disability, including a youth with …

582-072-0040 Supported employment outcome The participant who is employed in competitive integrated employment shall be considered to have achieved a supported employment outcome when: (1) Participant has completed supported employment services; and (2) Participant received up to…

582-072-0045 Supported employment closure (1) Closing the record of services of a participant who has achieved an employment outcome of competitive integrated employment shall happen when documentation in the client's file shows that: (a) Case closure requirements of 34 CFR §361.…

582-072-0050 Supported employment post-employment services (1) Shall be only those needed services that are unavailable from an extended services provider; and (2) Shall meet rehabilitation needs that do not require a complex and comprehensive provision of services (34 CFR §361.4…

582-072-0070 General requirements for customized employment for participants who receive supported employment or supported self-employment services (1) Customized employment shall be competitive integrated employment that is: (a) Based on an individualized and documented determin…

582-075-0010 General Policy (1) The Office of Vocational Rehabilitation Services (OVRS) does not have the authority to reimburse vendors for the cost of goods and services if OVRS has not authorized payment prior to the provision of goods and services. OVRS shall reject all charg…

582-075-0020 Definitions (1) "Brief narrative," as used in division 075, means a document from a treating vendor that summarizes client treatment to date and current status; responds briefly to 3–5 specific questions posed by OVRS, if any; and is usually one or two pages. (2) "Co…