Oregon Administrative Code

585-005-0035 Preliminary Fitness Determination (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 determinati…

585-005-0040 Hiring or Appointing on a Preliminary Basis (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 unde…

585-005-0045 Final Fitness Determination (1) The Executive Director or an authorized designee shall make a fitness determination about a subject individual based on information provided by the subject individual under OAR 585-005-0030(1), the criminal records check(s) conducted, …

585-005-0050 Crimes Relevant to a Fitness Determination 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 …

585-005-0055 Incomplete Fitness Determination (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 …

585-005-0060 Appealing a Fitness Determination (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 Administr…

585-005-0065 Recordkeeping and Confidentiality (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…

585-005-0070 Authorized Designees (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 disc…

585-005-0075 Fees 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 of…

585-010-0020 Definition of Blindness for Vocational Rehabilitation 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 i…

585-010-0030 Disclosure and Use of Records Limited 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, r…

585-010-0040 Financial Support for Attendance at Institution of Higher Education (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), …

585-010-0050 Policies for Funding Self-Employment Business Ventures (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 …

585-015-0000 Introduction 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: …

585-015-0005 Definitions (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 Commissi…

585-015-0010 Licensing (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 …

585-015-0015 Vacancies (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 facil…

585-015-0020 Set-Aside Funds (1) ASSESSMENT - The standard set aside charge is eleven percent (11%) of a vending facility’s monthly net proceeds. (2) SET-ASIDE INCENTIVES - The Commission shall reduce the percentage of set aside collected from a vending facility manager, by the f…

585-015-0025 Responsibilities (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…

585-015-0030 Business Enterprise Consumer Committee (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 me…

585-015-0035 Dispute Resolution (1) Dispute Resolution Process – The dispute resolution process is a formal complaint process that should be utilized when a vending facility manager, or licensee, is unable to informally resolve their concerns. Multi-party complaints are prohibite…

585-015-0040 Vending Machine Income from Federal Property (1) Vending machine income from federal property which is retained by a State Licensing Agency shall be used by such agency for the establishment and maintenance of retirement or pension plans, for health insurance contrib…

585-015-0045 Statement of Full-Time Employment (1) Full-time employment for a vending facility manager is considered to be an average minimum of thirty (30) hours per week as represented by a vending facility manager fulfilling the following responsibilities: (a) Ensuring that th…

585-015-0050 Subcontracting (1) CRITERIA FOR APPROVAL - It is the intent of the Commission to fully support vending facility managers in their direct operation of their assigned vending facilities, and in compliance with the Statement of Full-Time Employment. In the following lim…

585-015-0055 Fair Minimum Return (1) The Fair Minimum Return policy is established to ensure that all vending facility managers earn at least a minimum amount of annual income. (2) The fair minimum return yearly income rate will be established annually, with the active participat…

585-020-0010 Definitions The following definitions apply to these rules: (1) "Client" means a person who has applied for and been accepted for services under the rules of Commission. (2) “Counselor” means the client’s assigned vocational rehabilitation counselor who is a staff me…

585-020-0015 Conditions Under Which Equipment May Be Provided (1) Vocational Training: (a) A Commission staff member or the client’s counselor in consultation with the client will perform an analysis prior to purchase of any equipment to identify the most appropriate equipment ne…

585-020-0020 Financing Equipment (1) Clients and their counselors will attempt to use all possible financial resources to pay for job-related equipment before seeking financial support from Commission. Potential resources may include: (a) Employer purchases equipment; (b) Client …

585-020-0025 Maintenance of Equipment (1) Commission may issue equipment for use by clients and provide for its maintenance while Commission retains ownership of the equipment. (2) If available, service or maintenance agreements may be considered when appropriate, depending on th…

585-020-0030 Property Receipts and Transfer of Ownership (1) Clients are required to sign property receipts for equipment provided to them with a cost of $5000 or more. Receipts verify that the client received the item and spell out the applicable conditions of these rules. (2) W…

585-020-0035 Responsibilities for Upgrading Equipment The client or their employer will be responsible for upgrading any equipment. If upgrading equipment is necessary for the client to perform in their job and it is determined that the financial resources of the client or their …

585-020-0040 Maintaining Equipment In cases where equipment is needed by a client or former client to maintain their job, the client’s counselor will request that the employer provide the equipment as they would for any other employee. If the employer is unwilling or unable to pr…

585-020-0045 Changing Jobs (1) If a client or former client changes from one job to another and needs additional or different equipment from the previous job to perform the new job, the counselor will assess the situation to determine whether such equipment will be provided by th…

585-020-0050 Considerations for Purchase of Computers or Computer Equipment (1) The agency will not buy the basic computer if it is a part of the job, which other employees at the same organization perform, unless it is impossible for the adaptive equipment to access already exis…

585-020-0060 Transfer of Equipment to Clients (1) For equipment valued at $5000 or more, the counselor has the discretion of transferring ownership at successful closure of the client’s file or after at least one year of employment. This will be done after it is determined that t…

585-030-0001 Dispute Resolution Procedure (1) It is the intent of the Oregon Commission for the Blind to resolve disputes between the Commission and its clients quickly and fairly. (2) Clients who are dissatisfied or disagree with a decision, action, or lack of action by the Comm…

585-030-0010 Definitions (1) “Action” means a decision by the Commission to deny, terminate, suspend, or reduce a client’s eligibility or services. Action may include the Commission’s delay in making a decision to deny, terminate, suspend, or reduce a client’s eligibility or serv…

585-030-0015 Informal Problem Solving and Referral to Client Assistance Program (1) Before a written Notice of Action is provided to the client, the client may request to engage in informal problem‐solving with their vocational rehabilitation counselor to resolve a dispute regard…

585-030-0020 Notice of Action and Notice of Procedural Rights (1) Commission shall provide the client with a written Notice of Action when it makes a decision to deny, terminate, or suspend a client’s eligibility or services. (2) The Notice of Action must include the following: (…

585-030-0025 Notice of Dispute Resolution Rights (1) An applicant or a person eligible for vocational rehabilitation services under ORS 346 may, after receiving a Notice of Action, request review of an action taken by Commission that affects the provision of vocational rehabilita…

585-030-0030 Request for Formal Mediation or Impartial Fair Hearing (1) A client who is dissatisfied with an action taken by Commission that affects their rights to, or eligibility for vocational rehabilitation services, may, after receiving a Notice of Action, request to partici…

585-030-0035 Continuation of Services Commission may not suspend, reduce, or terminate vocational rehabilitation services being provided to a client, including evaluation and assessment services and IPE development, pending problem-solving discussions, a resolution through formal…

585-030-0040 Formal Mediation (1) When Commission issues a Notice of Action, Commission and the affected client may agree to participate in formal mediation to resolve any issues relevant to the notice. Neither the party’s request, nor any agreement by Commission to participate i…

585-030-0045 Confidentiality and Inadmissibility of Mediation Communications Pursuant to ORS 36.224, Commission adopts by reference the Attorney General’s model rule on Mediation Confidentiality set forth in OAR 137-005-0052. Statutory/Other Authority: ORS 346.150 & ORS 36.224(4)…

585-030-0050 Impartial Fair Hearing In addition to the procedures set forth in the Attorney General’s Model Rules of Procedure for Contested Cases, and the procedures set forth in 29 USC § 722(c) and 34 C.F.R. § 361.57, the following shall apply to impartial fair hearings: (1) Co…

585-030-0055 Payment of Legal Fees and Transportation Costs Commission will not pay for attorney’s fees or transportation costs for an applicant for vocational rehabilitation services or for a client receiving vocational rehabilitation services in connection with formal mediation…

586-001-0000 Giving Reasonable Notice to Interested Persons on Any Proposal by the Fair Dismissal Appeals Board to Adopt, Amend, or Repeal Any Rule (1) Prior to the adoption, amendment, or repeal of any rule, other than a temporary rule which shall be adopted in accordance with O…

586-001-0005 Model Rules of Procedure Pursuant to ORS 183.341, the Board adopts the Attorney General's Uniform and Model Rules of Procedure under the Administrative Procedures Act, in effect on January 1, 2012, except those rules pertaining to contested cases. [ED. NOTE: The full…

586-010-0005 Purpose The purpose of these rules is to implement and give effect to the provisions of state law and to facilitate the organization and operation of the Fair Dismissal Appeals Board. Statutory/Other Authority: ORS 183 History: FDA 1-1985, f. 3-25-85, ef. 3-27-85 FDA…

586-010-0010 Membership Members shall be appointed by the Governor, as provided in ORS 342.930. Statutory/Other Authority: ORS 342 History: FDA 1-1985, f. 3-25-85, ef. 3-27-85 FDA 4, f. 3-11-74, ef. 4-11-74 FDA 2(Temp), f. & ef. 1-4-74