OAR Chapter 582 — Department of Human Services, Vocational Rehabilitation Services

Division 1 DEFINITIONS

Or. Admin. R. 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" means an individual who submits an application for vocational rehabilitation services in accordance with 34 CFR §361.41(b)(2).

(3) “Apprenticeship” means a job that allows an individual to earn money while gaining skills and experience through both technical instruction and hands-on training.

(4) “Appropriate modes of communication” means specialized aids and supports that enable an individual with a disability to comprehend and respond to information that is being communicated. Appropriate modes of communication include, but are not limited to, the use of interpreters, open and closed captioned videos, specialized telecommunications services and audio recordings, Brailled and large print materials, materials in electronic formats, augmentative communication devices, graphic presentations, and simple language materials.

(5) "Assessment for determining eligibility and vocational rehabilitation needs" means, as appropriate in each case—

(a)(A) A review of existing data—

(i) To determine if an individual is eligible for vocational rehabilitation services; and

(ii) To assign priority for an order of selection described in 34 CFR §361.36 in the States that use an order of selection; and

(B) To the extent necessary, the provision of appropriate assessment activities to obtain necessary additional data to make the eligibility determination and assignment;

(b) To the extent additional data are necessary to make a determination of the employment outcomes and the nature and scope of vocational rehabilitation services to be included in the individualized plan for employment of an eligible individual, a comprehensive assessment to determine the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, including the need for supported employment, of the eligible individual. This comprehensive assessment—

(A) Is limited to information that is necessary to identify the rehabilitation needs of the individual and to develop the individualized plan for employment of the eligible individual;

(B) Uses as a primary source of information, to the maximum extent possible and appropriate and in accordance with confidentiality requirements—

(i) Existing information obtained for the purposes of determining the eligibility of the individual and assigning priority for an order of selection described in 34 CFR §361.36 for the individual; and

(ii) Information that can be provided by the individual and, if appropriate, by the family of the individual;

(C) May include, to the degree needed to make such a determination, an assessment of the personality, interests, interpersonal skills, intelligence and related functional capacities, educational achievements, work experience, vocational aptitudes, personal and social adjustments, and employment opportunities of the individual and the medical, psychiatric, psychological, and other pertinent vocational, educational, cultural, social, recreational, and environmental factors that affect the employment and rehabilitation needs of the individual;

(D) May include, to the degree needed, an appraisal of the patterns of work behavior of the individual and services needed for the individual to acquire occupational skills and to develop work attitudes, work habits, work tolerance, and social and behavior patterns necessary for successful job performance, including the use of work in real job situations to assess and develop the capacities of the individual to perform adequately in a work environment; and

(E) To the maximum extent possible, relies on information obtained from experiences in integrated employment settings in the community and in other integrated community settings;

(c) Referral, for the provision of rehabilitation technology services to the individual, to assess and develop the capacities of the individual to perform in a work environment; and

(d) An exploration of the individual's abilities, capabilities, and capacity to perform in work situations, which must be assessed periodically during trial work experiences, including experiences in which the individual is provided appropriate supports and training.

(6) “Assistive technology” means technology designed to be utilized in an assistive technology device or assistive technology service. (See also, Section 3, Assistive Technology Act of 1998 (29 U.S.C. 3002))

(7) “Assistive technology device” means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of an individual with a disability, except that the reference to the term individuals with disabilities shall mean more than one individual with a disability as defined in paragraph (20)(A) of the Act. (See also Section 3, Assistive Technology Act of 1998 (29 U.S.C. 3002))

(8) "Assistive technology service" means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes--

(a) The evaluation of the assistive technology needs of an individual with a disability, including a functional evaluation of the impact of the provision of appropriate assistive technology and appropriate services to the individual in the customary environment of the individual;

(b) A service consisting of purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by individuals with disabilities;

(c) A service consisting of selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, replacing, or donating assistive technology devices;

(d) Coordination and use of necessary therapies, interventions, or services with assistive technology devices, such as therapies, interventions, or services associated with education and rehabilitation plans and programs;

(e) Training or technical assistance for an individual with a disability or, where appropriate, the family members, guardians, advocates, or authorized representatives of such an individual;

(f) Training or technical assistance for professionals (including individuals providing education and rehabilitation services and entities that manufacture or sell assistive technology devices), employers, providers of employment and training services, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities; and

(g) A service consisting of expanding the availability of access to technology, including electronic and information technology, to individuals with disabilities.

(9) “Auxiliary aids and services” mean:

(a) Qualified interpreters on-site or through video remote interpreting (VRI) services; note takers; real-time computer-aided transcription services, written materials, exchange of written notes, telephone handset amplifiers, assistive listening devices, assistive listening systems, telephones compatible with hearing aids, closed caption decoders, open and closed captioning, including real-time captioning, voice, text, and video-based telecommunications products and systems, including text telephones (TTYs), videophones, and captioned telephones, or equally effective telecommunications devices, videotext displays; accessible electronic and information technology, or other effective methods of making aurally delivered information available to individuals who are deaf or hard of hearing,

(b) Qualified readers, taped texts, audio recordings, Brailled materials and displays, screen reader software, magnification software, optical readers, secondary auditory programs (SAP), large print materials, accessible electronic and information technology, or other effective methods of making visually delivered materials available to individuals who are blind or have low vision,

(d) Other similar services and actions.

(10) “Benefits Planning” means services that provide eligible individuals entitled to Social Security benefits under Titles II or XVI of the Social Security Act with information on assistance and supports available to individuals desiring to enter the workforce. These services are intended to help these individuals understand the implications of employment for continued receipt of their benefits so that they can make a fully informed choice of an employment goal.

(11) “Best Practice” means promising vocational rehabilitation service delivery practices commonly seen as effective when working with specified populations of individuals with disabilities that help improve employment outcomes of people with disabilities.

(12) “Case Service Record” means the case service record documents the application for and provision of vocational rehabilitation and supported employment services to individuals with disabilities, including program outcomes. An individual may have multiple service records resulting from repeated involvement with the vocational rehabilitation and supported employment programs. Also referred to as service record or record of service (34 CFR §361.47 Record of services), file, record, case, hard copy file, electronic file, or ORCA file.

(13) “CFR” means the Code of Federal Regulations.

(14) “Client Assistance Program” (CAP) means a federally-funded program authorized under 34 CFR §370 that is independent of the Program and its purpose is to provide information, advocacy, and legal representation to individuals seeking Program services.

(15) “Closure” means an applicant’s or participant’s record of services shows an end to vocational rehabilitation services and the applicant’s or participant’s exit from the program.

(16) “Community Rehabilitation Program” (CRP) means:

(a) A vendor that provides directly or facilitates providing one or more of the following vocational rehabilitation services to individuals with disabilities:

(A) Medical, psychiatric, psychological, social, and vocational services that are provided under one management.

(B) Testing, fitting, or training in the use of prosthetic and orthotic devices.

(D) Physical and occupational therapy.

(E) Speech, language, and hearing therapy.

(F) Psychiatric, psychological, and social services, including positive behavior management.

(G) Assessment for determining eligibility and vocational rehabilitation needs,

(H) Rehabilitation technology.

(I) Job development, placement, and retention services.

(J) Evaluation or control of specific disabilities.

(K) Orientation and mobility services for individuals who are blind.

(L) Psychosocial rehabilitation services.

(M) Supported employment services and extended services.

(N) Customized employment.

(O) Services to family members if necessary, to enable the applicant or eligible individual to achieve an employment outcome.

(P) Personal assistance services.

(Q) Services similar to the services described in paragraphs (A) through (P) of this definition.

(b) For the purposes of this definition, “vendor” means an agency, organization, or institution that provides directly or facilitates the provision of vocational rehabilitation services as one of its major functions.

(17) “Comparable services and benefits” mean services and benefits that are:

(a) Provided or paid for, in whole or in part, by other Federal, State, or local public agencies, health insurance, or employee benefits;

(b) Available to the individual at the time needed to ensure the progress of the individual toward achieving the employment outcome in the individual's individualized plan for employment in accordance with 34 CFR §361.53;

(d) Includes accommodations and auxiliary aids.

(e) For the purposes of this definition, comparable services and benefits does not include awards and scholarships based on merit.

(18) “Competitive integrated employment” means work that—

(a) Is performed on a full-time or part-time basis (including self-employment) and for which an individual is compensated at a rate that-

(A) Is not less than the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the rate required under the applicable State or local minimum wage law for the place of employment;

(B) Is not less than the customary rate paid by the employer for the same or similar work performed by other employees who are not individuals with disabilities and who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills; and

(C) In the case of an individual who is self-employed, yields an income that is comparable to the income received by other individuals who are not individuals with disabilities and who are self-employed in similar occupations or on similar tasks and who have similar training, experience, and skills; and

(D) Is eligible for the level of benefits provided to other employees; and

(b) Is at a location—

(A) Typically found in the community; and

(B) Where the employee with a disability interacts for the purpose of performing the duties of the position with other employees within the particular work unit and the entire work site, and, as appropriate to the work performed, other persons (e.g., customers and vendors), who are not individuals with disabilities (not including supervisory personnel or individuals who are providing services to such employee) to the same extent that employees who are not individuals with disabilities and who are in comparable positions interact with these persons; and

(c) Presents, as appropriate, opportunities for advancement that are similar to those for other employees who are not individuals with disabilities and who have similar positions.

(19) “Comprehensive Statewide Assessment” means the results of a comprehensive, statewide assessment, jointly conducted by the Program and the State Rehabilitation Council every three years. Results of the assessment shall be included in the vocational rehabilitation portion of the Unified or Combined State Plan, submitted in accordance with the requirements of 34 CFR §361.10(a) and the joint regulations of this part.

(20) “Department” means the Department of Human Services.

(21) “Director” means the Director of Vocational Rehabilitation.

(22) “Due Process” is the process by which Program applicants or participants who are dissatisfied or disagree with a decision that affects the provision of vocational rehabilitation services may pursue a review.

(23) “Educational goal” means the participant’s next educational or training milestone along the educational path they hope to achieve in the next year and leads to an employment goal or outcome listed in the individualized plan for employment.

(24) “Educational outcome” means the logical endpoint or conclusion of the current educational goal.

(25) “Eligible individual” means an applicant for vocational rehabilitation services who meets the eligibility requirements of 34 CFR §361.42(a).

(26) “Employment outcome” with respect to an individual, entering, advancing in, or retaining full-time or, if appropriate, part-time competitive integrated employment, as defined in 34 CFR §361.5 (c)(9) (including customized employment, self-employment, telecommuting, or business ownership), or supported employment as defined in 34 CFR §361.5(c)(53), that is consistent with an individual’s unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

(27) “Entity” means an employer, or a contractor or subcontractor of that employer, that holds a special wage certificate described in section 14(c) of the Fair Labor Standards Act of 1938 (FLSA).

(28) “Essential functions” mean the tasks that must be performed, because:

(a) The position, or business, exists to perform a particular function; or

(b) There is evidence to support a determination that a job function is considered essential because of the experience of others doing the same kind of work; judgement of experts in the field; or consequences of not performing the function.

(29) “Evidence-based practices” means a program or instructional practice with evidence that:

(a) The practice model has gone through rigorous research and has demonstrated a record of success, and

(b) There is reliable, trustworthy, and valid evidence that exists which demonstrates the practice effectiveness.

(30) “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 a most significant disability, in supported employment;

(b) Organized or made available, singly or in combination, in such a way as to assist an eligible individual in maintaining supported employment;

(d) Provided by a State agency, a private nonprofit organization, employer, or any other appropriate resource, after an individual has made the transition from support from the designated State unit; and

(e) Provided to a youth with a most significant disability by the Program in accordance with requirements set forth in 34 CFR §361 and 34 CFR §363 for a period not to exceed four years, or at such time that a youth reaches age 25 and no longer meets the definition of a youth with a disability under 34 CFR §361(c)(58), whichever occurs first. The Program may not provide extended services to an individual with a most significant disability who is not a youth with a most significant disability.

(31) “Family member,” for purposes of receiving vocational rehabilitation services in accordance with 34 CFR §361.48, means an individual

(a) Who is either:

(A) A relative or guardian of an applicant or eligible individual; or

(B) Lives in the same household as an applicant or eligible individual; and,

(b) Who has a substantial interest in the well-being of that individual; and

(c) Whose receipt of vocational rehabilitation services is necessary to enable the applicant or eligible individual to achieve an employment outcome.

(32) “Federal Fiscal Year” (FFY) means the period beginning on October 1 and ending on September 30.

(33) “Federal Minimum Wage” means the rate applicable under section 6(A)(1) of the Fair Labor Standards Act (FLSA).

(34) “Individualized Education Program” (IEP) means a written statement for each child with a disability that is developed, reviewed, and revised in accordance with section 614(d) of the Individuals with Disabilities Education Act (IDEA).

(35) “Indian; American Indian; Indian American; Indian Tribe” mean an individual who is a member of an Indian tribe and also includes a Native and a descendant of a Native, as such terms are defined in subsections (b) and (r) of section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).

(36) “Indian tribe” means any Federal or State Indian tribe, band, rancheria, pueblo, colony, or community, including any Alaskan native village or regional village corporation (as defined in or established pursuant to the Alaska Native Claims Settlement Act) and a tribal organization as defined in section 4(1) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450(b)(1).

(37) “Individual who is blind” means an individual who is blind within the meaning of applicable State law (ORS §346.120).

(38) “Information and Referral” means an information and referral system that ensures individuals with disabilities, including eligible individuals who do not meet the Program's order of selection criteria for receiving vocational rehabilitation services if the agency is operating on an order of selection, who do not meet the Program‘s eligibility criteria, or are earning subminimum wage are provided:

(a) Accurate vocational rehabilitation information and guidance using appropriate modes of communication to assist them in preparing for, securing, retaining, advancing in, or regaining employment; and

(b) Referral to other appropriate Federal and State programs, including other components of the statewide workforce development system, and;

(c) The Program shall ensure referral to appropriate programs and service providers best suited to address the specific rehabilitation, independent living and employment needs of an individual with a disability who makes an informed choice not to pursue an employment outcome under the vocational rehabilitation program.

(39) “Individual with a disability” means an individual, except as provided in section (48):

(a) Who has a physical or mental impairment; and

(b) Whose impairment constitutes or results in a substantial impediment to employment; and

(40) “Individual with a disability” for purposes of 34 CFR §§361.5(c)(13), 361.13(a), 361.13(b)(1), 361.17(a), (b), (c), and (j), 361.18(b), 361.19, 361.20, 361.23(b)(2), 361.29(a) and (d)(8), and 361.51(b), means an individual who:

(a) Has a physical or mental impairment that substantially limits one or more major life activities;

(b) Has a record of the impairment; or

(41) “Individual with a most significant disability” means an eligible individual who:

(a) Has a severe mental or physical impairment that seriously limits two or more functional capacities in mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills in terms of an employment outcome; and

(b) Is expected to require two or more vocational rehabilitation services over an extended period of time to achieve or maintain a successful employment outcome.

(42) “Individual with a significant disability” means an individual with a disability:

(a) Who has a severe physical or mental impairment that seriously limits one or more functional capacities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome;

(b) Whose vocational rehabilitation can be expected to require multiple services over an extended period of time; and

(c) Who has one or more physical or mental disabilities resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental illness, multiple sclerosis, muscular dystrophy, musculo-skeletal disorders, neurological disorders (including stroke and epilepsy), spinal cord conditions (including paraplegia and quadriplegia), sickle cell anemia, intellectual disability, specific learning disability, end-stage renal disease, or another disability or combination of disabilities determined on the basis of an assessment for determining eligibility and vocational rehabilitation needs to cause comparable substantial functional limitation.

(43) “Individualized Plan for Employment” (IPE) means a plan for attaining the individual’s vocational objective

(44) “Individual’s representative” means any representative chosen by an applicant or eligible individual, as appropriate, and may include a parent, guardian, other family member, or advocate. If a representative has been appointed by a court, the court appointed representative is the individual’s representative.

(45) “Informed Choice” means that individual who are applicants for vocational rehabilitation services or eligible individuals receiving such services shall be active and full partners throughout the vocational rehabilitation process.

(a) Program participants shall have the opportunity to make meaningful decisions during assessment for eligibility and in the selection of the employment outcome, services needed to achieve the outcome, service providers, and method of securing services.

(b) The Program shall provide information and support services sufficient to inform each applicant and eligible individual about the availability of and opportunity to exercise informed choice.

(46) “Integrated setting” means

(a) With respect to the provision of services, a setting typically found in the community in which applicants or eligible individuals interact with nondisabled individuals other than nondisabled individuals who are providing services to those applicants or eligible individuals; and

(b) With respect to an employment outcome, means a setting:

(A) Typically found in the community; and

(B) Where the employee with a disability interacts, for the purpose of performing the duties of the position, with other employees within the particular work unit and the entire work site, and appropriate to the work performed, other individuals (e.g., customers and vendors) who are not individuals with disabilities (not including supervisory personnel or individuals who are providing services to the employee) to the same extent that employees who are not individuals with disabilities and who are in comparable positions interact with these individuals.

(47) “Maintenance” means monetary support provided to an individual for expenses, such as food, shelter, and clothing, that are in excess of the individual’s normal expenses and that are necessitated by the individual's participation in an assessment for determining eligibility and vocational rehabilitation needs or the individual's receipt of vocational rehabilitation services under an individualized plan for employment.

(48) "Parent or Guardian" means an individual having legal responsibility for the overall welfare and well-being of an individual under age 18 or an individual, if over age 18, is adjudicated legally incapacitated.

(49) “Participant” means

(a) A reportable individual who has been determined eligible for Program services, and is in need of, and can benefit from, rehabilitation services to assist in achieving an employment outcome.

(b) This does not include students with disabilities that have only been determined potentially eligible for Pre-Employment Transition Services.

(50) “Personal assistance services” means a range of services, including, among other things, training in managing, supervising, and directing personal assistance services, provided by one or more persons, that are—

(a) Designed to assist an individual with a disability to perform daily living activities on or off the job that the individual would typically perform without assistance if the individual did not have a disability;

(b) Designed to increase the individual's control in life and ability to perform everyday activities on or off the job;

(d) Provided only while the individual is receiving other vocational rehabilitation services. The services may include training in managing, supervising, and directing personal assistance services.

(51) “Physical or mental impairment” means

(a) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological, musculo-skeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine; or

(b) Any mental or psychological disorder such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

(52) “Post-employment services” means one or more of the services identified in 34 CFR §361.48(b) that are:

(a) Provided subsequent to the achievement of an employment outcome and are necessary for an individual to maintain, regain, or advance in employment, consistent with the individual’s unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

(b) Available to meet rehabilitation needs that do not require a complex and comprehensive provision of services and,

(53) “Prior approval” means a request in writing is made in advance of the activity, obligation, or expenditure for all Program services including assessment.

(54) “Program" means Oregon Vocational Rehabilitation.

(55) “Qualified Personnel” means an individual licensed or certified by the state or who maintains an equivalent licensure or certification from another state to make the diagnosis of an applicant’s impairment.

(56) “Qualified Rehabilitation Personnel” means a description of the minimum academic and experience requirements for Program professionals and paraprofessionals as amended by Workforce Innovation and Opportunity Act.

(57) ‘‘Recognized Postsecondary Credential’’ means a credential consisting of an industry-recognized certificate or certification, a certificate of completion of an apprenticeship, a license recognized by the State involved or Federal Government, or an associate or baccalaureate degree.

(58) “Record of services” see “Service Record”.

(59) “Rehabilitation engineering” means the systematic application of engineering sciences to design, develop, adapt, test, evaluate, apply, and distribute technological solutions to problems confronted by individuals with disabilities in functional areas, such as mobility, communications, hearing, vision, and cognition, and in activities associated with employment, independent living, education, and integration into the community.

(60) “Rehabilitation technology” means the systematic application of technologies, engineering methodologies, or scientific principles to meet the needs of, and address the barriers confronted by, individuals with disabilities in areas that include education, rehabilitation, employment, transportation, independent living, and recreation. The term includes rehabilitation engineering, assistive technology devices, and assistive technology services.

(61) “Reportable individual” means an individual who has taken action that demonstrates an intent to use program services and who meets specific reporting criteria of the program, including:

(a) Individuals who have an approved and signed IPE; and

(b) Individuals who have begun to receive services.

(62) “Reservation” means a Federal or State Indian reservation, a public domain Indian allotment, a former Indian reservation in Oklahoma, and land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); or a defined area of land recognized by a State or the Federal Government where there is a concentration of tribal members and on which the tribal government is providing structured activities and services.

(63) “School Dropout” means an individual who is no longer attending any school and who has not received a secondary school diploma or its recognized equivalent.

(64) “Section 504 Student with a disability” assures that students with disabilities covered by Section 504 of the Rehabilitation Act are not discriminated against and are assured their civil rights.

(a) A student is entitled to a Section 504 Accommodation Plan if they have been identified and the valuation shows that the individual has a mental or physical impairment that substantially limits one or more major life activities.

(b) This determination is made by a team of knowledgeable individuals, including the parents, who are familiar of the student and his/her disability.

(65) “Self-Employment” means one individual owning and controlling the operations and management of an enterprise that reflects the owner’s skills, interests, and preferred work environment.

(66) “Sole local agency” means a unit or combination of units of general local government or one or more Indian tribes that has the sole responsibility under an agreement with, and the supervision of, the State agency to conduct a local or tribal vocational rehabilitation program, in accordance with the vocational rehabilitation services portion of the Unified or Combined State Plan.

(67) “Special wage certificate” means a certificate issued to an employer under section 14(c) of the Fair Labor Standards (29 U.S.C. 214(c)) and 29 CFR part 525 that authorizes payment of subminimum wages, wages less than the statutory federal minimum wage, to workers with disabilities for the work being performed.

(68) "State plan" means the State plan for vocational rehabilitation services submitted by the Program under 34 CFR §361.10.

(69) “State Fiscal Year” means the period beginning on July 1 and ending on June 30.

(70) “Student with a disability” means an individual with a disability in a secondary, postsecondary, or other recognized education program who:

(a) Is generally not younger than 16 but may be as young as 14 years of age as determined by the Oregon Department of Education; and

(b) Is not older than 21 years of age; and,

(A) Is eligible for, and receiving, special education or related services under Part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.); or,

(B) Is a student who is an individual with a disability, for purposes of section 504, or

(71) “Substantial impediment to employment” means a physical or mental impairment that, in light of medical, psychological, vocational, educational, communication, and other related factors, hinders an individual from preparing for, entering into, engaging in, advancing in, or retaining employment consistent with the individual's unique strengths, resources, priorities, concerns, abilities and capabilities.

(72) “Transition services” means a coordinated set of activities for a student or youth with a disability—

(a) Designed within an outcome-oriented process that promotes movement from school to post-school activities, including postsecondary education, vocational training, competitive integrated employment, supported employment, continuing and adult education, adult services, independent living, or community participation;

(b) Based upon the individual student's or youth's needs, taking into account the student's or youth's preferences and interests;

(c) That includes instruction, community experiences, the development of employment and other post-school adult living objectives, and, if appropriate, acquisition of daily living skills and functional vocational evaluation;

(d) That promotes or facilitates the achievement of the employment outcome identified in the student's or youth's individualized plan for employment; and

(e) That includes outreach to and engagement of the parents, or, as appropriate, the representative of such a student or youth with a disability.

(73) “Transportation” means travel and related expenses that are necessary to enable an applicant or eligible individual to participate in a vocational rehabilitation service, including expenses for training in the use of public transportation vehicles and systems.

(74) “Unemployed Individual’’ means an individual who is without a job and who wants and is available for work. The determination of whether an individual is without a job, for purposes of this section, shall be made in accordance with the criteria used by the Bureau of Labor Statistics of the Department of Labor in defining individuals as unemployed.

(75) “Vocational rehabilitation services” means as appropriate to the vocational rehabilitation needs of each individual and consistent with each individual's informed choice, services that are available to assist the individual with a disability in preparing for, securing, retaining, or regaining an employment outcome that is consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

(a) If provided to an individual, means those services listed in 34 CFR §361.48 and

(b) If provided for the benefit of groups of individuals, also means those services listed in 34 CFR §361.49.

(76) “Vocational rehabilitation training” means skill training in which the basis and focus of the training is individualized or customized. Vocational rehabilitation training may include focus on disability related issues as those issues impact the skills training. Vocational rehabilitation training may include, but is not limited to:

(a) Supported employment;

(b) Disability and related skills training;

(d) One-on-one specialized business training provided to individuals who are working to establish their own business;

(e) Customized training offered by an employer to a group of individuals for the purpose of training and possibly hiring the individuals.

(77) “Vocational training” means skills training for a specific occupation.

(78) “Youth with a disability” means an individual with a disability who is not younger than 14 years of age and not older than 24 years of age.

(79) “Youth with disabilities” means more than one youth with a disability.

History

Statutory/Other Authority: ORS 344.530
Statutes/Other Implemented: ORS 344.530, 344.550, 344.560, 344.570 & 344.590
VRS 2-2020, amend filed 02/14/2020, effective 02/28/2020
VRS 1-2014, f. 12-30-14, cert. ef. 1-1-15
VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11
Reverted to VRS 2-2009, f. & cert. ef. 3-27-09
VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11
VRS 2-2009, f. & cert. ef. 3-27-09
VRS 4-2008(Temp), f. 12-18-08, cert. ef. 12-19-08 thru 6-16-09
VRS 3-2008, f. & cert. ef. 4-10-08
VRS 2-2008, f. & cert. ef. 3-3-08
VRS 1-2008, f. & cert. ef. 2-4-08
VRS 2-2005, f. 4-20-05, cert. ef. 7-1-05
VRS 5-2004, f. & cert. ef. 8-5-04

Division 10 STATE STANDARDS FOR PROVIDERS OF COMMUNITY REHABILITATION SERVICES

Or. Admin. R. 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 establishing and maintaining a statewide network of vocational rehabilitation services.

(2) OVRS promotes the quality of community rehabilitation services by providing standards for its direct client service providers who have no other state mandated licensing and monitoring requirements.

(3) OVRS promotes the availability, relevance and quality of community rehabilitation services through a flexible yet thorough process of approval tailored to utilization needs identified locally and reflected in the State Plan.

(4) The inclusion of a provider of community rehabilitation services on the OVRS list of approved vendors does not commit OVRS to utilize the available services.

(5) OVRS does not provide any provider of community rehabilitation services with a guarantee of a total dollar commitment or number of total client referrals during any specific time frame except if determined as a condition of a cooperative agreement for implementing a federal grant or service contract.

(6) Providers of community rehabilitation services are expected to fully inform OVRS clients of the purpose and results of all service delivery efforts made on their behalf.

(7) Providers of community rehabilitation services performing job development or placement tasks should only refer OVRS clients to appropriate previously-agreed on employment opportunities.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 344.530
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
Reverted to VRS 2-2003, f. & cert. ef. 12-31-03
Suspended by VRS 1-2009(Temp), f. & cert. ef. 2-11-09 thru 8-9-09
VRS 2-2003, f. & cert. ef. 12-31-03
VRD 3-1993, f. & cert. ef. 10-15-93
VRD 1-1992, f. & cert. ef. 1-30-92
VRD 2-1980, f. & ef. 7-2-80
VRD 5-1978, f. 4-20-78, ef. 5-1-78
VRD 24, f. & ef. 9-29-76
VRD 17, f. 8-28-74, ef. 9-25-74

Or. Admin. R. 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 methodology listed in these rules.

(2) "Approval" is a term signifying that OVRS standards for vendor selection are met, and the vendor may be utilized by a local OVRS office to provide OVRS purchased services for individuals with disabilities.

(3) "Certification" refers to the acknowledgment by OVRS that the CRP has completed required application procedures and, if applicable, met specific accreditation standards.

(4) "Department of Administrative Services" (DAS) refers to the administrative unit of the State of Oregon that is responsible for setting certain standards that apply to all state vendors and whose standards may apply to OVRS vendors.

(5) "Interim Approval" refers to the authority of OVRS to approve a CRP and purchase its services within a limited time period while an application for CRP vendor "Approval" or "Certification" is being processed.

(6) "Rehabilitation Facility" refers to a CRP or unit of a larger organization that meets the definition for a CRP and that is operated for the primary purpose of providing vocational rehabilitation services to individuals with disabilities and that provides singularly or in combination, one or more of the services listed in OAR 582-001-0010(10).

(7) "State Standards for Vendor Approval" refers to a set of criteria, applied as appropriate to the type of program and used by OVRS to evaluate a provider's operation and to determine whether the provider may be listed as an approved vendor. State Standards are in addition to any federal requirements in the Rehabilitation Act or regulations and shall for CRPs, at a minimum and as appropriate, relate to physical plant, health and safety, production, insurance, physical accessibility, organization, fiscal management, personnel, program management, client issues, program evaluation, human rights (including the safeguarding of confidential information about clients), and community relations.

(8) "Statement of Assurances and Conditions" means a document executed and signed by a provider of community rehabilitation services attesting to an understanding of and intent to comply with applicable criteria in these rules and any attending policy for implementing these rules.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 344.530
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
Reverted to VRS 5-2004, f. & cert. ef. 8-5-04
Suspended by VRS 1-2009(Temp), f. & cert. ef. 2-11-09 thru 8-9-09
VRS 5-2004, f. & cert. ef. 8-5-04
VRS 2-2003, f. & cert. ef. 12-31-03
VRD 3-1993, f. & cert. ef. 10-15-93
VRD 1-1992, f. & cert. ef. 1-30-92
VRD 2-1980, f. & ef. 7-2-80
VRD 5-1978, f. 4-20-78, ef. 5-1-78
VRD 17, f. 8-28-74, ef. 9-25-74

Or. Admin. R. 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 Accreditation of Rehabilitation Facilities (CARF).

(2) Accreditation by the Rehabilitation Services Accreditation System (RSAS).

(3) Certification by Department of Human Services, Seniors and People with Disabilities for employment services under OAR 309-047-0000 through 309-047-0140, or as Support Service Brokerages or Provider Organizations under 411-340-0010 through 411-340-0180 for adults with developmental disabilities.

(4) As appropriate, for an individual providing community rehabilitation services, certification by the Commission on Rehabilitation Counselor Certification (CRCC) or by the Workers' Compensation Division of the Oregon Department of Consumer and Business Services.

(5) Accreditation by the Northwest Association of Schools and Colleges (NASC) if clear evidence of relationship to OAR 582-010-0025 is provided.

(6) Registration or certification by the Child Care Division of the Oregon Department of Employment.

(7) Accreditation by other organizations approved by OVRS demonstrating an ability to evaluate based upon State Standards in OAR 582-010-0025.

(8) For providers of vocational rehabilitation services other than vocational, personal and/or work adjustment, skill training, work readiness retention, job development, or extended employment, accreditation may be by a recognized accrediting organization or methodology within the field of expertise of the provider.

(9) An out-of-state CRP may be accredited by an approved organization or by current placement on the approved CRP vendor list of that state’s vocational rehabilitation agency.

History

Statutory/Other Authority: ORS 344.530
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
Reverted to VRS 2-2003, f. & cert. ef. 12-31-03
Suspended by VRS 1-2009(Temp), f. & cert. ef. 2-11-09 thru 8-9-09
VRS 2-2003, f. & cert. ef. 12-31-03
VRD 3-1993, f. & cert. ef. 10-15-93
VRD 1-1992, f. & cert. ef. 1-30-92
VRD 2-1980, f. & ef. 7-2-80
VRD 5-1978, f. 4-20-78, ef. 5-1-78
VRD 24, f. & ef. 9-29-76
VRD 17, f. 8-28-74, ef. 9-25-74

Or. Admin. R. 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 submitting all required application materials and being placed on the Approved Vendor List of OVRS.

(2) At the discretion of OVRS, separate approvals may be required for separate sites and/or for different programs operated under the same management.

(3) Approvals under OAR 582-010-0020 are valid for a period of two years, with the exception of Interim Approvals, which are valid for the term or condition stated. Prior to the expiration of a two-year approval, a provider of community rehabilitation services must reapply for approval.

(4) OVRS may require full or partial reapplication when a CRP undergoes significant changes in its management or operation.

(5) Providers of community rehabilitation services that are individuals or sole proprietors without employees/contractors who provide direct services to OVRS clients must qualify under state law as independent contractors but do not have to provide verification of accreditation.

(6) A notice of approval or denial for "Approved” or “Interim Approval" status will be provided in writing to the CRP within 30 days of OVRS receipt of requirements stated in this rule.

(7) It is the responsibility of the provider of community rehabilitation services to assure that the requirements of OAR 582-010-0020 are fully met at all times.

(8) A provider of community rehabilitation services and any other vendor required under chapter 582 of the Oregon Administrative Rules to complete a Criminal History Check may be placed temporarily on the Approved Vendor List by the CRP Coordinator if the circumstances justify a temporary approval. The temporary approval may be terminated by OVRS at any time and shall expire automatically once DHS completes the criminal history check process.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 344.530
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
Reverted to VRS 5-2004, f. & cert. ef. 8-5-04
Suspended by VRS 1-2009(Temp), f. & cert. ef. 2-11-09 thru 8-9-09
VRS 5-2004, f. & cert. ef. 8-5-04
VRS 2-2003, f. & cert. ef. 12-31-03
VRD 3-1993, f. & cert. ef. 10-15-93
VRD 1-1992, f. & cert. ef. 1-30-92
VRD 2-1980, f. & ef. 7-2-80
VRD 5-1978, f. 4-20-78, ef. 5-1-78
VRD 17, f. 8-28-74, ef. 9-25-74

Or. Admin. R. 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 are provided under one management;

(b) Evaluation or control of specific disabilities;

(d) Recreational therapy;

(e) Speech, language and hearing therapy;

(f) Psychiatric, psychological and social services, including positive behavior management;

(g) Psychosocial rehabilitation services

(h) Rehabilitation technology;

(i) Testing, fitting, or training in the use of prosthetic and orthotic devices;

(j) Personal assistance services;

(k) Child care: or

(l) Professionals or entities licensed by a state or federal agency (excluding OVRS), acting within the scope of their license, and providing any services covered by OAR 582-010-0022(1).

(2) In addition to compliance with any other applicable requirements in chapters 407 and 582 of the Oregon Administrative Rules, these providers are eligible for the approved vendor list if they maintain compliance with the relevant licensing or certifying body.

(3) Providers of child care who are not eligible to apply for registration with the Child Care Division of the Employment Department under OAR 414-205-0000 may be placed on the Approved Vendor List if they successfully complete a Criminal History Check from either DHS or the Child Care Division of the Employment Department.

(4) Providers of personal assistance services who are not qualified or certified providers for this service under Chapter 411 of the Oregon Administrative Rules may be placed on the Approved Vendor List if they successfully complete a DHS Criminal History Check.

(5) OVRS requires that providers of child care and providers of personal assistance services who are required by this rule to satisfy criminal history check requirements shall also comply with DHS criminal history check requirements with respect to each new employee or volunteer who will provide “care” (as defined at OAR 407-007-0210(4)) to OVRS clients prior to the start of care for an OVRS client. Prior to reapplication for the Approved Vendor List, these providers may be required by OVRS to repeat a criminal history check as a result of information received about vendor qualifications, behavior or performance.

History

Statutory/Other Authority: ORS 344.530
Statutes/Other Implemented: ORS 344.530 & 344.550
Reverted to VRS 5-2004, f. & cert. ef. 8-5-04
Suspended by VRS 1-2009(Temp), f. & cert. ef. 2-11-09 thru 8-9-09
VRS 5-2004, f. & cert. ef. 8-5-04

Or. Admin. R. 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 vocational needs, including technicians for assessment tests;

(b) Job development, placement, and retention services;

(d) Extended employment;

(e) Supported employment services and extended services;

(f) Services to family members (except child care) when necessary to the vocational rehabilitation of the individual; and

(g) Services similar to the services described in OAR 582-010-0022(1)(a)–(g), including vendors who provide training, write resumes, consult on self-employment plans, assist with a self-employed business, or write PASS plans.

(2) Professionals licensed by a state or federal agency (excluding OVRS), acting within the scope of their license, and providing any services listed in OAR 582-010-0022(1) shall be regulated as Category A providers and not subject to 582-010-0022. The CRP Coordinator may exempt an employer from the rules in division 582-010 for services provided to a specific client that are not services for which the employer would be reimbursed on a routine basis.

(3) Except as provided in OAR 582-010-0022(8), Category B providers are eligible for the approved vendor list if they meet all of the following criteria prior to providing any services to OVRS or its clients in addition to compliance with any other applicable requirements in chapters 407 and 582 of the OARs:

(a) Submit materials required as part of the OVRS application process;

(b) Submit proof of insurance at the level established under Department of Administrative Services guidelines;

(d) Successfully complete the criminal history check requirements.

(A) OVRS requires that Category B providers complete criminal history checks at the time of application for placement on the Approved Vendor List and re-application for placement on the Approved Vendor List; and to complete a DHS criminal history check if required by OVRS as a result of information received about vendor qualifications, behavior or performance.

(B) At the time of application or re-application for placement on the Approved Vendor List, OVRS also requires that Category B providers complete criminal history checks with respect to all employees and volunteers who provide “care” (as defined at OAR 407-007-0210(4)) to OVRS clients.

(C) OVRS further requires that Category B providers complete criminal history checks with respect to each new employee or volunteer who will provide “care” (as defined at OAR 407-007-0210(4)) to OVRS clients prior to the start of care for an OVRS client.

(4) Providers of Category B community rehabilitation services that are non-profit or for-profit organizations, or sole proprietorships with employees/contractors who provide direct services to OVRS clients must provide verification of accreditation or proof of a pending application for accreditation.

(5) A Statement of Assurances and Conditions must be provided and signed by the designated representative of the provider, and reviewed mutually by OVRS and the provider for compliance and continued applicability, and must include:

(a) A description of the scope and nature of service(s), conditions, criteria and procedure under which each service is provided, and rates of payment for each approved service or group of services;

(b) A statement that prior authorization must be secured in writing from the referring counselor or other appropriate representative of OVRS before client services are provided at a cost to the local OVRS office;

(d) Assurances that the provider will compile and submit, as required by OVRS, pertinent process and outcome data concerning the service(s) or groups of services provided; and

(e) Assurances that pertinent program and fiscal records shall be accessible for necessary review and/or audit by or for OVRS.

(6) Interim Approval may be granted to a CRP that has filed the necessary forms to obtain accreditation and is waiting for final "Approval.” If "Approval" has been delayed due to reasons of the accreditation body, an extended period of "Interim Approval" may be granted upon receipt of verification from the accreditation body that the delay is not the result of the CRPs failure to address deficiencies in a timely manner.

(7) If OVRS funds are available, grants may be awarded to CRPs who qualify under OAR 582-010-0022(4), unless prohibited by another rule, to assist with meeting CRP "Approval" requirements or to expand resources and services that will be made available to OVRS clients. Application for a grant must be made in writing and contain at a minimum:

(a) A description of the deficiency which prevents the CRP from gaining "Approval" status and how the funds will be used to address the deficiency, or a description of the desired resource or service expansion that the funds will provide along with a demonstration of need by OVRS for such resources or services;

(b) A detailed budget for the use of the grant funds; and

(c) Assurance that the CRP is prepared to assume all costs associated with maintaining a non-deficient status, and ongoing costs to maintain the new resources or services.

(8) Vendors that only provide training, write resumes, consult on self-employment plans, assist with a self-employed business, or write PASS Plans and who have no in-person contact with any OVRS clients are exempt from the criminal records check and insurance requirements of this rule.

History

Statutory/Other Authority: ORS 344.530
Statutes/Other Implemented: ORS 344.530 & 344.550
Reverted to VRS 5-2004, f. & cert. ef. 8-5-04
Suspended by VRS 1-2009(Temp), f. & cert. ef. 2-11-09 thru 8-9-09
VRS 5-2004, f. & cert. ef. 8-5-04

Or. Admin. R. 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 provided in a safe environment and in compliance with applicable state, federal and local laws, rules or regulations. Approval methods will evaluate each applicant's ability to assure compliance with each of the following standards that, for the purposes of these rules, apply to the type of provider being evaluated:

(1) Physical Plant Standards. Provides services in an environment that meets accessibility requirements, is free of known health or safety hazards and in a site(s) which serves to support the accomplishment of its defined purpose(s).

(2) Health and Safety Standards. Meets all applicable governmental requirements, including OSHA standards for the Department of Labor; secures regular inspections and consultations (if applicable) from persons with expertise; and, has an organized internal health and safety program (if applicable).

(3) Production Standards. When work opportunities are directly provided to individuals with disabilities: Establishes production and payment practices which maximize earning potential; assures fair and equitable wages; meets minimum expectations for working hours and conditions; and maintains all applicable certification and documentation for the Wage and Hour Division, U.S. Department of Labor.

(4) Insurance Standard. Maintain required workers' compensation insurance and applicable levels of vehicle, general and (if required) professional liability insurance protection, adequate to compensate staff and workers with disabilities for injuries and damages for which the organization may be liable.

(5) Physical Accessibility Standard. Complies with Section 504 of the Rehabilitation Act, the Architectural Barriers Act of 1968, the Uniform Accessibility Standards and their implementing standards in 41 CFR Part 101-19.6, the American National Standards Institute No. A117-1-1986, and applicable sections of the Americans with Disabilities Act (ADA).

(6) Organizational Standard. The CRP is structured to achieve its stated mission, secure all licenses or permits to do business within its jurisdiction(s) and scope of operation, plan and monitor the efficiency and effectiveness of services, and maintain records and reports that reflect the operation and provision of services and the organization's status.

(7) Fiscal Management Standard. Fiscal affairs relative to provision of rehabilitation services are managed in a manner consistent with its stated purposes and in accordance with a standard of sound business practices and legal requirements, including assurances that any state or federal audit and reporting requirements are met.

(8) Personnel Standard. As applicable, maintains competent qualified staff and written agency personnel policies which support the provision of services essential to the achievement of defined individual and program goals. The provider, when providing client transportation, ensures use of qualified, licensed vehicle operators and appropriate, safe vehicles. Criminal background check has been conducted on required staff/employees and has such on record according to DHS, state, federal and local laws, rules or regulations. When providing medical and related health services, ensures such services are prescribed by or under the formal supervision of persons licensed by the state to prescribe or supervise the provision of these services. Maintains pertinent professional and business licensure or certification as appropriate to the type of program or service(s) provided to clients.

(9) Program Management Standard. Ensures that services provided are individually tailored and coordinated in order to enhance each client's employment independence, integration, and/or productivity as identified within each Individualized Plan for Employment and through client participation in service planning, implementation and evaluation, using language or mode of communication most compatible with the individual client's abilities and culture.

(10) Program Evaluation Standard. Utilizes an approved method to enable it to identify the results of services to individuals with disabilities against established goals. Provides timely reports to OVRS of such information, and by such means, as OVRS may require for evaluation of ongoing program effectiveness, costs, and appropriateness of services provided by the provider.

(11) Human Rights Standard. Ensures, in its policies and practices, compliance with all laws and regulations dealing with non-discrimination, human and civil rights (including ADA), personal dignity and choice, and confidentiality.

(12) Community Relations Standard. The provider bases its program on documented evidence of the needs of prospective and current clients and maintains effective communications to assure that the programs and services are responsive and appropriately utilized.

(13) Code of Conduct Standard. Fully informs OVRS clients of the purpose and results of all service delivery efforts made on their behalf. The provider is respectful, inclusive, and accommodating of OVRS clients regardless of disability.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 344.530
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
Reverted to VRS 5-2004, f. & cert. ef. 8-5-04
Suspended by VRS 1-2009(Temp), f. & cert. ef. 2-11-09 thru 8-9-09
VRS 5-2004, f. & cert. ef. 8-5-04
VRS 2-2003, f. & cert. ef. 12-31-03
VRD 3-1993, f. & cert. ef. 10-15-93
VRD 1-1992, f. & cert. ef. 1-30-92
VRD 2-1980, f. & ef. 7-2-80
VRD 5-1978, f. 4-20-78, ef. 5-1-78
VRD 26, f. & ef. 7-1-77
VRD 24, f. & ef. 9-29-76
VRD 17, f. 8-28-74, ef. 9-25-74

Or. Admin. R. 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, and the appeals process.

(2) OVRS will provide compensation for verifiable, authorized services provided by the provider of community rehabilitation services prior to the effective date of termination.

(3) No OVRS funds will be provided for services or grant activities after the effective date as stated in the OVRS notice.

(4) OVRS may provide a 30-day notice of termination or denial where any of the following reasons apply:

(a) Mutual agreement;

(b) Failure to provide or complete the required application;

(d) Failure to meet a service commitment.

(5) OVRS may terminate or suspend an approval without 30-days notice for any of the following reasons:

(a) Engagement in or toleration of sexual harassment of any kind toward a client, i.e., deliberate or repeated comments, gestures or physical contact of sexual nature;

(b) Violation of any applicable federal, state or civil rights law;

(d) Acting alone or engaging in collusion to withhold information, or submit false or misleading documentation in order to generate payment;

(e) Acting alone or engaging in collusion to violate any OVRS Administrative Rule (chapter 582);

(f) Instructing any individual to engage in behavior contrary to the requirements of OVRS Administrative Rules (chapter 582); or

(g) Engagement in any behavior or comments likely to cause public embarrassment to OVRS clients.

(6) An informal appeal of a decision to deny or terminate approval may be made to the OVRS Administrator within 30 days of the date of the written decision.

History

Statutory/Other Authority: ORS 344.530
Statutes/Other Implemented: ORS 344.530 & 344.550
Reverted to VRS 5-2004, f. & cert. ef. 8-5-04
Suspended by VRS 1-2009(Temp), f. & cert. ef. 2-11-09 thru 8-9-09
VRS 5-2004, f. & cert. ef. 8-5-04
VRS 2-2003, f. & cert. ef. 12-31-03

Division 20 DISPUTE RESOLUTION AND REVIEW OF DETERMINATIONS OF REHABILITATION SERVICES

Or. Admin. R. 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 rehabilitation services to them shall have available a range of dispute resolution options, including problem solving, informal resolution, mediation, impartial due process hearing, and formal administrative review.

(3) The Program shall inform clients about the range of dispute resolution options available and their right to seek the assistance of the Client Assistance Program.

(4) The dispute resolution process is framed by the approved State Plan, the Rehabilitation Act of 1973 as amended (29 U.S.C. 701 et seq.), federal vocational rehabilitation regulations, relevant state statutes, the Administrative Procedures Act, and the Program’s administrative rules and policies. The Program has not adopted the Model Rules of Procedure for Contested Cases OAR 137‐003‐0000 to 137‐003‐0700.

(5) In the dispute resolution process clients must:

(a) Cooperate with scheduled meetings;

(b) Attend scheduled meetings and hearing related proceedings;

(d) Reasonably provide relevant information as requested.

History

Statutory/Other Authority: ORS 344.530 & 344.590
Statutes/Other Implemented: ORS 344.530, 344.550 & 344.590
VRS 3-2020, amend filed 02/21/2020, effective 03/06/2020
VRS 1-2004, f. & cert. ef. 1-30-04

Or. Admin. R. 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.

(2) "Client" means an applicant or eligible individual of the Program.

(3) "Delay" means:

(a) The Program failed to make a decision regarding an action within the timeframes specified in state or federal law; or

(b) If state or federal law does not impose a time limit, the client has made a dated, written request for a decision regarding a Program action and the Program has unreasonably delayed in making that decision.

(4) "Due Process" means the process by which Program applicants or participants who are dissatisfied or disagree with a decision that affects the provision of vocational rehabilitation services may pursue a review.

(5) "Final Order" means the written final Program action. Final order does not include any tentative or preliminary Program declaration or statement that precedes the final Program action.

(6) "Formal Administrative Review (FAR)" means an impartial review by a reviewing official of the Impartial Hearing Officer's decision issued after the hearing.

(7) "Good Cause" means due to unforeseen circumstances beyond the party’s control.

(8) "Impartial Hearing Officer (IHO)" means an individual who:

(a) Is not an employee of a public agency, other than an administrative law judge, hearing examiner, or employee of an institution of higher educations;

(b) Is not a member of the State Rehabilitation Council;

(d) Has knowledge of the delivery of vocational rehabilitation services, the vocational rehabilitation services portion of the State Plan, and the Federal and State regulations governing the provision of services;

(e) Has received training with respect to the performance of official duties; and

(f) Has no personal, professional, or financial interest that could affect the individual's objectivity.

(g) An individual is not considered to be an employee of a public agency for purposes of this definition because the individual is paid by the agency to serve as a hearing officer.

(9) "Informal Dispute Resolution" means discussions with the Program about the resolution of a mediation or hearing request. Informal dispute resolution may occur at any time after a client files a request for mediation or hearing and, before a final mediation agreement has been signed or an order has been issued by the Impartial Hearing Officer (IHO).

(10) "Impartial due process hearing or hearing" means a contested case hearing conducted by an Impartial Hearing Officer (IHO) to review the Program's proposed action.

(11) "Mediation" means the act or process of using a qualified and impartial third party to act as mediator, intermediary, or conciliator to assist individuals or parties in settling differences or disputes.

(12) "Notice of Proposed Action (NOPA)" means a formal written document informing the individual of a decision by the Program to deny, terminate, suspend, or reduce a client's eligibility or services.

(13) "Party" means, for purposes of the dispute resolution process, the Program and the client.

(14) "Problem-solving" means an informal process where the client discusses dissatisfaction with an action with the client's counselor, the counselor's supervisor, or other assigned Program employee. Problem-solving occurs before the client requests informal dispute resolution, mediation or a hearing. The client must request mediation or a hearing in order to preserve the client's appeal rights.

(15) "Qualified and impartial mediator" means an individual who:

(a) Is not an employee of a public agency, other than an administrative law judge, hearing examiner, employee of a State office of mediators, or employee of an institution of higher education;

(b) Is not a member of the State Rehabilitation Council;

(d) Is knowledgeable of the vocational rehabilitation program and the applicable Federal and State laws, regulations, and policies governing the provision of vocational rehabilitation services;

(e) Has been trained in effective mediation techniques consistent with any State-approved or recognized certification, licensing, registration, or other requirements; and

(f) Has no personal, professional, or financial interest that could affect the individual's objectivity during the mediation proceedings.

(g) An individual is not considered to be an employee of the Program for the purposes of this definition solely because the individual is paid by the Program to serve as a mediator.

(16) "Representative" means an individual who represents the client or the Program in an impartial fair hearing. The client may be represented by an attorney licensed by the Oregon State Bar or any other representative authorized by law, including but not limited to the Client Assistance Program. The Program may be represented by the Attorney General's office or by a Program lay representative.

(17) "Reviewing Official" means the individual who conducts the impartial administrative review of the Impartial Hearing Officer’s (IHO) decision if a party is dissatisfied with that decision. The reviewing official shall be the Director, or designee, of the Department of Human Services. The designee may not be an employee of the Program, or an individual previously involved in the vocational rehabilitation of the client, or an individual with a personal or financial conflict of interest.

(18) "Unable to locate or contact the individual" means the Program has made a good faith effort to reach the individual using different appropriate modes of communication over a reasonable period and has not been able to locate or contact the individual.

History

Statutory/Other Authority: ORS 344.530(2) & 344.590
Statutes/Other Implemented: ORS 183.310 - 183.550, 344.511 - 344.690 & 344.710 - 344.730
VRS 1-2023, amend filed 03/31/2023, effective 04/14/2023
VRS 3-2020, amend filed 02/21/2020, effective 03/06/2020
VRS 1-2004, f. & cert. ef. 1-30-04
VRD 1-1998, f. & cert. ef. 2-26-98
VRD 4-1997, f. & cert. ef. 11-20-97
VRD 2-1993, f. & cert. ef. 9-15-93
VRD 1-1990, f. & cert. ef. 11-26-90
VRD 21, f. & ef. 3-5-76

Or. Admin. R. 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 problem-solving. For purposes of this rule, a dispute does not necessarily involve a Program action that entitles the client to mediation or hearing rights.

(2) The Program may include a supervisor or other assigned Program employee in the meeting to resolve the issue. The client may have a representative or support person present during the discussions.

(3) Both parties must agree to participate in problem-solving. The Program may decline to participate in problem-solving if the client refuses to cooperate in scheduling or to participate in a meeting to discuss the dispute, or the same dispute has been resolved by the dispute resolution process and no further appeal rights are available, or prior attempts to resolve the dispute have been unproductive.

(4) Problem-solving may occur at any time prior to the client requesting a hearing or mediation. A client's request to engage in problem-solving does not exempt the client from complying with applicable legal timeframes to request a hearing or mediation.

History

Statutory/Other Authority: ORS 344.530 & 344.590
Statutes/Other Implemented: ORS 344.530, 344.550 & 344.590
VRS 1-2023, amend filed 03/31/2023, effective 04/14/2023
VRS 3-2020, amend filed 02/21/2020, effective 03/06/2020
VRS 5-2004, f. & cert. ef. 8-5-04
VRS 1-2004, f. & cert. ef. 1-30-04

Or. Admin. R. 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 rehabilitation services;

(b) At the time the client is assigned to a category during an order of selection;

(d) Whenever vocational rehabilitation services are denied, terminated, suspended, or reduced.

(2) The Notice of Vocational Rehabilitation Dispute Resolution Rights shall include the following information:

(a) Statement about the continuum of dispute resolution processes available to the client, including problem-solving, informal dispute resolution, mediation and an impartial due process hearing;

(b) Where and how to file the request, including the names and addresses of individuals with whom requests may be filed, and relevant timeframes;

(d) The availability of the Client Assistance Program to assist the client with mediation or a hearing, including contact information;

(e) That interpreters and materials in alternative formats are available, if needed.

History

Statutory/Other Authority: ORS 344.530(2) & 344.590
Statutes/Other Implemented: ORS 183.310 - 183.550, 344.511 - 344.690 & 344.710 - 344.730
VRS 1-2023, amend filed 03/31/2023, effective 04/14/2023
VRS 3-2020, amend filed 02/21/2020, effective 03/06/2020
VRS 1-2004, f. & cert. ef. 1-30-04
VRD 4-1997, f. & cert. ef. 11-20-97
VRD 2-1993, f. & cert. ef. 9-15-93
VRD 1-1990, f. & cert. ef. 11-26-90
VRD 1-1981, f. & ef. 12-1-81
VRD 21, f. & ef. 3-5-76

Or. Admin. R. 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 regulations, rules, statutes or policies involved;

(3) Statement about the reason for the action;

(4) Statement indicating whether and under what circumstances an order by default may be entered;

(5) A description of the procedure and time to request a hearing.

(6) Statement of the authority of the Program; and,

(7) The information provided in the Vocational Rehabilitation Dispute Resolution Rights.

History

Statutory/Other Authority: ORS 344.530 & 344.590
Statutes/Other Implemented: ORS 344.511 ‐ 344.690
VRS 1-2023, amend filed 03/31/2023, effective 04/14/2023
VRS 3-2020, adopt filed 02/21/2020, effective 03/06/2020

Or. Admin. 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 to request mediation or a hearing.

(2) The client may have a representative in the informal dispute resolution process.

(3) The Program retains the right to appoint representation as deemed appropriate.

(4) The Program may decline to participate in informal dispute resolution if the client refuses to cooperate in scheduling or participating in a meeting to discuss the action, the same action has been resolved by the dispute resolution process and no further appeal rights are available, or prior attempts to resolve the disputed action have been unsuccessful.

(5) If the subject of the mediation or hearing request is resolved through the informal dispute resolution process, the resolution shall be confirmed in writing by the parties, and:

(a) The client shall withdraw the request for mediation or a hearing; or

(b) If the client fails to withdraw the request for hearing, the Program, if the matter has not yet been assigned to an Impartial Hearing Officer, or the Impartial Hearing Officer, if the matter has already been assigned, shall issue an order dismissing the client's hearing request.

(6) If the client or the Program is represented in the informal dispute resolution process, all settlement offers must be communicated to the party's representative.

(7) A client's request to engage in informal dispute resolution process does not extend the applicable legal timeframes to hold the hearing or to resolve the mediation, unless the parties agree to an extension for specific period.

History

Statutory/Other Authority: ORS 344.530 & 344.590
Statutes/Other Implemented: ORS : 344.511 - 344.690
VRS 1-2023, amend filed 03/31/2023, effective 04/14/2023
VRS 3-2020, amend filed 02/21/2020, effective 03/06/2020
VRS 5-2004, f. & cert. ef. 8-5-04
VRS 1-2004, f. & cert. ef. 1-30-04
VRD 4-1997, f. & cert. ef. 11-20-97
VRD 2-1993, f. & cert. ef. 9-15-93
VRD 1-1990, f. & cert. ef. 11-26-90
VRD 1-1981, f. & ef. 12-1-81
VRD 21, f. & ef. 3-5-76

Or. Admin. R. 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 Hearing Request form to request mediation, a hearing, or both.

(3) To be timely a mediation, hearing or both requests shall:

(a) Be received by the Program's Dispute Resolution Coordinator within 60 calendar days following the date of the Program's written Notice of Proposed Action or alleged Program delay in making a decision, except as otherwise provided in this rule.

(b) Clients who are notified that the Program is unable to locate or contact the individual must submit the request within 30 calendar days following the date of the Program's written Notice of Proposed Action.

(c) The Program shall withdraw the Notice of Proposed Action if it successfully contacts the client during the 30-day Notice of Proposed Action period, if the only justification for file closure is "unable to locate or contact the individual."

(d) The client's hearing request is also considered timely if the Program's Dispute Resolution Coordinator:

(A) Receives a timely request for mediation under section (3)(a-b) of this rule; and

(B) Receives a completed request for hearing within 60 calendar days following the date of the Program's written Notice of Proposed Action declining to participate in or ending mediation under OAR 582-020-0045, or

(C) Receives a completed request for hearing within 60 calendar days following the date of the Program's written Notice of Proposed Action declining to participate in or ending mediation under OAR 582-020-0045, unless the underlying basis of the Notice of Proposed Action is that the office is unable to locate or contact the individual, or

(D) Receives a completed request for hearing within 30 calendar days following the date of the Program's written Notice of Proposed Action declining to participate in or ending mediation under OAR 582-020-0045, and the underlying basis of the Notice of Proposed Action is that the office is unable to locate or contact the individual.

(4) Process for handling untimely mediation or hearing request:

(a) If the request for mediation or hearing is not timely under section (3) of this rule, the Program may issue an order dismissing the request accordingly.

(b) If the client believes that there is good cause for failure to timely request mediation or hearing, the client may send a written request to the Program's Dispute Resolution Coordinator requesting that the Program consider the client's untimely request. The client's request shall be supported with a written statement explaining why the request was late and why this qualifies as good cause. The Program shall review this information and determine whether the client demonstrated that they had good cause for the untimely request.

(A) The Program may conduct further inquiry, including requesting supporting documentation from the client. The client must cooperate with this inquiry and within the timeframes set by the Program.

(B) If the Program finds that the client has good cause for the untimely request, the Program may accept the request as timely and proceed as if the request was timely.

(5) If there is a factual dispute about whether there is good cause for an untimely filing, the Program shall refer the matter to the Impartial Hearing Officer for a hearing to determine whether:

(a) The hearing request was received timely;

(b) The client received the Notice of Proposed Action; and

(6) The following are non-hearable issues:

(a) A client does not have a right to mediation or a hearing if the client fails to allege that they are dissatisfied by a Program action, as that term is defined in OAR 582-020-0010(1) or the same action has already been resolved through the dispute resolution process and no further appeal rights are available under these rules.

(b) If the Program determines that the client's mediation or hearing request does not identify a Program action that gives the client the right to mediation or a hearing, the Program shall contact the client or client's representative in writing to identify the deficiencies in the request and to give the client the opportunity to provide a corrected mediation or hearing request within 14 calendar days.

(c) In order for the corrected mediation or hearing request under subsection (b) of this rule to be considered timely, the Dispute Resolution Coordinator shall receive a complete request identifying a hearable issue within:

(A) The original deadline to request mediation or a hearing as described in section (3) of this rule; or

(B) 14 calendar days following the date the Program notified the client or client's representative of the deficiencies in the Notice of Proposed Action.

(d) If the client submits a corrected request identifying a hearable issue within the timeframes described in section (5)(c), the Program shall use the date of the corrected request, not the original request, for purposes of calculating the 60 -day deadline to hold the mediation or hearing as described in section (10) of this rule.

(e) If the client does not submit a corrected request identifying a hearable issue that gives the client the right to mediation or a hearing under these rules, the Program may:

(A) Decline to participate in mediation;

(B) Enter an order to that effect; or

(C) Refer the matter to an Impartial Hearing Officer for a hearing on the question of whether the client has a right to an impartial due process hearing.

(7) When the Program has issued a Notice of Proposed Action and the client fails to request mediation or a hearing within required timeframes, the Program's Notice of Proposed Action is final, and the Program shall issue no further order. The Program file, including all materials submitted by a party, shall be considered the record of the matter, and the record shall constitute a prima facie case supporting the Program's action. The only exception is if the client demonstrates that there was good cause, under section (4) of this rule, for the untimely request.

(8) After the client requests a hearing, the Program or the Impartial Hearing Officer shall dismiss the request for hearing, and the Program's Notice of Proposed Action becomes the final order in the case, as if the client never requested a hearing, if:

(a) The client withdraws the request for hearing;

(b) The client abandons the request for hearing by failing to respond to the Program's or Impartial Hearing Officer's attempts to schedule a prehearing conference, hearing or other hearing-related proceeding; or

(A) The client fails to appear at the prehearing conference, hearing or other hearing-related proceeding without good cause;

(B) The client informs the Program or Impartial Hearing Officer that the client will not appear at the prehearing conference, hearing or other hearing-related proceeding.

(9) If the client fails to appear at the scheduled prehearing conference, hearing or other hearing-related proceeding or appears to abandon the hearing request and before dismissing the request for hearing, the Impartial Hearing Officer finds that the client had good cause, the Impartial Hearing Officer may not dismiss the request for hearing under section (8) of this rule. In this case, the Impartial Hearing Officer shall schedule a new prehearing conference, hearing or other hearing - related proceeding. If the reasons for the client's failure to appear are in dispute, the Impartial Hearing Officer shall schedule a hearing on the reasons for the client's failure to appear.

(10) The client may withdraw a request for hearing at any time before the Impartial Hearing Officer issues an order.

(a) If the request for hearing is withdrawn before the case is assigned to an Impartial Hearing Officer, the Program shall issue the order dismissing the request for hearing.

(b) After the case is assigned to an Impartial Hearing Officer, the Impartial Hearing Officer shall issue the order dismissing the request for hearing.

(11) The hearing or mediation shall be held within 60 calendar days from the date the Program's Dispute Resolution Coordinator received the client's timely request for hearing or mediation, unless:

(a) Informal dispute resolution successfully resolves the matter within the 60-day deadline;

(b) A final mediation agreement is agreed to and signed by the parties within the 60-day deadline;

(c) The hearing request was made pursuant to section (3)(b) of this rule, and the hearing occurs within 60 days following the date of the hearing request; or

(d) The parties agree to an extension of the deadline for a specific period. Extensions of the timeline shall be documented in writing.

(12) For purposes of these rules when a rule describes:

(a) A deadline in calendar days and the last calendar day of a specified time period falls on a Saturday, Sunday, a legal holiday or the Program's Central Administrative Office is closed, the deadline shall be extended until the next working day.

(b) All requests or other documents must be sent to the Program's Dispute Resolution Coordinator at the Program's Central Administrative Office in Salem.

(13) The Program shall offer assistance to help clients request mediation or a hearing and shall inform them that they may also request the assistance of the Client Assistance Program in making these requests.

History

Statutory/Other Authority: ORS 344.530 & 344.590
Statutes/Other Implemented: ORS 344.511 ‐ 344.690
VRS 1-2023, amend filed 03/31/2023, effective 04/14/2023
VRS 3-2020, adopt filed 02/21/2020, effective 03/06/2020

Or. Admin. R. 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 through mediation, pending a decision by the Impartial Hearing Officer or Reviewing Official, or pending informal dispute resolution, unless:

(1) The client or client's representative requests suspension, reduction, or termination of services pending the outcome of dispute resolution process; or

(2) The Program has evidence that the services have been obtained through misrepresentation, fraud, collusion or criminal conduct on the part of the client or the client's representative.

History

Statutory/Other Authority: ORS 344.530 & 344.590
Statutes/Other Implemented: ORS 344.530 & ORS 344.540 & 344.590
VRS 1-2023, amend filed 03/31/2023, effective 04/14/2023
VRS 3-2020, amend filed 02/21/2020, effective 03/06/2020
VRS 1-2004, f. & cert. ef. 1-30-04
VRD 4-1997, f. & cert. ef. 11-20-97

Or. Admin. R. 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 and the client shall be advised of their right to request a hearing, if a request for a hearing is not already pending.

(2) Selection of mediator:

(a) The Program shall select mediators who are listed on the Oregon State Appropriate Dispute Resolution (ADR) Provider Roster of the State of Oregon Department of Justice, who have indicated an interest or expertise in disability-related issues, and who meet the requirements of a qualified and impartial mediator.

(b) Upon receipt of a timely request for mediation from the client, the Program shall contact, on a rotating basis, a mediator who is geographically near the Program office of the client. If that mediator is not available within two weeks, the Program shall contact other mediators using this same identification process until one is identified who can provide timely services. If no mediator is mutually selected from the pool of mediators geographically near the Program office of the client, the Program shall contact, on a rotating basis, mediators from a wider geographic range.

(c) Each party shall be given the opportunity to agree to or reject an identified mediator prior to the beginning of mediation services.

(3) Agreement to mediate:

(a) Prior to the beginning of the first mediation session, the parties shall sign the Program-approved "Agreement to Mediate" form.

(b) The mediation shall occur between the Program counselor or assigned Program employee and the client. The parties may have a representative assist them in the mediation. The inclusion or participation of any other individuals for either side shall be at the discretion of the mediator, unless otherwise prohibited by law.

(4) Conclusion of mediation:

(a) At any point during the mediation process, either party or the mediator may elect to terminate the mediation.

(b) A successful mediation shall be concluded with a final written mediation agreement prepared by the mediator. The parties must agree to and sign the agreement for it to be effective in resolving the case. The parties shall be given a copy of the signed agreement.

(A) The final agreement shall become part of the case file record, unless otherwise agreed.

(B) If the agreement includes any changes to the Individualized Plan for Employment (IPE), a revision to the IPE or amended IPE that incorporates the changes shall be in writing and signed by the Program and the client.

(c) If an agreement is not reached, the Program shall provide the client with written Notice of Proposed Action that the mediation process has ended and advise the client of their right to request an impartial due hearing process within the timeframes specified in OAR 582-020-0035, if a hearing request is not already pending.

(5) Confidentiality of mediation:

(a) All mediation communications, including discussions, memorandum, work product, draft mediation agreements, or any other documents prepared for, submitted, or made in the course of mediation, shall be confidential and may not be used as evidence in any subsequent impartial due process hearing or other civil proceeding, unless otherwise required by law.

(b) A written mediation agreement that arises out of mediation, including any term or condition of the agreement, is not confidential and may be used as evidence in any subsequent impartial due hearing process or other legal proceeding.

(c) Notwithstanding any other provision of these rules, the mediator, the Program, and the client may retain any mediation documentation to the extent it is necessary for administrative or payment purposes, or to comply with applicable laws, including but not limited to the Public Records law.

History

Statutory/Other Authority: ORS 344.530 & 344.590
Statutes/Other Implemented: ORS 344.530, 344.540 & 344.590
VRS 1-2023, amend filed 03/31/2023, effective 04/14/2023
VRS 3-2020, adopt filed 02/21/2020, effective 03/06/2020

Or. Admin. R. 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 ORS 183.413, except to the extent that the information was already provided to the client in the Notice of Proposed Action.

(b) The Program's failure to give Notice of Proposed Action of any of the items in ORS 183.413, unless Notice of Proposed Action of that item is also required by another applicable state or federal law, does not invalidate any determination or order of the Program unless upon an appeal from or review of the determination or order, a court finds that the failure affects the substantial rights of the complainant. In the event of such finding, the court shall remand the matter to the Program for a reopening of the hearing and shall direct the Program as to what steps it shall take to remedy the prejudice to the rights of the complainant.

(2) The Program shall refer a completed and timely hearing request, as described in OAR 582-020-0035, to an Impartial Hearing Officer.

(3) The hearing shall be held at a time consistent with OAR 582-020-0035 and designated by the Impartial Hearing Officer.

(4) The hearing shall be held in a location that is convenient and accessible, as agreed to by the client and the Program.

(5) Hearings shall be conducted in person, or by telephone or videoconference.

(6) The parties shall have the opportunity to submit documentary evidence, to testify, and to call and cross-examine witnesses.

(7) Evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs shall be admissible.

(8) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded, and privileges afforded by Oregon law shall be recognized by the Impartial Hearing Officer.

(9) Transmittal of questions to Program: At the request of one of the parties or their representatives, or on the Impartial Hearing Officer's own motion, the Impartial Hearing Officer may transmit a question to the Program to request the Program's interpretation of its rules and applicable statutes, or which rules or statutes apply to a proceeding.

(a) The Impartial Hearing Officer shall submit any transmitted question in writing to the Program. The submission shall include a summary of the matter in which the question arises and shall be served on the parties.

(b) The Program may ask for clarification in order to respond to the transmitted question.

(c) Unless prohibited by statute or administrative rules governing the timing of hearings, the Impartial Hearing Officer may continue the hearing or delay issuing a decision in order to get a response from the Program.

(d) The Program shall respond in writing to the transmitted question within a reasonable time. The Program's response shall be signed by an individual with authority to answer the question transmitted.

(e) The Program's response shall be made a part of the hearing record. The Program's response may be to decline to answer the transmitted question. The Program shall provide its response to the parties and Impartial Hearing Officer. The parties may reply to the Program's response no less than seven calendar days, unless ordered by the Impartial Hearing Officer and agreed to by the Program.

History

Statutory/Other Authority: ORS 344.530 & 344.590
Statutes/Other Implemented: ORS 344.511 - 344.690
VRS 1-2023, amend filed 03/31/2023, effective 04/14/2023
VRS 3-2020, amend filed 02/21/2020, effective 03/06/2020
VRS 1-2004, f. & cert. ef. 1-30-04
VRD 4-1997, f. & cert. ef. 11-20-97

Or. Admin. R. 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.

(2) Impartial Hearing Officers are assigned on a rotational basis unless the parties agree in advance to the assignment of a specific Impartial Hearing Officer from the pool outside of the rotation.

(3) Either party may request that the assigned Impartial Hearing Officer remove themselves because of a potential conflict of interest or disqualification. Requests based on conflict of interest shall be reviewed under the standards of Rule 3.10 of the Oregon Code of Judicial Conduct (disqualification) and 34 CFR 361.5(c)(24)(i)(F) (an individual has no personal, professional, or financial interest that would be in conflict with the objectivity of the individual). If the Impartial Hearing Officer removes themselves or is removed under section (5) of this rule, a new Impartial Hearing Officer shall be chosen by rotation from the pool unless the parties agree to a specific Impartial Hearing Officer from the pool outside of the rotation.

(4) If the Impartial Hearing Officer denies a request to withdraw under section (3) of this rule, the Impartial Hearing Officer shall advise the parties in writing of the nature of the alleged conflict and the rationale for the decision not to remove themselves.

(5) The Impartial Hearing Officer's decision not to remove themself may be appealed immediately to the Program Director whose decision is final.

History

Statutory/Other Authority: ORS 344.530 & 344.590
Statutes/Other Implemented: ORS 344.511 ‐ 344.690
VRS 1-2023, amend filed 03/31/2023, effective 04/14/2023
VRS 3-2020, adopt filed 02/21/2020, effective 03/06/2020

Or. Admin. R. 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 participate in at least one scheduled prehearing conference.

(2) The purposes of a prehearing conference may include, but are not limited to the following:

(a) To facilitate discovery and resolve disagreements about discovery;

(b) To identify, simplify, and clarify issues directly related to the disputed Program action identified in the hearing request;

(d) To obtain stipulations of fact and admit documents into evidence;

(e) To authenticate documents;

(f) Provide a written list of all supporting documents to be used during the hearing process and a list of the names of all witnesses expected to testify;

(g) To decide the order of proof and other procedural matters pertaining to the conduct of the hearing;

(h) To discuss the use of a collaborative dispute resolution process in lieu of or preliminary to holding the contested case hearing;

(i) To schedule the date, time and location of the hearing or for any other matters connected with the hearing, including motion hearings, dates for pre-filed testimony and exhibits and exchange of exhibits and witness lists; and

(j) To discuss settlement or other resolution or partial resolution of the case.

(3) The prehearing conference may be conducted in person or by telephone or videoconference.

(4) The Impartial Hearing Officer shall make a written record of any stipulations, rulings and agreements. Stipulations to facts and to the authenticity of documents and agreements to narrow issues shall be binding upon the parties to the stipulation unless good cause is shown for rescinding a stipulation or agreement.

History

Statutory/Other Authority: ORS 344.530 & 344.590
Statutes/Other Implemented: ORS 344.511 - 344.690
VRS 1-2023, amend filed 03/31/2023, effective 04/14/2023
VRS 3-2020, amend filed 02/21/2020, effective 03/06/2020
VRS 1-2004, f. & cert. ef. 1-30-04
VRD 4-1997, f. & cert. ef. 11-20-97

Or. Admin. R. 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 shall maintain a written record of all hearing events, including, but not limited to, all pleadings, Notices of Proposed Action, email correspondence, exhibits submitted, witness lists, stipulations, agreements, rulings, orders, and decisions.

(3) The Impartial Hearing Officer does not have the authority to order a court reporter or other resource to create or maintain the written or audio record at the Program's expense. Any additional resources requested and to be paid by the Program shall be agreed to by the Program.

History

Statutory/Other Authority: ORS 344.530 & 344.590
Statutes/Other Implemented: ORS 344.511 ‐ 344.690
VRS 1-2023, amend filed 03/31/2023, effective 04/14/2023
VRS 3-2020, adopt filed 02/21/2020, effective 03/06/2020

Or. Admin. R. 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 witness lists and exhibits. The IHO may exclude witnesses or evidence that was not provided by this deadline unless the party offers a satisfactory reason for having failed to do so, or unless excluding the evidence would violate the duty to conduct a full and fair inquiry of the issue.

(2) Any discovery request shall be reasonably likely to produce information that is generally relevant and necessary to the case, or is likely to facilitate resolution of the case.

(3) The client may review the Program case file. However, materials protected under 34 CFR 361.38(c)(2) because of potential harm to the client may be withheld from clients representing themselves if these materials are not offered into evidence at the hearing.

(4) The Program, an attorney representing one of the parties, or the IHO may issue subpoenas for the attendance of witnesses or the production of documents.

(5) Depositions may not be taken without the Program’s express authorization.

(a) A party seeking to take the testimony of a material witness by deposition shall file a written request with the Program, with a copy to the IHO. The request shall include the name and address of the witness, a showing of materiality of the testimony of the witness, an explanation of why a deposition rather than informal, or other means of discovery, is necessary, and a request for the purpose of recording testimony.

(b) The Program shall consider the petition and issue a written order either granting or denying the deposition. If the Program grants the deposition, the deposition shall be taken on the terms the Program may order, including, but not limited to, location, manner of recording, time of day, individuals permitted to be present, and duration. The Program shall not pay for any deposition taken by the client.

History

Statutory/Other Authority: ORS 344.530 & 344.590
Statutes/Other Implemented: ORS 344.511 - 344.690
VRS 3-2020, amend filed 02/21/2020, effective 03/06/2020
VRS 1-2004, f. & cert. ef. 1-30-04
VRD 4-1997, f. & cert. ef. 11-20-97

Or. Admin. R. 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 governed by OAR chapter 582, division 020.

(3) A Program representative may not make legal argument.

(a) Legal argument includes arguments on:

(A) The jurisdiction of the agency to hear the contested case;

(B) The constitutionality of a statute or rule or the application of a constitutional requirement to the agency; and

(b) Legal argument does not include presentation of evidence, examination and cross‐examination of witnesses or presentation of factual arguments or arguments on:

(A) The application of the facts to the statutes or rules directly applicable to the issues in the contested case;

(B) Comparison of prior actions of the Program in handling similar situations;

(D) The admissibility of evidence or the correctness of procedures being followed.

(4) When a lay representative represents the Program, the IHO shall advise the representative of the manner in which objections may be made and matters preserved for appeal. Such advice is of a procedural nature and does not change applicable law on waiver or the duty to make timely objection. Where such objections involve legal argument, the IHO shall provide reasonable opportunity for the Program employee to consult legal counsel and permit legal counsel to file written legal argument within a reasonable time after conclusion of the hearing or to represent the Program if the hearing is continued.

History

Statutory/Other Authority: ORS 344.530 & 344.590
Statutes/Other Implemented: ORS 344.511 ‐ 344.690
VRS 3-2020, adopt filed 02/21/2020, effective 03/06/2020

Or. Admin. R. 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 rules and policies.

(2) The IHO shall provide a full written report of the findings and grounds for his or her decision to the parties within 30 calendar days the date the hearing was completed, unless the parties agree to an extension for a specific period of time. The written report shall include any findings from pre‐hearing conferences, motion hearings or any other formal hearing events, unless the IHO has already issued a separate order with these findings.

(3) A party who is dissatisfied with the IHO’s decision may request a Formal Administrative Review of that decision within 20 days following the date of mailing of the IHO’s decision. The date of mailing shall be the date identified on the certificate of mailing attached to the decision; if there is no certificate, the date of mailing shall be the date of the postmark; if there is no certificate or postmark, the date of mailing shall be the date of the decision.

(4) The IHO’s decision is final, unless either party timely requests a Formal Administrative Review of the decision. If a FAR is requested, the IHO’s order shall be automatically stayed and the decision may not be implemented while the FAR is pending.

(5) If neither party timely requests a FAR, the IHO’s decision becomes the Program’s final order and shall be implemented 21 days from the date of mailing of the IHO’s decision. If both parties agree in writing that they will not appeal the IHO’s decision, the decision may become the Program’s final order and implemented earlier than 21 days after the mailing date of the IHO’s decision.

History

Statutory/Other Authority: ORS 344.530 & 344.590
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 3-2020, amend filed 02/21/2020, effective 03/06/2020
VRS 1-2004, f. & cert. ef. 1-30-04
VRD 4-1997, f. & cert. ef. 11-20-97

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 344.530(2), & 344.590
Statutes/Other Implemented: ORS 344.511 ‐ 344.690 & 344.710 ‐ 344.730
VRS 3-2020, amend filed 02/21/2020, effective 03/06/2020
VRS 5-2004, f. & cert. ef. 8-5-04

Or. Admin. R. 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 writing and filed with the Program Dispute Resolution Coordinator at the Central Administrative Office in Salem.

(2) A party may not request a Formal Administrative Review before the hearing process has ended or before the Impartial Hearing Officer has issued a final decision.

(3) The FAR shall be conducted by a reviewing official.

(4) On receipt of a timely request for FAR, the Program Dispute Resolution Coordinator shall promptly notify the reviewing official and the parties.The Program Dispute Resolution Coordinator shall provide the entire hearing record to the reviewing official.

(5) The reviewing official shall provide both parties with an opportunity to submit in writing additional evidence and information relevant to a final decision concerning the action under review. Each party shall submit that information to the reviewing official and other party. If the reviewing official does not provide a schedule for submitting written materials, all written materials shall be received by the reviewing official no later than 20 days following the date the Program’s Dispute Resolution Coordinator sent its notice of the pending request, as described in section (3) of this rule.

(6) The reviewing official shall make an independent, final decision following review of entire hearing record and provide the decision in writing, including a full report of the findings and the statutory, regulatory, or policy grounds for the decision to the client, the client's representative, and to the Program Dispute Resolution Coordinator within 30 days following the date of the request for a FAR.

(7) The reviewing official may not overturn or modify the IHO’s decision, or any part of that decision, that supports the position of the client unless the reviewing official concludes, based on clear and convincing evidence, that the decision of the IHO is clearly erroneous on the basis of being contrary to the approved State Plan, the federal Rehabilitation Act, federal vocational rehabilitation regulations, and Program administrative rules and policies that are consistent with federal requirements.

(8) The reviewing official’s decision is a final order unless either party appeals the decision to state court or brings a civil action under OAR 582‐020-0095.

(9) If a party appeals or brings a civil action to challenge the reviewing official’s final order, the order must be implemented pending review by the court, unless a stay is requested and granted by the Program or otherwise ordered by a court.

History

Statutory/Other Authority: ORS 344.530 & 344.590
Statutes/Other Implemented: ORS 344.511 - 344.690
VRS 3-2020, amend filed 02/21/2020, effective 03/06/2020
VRS 1-2004, f. & cert. ef. 1-30-04
VRD 4-1997, f. & cert. ef. 11-20-97

Or. Admin. R. 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 competent jurisdiction without regard to the amount in controversy.

History

Statutory/Other Authority: ORS 344.530 & 344.590
Statutes/Other Implemented: ORS 344.530 & ORS 344.540 & 344.590
VRS 3-2020, adopt filed 02/21/2020, effective 03/06/2020

Division 30 CONFIDENTIALITY OF CLIENT INFORMATION AND RELEASE OF INFORMATION

Or. Admin. R. 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 federal statutes and regulations for the Program.

(2) Implement the confidentiality statutes for the Program in ORS 344.530(1)(b) and 344.600.

(3) Clarify how these regulations incorporate and supplement other applicable federal and state laws and regulations.

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 1-2019, amend filed 04/05/2019, effective 04/15/2019
VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11
VRS 3-2004, f. & cert. ef. 3-12-04
VRD 2-1993, f. & cert. ef. 9-15-93
VRD 4-1991, f. & cert. ef. 12-13-91

Or. Admin. R. 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 an individual as someone applying for or receiving services from the Program.

(2) "Cooperative Agreement" means a written agreement between the Program and another agency or organization which includes terms protecting confidentiality of individual’s information in keeping with the statutory and regulatory requirements of all parties to the agreement.

(3) "Department Director" means the Director of the Department of Human Services.

(4) "Designee" means any officer or employee appointed by the Director of the Department of Human Services to respond to requests for reduction or waiver of fees for public records of the Department.

(5) "Director" means the Director of Vocational Rehabilitation.

(6) "HIV/AIDS Information" is any information covered by ORS 433.045(3) or that is likely to identify, directly or indirectly, that a client has been tested for the HIV virus or has HIV infection, antibodies to HIV, AIDS (Acquired Immunodeficiency Syndrome) or related infections or illnesses.

(7) "Individual" means any individual who has provided information to the Program as part of the application process for the Program services or subsequent to an application.

(8) "Informed Written Consent" means, after receiving a thorough explanation and understanding of the purposes, limitations, recipients, and specific information to be released, an individual or, if appropriate, individual's representative completes and signs a Department of Human Services Form 2099 (Authorization for Use and Disclosure of Health Information), or its successor, or other sufficient written authorization, releasing personal information from or to the Program.

(9) "Parent Locator Service" means a service authorized by 42 USC 653 seeking information for the purpose of establishing parentage or establishing, setting, modifying or enforcing child support.

(10) "Parent or Guardian" means an individual having legal responsibility for the overall welfare and well-being of an individual under age 18 or an individual, if over age 18, is adjudicated legally incapacitated.

(11) "Person" includes any natural person, corporation, partnership, firm or association.

(12) "Photocopy" means 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.

(13) "Public Officer Privilege" means, as provided in ORS 40.270, a public officer shall not be examined as to public records determined to be exempt from disclosure under ORS 192.502(8) and (9).

(14) "Public Record" means any writing that contains information relating to the conduct of the public's business that is prepared, owned, used or retained by the Department regardless of physical form or characteristics.

(15) "Representative" means any person identified by the individual as being authorized to speak or act on behalf of the individual or to assist the individual in any matter pertaining to Program services, unless a representative has been appointed by a court to represent the individual, in which case the court-appointed representative is the individual’s representative.

(16) "Requestor" means an individual requesting inspection, copies, or other reproduction of the Department’s public records.

(17) "Subpoena" means a written order for a witness to appear and give testimony or deliver named material issued.

(18) "Substance Abuse Information" means any information regulated under 42 CFR 2.1 - 2.67.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 1-2019, amend filed 04/05/2019, effective 04/15/2019
VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11
VRS 1-2008, f. & cert. ef. 2-4-08
VRS 3-2004, f.& cert. ef. 3-12-04
VRD 2-1993, f. & cert. ef. 9-15-93
VRD 4-1991, f. & cert. ef. 12-13-91

Or. Admin. R. 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 12 months. If the individual requests another copy of the same information, more frequently than once every 12 months, then the Program may impose a reasonable, cost-based fee.

(2) The Program shall charge for the cost of making the record available to the extent permitted by OAR 407-003-0010.

(3) All moneys received shall be handled and recorded under approved state accounting procedures.

(4) If the Program denies an initial verbal request for waiver or reduction of fees, the requestor shall submit a written request. If the Program subsequently denies the written request for a waiver or reduction of fees, the requestor may petition the Attorney General for a review of the denial pursuant to the provisions of ORS 192.440(5) and 192.450.

(5) At the option of the Branch office that processes the requested material, the Branch manager as the Director designee may waive assessment of a fee.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 1-2019, amend filed 04/05/2019, effective 04/15/2019
VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11
VRS 1-2008, f. & cert. ef. 2-4-08
VRS 3-2004, f.& cert. ef. 3-12-04
VRD 2-1993, f. & cert. ef. 9-15-93
VRD 4-1991, f. & cert. ef. 12-13-91

Or. Admin. R. 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 of the Program and may only be used and disclosed as permitted by these rules. In addition, the information may not be used or disclosed in violation of any of the following laws where those laws are applicable:

(a) Federal laws concerning substance abuse information as set out in 42 CFR part 2;

(b) State laws concerning HIV information as set out in ORS 433.045;

(2) Confidential information may be used and disclosed by the Program for purposes directly connected with the administration of the Program, unless prohibited by law. Except for purposes directly connected with the administration of vocational rehabilitation or as required by law, the Program may not use or disclose any list of or names of, or any information concerning individuals applying for or receiving vocational rehabilitation services.

(3) Except as directed by the individual under informed written consent, the individual’s information may not be disclosed outside the Program unless disclosure is:

(a) Required by federal or state law, including the exceptions to written consent requirements described in OAR 582-030-0040;

(b) Ordered by a judge, magistrate or other authorized judicial officer; or

(4) Any information about a crime committed by any individual, or suspected abuse or neglect, or that poses a threat to the safety of the individual or others is not confidential except as provided by law.

(5) Identifiable personal information may not be shared with advisory or other bodies that do not have official responsibility for administration of the Program, unless the individual gives written consent.

(6) Each affected individual shall be informed that discussion of work related information with potential employers, in connection with the individual’s job placement, is considered to be within the scope of the administration of the Program and the information may be used or disclosed to the extent allowed by law. The information shall be limited to that which the counselor determines to be necessary to the placement process and directly related to the individual's abilities to perform, retain, or acquire the skills to perform, specific employment.

(7) Unless prohibited by law, individual information may be released to other agencies which have cooperative agreements with the Program without the written consent of the individual only if providing such information has a bearing on administration of the Program or the provision of Program services. At time of application and at other times that individual information is being collected, the Program shall inform the individual about situations where information is routinely released and identify the involved agencies.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 1-2019, amend filed 04/05/2019, effective 04/15/2019
VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11
VRS 3-2004, f. & cert. ef. 3-12-04
VRD 2-1993, f. & cert. ef. 9-15-93
VRD 4-1991, f. & cert. ef. 12-13-91
VRD 3-1981, f. & ef. 12-1-81
VRD 22, f. & ef. 3-5-76

Or. Admin. R. 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 information. Before the client or client’s representative signs this form it must be completed to indicate informed consent, involved parties and timelines for obtaining or releasing specified information. For a client who has been adjudicated legally incapacitated, the parent or legal guardian must also sign the form.

(2) The cover page of any document, record, or report containing the Program’s client information released to any other agency, organization or person shall be imprinted with a statement that reads:

CONFIDENTIAL This information cannot be released to any other person, agency, or organization without the prior written approval of the Oregon Vocational Rehabilitation Program.

(3) Release to other agencies or programs. Upon receiving the informed written consent of the individual, the Program may release individual information to another agency or organization to assist with vocational rehabilitation services. The Program may restrict disclosure of individual information believed to be harmful if released directly to an individual until the Program secures written agreement from the requester that the information shall be used only for the purposes authorized and may not be further released to the individual.

(4) Release for audit, evaluation, or research. The Program may release confidential information to an organization, agency, or authority engaged in audit, evaluation, or research only for purposes directly connected with the administration of the vocational rehabilitation program, or for purposes which would significantly improve the quality of life for individuals with disabilities and only when the Program is assured that:

(a) The information shall be used only for the purposes authorized;

(b) The information shall be released only to authorities officially connected with the authorized activity;

(d) The information shall be managed in a manner to safeguard confidentiality; and

(e) The final product shall not reveal the identity of any involved individual without the individual or representative's written consent.

[Publications: Publications referenced are available from the agency.]

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 1-2019, amend filed 04/05/2019, effective 04/15/2019
VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11
VRS 3-2004, f. & cert. ef. 3-12-04
VRD 2-1993, f. & cert. ef. 9-15-93
VRD 4-1991, f. & cert. ef. 12-13-91
VRD 3-1981, f. & ef. 12-1-81
VRD 22, f. & ef. 3-5-76

Or. Admin. R. 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 participating in the Program or the individual’s attorney to testify or release individual information is deemed to be an informed written consent from the individual, except as prohibited by law.

(3) Upon verification that an individual's attorney is authorized to issue the subpoena on the individual’s behalf, Program employees may communicate with the individual's attorney within the scope of the request to the extent provided under OAR 582-030-0030.

(4) Without a valid written authorization from the individual or an order issued by a judge, magistrate or other authorized judicial officer, Program employees may not provide the individual information in response to a subpoena not generated by or authorized by an individual or the individual’s attorney.

(5) Any Program employee who appears in response to a subpoena not generated by or authorized by the individual or the individual’s attorney and without a valid written authorization shall read a statement at the start of the appearance instead of providing documents or testifying about an individual. The statement shall explain that the documents and testimony are confidential and privileged under federal and state law. If after making this statement to a judge, magistrate or other authorized judicial officer, the judge, magistrate or other judicial officer issues an order, the Program employee shall comply with the order, including providing any documents or testimony within the scope of the order.

History

Statutory/Other Authority: ORS 344.530
Statutes/Other Implemented: ORS 344.530, 344.540(1) & 344.600
VRS 1-2019, amend filed 04/05/2019, effective 04/15/2019
VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11
VRS 3-2004, f. & cert. ef. 3-12-04

Or. Admin. R. 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 representative, in a timely manner, with the following exceptions:

(a) Case file information obtained from another agency or organization, treatment records, and psychological evaluations may only be released under the conditions established by the treatment provider or source of the records or under the conditions established by agreement between the Program and the treatment provider or source of the records.

(b) If an individual or, as appropriate, a parent, guardian, or other representative presents a written request to review medical or psychological reports from the individual's Program file and the counselor believes direct release of such information to any of the above persons may be harmful to the individual, the following procedures shall be followed:

(A) The counselor shall contact the practitioner who wrote the report to request an opinion as to whether the practitioner believes direct release of the information would be harmful to the individual; or, if a practitioner is unavailable;

(B) The counselor shall obtain an opinion from the appropriate office medical or psychological consultant as to whether the consultant believes direct release of the information would be harmful to the individual; the consultant shall record the opinion on the Medical/Psychological Review Record in the medical jacket (R-114);

(C) If the practitioner or consultant states that direct release would not be harmful, the counselor shall release the requested Program information directly to the individual or (as appropriate) to the individual's parent, guardian, or designated representative;

(D) If the practitioner or consultant states that direct release would be harmful, the counselor shall request but not require the individual to designate an appropriate and qualified physician or psychologist of the individual's choosing for the purpose of reviewing and interpreting the contents of the report to the individual. If the individual agrees, the counselor shall schedule the appointment, mail copies of the report to the practitioner, and if the individual so requests, execute an Authorization for Purchase to pay the practitioner for an office visit at the Program current approved rate of payment.

(E) Medical, psychological, or other information that the Program determines may be harmful to the individual may not be released directly to the individual, but if release is allowed under these rules, shall be provided to the individual through a third party chosen by the individual, which may include, among others, an advocate, a family member, a qualified medical or mental health professional, unless a representative has been appointed by court to represent the individual in which case the information shall be released to the court-appointed representative.

(2) If the individual is or was a minor age 14 or older who consented to their own mental health or substance abuse treatment, informed written consent from the individual is required for the release of mental health or substance abuse information to a parent or guardian.

(3) If the individual is or was a minor age 15 or older who consented to their own medical treatment, informed written consent from the individual is required for the release of general medical information to a parent or guardian.

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 1-2019, amend filed 04/05/2019, effective 04/15/2019
VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11
VRS 5-2004, f. & cert. ef. 8-5-04
VRS 3-2004, f. & cert. ef. 3-12-04
VRD 2-1993, f. & cert. ef. 9-15-93
VRD 4-1991, f. & cert. ef. 12-13-91
VRD 3-1981, f. & ef. 12-1-81
VRD 22, f. & ef. 3-5-76

Or. Admin. R. 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, (see ORS 419B.010), individuals 18 age or over with developmental disabilities or mental illness, (see ORS 430.765), and residents of long-term care facilities, (see ORS 441.640);

(b) The Program shall release the individual’s information if required by federal law or in response to investigations in connection with law enforcement, fraud or abuse (unless expressly prohibited by federal or state laws or regulations) or in response to an order issued by a judge, magistrate or other authorized judicial officer.

(2) Response to Child Support Enforcement. An individual authorized under federal law may access information for the Federal Parent Locator Service under ORS 25.265.

(3) The Program may release an individual’s information to protect the individual or others when the individual poses a threat to his or her safety or to the safety of others.

(4) For deceased Individuals:

(a) Vital Statistics. These rules do not restrict the disclosure of the Program identifying information relating to the death of an individual under laws requiring the collection of vital statistics or permitting inquiry into the cause of death;

(b) Consent by Personal Representative. Other requirements of these rules notwithstanding, if written consent to disclosure is required, that consent may be given by an executor, administrator or other personal representative appointed under applicable state law. If there is no such appointment, consent may be given by the spouse or other responsible member of the individual's family.

(5) Participation in State Agency Information Exchange: The Program shall participate in the State Shared Information System (SIS) or Performance Reporting Information System (PRISM), and Department information sharing to the extent allowed by and consistent with state and federal law and regulations.

(6) The Program may disclose the minimum information necessary for purposes directly connected with the administration of vocational rehabilitation; federal Rehabilitation Services Administration; or other state or federal agencies with regulatory authority over the Program or administrative responsibilities necessary for Program services.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 1-2019, amend filed 04/05/2019, effective 04/15/2019
VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11
Reverted to VRS 5-2004, f. & cert. ef. 8-5-04
VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11
VRS 5-2004, f. & cert. ef. 8-5-04
VRS 3-2004, f. & cert. ef. 3-12-04
VRD 2-1993, f. & cert. ef. 9-15-93
VRD 4-1991, f. & cert. ef. 12-13-91

Or. Admin. R. 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 does not amend the information, the individual may prepare an amending statement and request that the Program insert the statement into the record of services.

(2) The Program may not amend or remove a record created and received from another agency, program, or independent contractor, but may accept amended records from another agency, program, or independent contractor to supplement the record of service.

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 1-2019, amend filed 04/05/2019, effective 04/15/2019
VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11

Division 50 REFERRAL, APPLICATION AND ELIGIBILITY FOR VOCATIONAL REHABILITATION SERVICES

Or. Admin. R. 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 referred to or seeking services from the Program of application requirements and to gather information necessary to initiate an assessment for determining eligibility and priority for services.

(3) Assessment to determine eligibility and priority for services shall commence as soon as an application for services is received and to the maximum extent possible shall be expedited through use of existing information, including school, Social Security, medical and family member records.

(4) An individual is considered to have submitted an application only when all the following conditions have been satisfied:

(a) The individual or the individual’s representative, as appropriate, has completed and signed a Program application form or has otherwise requested services;

(b) The individual or the individual’s representative, as appropriate, has provided the information necessary to initiate an assessment for eligibility; and

(5) Once the Program has received an application for vocational rehabilitation services, including applications for vocational rehabilitation services made through common intake procedures in One-Stop centers established under section 121 of the federal Workforce Investment Act of 1998, the Program must make an eligibility determination within 60 days, unless:

(a) Exceptional and unforeseen circumstances beyond the control of the Program preclude making an eligibility determination within 60 days and the Program and the individual agree to a specific extension of time; or

(b) A trial work experience or exploration of the individual's abilities, capabilities, and capacity to perform in work situations is carried out in accordance with 34 CFR 361.42(e) or, if appropriate, an extended evaluation is carried out in accordance with 34 CFR 361.42(f).

(6) The Program may not close an applicant's record of services prior to making an eligibility determination unless the applicant declines to participate in, or is unavailable to complete, an assessment for determining eligibility and priority for services, and the Program has made a reasonable number of attempts to contact the applicant or, if appropriate, the applicant's representative, to encourage the applicant's participation.

(7) The length of time between eligibility determination and the signing of the Individualized Plan for Employment (IPE) by the Program counselor and the individual or the individual’s representative may not exceed 90 days. If the Program invokes an Order of Selection, the length of time begins once the individual is removed from the waitlist. Exceptions to the 90 day time frame include:

(a) Mutual agreement by the individual and counselor to an extension to a specific date by which the IPE shall be completed, taking into consideration the unique needs of the individual;

(b) Individual involvement in the Program dispute resolution process addressing issues critical to plan development;

(8) The Program shall make information regarding application requirements and forms available statewide.

History

Statutory/Other Authority: ORS 344.530
Statutes/Other Implemented: ORS 344.570
VRS 1-2014, f. 12-30-14, cert. ef. 1-1-15
VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11
Reverted to VRS 3-2009, f. & cert. ef. 3-27-09
VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11
VRS 3-2009, f. & cert. ef. 3-27-09
VRS 2-2006, f. & cert. ef. 8-1-06
VRS 5-2004, f. & cert. ef. 8-5-04
VRD 2-1993, f. & cert. ef. 9-15-93
VRD 2-1991, f. & cert. ef. 9-11-91

Or. Admin. R. 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 of an employment outcome because of the severity of that individual's disability, OVRS shall conduct an exploration of the individual's abilities, capabilities, and capacity to perform in realistic work situations to determine whether or not there is clear and convincing evidence to support such a determination.

(b) OVRS shall develop a written plan to assess periodically the individual's abilities, capabilities, and capacity to perform in work situations through the use of trial work experiences, which must be provided in the most integrated setting possible, consistent with the informed choice and rehabilitation needs of the individual.

(c) Trial work experiences include supported employment, on-the-job training, and other experiences using realistic work settings.

(d) Trial work experiences must be of sufficient variety and over a sufficient period of time for OVRS to determine that:

(A) There is sufficient evidence to conclude that the individual can benefit from the provision of vocational rehabilitation services in terms of an employment outcome; or

(B) There is clear and convincing evidence that the individual is incapable of benefiting from vocational rehabilitation services in terms of an employment outcome due to the severity of the individual's disability.

(e) OVRS shall provide appropriate supports, including assistive technology devices and services and personal assistance services, to accommodate the rehabilitation needs of the individual during the trial work experiences.

(2) Extended evaluation for certain individuals with significant disabilities.

(a) Under limited circumstances if an individual cannot take advantage of trial work experiences or if options for trial work experiences have been exhausted before OVRS is able to make the determinations described in OAR 582-050-0005(1)(d), OVRS will conduct an extended evaluation to make these determinations.

(b) During the extended evaluation period, vocational rehabilitation services must be provided in the most integrated setting possible, consistent with the informed choice and rehabilitation needs of the individual.

(c) During the extended evaluation period, OVRS will develop a written plan for providing services necessary to make a determination under OAR 582-050-0005(1)(d).

(3) During the extended evaluation period, OVRS provides only those services that are necessary to make the determinations described in OAR 582-050-0005(1)(d). Extended evaluation is used only until the eligibility determination can be made and may not exceed 18 months.

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11
Reverted to VRS 5-2004, f. & cert. ef. 8-5-04
VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11
VRS 5-2004, f. & cert. ef. 8-5-04
VRD 2-1993, f. & cert. ef. 9-15-93
VRD 2-1991, f. & cert. ef. 9-11-91
VRD 3-1978, f. 3-14-78, ef. 3-15-78

Or. Admin. R. 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 context, the rules in OAR 582-050 pertain only to Vocational Rehabilitation Services.

(2) Except for individuals whose impairments fall within the definition of legal blindness, or are of a rapidly progressive nature leading to legal blindness, OVRS shall not exclude any group of individuals from eligibility for services solely on the basis of type of disability or impairment.

History

Statutory/Other Authority: ORS 344.530
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11
Reverted to VRS 5-2004, f. & cert. ef. 8-5-04
VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11
VRS 5-2004, f. & cert. ef. 8-5-04
VRD 2-1993, f. & cert. ef. 9-15-93
VRD 2-1991, f. & cert. ef. 9-11-91
VRD 3-1978, f. 3-14-78, ef. 3-15-78

Or. Admin. R. 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 that the applicant's physical or mental impairment constitutes or results in a substantial impediment to employment for the applicant.

(3) A determination by a qualified vocational rehabilitation counselor employed by OVRS that the applicant requires vocational rehabilitation services to prepare for, secure, retain, or regain employment consistent with the applicant's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

(4) A presumption, in accordance with OAR 582-050-0020(5), that the applicant can benefit in terms of an employment outcome from the provision of vocational rehabilitation services.

(5) Presumption of benefit. OVRS presumes that an applicant who meets the eligibility requirements OARS 582-050-0020(1) and (2) can benefit in terms of an employment outcome unless OVRS demonstrates, based on clear and convincing evidence, that the applicant is incapable of benefiting in terms of an employment outcome from vocational rehabilitation services due to the severity of the applicant's disability.

(6) Presumption of eligibility for Social Security recipients and beneficiaries. Any applicant who has been determined eligible for Social Security benefits under Title II or Title XVI of the Social Security Act is:

(a) Presumed eligible for vocational rehabilitation services under OAR 582-050-0020(1) and (2); and

(b) Considered an individual with a significant disability as defined in 34 CFR 361.5(b) (31).

(7) If an applicant for vocational rehabilitation services asserts that he or she is eligible for Social Security benefits under Title II or Title XVI of the Social Security Act (and, therefore, is presumed eligible for vocational rehabilitation services under OAR 582-050-0020(6)), but is unable to provide appropriate evidence, such as an award letter, to support that assertion, OVRS must verify the applicant's eligibility under Title II or Title XVI of the Social Security Act by contacting the Social Security Administration. This verification must be made within a reasonable period of time that enables OVRS to determine the applicant's eligibility for vocational rehabilitation services within 60 days of the individual submitting an application for services in accordance with 34 CFR 361.41(b)(2).

(8) Any applicant who is presumed eligible under OAR 582-050-0020(6) must require vocational rehabilitation services and intend to achieve an employment outcome that is consistent with the applicant's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

(9) Interim Eligibility for Supported Employment recipients: OVRS may make an interim determination of eligibility for an applicant eligible for, or receiving, Supported Employment services when:

(a) The applicant was referred expressly for Supported Employment Services; The applicant clearly demonstrates a high likelihood of eligibility for vocational rehabilitation services based on available data (e.g. records from county mental health programs, Seniors and Persons with Disabilities or other sources);

(b) The applicant is someone who has not maintained, or is not expected to maintain, competitive employment through the provision of traditional rehabilitation services.

(c) There is reasonable expectation that the applicant will be competitively employable with provision of rehabilitation services and on-going support;

(d) The supported-service provider has accepted the applicant; and

(e) There is evidence in writing of the availability of on-going support services adequate to maintain employment for the applicant. Services provided during interim eligibility are those available within the Supported Employment Program (e.g. community based situational assessment, job development, job training, transportation and other goods or services required to secure and maintain employment). If OVRS cannot establish eligibility within 60 days, services may be interrupted or the case may be closed. If information is insufficient to determine eligibility after 60 days, OVRS shall either place the case in delayed status, with the agreement of the participant, or close the case as appropriate. OVRS may reopen closed supported employment cases in the general program and enter extended evaluation.

History

Statutory/Other Authority: ORS 344.530
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11
Reverted to VRS 5-2004, f. & cert. ef. 8-5-04
VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11
VRS 5-2004, f. & cert. ef. 8-5-04
VRD 2-1993, f. & cert. ef. 9-15-93
VRD 2-1991, f. & cert. ef. 9-11-91
VRD 3-1978, f. 3-14-78, ef. 3-15-78

Or. Admin. R. 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 United States for other than a temporary purpose; and

(2) Legally entitled to hold employment in this country.

History

Statutory/Other Authority: ORS 344.530
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 1-2005, f. & cert. ef. 1-11-05
VRS 5-2004, f. & cert. ef. 8-5-04
VRD 2-1991, f. & cert. ef. 9-11-91
VRD 4-1981, f. & ef. 12-1-81

Or. Admin. R. 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, if the individual is:

(a) Currently living in the State of Oregon, regardless of duration; or

(b) Currently and legally employable in the State of Oregon and seeking services to retain or advance in employment with the same employer; or

(A) The individual is currently living in a state not in an Order of Selection;

(B) The vocational rehabilitation office closest to the individual's residence is an OVRS office; and

(3) OVRS may, through mutual agreement, cooperate with another state's Vocational Rehabilitation Agency in the implementation or supervision of planned services of an Individualized Plan for Employment.

(4) Reasonable effort is made to assure that duplicate services are not provided concurrently in more than one state VR Agency nor shall more than one file per individual be open and active within OVRS.

(5) When an individual in open plan status establishes residence in another state and is no longer available to participate actively with the Oregon case-carrying counselor in the provision of services, the counselor may:

(a) Negotiate with the Vocational Rehabilitation Agency of the new state-of-residence to obtain assistance in supervision of the OVRS services needed to complete the plan and obtain employment; or

(b) Close the case file 'other than rehabilitated' due to the individual being 'unavailable for services.' If requested by the individual, the office may provide copies of appropriate in-file data to the vocational rehabilitation agency of the new state-of-residence.

(6) The office may close an individual's case file when the individual relocates outside the state of Oregon if:

(a) The individual is not in plan status; or

(b) The individual does not meet Residency criteria.

(7) OVRS may retain the case file of an individual who relocates outside of Oregon if the individual is in open plan status at the time of relocation and remains available to participate actively with the Oregon case-carrying counselor.

History

Statutory/Other Authority: ORS 344.530
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11
Reverted to VRS 1-2005, f. & cert. ef. 1-11-05
VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11
VRS 1-2005, f. & cert. ef. 1-11-05
VRS 5-2004, f. & cert. ef. 8-5-04
VRD 2-1993, f. & cert. ef. 9-15-93
VRD 2-1991, f. & cert. ef. 9-11-91
VRD 4-1981, f. & ef. 12-1-81

Division 60 TERMINATION OF VOCATIONAL REHABILITATION SERVICES

Or. Admin. R. 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;

(d) Disability too severe to benefit from services.

(2) OVRS shall make the ineligibility determination only after providing an opportunity for full consultation with the individual or, as appropriate, with the individual's representative.

(3) Ineligibility due to ‘too severe to benefit’. Prior to any determination that an individual with a disability is incapable of benefiting from vocational rehabilitation services, OVRS shall conduct an exploration of the individual's abilities, capabilities, and capacity to perform in realistic work situations to determine whether or not there is clear and convincing evidence to support such a determination.

(a) OVRS shall develop a written plan to assess the individual's abilities, capabilities, and capacity to perform in work situations through the use of trial work experiences.

(b) Trial work experiences:

(i) Shall be in the most integrated setting possible, consistent with the informed choice and rehabilitation needs of the individual;

(ii) Include supported employment, on-the-job training, and other experiences using realistic work settings; and

(iii) Shall be of sufficient variety and over a sufficient period of time for the designated State unit to determine that:

(A) There is sufficient evidence to conclude that the individual can benefit from the provision of vocational rehabilitation services in terms of an employment outcome; or

(B) There is clear and convincing evidence that the individual is incapable of benefiting from vocational rehabilitation services.

(c) OVRS shall provide appropriate supports, including assistive technology devices and services and personal assistance services, to accommodate the rehabilitation needs of the individual during the trial work experiences.

(4) OVRS shall notify the individual in writing of file closure due to ineligibility. As necessary the office shall supplement notification by other appropriate modes of communication consistent with the informed choice of the individual. Notification shall include:

(a) Notice that the office is closing the individual's case file;

(b) The rationale for the ineligibility determination; and

(c) Dispute resolution information regarding the mediation and impartial fair hearing appeal process, as well as contact information about for the Client Assistance Program (CAP).

(5) The office shall refer the individual to other available programs under the Workforce Investment Act that address the individual’s training or employment-related needs.

(6) If the office determines the individual to be incapable of achieving an employment outcome, the office shall:

(a) Refer the individual to local extended employment providers; and

(b) Review the individual's file within 12 months. The individual or, if appropriate the individual's representative, may thereafter request subsequent annual reviews. The office needs not conduct the review if:

(A) The individual has refused the review;

(B) The individual is no longer present in the State;

(D) The individual’s medical condition is rapidly progressive or terminal.

History

Statutory/Other Authority: ORS 344.530
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11
Reverted to VRS 5-2004, f. & cert. ef. 8-5-04
VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11
VRS 5-2004, f. & cert. ef. 8-5-04
VRD 2-1993, f. & cert. ef. 9-15-93
VRD 2-1991, f. & cert. ef. 9-11-91
VRD 2-1978, f. 3-14-78, ef. 3-15-78

Or. Admin. R. 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;

(D) Individual fails to cooperate with or fails to make suitable progress toward developing or completing necessary steps in the IPE within the agreed-upon timeframes;

(E) Individual is institutionalized or otherwise unavailable for services;

(F) Individual received VR services and was placed in non-integrated, non-competitive work setting;

(G) The office is unable to locate or contact the individual;

(H) Individual has refused necessary services or chooses not to participate in necessary OVRS programs;

(I) Individual is receiving services from another agency and no longer requires the office's services; or

(J) Other reason as documented by the office.

(b) The office may close the file of a presumed-eligible individual if:

(A) The file documents clear and convincing evidence that the individual is incapable of benefiting from services; or

(B) The individual meets the criteria for termination of services under 582-060-0020(1)(a).

(c) The office shall make a closure determination only after providing an opportunity for full consultation with the individual or, as appropriate, with the individual's representative. The individual's involvement is not required when:

(A) The individual refuses to participate;

(B) The individual is no longer present in the state;

(D) The individual's medical condition is rapidly progressive or terminal.

(d) All notifications of closure shall include:

(A) Notice that the office is closing the case;

(B) The rationale for the closure; and

(C) Dispute resolution information regarding the mediation and impartial fair hearing appeal process, as well as referral to information about the Client Assistance Program (CAP).

(2) Termination of Services — Rehabilitated:

(a) Closure of an individual's file as 'Rehabilitated' requires documentation that:

(A) The individual has achieved the employment outcome identified in by the IPE, consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice;

(B) The individual has maintained the employment outcome for an appropriate period of time, not less than 90 days, sufficient to ensure stability in the position without further vocational rehabilitation services;

(C) The individual and counselor consider the employment outcome to be satisfactory and agree the that individual is performing consistent with goal identified in the IPE; and

(D) The office informs the individual in writing, supplemented through other appropriate modes of communication as necessary, of the availability of post-employment services.

(b) The office shall provide notice to an individual that OVRS is closing the file ‘Rehabilitated’. The notification shall:

(A) Be in writing supplemented, as necessary, through appropriate modes of communication;

(B) Inform the individual that OVRS is closing the case as ‘Rehabilitated’;

(D) Include dispute resolution information regarding the mediation and impartial fair hearing appeal process and the Client Assistance Program (CAP)

History

Statutory/Other Authority: ORS 344.530
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11
Reverted to VRS 5-2004, f. & cert. ef. 8-5-04
VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11
VRS 5-2004, f. & cert. ef. 8-5-04
VRD 2-1991, f. & cert. ef. 9-11-91
VRD 2-1978, f. 3-14-78, ef. 3-15-78

Division 70 STANDARDS FOR PROVISION OF SERVICES AND RATES OF PAYMENT

Or. Admin. R. 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 qualify for such services.

(1) Vendors shall be paid in accordance with the lesser of:

(a) The vendor’s usual charge for such service, i.e., that fee for service which the vendor under ordinary circumstances charges to the general public for such services; or

(b) A pre-determined charge that has been negotiated between the vendor and an agency person authorized to consummate agreements between this agency and the vendor.

(2) In addition to any such general contracts or agreements, actual services to individuals must be specifically prior authorized and are not considered approved or billable until the vendor receives a completed Agency Authorization for Purchase (AFP) form or its equivalent, listing specific prior authorized services and estimated billable amounts, signed by the appropriate agency representative(s):

(a) Only in extreme emergencies may services be prior authorized verbally and any such verbal authorization must be documented promptly and followed with a written AFP within 72 hours;

(b) Apparent fraud, misrepresentation or substantial discrepancies between services rendered and billed amounts shall be investigated and, as appropriate, legal steps taken to prevent or recover overpayments.

(3) Except as specified in OAR 582-070-0010(4), Rehabilitation Services funds will not be expended before OVRS determines that “comparable benefits and services” are not available to meet, in whole or in part, the cost of such services, unless such a determination would interrupt or delay:

(a) The progress of the individual toward achieving the employment outcome identified in the Individualized Plan for Employment;

(b) An immediate job placement; or

(c) The provision of vocational rehabilitation services to any individual who is determined to be at extreme medical risk, based on medical evidence provided by appropriate qualified medical personnel.

(4) The following vocational rehabilitation services are exempt from a determination of the availability of comparable services and benefits:

(a) Assessment for determining eligibility and vocational rehabilitation needs;

(b) Counseling and guidance, including information and support services to assist an individual in exercising informed choice;

(c) Referral and other services to secure needed services from other agencies, including other components of the statewide workforce investment system, if those services are not available from OVRS;

(d) Job-related services, including job search and placement assistance, job retention services, follow-up services, and follow-along services;

(e) Rehabilitation Technology, including telecommunications, and other technological aids and devices.

(f) Post-employment services consisting of any of the services in OAR 582-070-0010(4)(a)–(e); and

(5) Purchases shall be of the most reasonable and satisfactory quality at the lowest available cost, subject to supervisory and/or administrative review and/or approval prior to authorization; accordingly, OVRS reserves the right to establish upper limits on the utilization of existing services, subject to an exception process.

(6) Preliminary diagnostic assessment is limited to a review of existing data and such additional data as is necessary to determine eligibility or, for Rehabilitation Services, to assign priority for order of selection for service (when appropriate). Comprehensive assessment and/or extended evaluation services may be provided only until eligibility/ineligibility or nature and scope of needed Rehabilitation Services can be determined. Additionally, other services are available (including the use of Rehabilitation Technology services, as appropriate) to determine the nature, scope and types of services needed to attain a specific vocational rehabilitation objective of the eligible individual. Continued eligibility is contingent upon reasonable progress by the individual toward attainment of measurable intermediate objectives within time-lines arrived at and agreed to through joint counselor/individual development of the plan and any amendments thereto.

History

Statutory/Other Authority: ORS 344.530
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11
Reverted to VRS 5-2004, f. & cert. ef. 8-5-04
VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11
Reverted to VRS 5-2004, f. & cert. ef. 8-5-04
VRS 1-2009(Temp), f. & cert. ef. 2-11-09 thru 8-9-09
VRS 5-2004, f. & cert. ef. 8-5-04
VRS 2-2004, f. & cert. ef. 3-9-04
VRD 4-1993, f. & cert. ef. 11-1-93
VRD 2-1992, f. & cert. ef. 4-20-92
VRD 1-1978, f. 3-14-78, ef. 3-15-78

Or. Admin. R. 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 employment (IPE). This training is limited to essential training that meets the designated employment goal. The training must adequately prepare the participant for occupations that customarily require a certificate, licensure, or degree in professional, managerial, technical, or related fields.

(a) Training services: Training services may encompass a range of options, including academic programs, vocational training, on-the-job training, apprenticeships, and disability-related skill development, provided they align with the participant’s identified employment goal as designated in the individualized plan for employment (IPE).

(b) Maximum efforts: All participants must make maximum efforts to secure student financial aid or other comparable benefits prior to a Program vocational rehabilitation counselor approving training. This includes making timely applications for grants or community resource assistance.

(c) Assessing the suitability of the job goal and training: The Program's vocational rehabilitation counselor evaluates the individual's suitability for the selected vocational goal and related training. This assessment includes but is not limited to a review of the individual's functional capacities, abilities, aptitude, resources, concerns, and personal preferences, utilizing information gathered through interviews, eligibility determination, and vocational assessments.

(d) Approval levels: Approval for academic or vocational training within an individualized plan for employment (IPE) is contingent upon the level and location of the program.

(A) Vocational rehabilitation counselors are authorized to approve training programs that lead to a certificate, associate degree, or bachelor’s degree.

(B) Branch managers are authorized to approve graduate-level programs, including master's and doctoral degrees. They must provide prior written approval of any plan for this level of education.

(C) Training at private institutions, out-of-state academic or out-of-state vocational training programs require the prior written approval from the Deputy Director of Direct Services.

(D) Consideration for housing support is evaluated and considered solely based on the individual’s disability-related accessibility needs. Prior written approval from the Deputy Director of Direct Services is required.

(e) Requirements for institutions and training programs: To meet Program requirements, trainings must meet one of the following standards:

(A) Vocational or academic training may be approved solely at accredited and authorized institutions, including community colleges, state universities, and licensed career schools. These institutions must be recognized by the Higher Education Coordinating Commission (HECC), and comply with all applicable accreditation, authorization, and licensing standards.

(B) Any online training program considered for Program funding must be recognized by the Higher Education Coordinating Commission (HECC), and comply with all applicable accreditation, authorization, and licensing standards.

(D) The following trainings are exempt from licensure and authorization by the Higher Education Coordinating Commission (HECC): basic academic, remedial, or literacy instruction; disability-related skills training; job readiness training; miscellaneous training opportunities; on-the-job training (OJT); tutoring; and other goods and services related to training, provided the entity offering the training adheres to industry standards and meets Program vendor requirements.

(f) Expectations for participants enrolled in Program funded academic or vocational training:

(A) The Program shall establish clear and consistent expectations for all participants engaged in educational or vocational training services. These expectations are intended to ensure that services align with the participant’s agreed upon employment goal and are delivered in a manner that supports successful program completion and long-term employment outcomes.

(B) Participants receiving Program-funded training services must comply with all expectations as established by the Program. These expectations must be monitored and evaluated on an ongoing basis by the VR counselor or other assigned staff. Expectations include, but are not limited to:

(i) Course requirements: Only those courses that are directly required to achieve the employment outcome listed in the individualized plan for employment are eligible for Program funding. Any service of an approved academic or training program that involves additional costs—such as elective courses requiring specialized tools or equipment, or other activities incurring expenses beyond standard tuition and fees—must be reviewed and approved by the Program in advance.

(ii) Academic progress: Participants must demonstrate satisfactory progress toward the completion of their academic or vocational training program. The timeline for completion shall be determined by the Program based on the structure of the training program, the participant’s individual circumstances, and the requirements necessary to achieve the employment outcome.

(iii) Grade point average (GPA): Participants must maintain a cumulative GPA adequate to meet or exceed the academic and professional standards required for their designated field of study. This includes maintaining eligibility for federal financial aid, avoiding academic probation, and meeting the minimum academic criteria for entry into programs with competitive admission standards. In cases where no specific industry standard has been identified, participants must maintain a minimum cumulative GPA of 2.0 to remain eligible for continued Program funding.

(iv) Measurable skill gains (34 CFR 361.155(a)(1)(iv)) and credential attainment (34 CFR 361.155(a)(1)(v)): Participants are required to demonstrate measurable skill gains and actively work towards the attainment of credentials as outlined in their individualized plan for employment (IPE). The participant must provide appropriate documentation to the Program to ensure that these skill gains and credential achievements are properly tracked.

(g) Contact requirements for participants enrolled in training: The Program is required to establish regular check-ins with participants pursuing academic or vocational training, tailored to the individual’s needs, in order to address any issues that may impede progress toward the completion of their program. More frequent contact may be required as deemed necessary by the Program.

(h) Financial aid and comparable benefits: All participants seeking Program support for academic or vocational training are required to annually apply for financial aid through the Free Application for Federal Student Aid (FAFSA) and any other applicable comparable benefits.

(A) These applications must be submitted as soon as they become available through Free Application for Federal Student Aid (FAFSA) or the relevant entity, but no later than the designated deadlines set by Free Application for Federal Student Aid (FAFSA) or any other applicable entities.

(B) Participants must pursue and use comparable benefits, including grants and community resources prior to the Program providing funding for educational costs, including tuition, fees, books and supplies. Participants who have been offered the Oregon Promise Grant must use this benefit. The participant shall seek comparable benefits at the earliest possible stage during the individualized plan for employment (IPE) development process.

(C) In instances where the selected training institution does not offer federal financial aid, the Program must document the exploration of available comparable benefits and evaluate alternative institutions that offer federal financial aid, to ensure enrollment at a non-financial aid eligible institution is justified.

(D) All participants, including those in pursuit of a master's degree or higher or known to be in default on student loans, must apply for Free Application for Federal Student Aid (FAFSA).

(E) Participants who are in default on student loans shall not be eligible for Program support for training at institutions that offer federal financial aid.

(F) Individuals who received a federally determined Total and Permanent Disability Discharge must complete the Free Application for Federal Student Aid (FAFSA) application and must utilize any financial aid awards outlined in their award letter.

(G) If a duplicate payment arises due to the timing of Program support and financial aid is dispersed, the participant must promptly notify the Program when aware of the duplication. Upon such notification, the Program shall take immediate action to adjust projected payments, recover the duplicate funds, or both.

(i) Understanding and calculating Program maximum financial contribution: The Program shall use the VR Financial Aid Calculation Worksheet to determine the maximum financial contribution available to a participant.

(A) This worksheet must be completed on an annual basis or whenever there is a change to the participant’s financial aid package.

(B) All information used in the calculation must be current and taken from the participant’s accepted financial aid award letter issued by the institution the individual attends.

(C) The results of this calculation shall update the individualized plan for employment (IPE) with accurate financial information. The calculation is based on data obtained from the Free Application for Federal Student Aid (FAFSA) and the financial aid information from the specific institution of attendance. The Program’s formula aligns with the federal financial aid process and incorporates the Student Aid Index (SAI).

(D) To determine the Program’s maximum financial contribution, the Cost of Attendance (COA) at the institution the individual attends shall be reduced by the Student Aid Index (SAI), financial aid awards, and any expenses not allowable under Program policy. The resulting amount represents the Maximum VR Contribution and shall not exceed the total Cost of Attendance.

(i) Examples of financial aid awards include but are not limited to: Federal Pell Grant (PELL), Federal Supplemental Education Opportunity Grant (FSEOG/SEOG), Oregon Opportunity Grant (OOG).

(ii) Any individual who has been determined eligible for, and is currently receiving, Social Security benefits under Title II (Social Security Disability Insurance – SSDI) or Title XVI (Supplemental Security Income – SSI) of the Social Security Act are exempt from any financial contribution toward services outlined in the individualized plan for employment (IPE). When completing the VR Financial Aid Calculation Worksheet for such individuals, the Program shall exclude the Student Aid Index (SAI) from the financial contribution calculation.

(iii) Mandatory participant contributions identified through the Financial Needs Test (FNT) are not used to calculate the Program’s maximum contribution for academic or vocational training, nor applied to any other part of the individualized plan for employment (IPE).

(E) After completing the VR Financial Aid Calculation Worksheet, the Program may authorize funding for allowable educational expenses, including tuition, fees, books, and required supplies, up to the Maximum VR Contribution, but not exceeding the established Cost of Attendance.

(F) Participants are responsible for reporting all financial contributions toward the Cost of Attendance (COA) to the institution's Financial Aid Office (FAO). The Program shall not be held responsible for any over-award situations that may result from the inclusion of the Program’s financial support.

(G) The Program shall continue to utilize data derived from the Free Application for Federal Student Aid (FAFSA) and the financial aid information provided by the institution the individual attends to assess its financial contribution. In the event of changes to federal financial aid terminology or methodology, the Program maintains consistency in its process by relying on the most current financial information made available through the Free Application for Federal Student Aid (FAFSA) and institutional sources.

(j) Allowable academic and vocational training costs: The Program's financial assistance for a participant’s academic or vocational training program shall not exceed the cost identified as the public in-state rate. The Program prioritizes support for academic or vocational training at the college, university, or vocational training institution that is geographically nearest to the participant’s place of residence.

(A) When no publicly supported school offers a comparable program necessary to reach the employment outcome, the Deputy Director of Direct Services may grant an exception to the requirement to use the public in-state rate.

(B) Any request for housing support, regardless of the participant’s degree or certification level, shall require prior written approval from the Deputy Director of Direct Services.

(i) Approval of housing support shall be granted exclusively on the basis of substantiated disability-related accessibility needs.

(ii) This requirement ensures uniformity in the application and administration of housing-related supports across all Program participants statewide.

(C) If a participant elects to study at an out-of-state institution, enrolls in a private institution, or is not an Oregon resident, the Program shall determine the maximum contribution based on a comparable public in-state program.

(i) To complete the Program VR Financial Aid Calculation Worksheet, the Program must identify a comparable in-state program offered at a public institution geographically closest to the participant’s residence that aligns with the established selected employment goal.

(ii) The Cost of Attendance for the identified comparable program shall serve as the basis for the financial aid calculation and must be obtained from the institution’s official website or Financial Aid Office.

(k) Disallowed training services:

(A) For participants who are employed, the Program shall not develop or fund academic or vocational training that is available through the employer’s staff development programs.

(B) For current high school students, the Program shall not provide academic or vocational training services that are available through the secondary school system, as these services are considered comparable benefits.

(C) Under no circumstances, including supervisory pre-approval, shall the Program make student loan payments for a participant.

(D) The Program shall not authorize or provide funding for training-related expenses including entertainment expenses, such as fees for social activities and social organizations; memberships in fraternities and sororities; student loan fees; traffic infractions; and Institution fines.

(l) Academic accommodations: Academic institutions must ensure reasonable accommodations are provided in accordance with applicable laws and regulations. The Program shall inform participants of the availability of disability-related services through the institution’s designated office for students with disabilities and facilitate access to such services as appropriate.

(2) On-the-job training

(a) On-the-job training (OJT) refers to training in specific occupational skills provided directly by an employer at a worksite. In order to establish on-the-job training (OJT), the participant must be formally hired by the employer.

(b) The Program may authorize on-the-job training (OJT) when it is determined that training at a worksite is the most appropriate means of preparing the individual for an employment outcome.

(c) A formal, written agreement must be completed by the Program and signed by the participant, VR Counselor, and the employer prior to the start of the on-the-job training (OJT). This agreement shall detail the terms, conditions, and expectations of the training. The employer is required to:

(A) Provide workers’ compensation coverage for the participant; and

(B) Submit monthly progress reports to the VR counselor to document the participant’s advancement toward skill acquisition as defined in the agreement.

(d) The VR counselor, in coordination with the employer, shall determine the appropriate period of the training and negotiate the percentage of wages for which the Program provides reimbursement. The Program shall use an authorization for purchase (AFP) to reimburse an employer for wages paid to a participant.

(3) Maintenance: The Program shall only pay or provide for maintenance expenses consistent with the definition of this term in 34 CFR 361.5(c)(34).

(a) Clothing: Clothing purchases may be authorized if the need is a result of participation by the individual in a vocational rehabilitation program and the individual does not possess sufficient financial resources to provide for these expenses. These must be appropriate in type and in a price range, comparable to clothing items normally used by individuals engaged in similar rehabilitation, training, or employment settings.

(b) Permanent relocation and moving expenses. The Program may authorize payment up to $3,500 for the permanent relocation of a participant, or a participant and family, when a move is necessary for the individual to achieve their vocational goal. Included in this category are expenses for deposits and other relocation expenses.

(c) Short-term relocation expenses. The Program may authorize short-term moving and relocation expenses above and beyond regular daily expenses when the Program has determined that it is less costly than having the individual commute for employment or training. These employment or training services must not be available in their immediate area of their residence. This may not apply to students who relocate to attend academic and training. [Refer to area discussing maintenance costs related to academic and training.]

(d) Routine private vehicle maintenance. It is the vehicle owner's responsibility to maintain a private vehicle. The Program does not pay for routine costs associated with maintenance of a vehicle. The Program may make an exception if it determines circumstances justify vehicle maintenance. [Also see OAR 582-070-0035]

(e) Travel and related expenses for personal assistance. If a participant cannot participate in the training or services without the assistance of the personal assistant, the Program may provide travel and related expenses for personal assistance services. The personal assistant may travel with the participant if such services are necessary to enable the individual to travel to participate in a vocational rehabilitation assessment or service.

(f) Vehicle insurance:

(A) Oregon law requires insurance to operate a vehicle and it is an ongoing maintenance expense.

(B) The Program generally does not purchase insurance for a participant. Should extenuating circumstances exist, the Program may approve reimbursement to a participant for insurance premiums for a vehicle.

(i) The funding is in support of a specific vocational goal identified in the participant’s individualized plan for employment that requires the participant to operate a vehicle and is necessary to overcome a disability-related barrier to the participant’s employment.

(ii) The participant can safely own and operate the vehicle.

(iii) The participant possesses a valid driver's license.

(iv) The participant can pass a criminal background check completed by the Program.

(v) The participant possesses, or can obtain and maintain, insurance that meets the minimum coverage required by the laws of this state.

(D) Approval must occur for a limited duration, must be reviewed on a monthly basis, and must cease once the participant’s case is closed; and

(E) Reimbursement shall not be in excess of the minimum coverage required by the laws of this State. [Source: 582-070-0025(6)(c)]

(4) Transportation Services:

(a) The Program may provide transportation services if the services are necessary to enable the applicant or eligible individual to participate in required vocational rehabilitation services.

(b) Selection of transportations services shall:

(A) Give preference to the most inexpensive alternative as determined by the Program; and

(B) Take into consideration the circumstances and special needs of the individual.

(c) Comparable benefits must be examined before funding is approved. The Program must select the most cost-effective transportation option that meets the participant’s needs. [Source: 582-070-0025(2)(e)]

(5) Travel: When an individual’s travel requires lodging and meals, payment for lodging and meals shall be based on the definition of maintenance under 582-001-0010 and shall not exceed the current U.S. General Services Administration (GSA) domestic per diem rates for the state in which the lodging occurred.

(a) The per diem rate used shall be based on the rate for the city in which the individual lodges, or the rate for the city closest to where the individual lodges.

(b) In the event, an individual needs an airline ticket, reservations shall be made through the Department Director’s Office to purchase airline tickets.

(d) In those instances when the federal per diem rate is insufficient to cover the cost of lodging, or the individual has a disability-related need for more costly lodging, payment may exceed the federal per diem rate.

(e) Mileage reimbursement: The Program uses a program-established rate of client mileage reimbursement if the participant is provided transportation service in their individualized plan for employment. The Program shall reimburse transportation costs based first on:

(A) Published rates for public transportation in local metropolitan areas, and

(B) Averaging the Internal Revenue Service (IRS) standard mileage rates for the “Business” and “Moving/Medical” categories.

(6) Community Rehabilitation Program (CRP) Services

(a) State-wide rates are intended to pay only the anticipated cost of standard rehabilitation services.

(b) Services must be provided in the most inclusive setting possible and meet requirements for community integrated employment.

(7) Personal care assistance. A personal care assistant on a limited term basis is provided only when necessary to allow an individual to benefit from other vocational rehabilitation services, including assessment, and when the individual is not entitled to personal care assistance services from another source.

(8) Interpreter service. The Program provides interpreter service:

(a) Only when necessary to assist the individual to derive full benefit from other vocational rehabilitation services.

(b) Limitation: To be provided by the Program only when comparable benefits and services (34 CFR 361.5(c)(8)) are not available.

(9) Vendor Insurance:

(a) Providers of services shall obtain and maintain insurance as required by law for that provider.

(b) Additionally, the Program must assess that the appropriate level of insurance is provided given the service. The Program must provide a risk assessment as required by law and rule for each provider to determine minimum insurance requirements.

(10) Occupational Licenses, Tools, and Equipment for Training, Employment, or both:

(a) May be provided when required when an individual is in individualized plan for employment status. The Program accepts no responsibility for individual lease or rental agreements or deposits or the leased or rented items other than to reimburse the individual for such prior authorized expenditures.

(b) Repossessed items shall be used whenever appropriate and available.

(c) Except for personally prescribed items, title or ownership of a Program purchased or jointly purchased item is held by the Program (or jointly with the Program) until case closure when ownership may be transferred to the individual for non-expendable items deemed by the Program to be needed for continued success in the individual’s program.

(11) Land, stationary buildings, or real property (2 CFR 200.1 “Real property”): Are never purchased by the Program as a service to an individual. Existing buildings may be modified when necessary to enable an eligible individual to attain a vocational plan goal only to overcome a disability related barrier to employment. No permanent additions or weight bearing partitions are to be erected as services to individuals.

(12) Rehabilitation technology services: May be applied at any time during rehabilitation services to address disability related barriers to the individual’s participation in evaluation, training, and employment:

(a) The Program shall ensure that rehabilitation technology service providers are qualified in the areas of engineering skills, technology, or both as required for a given service. Selected Community Rehabilitation Programs’ Approvals may include rehabilitation technology services when State Standards for Approvals are met for rehabilitation technology services.

(b) Rehabilitation technology services are exempt from a determination of the availability of comparable benefits and services.

(A) All reasonably available comparable services shall be used before authorizing expenditure by the Program.

(B) Except as expressly exempted, services funded by the Program are subject to client financial participation. Individuals shall be required to contribute financially as set forth in OAR 582-070-0030. The contribution requirements apply for individuals submitting applications for services and for annual individualized plan for employment (IPE) reviews. [Source OAR 582-070-0030(2).]

(13) Service animals:

(a) Under the Americans with Disabilities Act, a service animal is defined as a dog or a miniature horse that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog or a miniature horse must be directly related to the person’s disability.

(b) The dog or a miniature horse must be trained to take a specific action when needed to assist the person with a disability.

(c) Emotional support, therapy, comfort, or companion animals are not considered service animals under the Americans with Disabilities Act. Emotional support, therapy, comfort, or companion animals are not trained to perform a specific job or task and do not qualify as service animals under the Americans with Disabilities Act.

History

Statutory/Other Authority: ORS 344.530
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 1-2026, amend filed 01/09/2026, effective 01/12/2026
VRS 3-2025, temporary amend filed 07/17/2025, effective 07/18/2025 through 01/13/2026
VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11
Reverted to VRS 3-2008, f. & cert. ef. 4-10-08
VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11
Reverted to VRS 3-2008, f. & cert. ef. 4-10-08
VRS 1-2009(Temp), f. & cert. ef. 2-11-09 thru 8-9-09
VRS 3-2008, f. & cert. ef. 4-10-08
VRS 2-2008, f. & cert. ef. 3-3-08
VRS 1-2008, f. & cert. ef. 2-4-08
VRS 5-2004, f. & cert. ef. 8-5-04
VRS 2-2003, f. & cert. ef. 12-31-03
VRS 1-2003, f. & cert. ef. 9-23-03
Reverted to VRD 4-1993, f. & cert. ef. 11-1-93
VRD 1-1996(Temp), f. 2-26-96, cert. ef. 3-1-96
VRD 4-1993, f. & cert. ef. 11-1-93
VRD 2-1992, f. & cert. ef. 4-20-92
VRD 1-1978, f. 3-14-78, ef. 3-15-78

Or. Admin. R. 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 certification by the U.S. National Institute for Automotive Excellence.

(b) “Qualified Occupational Therapist” (QOT) means an individual with specialized training and experience to complete a qualified vehicle modification evaluation for a participant seeking a vehicle modification. A QOT must have experience with people with physical disabilities and must have at least one of the following current certifications:

(A) Occupational Therapy Credential/Licensed by Oregon (OTR/L);

(B) Certified Driver Rehabilitation Specialist (CDRS); or,

(d) “Security Interest” as defined in Oregon Revised Statute (ORS) 801.465 means an interest in a vehicle reserved or created by agreement and which secures payment or performance of an obligation.

(e) “Serious traffic offense” means a conviction that directly results in the revocation, cancellation, or suspension, of the individual’s driver’s license or driving privileges by this state or another state or territory of the United States, and also means revocation of driving privileges of a person as a habitual offender under ORS 809.640 (Procedures on habitual offender determination) and ORS 809.600 (Kinds of offenses and number of convictions). A serious traffic offense also means an offense of:

(A) Speeding excessively, involving any speed of 15 miles per hour or more above a regulated, posted, or basic rule speed limit;

(B) Reckless driving, under ORS 811.140 (Reckless driving);

(D) Unsafe passing on the left, under ORS 811.410 (Unsafe passing on the left);

(E) Unsafe passing on the right, under ORS 811.415 (Unsafe passing on the right);

(F) Following too closely, under ORS 811.485 (Following too closely);

(G) Any violation of a motor vehicle traffic control law if the violation has the same offense date as a fatal accident, and the accident and violation occurred in the same incident;

(H) Operating a vehicle without proper classification or endorsement, under ORS 807.010;

(I) Operating a vehicle while suspended or revoked, under ORS 811.175 (Violation driving while suspended or revoked) or ORS 811.175 (Criminal driving while suspended or revoked);

(J) This subsection does not apply to violations of parking laws or laws regulating vehicle weight or equipment.

(f) “Vehicle modifications” are services involving the purchase and installation of adaptations or devices intended to meet the employment-related transportation needs of the participant.

(2) Requirements for funding vehicle repairs, modifications or purchase

(a) The Program may authorize funding for a participant’s transportation needs in the form of vehicle repairs, vehicle modifications, or vehicle purchase as part of the participant’s individualized plan for employment (IPE) if the requirements of this rule are met.

(b) Before authorizing funds for vehicle repair, vehicle modifications, or vehicle purchase, the Program must verify that:

(A) The funding is in support of a specific vocational goal identified in the participant’s IPE that requires the participant to operate a vehicle and is necessary to overcome a disability-related barrier to the participant’s employment. If the goal is self-employment:

(i) Transportation may not be the primary purpose of the self-employment plan; and,

(ii) The business plan must meet all established requirements for competitive integrated employment.

(B) Assessments, evaluations and tests demonstrate the funding is necessary to remove a transportation-related barrier.

(D) The participant possesses, or can obtain and maintain, a valid driver's license.

(E) The participant can pass a criminal background check completed by the Program.

(F) The participant possesses, or can obtain and maintain, insurance that meets the minimum coverage required by the laws of this state and subsection (6) of this rule.

(G) The participant will have sufficient income and resources to meet daily living expenses and cost of vehicle operation and replacement while participating in the Program and after a participant’s case is closed.

(c) In assessing whether a participant meets the requirements of subsection (2)(b) of this rule, the Program may require documents, assessments, evaluations, or tests which may include:

(A) Proof of the participant’s income, assets, and resources.

(B) A copy of a current and valid driver’s license and proof of title.

(C) “Granting VR authorization to obtain current and valid driving records, including a history of moving violations or criminal convictions related to driving a vehicle.

(D) Proof of insurance and policy information.

(d) Funding for vehicle repairs, vehicle modifications, or vehicle purchase shall not be authorized solely because a participant lacks transportation.

(e) Comparable benefits must be examined before funding is approved and the Program must select the most cost-effective transportation option that will meet the participant’s needs. If the participant is required to make a financial contribution based on the financial needs test, this amount must be applied toward the cost of any vehicle repair, vehicle modification, or vehicle purchase.

(f) The Program is not authorized to purchase warranties and shall assume no warranty responsibility.

(3) Additional requirements for funding vehicle repairs. In addition to the requirements of subsection (2) of this rule, the Program will not approve funding for repair expenses of a participant’s own vehicle unless:

(a) The repairs are necessary for the individual to safely and independently operate the vehicle;

(b) The repairs are essential to maintain the individual’s employment; and,

(c) The repairs are not routine maintenance expenses, except that some routine repairs may be approved under unique circumstances at the discretion of the branch manager.

(4) Additional requirements for funding vehicle modifications

(a) In addition to the requirements of subsection (2) of this rule, the Program shall not approve funding for modifications of a participant’s own vehicle, or for the purchase of a vehicle with modifications, unless:

(A) A Qualified Occupational Therapist (QOT) conducts a Qualified Vehicle Modification Evaluation at the Program’s expense and determines that the participant requires the proposed vehicle modification(s);

(B) The QOT determines that the participant is able to safely operate a vehicle with the specific modification(s); and,

(C) For used or participant-owned vehicles, an ASE Certified Mechanic inspects the vehicle and determines that the vehicle is mechanically sound and appropriate for modification. If applicable, the ASE Certified Mechanic must be independent from the vehicle seller.

(b) The participant shall be responsible for the costs of any vehicle modification not recommended and approved by a QOT in a Qualified Vehicle Modification Evaluation.

(c) Funding for second or subsequent vehicle modifications is limited to those needed to accommodate changes in the participant’s medical condition or diagnosis.

(d) Funding for vehicle modifications shall not be approved if the participant otherwise owns or operates another vehicle that meets the participant’s employment-related transportation needs.

(5) Additional requirements for funding vehicle purchase.

(a) In addition to the requirements of subsection (2) of this rule, the Program will not approve funding for the purchase of a used or new vehicle unless the requirements of this subsection are met, and the Director reviews and approves the funding.

(b) Funding for vehicle purchases shall not be approved for the purchase of a replacement or secondary vehicle unless the existing vehicle is found to be:

(A) Mechanically unsound and unable to be repaired, or,

(B) Inappropriate for modification, if modification is necessary.

(c) If the Program approves funding to purchase a used vehicle, the cost of the used vehicle must be determined using one or more independent appraisals.

(d) The Program must be the primary lien holder on any vehicle purchased with Program funds. The participant must agree to promptly execute and deliver all instruments and documents necessary for the Program to monitor its security interest in the vehicle.

(e) The participant must complete and sign the Program’s Vehicle Security Interest Agreement before funding will be approved. The participant must abide by and perform the obligations set forth in the Agreement for the duration of the Agreement.

(6) Insurance Requirements.

(a) The Program will not approve funding for vehicle repairs or modifications to a participant’s existing vehicle unless the participant provides proof of insurance in an amount at or above the minimum coverage required by the laws of this State.

(b) The Program will not approve funding for the purchase of a new or used vehicle unless the participant can obtain and maintain the following minimum insurance coverage:

(A) Bodily Injury (BI) $50,000 per person/$100,000 per accident;

(B) Property Damage to Others’ Property $40,000 per accident;

(D) Personal Injury Protection (PIP) $30,000 per person; and,

(E) Uninsured Motorist Bodily Insurance $50,000 per person/$100,000 per accident.

(c) The Program generally will not purchase insurance for a participant. Should extenuating circumstances exist, the Program may approve reimbursement to a participant for insurance premiums for a vehicle as follows:

(A) Approval must be made in writing by the branch manager;

(B) Approval must occur for a limited duration, must be reviewed on a monthly basis, and must cease once the participant’s case is closed;

(C) Reimbursement shall not be in excess of the minimum coverage required by the laws of this State or, for vehicles purchased with Program funds, the minimum coverage required by this rule; and,

(D) For vehicle purchased with Program funds, the approval shall not exceed the duration of the Program’s security interest in a vehicle.

(d) Insurance payouts

(A) Any insurance property liability payout for a vehicle purchased with Program funds shall be paid directly to the Program while the Program retains a security interest in the vehicle, unless that payout or a portion thereof is connected to personal property that Program did not purchase or the vehicle was only partially funded by the Program. The Program shall apply those funds toward vehicle repair or replacement, as appropriate.

(B) Any insurance personal liability payout or property liability payout that does not relate to property the Program purchased shall be paid directly to the participant or injured party, not the Program.

(C) If the Program partially funded the vehicle purchase and the participant contributed to its purchase, then a portion of the property liability payout proportionate to the participant’s investment in the vehicle should be paid directly to the participant and the remainder paid directly to the Program.

(7) Possession and repossession of purchased vehicles

(a) The participant shall not transfer, sell, or otherwise dispose of a vehicle purchased with Program funds while the Program retains a security interest in the vehicle.

(b) Repossession shall occur if the individual fails to achieve a successful rehabilitation.

(A) The participant must adhere to and perform the obligations set forth in the Vehicle Security Interest Agreement.

(B) The participant must comply with all federal and state laws governing the operation of a vehicle and must immediately notify the Program if cited for any violation(s) of law governing operation or use of vehicle.

(C) The participant must ensure the vehicle is maintained in a safe and road-worthy condition, and must immediately notify the Program of any incidents, crashes, or damage to the vehicle.

(D) If requested by the Program, the participant must make the vehicle available for inspection by an ASE qualified mechanic, and produce any other vehicle inspection reports, maintenance records, or other documents for inspection.

(E) The participant must notify and obtain written approval from the Program before obtaining any vehicle modification(s) not otherwise provided by the Program. The Program will require that any such modification:

(i) Be approved by a Qualified Occupational Therapist; and,

(ii) Be completed by an ASE qualified mechanic or a Program contracted vendor for vehicle modification.

(F) The participant is responsible for routine maintenance and associated costs. The participant shall proactively plan for the costs associated with maintenance, repair, and replacement.

(d) A participant may not be entitled to continued possession and use of a vehicle purchased with Program funds if transportation no longer remains a necessary component of the participant’s individualized plan for employment (IPE).

(e) The Program may assert its security interest and repossess a vehicle purchased with Program funds if:

(A) The participant fails to meet the requirements of this rule;

(B) The participant fails to perform the obligations set forth in the Vehicle Security Interest Agreement;

(D) The participant fails to comply with federal and state laws governing the operation and use of a motor vehicle that result in a serious traffic violation (OAR 582-070-0025(1)(e));

(E) The participant fails to possess and maintain the insurance coverage required under this rule;

(F) The participant no longer requires transportation as part of the participant’s individualized plan for employment (IPE); or,

(G) The participant has their file closed and services terminated as other than rehabilitated under OAR 582-060-0020(1).

(f) A participant must return a vehicle to the Program when the Program is entitled to repossession.

(g) In the event the Program successfully reclaims a vehicle such that the participant no longer has a legal claim to possession, the Program must reassign or otherwise dispose of the vehicle in accordance with State of Oregon, Department of Administrative Services surplus property disposition guidelines.

(8) Lien satisfaction

(a) The Program’s security interest in a vehicle purchased with Program funds will be satisfied when:

(A) The participant meets the requirements for competitive integrated employment;

(B) The participant delivers wage documentation to the Program staff from initial hire and 90 days after hire; and

(C) The participant otherwise completes all requirements established by the Program to achieve a successful rehabilitation such that the Program can close the Participant’s file and terminate services as rehabilitated under OAR 582-060-0020(2).

(b) Within no more than 60 days of the date that the participant’s file is closed as rehabilitated, the Program shall take necessary steps to remove its lien on the vehicle. The participant shall promptly execute and deliver all further documents necessary for the Program to remove its lien.

(c) The participant shall maintain the vehicle after successful case closure at the participant’s own expense and liability. The Program shall have no further warranties or interest in the vehicle.

(9) Participant is unable to drive

(a) If the Program determines that the participant is unable to drive safely, the Program may permit a qualified driver, other than the participant, to operate the vehicle. Such permission must be documented in writing in the participant’s file.

(b) Before approval is given, the qualified driver must provide the Program with records and information demonstrating that the qualified driver meets the requirements of this rule regarding the safe and lawful operation of a motor vehicle.

(10) Denial of funds for vehicle repair, modification or purchase.

(a) The Program may deny funds for vehicle repair, modification or purchase if:

(A) The participant fails to cooperate with required evaluations, assessments, or tests, or to produce records or documentation required by this rule;

(B) It is determined that the participant or the participant’s qualified driver is unable to drive safely; or

(b) If the participant disagrees with the Program’s denial, the participant shall be afforded the right to review under the Program’s dispute resolution process at OAR Chapter 582, Division 20.

History

Statutory/Other Authority: ORS 344.530
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 1-2022, amend filed 03/08/2022, effective 03/08/2022
VRS 1-2021, temporary amend filed 09/09/2021, effective 09/10/2021 through 03/08/2022
VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11
Reverted to VRS 1-2008, f. & cert. ef. 2-4-08
VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11
VRS 1-2008, f. & cert. ef. 2-4-08
VRS 5-2004, f. & cert. ef. 8-5-04
VRS 1-2003, f. & cert. ef. 9-23-03
VRD 2-1996, f. & cert. ef. 8-28-96

Or. Admin. R. 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 shall not make any charge to or accept any payment from the individual or their family for such services unless the amount of the service charge or payment to be borne by the individual is previously agreed to by the individual or their family, known to and, where applicable, approved by the Program.

(2) Client financial participation and the financial needs test: Except as expressly exempted, services funded by the Program are subject to client financial participation. Individuals shall be required to contribute financially as set forth in OAR 582-070-0030. The contribution requirements apply for individuals submitting applications for services and for annual individualized plan for employment (IPE) reviews.

(a) Individual participation in service costs encourages commitment to and investment in a successful vocational rehabilitation process. Service equity is advanced and limited Program resources are expanded when the financial contribution is individualized.

(b) Except as provided in OAR 582-070-0030(2)(j) and (k), the following individuals are exempt from any mandatory client financial participation:

(A) Any individual who has been determined eligible for and is currently receives Social Security Benefits under Title II (Social Security Disability Insurance, SSDI) or Title XVI (Supplemental Security Income, SSI) of the Social Security Act;

(B) Recipients of qualifying needs-based governmental public assistance programs, including Self Sufficiency Cash Benefits, Oregon Health Plan (OHP), Temporary Assistance for Needy Families (TANF), and Supplemental Nutrition Assistance Program (SNAP), but excluding financial aid for post-secondary education;

(c) Except as provided in OAR 582-070-0030(2)(j) and (k), the following services are exempt from client financial participation:

(A) Assessment to determine eligibility, vocational rehabilitation needs, or priority for services, including assessment by personnel skilled in rehabilitation technology;

(B) Vocational rehabilitation counseling and guidance, including information and support services to assist an individual in exercising informed choice;

(C) Referral and other services necessary to assist applicants and eligible individuals to secure needed services from other agencies, including other components of the statewide workforce investment system and to advise those individuals about client assistance programs;

(D) Job related services, including job search and placement assistance, job retention services, follow-up services, and follow-along services;

(E) Auxiliary aids or services, required to participate in the vocational rehabilitation program, such as interpreter services, including sign language and oral interpreter services, for individuals who are deaf or hard of hearing, and tactile interpreting services for individuals who are deaf-blind provided by qualified personnel. Note: Hearing aids are not considered auxiliary aids. See OAR 582-001-0010(9).

(d) Under the financial needs test, individuals with annual family income of less than 300 percent of the federal poverty guidelines are not subject to client financial participation.

(A) The Program will publish the client financial participation rates annually.

(B) This transmittal shall determine the mandatory contribution to document in the individualized plan for employment (IPE).

(e) Client financial participation shall be determined at the time that the IPE is written, and annually thereafter. Client financial participation shall not exceed the annual cost of non-exempt services as described in the IPE.

(f) The Program shall use the following definitions to calculate client financial participation:

(A) "Income" means the adjusted gross income from the most recent federal tax return.

(B) "Family income" means the income from the individual, the spouse of the individual if residing with the individual and includes parental income if the individual is under 26 and living with a parent.

(C) "Federal poverty guidelines" means the current poverty guidelines of the United States Department of Health and Human Services.

(D) "Size of the family unit" means, for the purpose of selecting the appropriate federal poverty guideline, those family members residing with the individual or claimed on federal taxes as dependents.

(E) “Disability-related expenses” means non-reimbursed deductions excluded from individual’s income for the purpose of determining the client financial participation. These include, but are not be limited to:

(i) Medical expenses (including co-payments)

(ii) Therapeutic treatments

(iii) Specialized equipment

(iv) Specialized care

(v) In-home care

(vi) Loss of work time

(vii) Access to resources that impact where they live and work

(F) “Participant contribution rate” means the payment rate that Program participants shall contribute, if a contribution is required.

(i) Disability related deductions and the annual federal poverty guideline allowance shall be subtracted from the individual’s adjusted gross annual income. This resulting amount shall be multiplied by one percent to provide the client contribution for the individualized plan for employment. The contribution shall not exceed the annual cost of non-exempt services to the Program.

(ii) Formula: (Income – (non-reimbursed disability related deductions + annual federal poverty guideline allowance)) * 1.0% if greater than zero and less than the annual cost of non-exempt services to the Program.

(g) If the individual or their family choose not to share information about their income as part of the calculation of the client financial participation, an annual, mandatory individual contribution of $3,500 shall be established, not to exceed the annual cost of non-exempt services to the Program.

(h) The maximum contribution is the lesser of the amount determined by the contribution formula (OAR 582-070-0030(f)(F)) or $3,500 annually.

(i) Subsequent financial needs tests shall be conducted:

(A) During the annual review of the individualized plan for employment (IPE), and,

(B) May also be conducted if there is a change in the financial situation of either the individual or the family unit that impact the client financial participation rate.

(j) A hardship waiver shall be considered:

(A) When the counselor identifies other information related to the individual's financial situation that negatively affects the individual's ability to participate in the cost of the rehabilitation program; or,

(B) If requiring the expected financial contribution will result in undue delay in the rehabilitation program.

(C) In determining whether to make an adjustment for hardship, the Program may consider the individual's current income and the reasons for the request. If the hardship justifies an exception, the Program may delay or waive all or part of the individual's financial contribution.

(D) Examples of hardship would include:

(i) A change in the individual’s household income from the previous year, such as job loss, injury or illness that results in the individual’s ability to maintain prior income level.

(ii) If the individual’s income has remained stable but there have been significant financial hardships within the last 12 months that are involuntary or out of the individual’s control. In this case, extenuating circumstances may be considered.

(E) To request a hardship waiver the counselor shall:

(i) Provide individual’s documentation of the reasons for the hardship waiver to their supervisor; and,

(ii) Obtain written approval of their supervisor;

(iii) Maintain both the documentation of circumstances and written approval in the case service record.

(k) All authorizations for services must meet the rehabilitation needs of the individual and shall be of the most reasonable and satisfactory quality at the lowest available cost.

(A) In the circumstance when an individual prefers an upgrade, enhancement, or optional feature that results in a higher cost but is not required to satisfy the rehabilitation needs that justify the expenditure, the Program may agree to allow the individual to pay the difference in cost of the item or service.

(B) In this situation, payment is required regardless of any exempt status that might apply to the individual or item; and,

(C) Any payments by the individual in this situation do not count toward any applicable mandated client financial participation.

(l) An IPE may include voluntary client contributions.

(3) Student Financial Aid: The Program assures that maximum effort is made by the individual to secure student financial aid or assistance for any approved training in institutions of higher education. Maximum effort includes making timely application for such grant, scholarship, or community resource assistance on a consistent basis and utilizing such benefits as are available in lieu of Program funding.

(a) Coverage: All individuals, including graduate students, must apply for all financial aid benefits each academic year.

(A) All need-based grants, including Pell Grants and Student Employment Opportunity Grants, must be used to pay for educational costs, including tuition and books, before an individual may utilize Program funds for this purpose.

(B) The requirement to apply all funds and grants does not apply to merit-based grants, merit-based scholarships or loans. However, individuals may voluntarily elect to use these funds, as well as work study and loans for this purpose.

(b) Other comparable benefits or services: If a third party (e.g., employer, insurance company, Workers’ Compensation Division) is required to or agrees to pay or reimburse the Program all of the case service rehabilitation costs of the individual, the financial aid grant offer need not be applied against the plan costs nor treated as a comparable benefit;

(c) Late Applications: Pending determination of student aid by the financial aid officer, Program funds can be expended for education-related expenses between the date of application for financial aid and determination of the individual's eligibility for federal student aid provided that such expenditures are reduced by any amounts of comparable benefits subsequently received, excepting student loans;

(d) Duplicate Payments: When student financial aid is approved, arrangements must be made promptly to reduce projected Program payments and/or recover duplicate payments;

(4) For Injured Workers: The Program shall provide only for the cost of those rehabilitation services which are not the responsibility of the employer, insurer, or workers covered under the Oregon Worker's Compensation Division.

(5) Maintenance: The Program shall not provide maintenance except for additional costs incurred while participating in authorized services, such as when the individual must maintain a second residence away from the regular household in order to achieve a rehabilitation goal. Such maintenance shall be provided according to the provisions under OAR 582-070-0020(4), 582-001-0010(47), and 34 CFR 361.5(c)(34).

(6) Physical and Mental Restoration Services: Are provided only to improve a diagnosed physical or mental condition that presents a substantial impediment to employment for the eligible individual. All authorized services must be essential for the individual's achievement of an employment outcome. All support and authorization for physical and mental restoration services must follow payment parameters as set forth in OAR 582-075.

(a) Prescription Medications:

(A) When a licensed health care professional who has the authority to prescribe drugs recommends prescription medication, if practical, the lowest price (e.g., generic) shall be obtained prior to issuing an authorization;

(B) Controlled substances require a prescription; an attending physician's statement under ORS 475.309(2)(a) does not qualify as a prescription.

(b) Dental Services: Dental care may be provided by the Program when the condition of teeth or gums imposes a major impediment to employment (e.g., endangers health). Dentures, when necessary for employment, may be purchased from licensed dentists or certified denturists;

(c) Eye Glasses: Eye glasses may be purchased when determined essential for evaluation of eligibility or the achievement of the employment outcome, limited to basic frames and lenses unless other features are medically required (e.g., sun glasses, tints, coatings, contact lenses);

(d) Wheelchairs: The Program may purchase a wheelchair when the equipment is required to reduce or eliminate a disability related functional limitation that is a substantial impediment to employment. Wheelchairs must be prescribed by a qualified medical specialist;

(e) Hearing Aids. The Program may provide hearing aids only when:

(A) Necessary to reduce or eliminate a substantial impediment to employment for the eligible individual.

(B) Essential to complete an evaluation necessitated for Program eligibility or plan services;

(D) Unless hearing aids are required to complete a Program application, the purchase of these devices must be completed as a plan service.

(f) Other Prosthetic Devices: Prosthetic devices may be purchased only when prescribed by appropriately licensed medical professionals;

(g) Psychotherapy: Group or individual psychotherapy may be provided in those instances when required for a person to reach an employment outcome and when an immediate and positive goal related impact is anticipated. A specific number of sessions or a specified time limit is required. The Program may limit these services to those recommended by a Program psychological or psychiatric consultant;

(h) Physical or mental restoration services shall not be provided by the Program for the treatment of an acute or chronic medical complication or emergency unless these are associated with or arise out of the provision of physical or mental restoration services in the IPE or are inherent in the condition under treatment as described in the IPE.

(i) Corrective surgery or therapeutic treatment shall not be provided or funded by the Program if it is not likely within a reasonable period to correct or substantially modify a stable or slowly progressive physical or mental impairment that constitutes a substantial impediment to employment.

(7) Services Not Provided: The Program shall not authorize or provide funding or reimbursement for the following services:

(a) Any individual-incurred debt;

(b) Any services obtained by the individual prior to the date of application;

(d) Fines or penalties. Examples include traffic violations, parking tickets, library fines.

(e) Breakage fees and other refundable deposits;

(f) Contributions and donations;

(g) Entertainment costs;

(h) Payments to credit card companies;

(i) Authorization to supermarkets or grocery stores for food items;

(j) Warranties.

(A) Examples of warranties that are not permitted:

(i) Extended warranties or service contracts for vehicle modifications

(ii) Extended warranties or service contracts for hearing aids

(B) Examples of warranties that are permitted are items that are sold with an implied warranty as part of the manufacturing process:

(i) Tools that are sold with a lifetime warranty

(ii) Products that are sold with a money back guarantee

(k) Maintenance outside of the definition as set forth in 34 CFR 361.5(c)(34).

(l) Services prior to eligibility determination unless they are required to complete the eligibility determination and priority for service.

(8) The Program shall not contract with individuals receiving Program services, except:

(a) When the individual is an active vendor for the Program prior to application for Program services.

(b) Contracted services shall not be authorized in the region or community from which the individual is provided services.

History

Statutory/Other Authority: ORS 344.530
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 2-2022, amend filed 09/08/2022, effective 09/09/2022
VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11
Reverted to VRS 1-2008, f. & cert. ef. 2-4-08
VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11
VRS 1-2008, f. & cert. ef. 2-4-08
VRS 5-2004, f. & cert. ef. 8-5-04
VRS 2-2004, f. & cert. ef. 3-9-04
VRD 4-1993, f. & cert. ef. 11-1-93
VRD 2-1992, f. & cert. ef. 4-20-92
VRD 2-1981, f. & ef. 12-1-81
VRD 1-1978, f. 3-14-78, ef. 3-15-78

Or. Admin. R. 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), ownership or title is transferred to the individual.

(2) If an individual is closed as 'other than rehabilitated', or if tools, supplies, equipment, vehicles, etc., are not needed while the individual is receiving plan services or not needed by the individual employed at the time of a successful closure, where practical and appropriate, such property shall be repossessed and reassigned or otherwise disposed of by OVRS if this property was funded by OVRS and has a current aggregate value of $1000 or more:

(a) For such property with a current aggregate value under $1000, the counselor may agree to transfer the property to the ownership of the individual. Such agreements are only valid if the agreement is written. If there is no such agreement, the counselor shall make a reasonable effort to repossess the property through voluntary cooperation by the involved individual, individual's family or other individual who may be in current possession of said property, including small claims court; and

(b) For property with current values estimated to be $1000 or more in the aggregate, OVRS may pursue, if necessary, other available legal means to regaining such property, or its equivalent value, including obtaining advice or assistance from the office of the attorney general.

(3) Any property funded by OVRS that has been purchased via prescription (such as glasses, hearing aids, wheelchairs) may be retained by the individual, with justification at closure documented in the individual’s record.

History

Statutory/Other Authority: ORS 344.530
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11
Reverted to VRS 1-2005, f. & cert. ef. 1-11-05
VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11
VRS 1-2005, f. & cert. ef. 1-11-05
VRS 5-2004, f. & cert. ef. 8-5-04
VRD 2-1992, f. & cert. ef. 4-20-92

Or. Admin. R. 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, should be consistent with the individual’s strengths, resources, priorities, concerns, abilities, capabilities and interests, providing the individual full opportunity to exercise informed choice in the selection of their employment outcome.

History

Statutory/Other Authority: ORS 344.530(2)
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11
VRS 5-2004, f. & cert. ef. 8-5-04
VRD 1-2000, f. & cert. ef. 7-24-00

Or. Admin. R. 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 counselor and/or Small Business Development Center at a local community college, a micro-enterprise organization, private business consultant, consultant from the Service Corps of Retired Executives (SCORE) or other similar source(s). The business plan shall be used by the counselor and the individual, in consultation with a qualified expert, to evaluate the viability of the business, as well as provide the individual with a blue print for the business. The business plan shall outline the financial projections of the business, the business marketing plan, and the method and schedule of ongoing record keeping and analysis that shall be used to evaluate the progress of the business. If the plan is viable, it can also be used to apply for any needed funding.

(2) "Self-employment" means working for oneself, in a business that sells goods or services. Self-employment may be a sole proprietorship, partnership, or corporation. If the business plan includes a partnership or corporation, and OVRS funding is requested, the individual must be the owner, controlling partner or controlling shareholder of the corporation.

(3) "Start-up costs" mean those costs as described in the business plan required in order for a business to begin operation. Start up costs that are considered reasonable and necessary shall only be considered for funding by OVRS after all comparable services and benefits have been applied. Reasonable and necessary start-up costs required to establish the business may be provided by the OVRS in accordance with applicable purchasing rules and regulations.

(4) "Viable" when used with "business plan" means a business plan that has a reasonable chance of success leading to self sufficiency, based upon a market feasibility study; financial review of projected revenue, expenditures and assets; and the demonstrated technical and business management skills and abilities of the individual. An analysis of the ongoing costs required for the operation of the business and the resources that will cover those expenses will also be necessary to determine whether the projected resources will be sufficient to cover ongoing operational costs of the business. In order to be "viable" the individual’s technical skills must be commensurate with those required of the self-employment venture. A business plan, to be viable, has been reviewed, in consultation with the individual and the OVRS counselor, by an individual or organization with a credible background in business planning. Although OVRS does not require that an individual utilize loan funds as a comparable benefit, a business plan may require loan funding or additional funding sources other than OVRS (e.g., family, friends) in order to be considered viable.

History

Statutory/Other Authority: ORS 344.530(2)
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11
Reverted to VRS 5-2004, f. & cert. ef. 8-5-04
VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11
VRS 5-2004, f. & cert. ef. 8-5-04
VRD 1-2000, f. & cert. ef. 7-24-00

Or. Admin. R. 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 individual’s disability-related barriers to employment. The Vocational Rehabilitation Counselor shall ensure the individual's business plan and the Individualized Plan for Employment (IPE) incorporates the strengths, resources, priorities, concerns, abilities, capabilities, and interests identified in a comprehensive assessment. In order to ensure the individual is provided full opportunity to exercise informed choice, OVRS may:

(a) Help the individual evaluate his or her abilities, and interest in managing a business, including both formal evaluation, as well as observation and assessment of the individual's planning skills, ability to formulate a marketing and business plan, aptitudes to perform skills intrinsic in the operation of the business, initiative, commitment, and follow-through on tasks;

(b) Help the individual develop a viable business plan;

(d) Identify, in full consultation with the individual, the measurements that shall be used to determine progress toward the planned outcome.

(e) Work with the individual to understand the risks and responsibilities of owning and operating a business, especially when funds are borrowed to capitalize and support ongoing business needs; and

(f) Assist with reasonable and necessary start-up costs of viable business plans when appropriate.

(2) If the individual's formal business plan is determined to be viable, the counselor and the individual shall complete the individual's Individualized Plan for Employment (IPE). The IPE must:

(a) Specify needed services and costs, including training in specific skill areas in starting and owning a business, if the individual lacks skills necessary for successful business management;

(b) Identify Assistive Technology and any other accommodations required;

(d) Include a plan to monitor and evaluate the success of the business through scheduled reviews with the individual, and individual provided financial and marketing activity reports, as defined in the business plan.

History

Statutory/Other Authority: ORS 344.530(2)
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11
Reverted to VRS 5-2004, f. & cert. ef. 8-5-04
VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11
VRS 5-2004, f. & cert. ef. 8-5-04
VRD 1-2000, f. & cert. ef. 7-24-00

Or. Admin. R. 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 necessary start up costs for a business as part of a individual's Individualized Plan for Employment. In order for a plan to be viable, other funding sources may be necessary to cover costs identified in the business plan that would not be covered by OVRS.

(2) Funding for the business plan may include, but is not limited to, the individual's own resources; comparable services and benefits; loans from banks, finance companies or venture capitalists; grants; foundations; loans or loan guarantees from the Small Business Administration; local and state economic development funds; help from family or friends; a Social Security Plan for Achieving Self Support (PASS); or other such resources.

(3) The individual is not required to accept a loan or utilize a PASS plan to fund the business plan. However, to be viable, a business plan may require additional funding such as that in a subsection (2) to cover the cost of the business venture.

(4) Except for reasonable and necessary initial start-up costs, OVRS shall not pay for ongoing functions intrinsic to the operations of the business. Any request for initial start-up costs must include:

(a) The determination that OVRS and the individual have explored all reasonable self-employment funding options, as identified in subsection (2); and

(b) The determination that available financial resources, as identified in subsection (2), will not meet the reasonable and necessary start-up costs for the business.

(c) Verification from the qualified expert approving the business plan that the requested start up costs are reasonable, necessary, and representative of what would be required for a start up business to begin operations.

(5) OVRS shall assume no financial liability for debts, including existing debt. Any loss shall not be reimbursed by OVRS.

(6) If additional funding such as that in subsection (2) is required to cover the cost of the business venture, the individual shall decide, based upon informed choice about the funding options available, whether to proceed with the business plan. This may include deciding to accept a loan for capitalization and ongoing business expenses.

History

Statutory/Other Authority: ORS 344.530(2)
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11
Reverted to VRS 5-2004, f. & cert. ef. 8-5-04
VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11
VRS 5-2004, f. & cert. ef. 8-5-04
VRD 1-2000, f. & cert. ef. 7-24-00

Division 72 SUPPORTED SERVICES

Or. Admin. R. 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 individual with a significant disability, and

(b) Designed to meet the specific abilities of the individual and the business needs of the employer, and

(A) Job exploration by the individual; and

(B) Working with an employer to facilitate placement, including -

(i) Customizing a job description based on current employer needs or on previously unidentified and unmet employer needs;

(ii) Developing a set of job duties, a work schedule and job arrangement, and specifics of supervision (including performance evaluation and review), and determining a job location;

(iii) Using a professional representative chosen by the individual, or if elected self-representation, to work with an employer to facilitate placement; and

(iv) Providing services and supports at the job location.

(2) “Business startup costs” means amounts paid or incurred for

(a) Creating an active trade or business, or

(b) Investigating the creation or acquisition of an active trade or business. Start-up costs include amounts paid or incurred in connection with an existing activity engaged in for profit, and for the production of income in anticipation of the activity becoming an active trade or business.

(A) It is a cost that is paid or incurred to operate an existing active trade or business (in the same field as the one you entered).

(B) It is a cost paid or incurred before the day your active trade or business begins.

(d) Start-up costs include amounts paid for the following.

(A) An analysis or survey of potential markets, products, labor supply, transportation facilities, etc.

(B) Advertisements for the opening of the business.

(D) Travel and other necessary costs for securing prospective distributors, suppliers, or customers.

(E) Salaries and fees for executives and consultants, or for similar professional services.

(e) Nonqualifying costs. Start-up costs shall not include deductible interest, taxes, or research and experimental costs.

(A) Research and experimental costs means activities intended to provide information that would eliminate uncertainty about the development or improvement of a product.

(B) Uncertainty exists if the information available to you does not establish how to develop or improve a product or the appropriate design of a product.

(C) Whether costs qualify as research and experimental costs depends on the nature of the activity to which the costs relate rather than on the nature of the product or improvement being developed or the level of technological advancement.

(3) “Essential functions of the job” means the fundamental job duties of the employment position the individual with a disability holds or desires. The term “essential functions” does not include the marginal functions of the position.

(a) A job function may be considered essential for any of several reasons, including but not limited to the following:

(A) The function may be essential because the reason the position exists is to perform that function;

(B) The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed; and/or

(C) The function may be highly specialized so that the incumbent in the position is hired for his or her expertise or ability to perform the particular function.

(b) Evidence of whether a particular function is essential includes, but is not limited to:

(A) The employer's judgment as to which functions are essential;

(B) Written job descriptions prepared before advertising or interviewing applicants for the job;

(D) The consequences of not requiring the incumbent to perform the function;

(E) The terms of a collective bargaining agreement;

(F) The work experience of past incumbents in the job; and/or

(G) The current work experience of incumbents in similar jobs.

(4) “Job coaching” means direct services authorized by Program staff and provided for the job to teach participant the essential skills necessary to complete required job tasks beyond what is normally provided by the employer.

(5) "Job stability" means the participant and employer agree that job is satisfactory, the participant is adequately performing the duties of the job to the participant’s and employer’s satisfaction, job continues to match the vocational goal and number of hours as listed on referral, and long term supports, if needed, have been defined and are in place.

(a) All components of job stability must be met.

(A) The individual has reached the employment outcome in their individualized plan for employment (IPE), and

(B) The individual has met or made substantial progress toward meeting the hours-per week work goal, and

(C) The individual and the vocational rehabilitation counselor consider the employment outcome to be satisfactory and agree that the individual is performing well on their job, and

(D) The employer is satisfied that that individual is performing well on their job, and, if applicable,

(E) Before transition, extended (i.e., ongoing long-term) services must be available and can be provided without an interruption in service.

(b) The maximum number of months the Program can provide supported employment services is 24 months.

(c) A participant may choose to take a supported employment position paying at least minimum wage but lower than local comparable wages and benefits, on a short-term basis. In this circumstance:

(A) The Program shall apply this category when the employment specialist finds a job that participant chooses to accept and that job pays a lower hourly wage and/or amount of benefits than other new employees of that business (or local comparable businesses) who are doing similar work at a similar number of hours per week.

(B) This placement is approved by the Program counselor with the provision that the wage shall be increased when participant increases their targeted knowledge and skill and the employer agrees.

(C) When a participant chooses to accept such a job offer, the Program shall only accept it as a placement on a short-term basis (six (6) months with a limited provision for an additional six (6) months).

(D) In order for the VR counselor to accept the placement, the following shall occur:

(i) The job developer and/or job coach work with participant to create, as part of the retention plan, a written plan to increase per hour salary and/or benefits; and

(ii) The employer agrees with the plan; and

(iii) The case record shall contain documentation of planning, monitoring of the plan, and agreements made between the VR counselor, participant and the employer.

(6) “Maximizing hours” means all individuals with disabilities who want to work in the community shall be given an opportunity to pursue competitive employment that allows them to work the maximum number of hours consistent with individual choice, preferences, and circumstances, and all individuals who receive supported employment services in an integrated employment setting must have a goal of working the maximum numbers of hours consistent with their individual choice, preferences, and circumstances.

(7) “Microenterprise” means a service of the program, which is self-employment, where:

(a) The business is either full or part time in scope; and

(b) The Program shall not pay more than $3,000 in business start-up costs.

(8) “Natural Supports” means approaches that emphasize integrating individuals into the workplace culture in ways that are natural and typical, rather than accentuating limitations of individuals and supporting individuals with specialized assistance from a professional.

(9) "Ongoing support services", as used in the definition of supported employment, means services that—

(a) Are needed to support and maintain an individual with a most significant disability, including a youth with a most significant disability, in supported employment;

(b) Are identified based on a determination by the Program of the individual's need as specified in an individualized plan for employment;

(c) Are furnished by the Program from the time of job placement until transition to extended services, unless post-employment services are provided following transition, and thereafter by one or more extended services providers throughout the individual's term of employment in a particular job placement;

(d) Include an assessment of employment stability and provision of specific services or the coordination of services at or away from the worksite that are needed to maintain stability based on—

(A) At a minimum, twice-monthly monitoring at the worksite of each individual in supported employment; or

(B) If under specific circumstances, especially at the request of the individual, the individualized plan for employment provides for off-site monitoring, twice monthly meetings with the individual;

(e) Consist of—

(A) Any particularized assessment supplementary to the comprehensive assessment of rehabilitation needs described in paragraph (c)(5)(ii) of this section;

(B) The provision of skilled job trainers who accompany the individual for intensive job skill training at the work site;

(D) Social skills training;

(E) Regular observation or supervision of the individual;

(F) Follow-up services including regular contact with the employers, the individuals, the parents, family members, guardians, advocates or authorized representatives of the individuals, and other suitable professional and informed advisors, in order to reinforce and stabilize the job placement;

(G) Facilitation of natural supports at the worksite;

(H) Any other service identified in the scope of vocational rehabilitation services for individuals, described in §361.48(b); or

(I) Any service similar to the foregoing services.

(10) “Stabilization” means conditions that maintain or cause to maintain employment, clarified in closure criteria listed in the Individual Plan for Employment for the Program participant.

(11) "Supported employment" —

(a) Supported employment means competitive integrated employment, including customized employment, or employment in an integrated work setting in which an individual with a most significant disability, including a youth with a most significant disability, is working on a short-term basis toward competitive integrated employment that is individualized, and customized, consistent with the unique strengths, abilities, interests, and informed choice of the individual, including with ongoing support services for individuals with the most significant disabilities—

(A) For whom competitive integrated employment has not historically occurred, or for whom competitive integrated employment has been interrupted or intermittent as a result of a significant disability; and

(B) Who, because of the nature and severity of their disabilities, need intensive supported employment services and extended services after the transition from support provided by the Program, in order to perform this work.

(b) For purposes of this part, an individual with a most significant disability, whose supported employment in an integrated setting does not satisfy the criteria of competitive integrated employment, as defined in paragraph (c)(9) of this section is considered to be working on a short-term basis toward competitive integrated employment so long as the individual can reasonably anticipate achieving competitive integrated employment—

(A) Within six months of achieving a supported employment outcome; or

(B) In limited circumstances, within a period not to exceed 12 months from the achievement of the supported employment outcome, if a longer period is necessary based on the needs of the individual, and the individual has demonstrated progress toward competitive earnings based on information contained in the service record.

(12) “Supported employment services” means ongoing support services, including customized employment, and other appropriate services needed to support and maintain an individual with a most significant disability, including a youth with a most significant disability, in supported employment that are—

(a) Organized and made available, singly or in combination, in such a way as to assist an eligible individual to achieve competitive integrated employment;

(b) Based on a determination of the needs of an eligible individual, as specified in an individualized plan for employment;

(c) Provided by the Program for a period of time not to exceed 24 months, unless under special circumstances the eligible individual and the rehabilitation counselor jointly agree to extend the time to achieve the employment outcome identified in the individualized plan for employment; and

(d) Following transition, as post-employment services that are unavailable from an extended services provider and that are necessary to maintain or regain the job placement or advance in employment.

(13) “Supported Microenterprise” means microenterprise where the Program determines through a comprehensive assessment that the Participant requires support, including natural supports, to plan for, establish, and maintain the microenterprise.

(14) “Supported Self-Employment” means a method to, or environment within which, an eligible individual with significant disabilities may pursue an employment outcome matched to the participant’s skills and supports in order for the individual to carry out their employment goal. This method or environment provides required, additional activities in order to establish the viability of self-employment as an appropriate employment outcome.

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 4-2020, adopt filed 03/13/2020, effective 03/31/2020

Or. Admin. R. 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 significant disability:

(a) For whom competitive integrated employment has not historically occurred or for whom employment has been interrupted or intermittent as a result of a significant disability; and

(b) Who, because of the nature and severity of their disabilities, need intensive supported employment services and extended services after transition from support by the Program; and

(d) For whom supported employment has been identified as appropriate through use of a comprehensive assessment.

(2) An individual whose supported employment is in an integrated setting but does not satisfy the criteria of salary, benefits, and opportunity for advancement comparable to other employees, may make an informed choice to work to advance in employment on a short-term basis so long as the individual can reasonably anticipate achieving the desired competitive integrated employment:

(a) Within six months of achieving the supported employment outcome; or

(b) In limited circumstances, within a period not to exceed 12 months, if a longer period is necessary based on the needs of the individual and the individual has demonstrated progress toward competitive earnings based on information contained in the service record.

(3) The Program may use funds allocated under 34 CFR §363.4 for the State Supported Employment Services Program, to provide extended services to youth with the most significant disabilities:

(a) For a period of time not to exceed four years, or

(b) Until such time that a youth reaches the age of 25.

History

Statutory/Other Authority: ORS 344.530, 344.570 & 344.710 - 344.730
Statutes/Other Implemented: ORS 344.511 - 344.690
VRS 4-2020, adopt filed 03/13/2020, effective 03/31/2020

Or. Admin. R. 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 34 CFR §361.42;

(b) Is an individual with a most significant disability; and,

(c) Supported employment has been identified as appropriate for the individual on the basis of a comprehensive assessment of rehabilitation needs, including existing data to the greatest extent possible, that the individual is determined to require supported employment services to maintain and advance in employment.

(2) Any applicant who has been determined eligible for Social Security benefits under Title II or title XVI of the Social Security Act is:

(a) Presumed eligible for vocational rehabilitation services; and

(b) Considered an individual with a significant disability; and

(c) The Program may start providing services while seeking mandatory verification of the applicant's eligibility under Title II or Title XVI.

History

Statutory/Other Authority: ORS 344.530, 344.570, ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 4-2020, adopt filed 03/13/2020, effective 03/31/2020

Or. Admin. R. 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 or in combination and are organized and made available in such a way as to assist an eligible individual to achieve competitive integrated employment;

(b) Based on a determination of the needs of an eligible individual, as specified in an individualized plan for employment (IPE); and

(c) Provided by the Program for a period of not more than 24 months, except that period may be extended, if necessary, in order to achieve the employment outcome identified in the individualized plan for employment (IPE).

(2) Ongoing support services:

(a) Are furnished by the Program from the time of job placement until transition to extended services, unless postemployment services are provided following transition, and thereafter by one or more extended service providers through the individual's term of employment in a specific job placement; and

(b) Include an assessment of employment stability and provision of specific services or the coordination of services at or away from the worksite that are needed to maintain stability based on:

(A) At a minimum, twice-monthly monitoring at the worksite of each individual in supported employment; or

(B) If under specific circumstances, especially at the request of the individual, the individualized plan for employment (IPE) provides for off-site monitoring, twice monthly meetings with the individual; and

(c) Are provided for up to 24 months, except that period may be extended if necessary, in order to achieve the employment outcome identified in the individualized plan for employment (IPE); and

(3) Specified in the individualized plan for employment (IPE); and

(4) Include post-employment services when required to ensure that the employment outcome remains consistent with the individual's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

History

Statutory/Other Authority: ORS 344.530, 344.570 & 344.710 - 344.730
Statutes/Other Implemented: ORS 344.511 - 344.690
VRS 4-2020, adopt filed 03/13/2020, effective 03/31/2020

Or. Admin. R. 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 hours; and

(b) The participant is satisfied with the type of work; and

(d) According to the employer the participant is performing adequately.

(2) Transition to extended services provided by other than the Program shall occur when stabilization is reached and:

(a) Counselor and participant have discussed extending the provision of supported employment services and agree that no further supported employment services are necessary; and

(b) Extended services are available and ongoing; or

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 4-2020, adopt filed 03/13/2020, effective 03/31/2020

Or. Admin. R. 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 a most significant disability, in supported employment; and

(b) Organized or made available, singly or in combination, in such a way as to assist an eligible individual in maintaining supported employment; and

(d) Provided by a State agency, a private nonprofit organization, employer, or any other appropriate resource, after an individual has made the transition from support from the Program; and

(2) Provided to a youth with a most significant disability by the Program in accordance with requirements set forth in OAR 582-072-0035 and 34 CFR §363.53 for a period not to exceed four years, or at such time that a youth reaches age 25 and no longer meets the definition of a youth with a disability under paragraph (c)(58) of this section, whichever occurs first.

(3) The Program may provide extended services to an individual youth with a most significant disability, who is assessed as needing supported employment services and extended support services; who has:

(a) Been offered employment that matches their plan goal of type of work and hours of work; and

(b) Received the full 24 months of supported employment services during which:

(A) Natural supports were explored and developed to the extent possible; and

(B) Comparable benefits for extended services were sought but not currently available to the participant.

(4) Program administrator approval shall be required to amend individualized plan for employment to include extended support services from the Program, for a period of time (whichever occurs first):

(a) For up to one year at a time for a total of up to four years; or

(b) Until the youth reaches the age of 25; and

(c) The amendment includes the provision to seek comparable benefits, or utilize Social Security work incentives, if needed.

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 4-2020, adopt filed 03/13/2020, effective 03/31/2020

Or. Admin. R. 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 24 months of supported employment service(s) and participant and the Program agree that no more services are required; or

(3) Participant and the Program have determined that an extension of time beyond 24 months is necessary to support and maintain the individual in supported employment; and

(4) The participant has transitioned to extended services provided by other than the Program or by the Program to youth in specific circumstances; and

(5) The participant has maintained employment and achieved stability in the work setting for at least 90 days after transitioning to extended services; and

(6) The employment is individualized and customized and consistent with the strengths, abilities, interests, and informed choice of the individual.

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 4-2020, adopt filed 03/13/2020, effective 03/31/2020

Or. Admin. R. 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 §361.56 have been met; and

(b) Participant is not receiving extended services from the Program or any other vocational rehabilitation service.

(2) The service record of a youth with a most significant disability who is receiving extended services provided by the Program shall be closed when the youth:

(a) No longer meets the age requirements (is 25 years old or older); or

(b) Has received extended services from the Program for a period of four years; or

(d) Satisfies requirements for case closure in 34 CFR §361.56; and

(e) Is no longer receiving vocational rehabilitation service from the Program.

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 4-2020, adopt filed 03/13/2020, effective 03/31/2020

Or. Admin. R. 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 §361.46(c)); and

(3) Shall be limited in scope and duration (34 CFR §361.5(c)(42)).

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 4-2020, adopt filed 03/13/2020, effective 03/31/2020

Or. Admin. R. 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 determination of the unique strengths, needs, and interests of the participant; and

(b) Intended to meet the specific documented abilities of the participant and the business needs of the employer; and

(d) Uses strategies like those listed in the definition (34 CFR§361.5(c)(11)).

(2) When the customized employment does not match any current work being done in the place of employment, the Program shall document that:

(a) The employer helped the participant develop their scope of work (job description) and supports development of natural supports at the worksite; and

(b) There is evidence that the employment will continue beyond closure of the record of service.

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 4-2020, adopt filed 03/13/2020, effective 03/31/2020

Division 75 RATES OF PAYMENT — MEDICAL

Or. Admin. R. 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 charges without such prior authorization.

(2) Except as provided in subsection (3) of this rule and OAR 582-075-0030, the amount that OVRS shall pay vendors for previously authorized medical or psychological services shall be the lesser of the following:

(a) The lowest fee that the vendor charges the general public or other state agencies for the service; or

(b) One of the following prescribed fees:

(A) The maximum fee prescribed by the Workers' Compensation Schedule.

(B) For medical, psychological, laboratory, and other services not governed by that schedule, OVRS shall pay the amount derived by applying the cost ratio between that schedule and the Division of Medical Assistance Program (DMAP) Schedule to the fee prescribed by the DMAP schedule.

(3) With prior written approval by the Field Services Manager, OVRS may exceed the fee prescribed by subsection (2) of this rule when financial or human considerations outweigh the difference in cost.

History

Statutory/Other Authority: ORS 344.530(2)
Statutes/Other Implemented: ORS 344.511 - 344.690
VRS 5-2004, f. & cert. ef. 8-5-04
VRD 6-1997, f. 12-31-97, cert. ef. 1-1-98
VRD 4-1993, f. & cert. ef. 11-1-93
VRD 1-1991, f. 1-14-91, cert. ef. 3-1-91

Or. Admin. R. 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) "Complete narrative," as used in division 075, means a document from a treating vendor that describes an extended client history, addresses six or more specific topics, and is usually three or more pages.

(3) "Vendor, " as used in division 075, means an entity that provides goods and/or services at the request of OVRS.

History

Statutory/Other Authority: ORS 344.530(2)
Statutes/Other Implemented: ORS 344.511 - 344.690
VRS 5-2004, f. & cert. ef. 8-5-04
VRD 6-1997, f. 12-31-97, cert. ef. 1-1-98
Reverted to VRD 4-1993, f. & cert. ef. 11-1-93
Temporary suspended by VRD 2-1997(Temp), f. 6-13-97, cert. ef. 6-15-97
VRD 1-1997(Temp), f. 5-8-97, cert. ef. 6-15-97
VRD 4-1993, f. & cert. ef. 11-1-93
VRD 1-1991, f. 1-14-91, cert. ef. 3-1-91

Or. Admin. R. 582-075-0030 Medical Evidence of Record (MER) and Narrative Charges

(1) OAR 582-075-0010(2) and (3) do not govern payment for Medical Evidence of Record and Narratives.

(2) OVRS payment for existing medical records shall not exceed the lesser of the following:

(a) The lowest fee that the vendor charges the general public or other state agencies for the service; or

(b) When the invoice itemizes the number of pages copied and provided:

(A) $18.00 for ten or fewer pages;

(B) $0.25 per page for pages 11 to 20;

(D) A total maximum payment of $22.50.

(3) Additional payment will not be made for second or subsequent requests when the information to be provided was available to the vendor when the original request was processed.

(4) Integrated records will be paid as a single record request.

(5) When OVRS receives copies of existing medical records within 7 days from the date recorded on the OVRS record request, OVRS shall pay the vendor an additional $5.00. Time shall be measured from the date of the OVRS written request to the date that OVRS electronically receipts the copies or receives them in the rehabilitation services local office.

(6) When OVRS and a vendor enter a public contract for the contractor to obtain existing medical records on behalf of OVRS and perform additional related services:

(a) The contract governs payment to the contractor;

(b) The fee schedule prescribed by subsection (2) governs the contractor's payment to those from whom the contractor obtains the medical records.

(7) When purchasing a brief narrative, OVRS shall pay the amount billed up to a maximum payment of $35.00.

(8) When purchasing a complete narrative, OVRS shall pay the amount billed up to a maximum payment of $75.00.

(9) A supplier of records under this rule is not entitled to any payments if the supplier fails to provide the records requested within a specific deadline identified in the letter requesting the records, and OVRS is not able to make use of the records as a result.

History

Statutory/Other Authority: ORS 344.530(2)
Statutes/Other Implemented: ORS 344.511 - 344.690
VRS 5-2004, f. & cert. ef. 8-5-04
VRD 6-1997, f. 12-31-97, cert. ef. 1-1-98
Reverted to VRD 4-1993, f. & cert. ef. 11-1-93
Temporary suspended by VRD 2-1997(Temp), f. 6-13-97, cert. ef. 6-15-97
VRD 1-1997(Temp), f. 5-8-97, cert. ef. 6-15-97
VRD 4-1993, f. & cert. ef. 11-1-93
VRD 1-1991, f. 1-14-91, cert. ef. 3-1-91

Or. Admin. R. 582-075-0040 Limitations of Payments

The vendor shall accept the fees prescribed by division 75 as payment in full. If a vendor's usual and customary fee for a service exceeds the fee prescribed by division 75, the client and/or his or her family shall not be liable to the vendor for any portion of a vendor's usual and customary fee unless the client and/or his or her family agrees in writing to assume the additional charges. Without such explicit agreement, the vendor must accept the OVRS payment, including any client copayment, as payment in full.

History

Statutory/Other Authority: ORS 344.530(2)
Statutes/Other Implemented: ORS 344.511 - 344.690
VRS 5-2004, f. & cert. ef. 8-5-04
VRD 6-1997, f. 12-31-97, cert. ef. 1-1-98

Division 80 VENDOR SELECTION POLICIES

Or. Admin. R. 582-080-0010 General Policy

(1) It is the policy of OVRS to purchase goods and services only from qualified vendors, in accordance with state licensure laws, OVRS Approval Standards, state purchasing regulations and applicable federal regulations. Goods and services will be purchased that are within the purview of the particular license or approval standards.

(2) It is policy not to discriminate against a vendor based upon sex, race, creed, ethnic origin or disability. Favoritism by OVRS in the selection or use of a vendor — resulting from considerations unrelated to informed client choice, cost, quality, or other criteria in these rules — will be avoided. Other factors being equal, a suitable vendor nearest the client will be used. OVRS maintains a listing of approved vendors selected to provide services to the OVRS.

(3) OVRS may select vendors or a pool of vendors on the basis of informed client choice in the context of third-party funding and comparative cost considerations. In addition, quality of service, facilities, barrier free access, program length, timeliness of needed services, and the vendor’s history of timely and completeness of reports may be considered by OVRS in making a selection.

(4) It is OVRS policy that medical services will normally be purchased through the treating source when that source is willing and qualified to provide the authorized service at the rates OVRS would otherwise pay in the client’s geographic location.

(5) OVRS may select vendors or a pool of vendors for medical services on the basis of informed client choice in the context of medical insurance and comparative cost considerations. In addition, quality of service, facilities, barrier free access, program length, timeliness of needed services, and the vendor’s history of timely and completeness of reports may be considered by the OVRS in making a selection. When more than one medical provider is listed in the geographic area, selection of appropriate medical providers may be made on distance from the client, an equal distribution of services, or rotation of available vendors.

History

Statutory/Other Authority: ORS 344.530
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
Reverted to VRS 5-2004, f. & cert. ef. 8-5-04
VRS 1-2009(Temp), f. & cert. ef. 2-11-09 thru 8-9-09
VRS 5-2004, f. & cert. ef. 8-5-04
VRD 4-1993, f. & cert. ef. 11-1-93
VRD 3-1992, f. & cert. ef. 4-20-92
VRD 6-1978, f. 5-18-78, ef. 6-1-78

Or. Admin. R. 582-080-0020 Standards for Selection of Vendors

The following standards supplement any other requirements that may apply to the same vendors. In all instances, the authorizing vocational rehabilitation counselor (with the guidance of the Field Services Manager) has the primary responsibility to assure that the vendor is on the OVRS approved vendor list and meets the applicable standards. When there is no client preference or circumstances which would dictate otherwise, vendor choice will be made from the pool of approved vendors available in the community, moving consecutively through the list in alphabetical order:

(1) Licensed professional individuals — (physicians, dentists, pharmacists, psychologists, academic teachers, etc.). Licensable professional individuals must be licensed by the appropriate state licensing boards as required by law to provide services as private practitioners. It is the responsibility of the vocational rehabilitation counselor to use only licensed individuals. If the vocational rehabilitation counselor has reason to believe that a professional vendor is not appropriately licensed, the counselor is to discontinue further use until the matter can be cleared by OVRS. For additional requirements refer to OAR 582-010-0005 through 582-010-0030.

(2) Service organizations — (hospitals, medical groups, mental health clinics, child care facilities, placement agencies, group homes, foster homes, nursing homes, sheltered workshops, community rehabilitation programs, etc.). Service organizations must be qualified under state law or certified or accredited by a recognized state or national organization or be official arms of state or local government, and/or approved under the terms of OAR Chapter 582 for vendor selection. For all practicing groups of licensable, certifiable or other professionals, sections (1), (5), and (6) of this rule apply. For additional requirements pertaining to providers of community rehabilitation services refer to OAR 582-010-0005 through 582-010-0030.

(3) Commercial vendors — (supplies or material goods, transportation, insurance, shipping, and other commercial services, etc.). Commercial vendors must conform to all applicable state licensing requirements. All purchases will be made in accordance with state purchasing policies. In addition, the vendor must be able to provide the requested goods and services at the levels of quantity and quality and in the required time period authorized by the vocational rehabilitation counselor.

(4) Training vendors — (universities, community colleges, proprietary schools and OJT trainers, and correspondence schools, etc.). Training vendors must conform to all applicable licensing requirements. OVRS will only refer eligible individuals for vocational training to those schools and programs specified in 582-070-0020(3). Degree granting academic institutions must be accredited by a regional or national accrediting organization. Except when circumstances such as overall cost or specific need of a client justify otherwise, state-supported schools are used. OVRS conducts studies based on periodic sampling of training vendors to assure acceptable quality, reasonable costs, and effective results from the services provided. The studies may, on an annual basis, include a review of factors such as cost, utilization levels and rehabilitation survival rates for each community rehabilitation program or major training vendor used. OJT vendors will only be utilized if the vocational rehabilitation counselor and (as appropriate) the counselor’s supervisor are assured in terms of their professional judgment, that the trainer/employer can deliver the training services as per the terms of the OJT contract.

(5) Certified professionals — (interpreters for the deaf, psychological and vocational counselors, occupational therapists, etc.). Certifiable professionals must possess a current certificate from a recognized state or national professional association or organization. If the vocational rehabilitation counselor questions the validity of the credentials, the counselor should refer the matter to the CRP Coordinator for guidance.

(6) Non-certified or non-licensed professionals — (e.g. tutors, peer mentors). In instances where a professional individual is not subject to licensing requirements or the OVRS approval process for providers of community rehabilitation services, the qualifications of the vendor must be determined to the satisfaction of the authorizing vocational rehabilitation counselor, the client and (as appropriate) the counselor’s supervisor prior to the authorization of services. In addition:

(A) Peer mentors and tutors must be approved by the CRP Coordinator prior to placement on the Approved Vendor List;

(B) OVRS requires that tutors and peer mentors comply with DHS criminal history checks at the time of application for placement on the Approved Vendor List, re-application for placement on the Approved Vendor List, and if required by OVRS as a result of information received about vendor qualifications, behavior or performance; and

(C) OVRS requires that peer mentors submit proof of insurance at the level established under Department of Administrative Services guidelines.

History

Statutory/Other Authority: ORS 344.530
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
Reverted to VRS 2-2008, f. & cert. ef. 3-3-08
VRS 1-2009(Temp), f. & cert. ef. 2-11-09 thru 8-9-09
VRS 2-2008, f. & cert. ef. 3-3-08
VRS 5-2004, f. & cert. ef. 8-5-04
VRS 2-2003, f. & cert. ef. 12-31-03
VRD 4-1993, f. & cert. ef. 11-1-93
VRD 3-1992, f. & cert. ef. 4-20-92
VRD 6-1978, f. 5-18-78, ef. 6-1-78

Or. Admin. R. 582-080-0030 Selection Policy for Out-of-State Vendors

The vendor selection policies of divisions 582-080, OAR 582-010 and 582-075 will be used for all out-of-state vendors. The vocational rehabilitation counselor may contact the other Vocational Rehabilitation state agency for vendor information and to check rates.

History

Statutory/Other Authority: ORS 344.530
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
Reverted to VRS 5-2004, f. & cert. ef. 8-5-04
VRS 1-2009(Temp), f. & cert. ef. 2-11-09 thru 8-9-09
VRS 5-2004, f. & cert. ef. 8-5-04
VRD 3-1992, f. & cert. ef. 4-20-92
VRD 6-1978, f. 5-18-78, ef. 6-1-78

Or. Admin. R. 582-080-0040 Conflict of Interest Regarding Vendor Selection

No employee or representative of OVRS may take any action that would result in the person’s private financial benefit, nor shall the action benefit any member or any business with which he/she or any member of his/her household is associated. All OVRS employees must give notice to their immediate supervisor of all potential conflicts of interest. If the supervisor agrees that there is a conflict of interest, the supervisor shall send the matter through supervisory channels to the appointment authority for resolution.

History

Statutory/Other Authority: ORS 344.530
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
Reverted to VRS 5-2004, f. & cert. ef. 8-5-04
VRS 1-2009(Temp), f. & cert. ef. 2-11-09 thru 8-9-09
VRS 5-2004, f. & cert. ef. 8-5-04
VRD 6-1978, f. 5-18-78, ef. 6-1-78

Or. Admin. R. 582-080-0050 Civil Rights

All vendors must provide all of their services in compliance with Titles VI and VII of the Civil Rights Act of 1964 as amended; Sections 503 and 504 of the Rehabilitation Act of 1973 as amended; Architectural Barriers Act of 1968 as amended; Uniform Accessibility Standards in 41 CFR Part 101-19.6 et seq.; American National Standards Institute No. A 117.1 — 1986; and, Americans with Disabilities Act (P.L. 101-336).

History

Statutory/Other Authority: ORS 344.530
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
Reverted to VRD 3-1992, f. & cert. ef. 4-20-92
VRS 1-2009(Temp), f. & cert. ef. 2-11-09 thru 8-9-09
VRD 3-1992, f. & cert. ef. 4-20-92
VRD 6-1978, f. 5-18-78, ef. 6-1-78

Division 85 STANDARDS FOR INDEPENDENT LIVING SERVICE PROVIDERS

Or. Admin. R. 582-085-0004 Independent Living Service Providers Receiving Vocational Rehabilitation Funds

An independent living service provider who receives funds for vocational rehabilitation services must comply with the same standards applicable in chapter 582 of the Oregon Administrative Rules to other providers of the specific vocational rehabilitation services funded.

History

Statutory/Other Authority: ORS 344.530
Statutes/Other Implemented: ORS 344.530 & 344.550
Reverted to VRS 5-2004, f. & cert. ef. 8-5-04
Suspended by VRS 1-2009(Temp), f. & cert. ef. 2-11-09 thru 8-9-09
VRS 5-2004, f. & cert. ef. 8-5-04

Or. Admin. R. 582-085-0005 Providers Receiving Independent Living Services Funds

(1) Providers must satisfy the following requirements to receive funds allocated under Section 713(1) of the federal Rehabilitation Act:

(a) Approval of the State Independent Living Council for the specific funds provided; and

(b) Satisfy all applicable state licensure or certification requirements for the specific services funded; and either

(c) Satisfy the requirements of Section 702 of the federal Rehabilitation Act to qualify as a “Center for Independent Living”; or

(d) Qualify for and be placed on the OVRS Approved Vendor List for the specific services funded.

(2) Providers must satisfy the following requirements to receive funds allocated under Section 713(3) of the federal Rehabilitation Act:

(a) Approval of the State Independent Living Council for the specific funds provided; and

(b) Satisfy the requirements of Sections 702 and 725 of the federal Rehabilitation Act concerning Centers for Independent Living as well as Standards and Assurances.

History

Statutory/Other Authority: ORS 344.530 & 344.540
Statutes/Other Implemented: ORS 344.530, 344.540 & 344.550
VRS 5-2004, f. & cert. ef. 8-5-04

Division 90 CERTIFICATION OF DISABILITY

Or. Admin. R. 582-090-0010 Certification of Disability Generally

(1) The Office of Vocational Rehabilitation Services (OVRS) will provide certification services on request for individuals with disabilities seeking employment under a governmental entity's special hiring practices if a certificate is required.

(2) OVRS will provide certification services on request for clients who require documentation of disability for specific programs such as Tri-Met Honored Citizen Cards and the Public Utility Commission Telecommunications Devices Access Program.

(3) Individuals seeking a certification of disability shall provide OVRS with the certification instructions and form of the governmental organization if requested, and provide documenting evidence of their disability.

(4) OVRS may provide certification of disability services regardless of whether individuals apply for OVRS services under 34 CFR 361.41, qualify for services under 34 CFR 361.42, or have an open case with OVRS for vocational rehabilitation services.

History

Statutory/Other Authority: ORS 344.530
Statutes/Other Implemented: ORS 344.530
VRS 5-2004, f. & cert. ef. 8-5-04
VRS 4-2004, f. & cert. ef. 4-2-04
VRD 1-1993, f. & cert. ef. 9-7-93
VRD 5-1981, f. & ef. 12-1-81
VRD 1-1979, f. & ef. 10-1-79

Or. Admin. R. 582-090-0020 Certification of Disability for Federal Employment

(1) OVRS will provide certification services for federal job applicants under Schedule A hiring authorities (5 CFR 213.3101), including 5 CFR 213.3102(t) for hiring people with mental retardation, 5 CFR 213.3102(u) for hiring people with severe physical disabilities, and 5 CFR 213.3102(gg) for hiring people with psychiatric disabilities.

(2) A certification issued by an OVRS counselor for federal job applicants under Schedule A hiring authorities must verify that the applicant has a severe disability and is therefore eligible under a Schedule A appointment authority and that the applicant is able to perform the essential duties of the position. The certification must also describe any needed reasonable accommodation.

(3) An OVRS counselor may issue a certification for federal job applicants under Schedule A hiring authorities as follows:

(a) An OVRS counselor may first issue a letter certifying that the individual is disabled and eligible for appointment under a particular Schedule A appointment authority. This type of certification is sufficient for an applicant to be considered for any Schedule A job;

(b) If the individual with a disability is tentatively selected for the position, the OVRS counselor may issue a second letter, as merited, stating that the counselor has evaluated the job tasks and determined the applicant is able to perform the essential duties of the position. This second letter must also state what reasonable accommodations, if any, are sought.

History

Statutory/Other Authority: ORS 344.530
Statutes/Other Implemented: ORS 344.530
VRS 4-2004, f. & cert. ef. 4-2-04
VRD 5-1981, f. & ef. 12-1-81
VRD 1-1979, f. & ef. 10-1-79

Or. Admin. R. 582-090-0030 Assistance with State Employment

(1) OVRS will assist its job-ready clients to seek state employment through the HIRE (Hiring Individuals Ready for Employment) system. OVRS counselors will explain the HIRE system to interested clients, and assist clients in the preparation of client materials, if necessary.

(2) Once an OVRS client has filled out a state application form and other required paperwork, the OVRS counselor will submit to the Department of Administrative Services (DAS), Human Resource Services Division (HRSD) Recruitment the completed state application (PD 100), skill code documents (if applicable), and a completed and signed referral.

History

Statutory/Other Authority: ORS 344.530
Statutes/Other Implemented: ORS 344.530
VRS 4-2004, f. & cert. ef. 4-2-04
VRD 1-1993, f. & cert. ef. 9-7-93
VRD 1-1988, f. & cert. ef. 3-4-88
VRD 5-1981, f. & ef. 12-1-81
VRD 1-1979, f. & ef. 10-1-79

Division 100 ORDER OF SELECTION FOR VOCATIONAL REHABILITATION SERVICES

Or. Admin. R. 582-100-0000 Order of Selection

(1) The Program is required to implement an Order of Selection when it anticipates that it will not have sufficient fiscal or personnel resources to fully serve all eligible individuals.

(2) The Rehabilitation Act, as amended by the Workforce Innovation and Opportunity Act (WIOA), requires the Program to serve individuals with the most significant disabilities (MSD) first when there are not enough resources to serve everyone who is eligible for Program services. Individuals with the most significant disabilities shall be given priority over those with less significant disabilities. (34 CFR § 361.36)

(3) The purpose of these rules is to:

(a) Describe the procedures and criteria that shall be used to determine the need for an Order of Selection;

(b) Determine the basis for the assignment of eligible individuals to priority categories;

(d) Describe the administration of the Order of Selection.

(4) These rules shall only apply if:

(a) The Program determines that an Order of Selection is required;

(b) The decision to enact the Order of Selection is reflected in the State Plan;

(d) A request to enter Order of Selection is approved by the Rehabilitation Services Administration (RSA).

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 4-2025, amend filed 10/28/2025, effective 10/31/2025
VRS 2-2025, temporary amend filed 06/04/2025, effective 06/06/2025 through 12/02/2025
VRS 5-2020, adopt filed 06/01/2020, effective 06/08/2020

Or. Admin. R. 582-100-0005 Determination of Need for an Order of Selection

(1) The Program may implement an Order of Selection if it determines that it cannot provide the full range of vocational rehabilitation services to all eligible individuals, based on projected fiscal and personnel resources, and the rehabilitation needs of individuals eligible to be served by the Program.

(2) The Program shall determine whether an Order of Selection is necessary (in accordance with 34 CFR § 361.36):

(a) Prior to the beginning of each federal fiscal year; or

(b) Due to changed circumstances within the current federal fiscal year.

(3) The Program must consult with the State Rehabilitation Council (34 CFR 361.36(f)) regarding:

(a) Need to establish an order of selection, including any reevaluation of the need;

(b) Priority categories of the particular order of selection;

(d) Administration of the order of selection.

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 4-2025, amend filed 10/28/2025, effective 10/31/2025
VRS 2-2025, temporary amend filed 06/04/2025, effective 06/06/2025 through 12/02/2025
VRS 5-2020, adopt filed 06/01/2020, effective 06/08/2020

Or. Admin. R. 582-100-0011 Provision of Services under an Order of Selection

Provision of services under order of selection shall be provided with these considerations.

(1) Priority Categories: On and after the effective date of the Order of Selection, the Program shall only provide services, within available funding and in the following order of priority, based on the individual’s date of application:

(a) All persons assigned to Priority Category One, in the order of the eligible individual’s date of application; and then,

(b) All persons assigned to Priority Category Two, in the order of the eligible individual’s date of application; and then,

(d) If the Program establishes an Order of Selection, in these instances, individuals receiving Social Security benefits under Title II or Title XVI of the Social Security Act and presumed eligible may be on waiting lists (34 CFR 361.36(c)(3)). Individuals receiving Social Security benefits under Title II or Title XVI of the Social Security Act are assigned to Priority Category Two unless additional documentation supports their placement in Priority Category One.

(2) Program funding for services:

(a) Ensure that Program funding arrangements for providing services under the vocational rehabilitation services portion of the combined state plan, including third-party arrangements and awards under the establishment authority, are consistent with the order of selection (34 CFR 361.36(e)(4)).

(b) If any funding arrangements are inconsistent with the order of selection, the Program must renegotiate these funding arrangements so that they are consistent with the order of selection.

(3) Provision of Services: On and after the effective date of the Order of Selection and regardless of an individual’s assignment to a priority category, the Program shall:

(a) Continue to provide to an eligible individual all needed services, listed in their individualized plan for employment (IPE), if that individual started receiving individualized plan for employment services prior to the effective date of the Order of Selection.

(b) Provide an eligible individual with specific services or equipment necessary to maintain their current employment pursuant to 34 CFR 361.36. (See OAR 582-100-0021.)

(c) Provide an applicant with assessment services that are necessary to determine Program eligibility and priority category.

(d) Provide career counseling and information and referral services to an eligible individual employed in subminimum wage employment, as described in OAR 582-115-0010; and

(e) Provide an eligible individual, who is not receiving services under the Order of Selection, with information and referral services.

(4) Application and eligibility: An eligible individual’s date of application is the date that the Program received the individual’s most recent completed application, as provided in 34 CFR 361.41.

(5) Students with disabilities and Order of Selection:

(a) Students with disabilities are not exempt from any of the Order of Selection requirements for Program services.

(b) Students who apply and are determined eligible for Program services are assigned to a disability priority category in accordance with the Program’s Order of Selection policies and procedures. (See OAR 582-100-0011 Provision of Services under an Order of Selection).

(A) Not subject to the Order of Selection requirements; and

(B) May receive any of the five required pre-employment transition services they may need so long as they continue to meet the definition of a student with a disability.

(d) However, if a student with a disability needs individualized Program services, in addition to pre-employment transition services, the student:

(A) Must apply, be determined eligible, and assigned a disability priority category; and

(B) Is subject to the Order of Selection requirements.

(e) Assignment to an open disability priority category. Eligible students assigned to an open disability priority category may:

(A) Receive pre-employment transition services and any other Program service they may need on their approved individualized plan for employment.

(B) Continue to receive pre-employment transition services as long as the individual continues to meet the definition of a student with a disability.

(f) Assignment to a closed disability priority category. Eligible students assigned to a closed disability priority category and placed on a waiting list for Program services:

(A) Continue to receive any of the five required pre-employment transition services (Pre-ETS) they may need while on the wait list so long as they began to receive at least one pre-employment transition services prior to their eligibility determination being made and assignment to a closed disability priority category. (34 CFR §361.36(e)(3)(i))

(B) Eligible students assigned to a closed Order Of Selection category and placed on a waiting list for Program service before receiving at least one pre-employment transition services service may not receive pre-employment transition services until:

(i) Their disability priority category is open; and

(ii) They are removed from the waitlist and an individualized plan for employment (IPE) is be developed.

(6) Data collection. The Program shall:

(a) Track of the number of eligible individuals who could not receive services under the Order of Selection but did receive information and referral services.

(b) The following information must be reported in the State Plan in accordance with 34 CFR 361.37(d).

(A) Number of eligible individuals that applied for services and did not meet the Program’s Order of Selection for receiving services during the previous fiscal year.

(B) Number and priority category of individuals on the Program’s waiting list.

(C) Number of eligible individuals receiving services, including students receiving pre-employment transition services in accordance with 34 CFR 361.48(a).

(D) Estimates of the number of individuals in the state eligible for services.

(E) The service costs for each priority category.

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 4-2025, amend filed 10/28/2025, effective 10/31/2025
VRS 2-2025, temporary amend filed 06/04/2025, effective 06/06/2025 through 12/02/2025
VRS 5-2020, adopt filed 06/01/2020, effective 06/08/2020

Or. Admin. R. 582-100-0015 Requirements for Assignment of Priority Categories

(1) In order to determine an eligible individual’s priority under an Order of Selection, the Program:

(a) Shall use the data gathered in the assessment of the individual’s eligibility for Program services.

(b) May require the individual to provide additional information or participate in trial work experiences or other evaluations, if the Program counselor determines it is necessary to assign an accurate priority category to the individual.

(2) The Program shall not consider the following factors to determine an Order of Selection priority category.

(a) Duration of residency provided the individual is present in the state. The state may not require residency as part of the eligibility for services.

(b) Type of disability.

(d) Source of referral.

(e) Type of expected employment outcome.

(f) The need for specific services except as provided for in OAR 582-100-0021.

(g) Anticipated cost of services; or

(h) Income level of the individual or individual’s family.

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 4-2025, amend filed 10/28/2025, effective 10/31/2025
VRS 2-2025, temporary amend filed 06/04/2025, effective 06/06/2025 through 12/02/2025
VRS 5-2020, adopt filed 06/01/2020, effective 06/08/2020

Or. Admin. R. 582-100-0018 Assignment of Priority Categories

(1) Priority Category One. The Program shall assign an individual to priority category one if the individual:

(a) Has been determined eligible for services under 34 CFR 361.42.

(b) Has a severe mental or physical impairment that seriously limits three or more functional capacities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome; and

(c) Is expected to require multiple vocational rehabilitation services over an extended period in order to achieve or maintain a successful employment outcome.

(2) Priority Category Two. The Program shall assign an individual to priority category two if the individual:

(a) Has been determined eligible for services under 34 CFR 361.42.

(b) Has severe mental or physical impairments that seriously limit one or more functional capacities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome; and

(c) The individual is expected to require multiple vocational rehabilitation services over an extended period in order to achieve or maintain a successful employment outcome.

(3) Priority Category Three. The Program shall assign all other individuals, who do not qualify for the other priority categories and who have been determined eligible for services under 34 CFR 361.42, to priority category three.

(4) The Program shall:

(a) Provide notice to an applicant regarding their eligibility for Program services under Oregon Administrative Rules (OAR) Chapter 582, Division 20; and

(b) If determined to be eligible, the individual’s assignment to a priority category.

(c) The Program shall provide the eligible individual a copy of the Dispute Resolution Rights related to their priority category under an Order of Selection pursuant to OAR Chapter 582, Division 20.

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 4-2025, adopt filed 10/28/2025, effective 10/31/2025
VRS 2-2025, temporary adopt filed 06/04/2025, effective 06/06/2025 through 12/02/2025

Or. Admin. R. 582-100-0021 Limited Exception for Maintenance of Employment

(1) Applicants or eligible individuals, who are not otherwise able to receive services under an Order of Selection, may request to receive specific services or equipment to maintain their current employment under OAR 582-100-0011(3)(b).

(2) Only services or equipment that an individual needs to maintain current employment may be provided under this exception. This means that if the individual needs services not directly tied to maintaining current employment, the individual's ability to receive those services from the Program depends on the individual's placement in the State's Order of Selection. (Section 101(a)(5)(D) of the Rehabilitation Act and 34 CFR 361.36(a)(3)(v))

(3) In order to qualify for services or equipment under OAR 582-100-0011, the individual must:

(a) Be eligible for services under 34 CFR 361.42.

(b) Not otherwise be able to receive Program services or equipment under the Order of Selection; and

(c) Be at immediate risk of losing their current job related to a disability related barrier if not provided with specific services or equipment in the near future, which means no more than two months or 60 calendar days.

(4) The Program shall only provide the specific services or equipment necessary for the eligible individual to maintain their current employment.

(5) The Program counselor shall document in the eligible individual’s file:

(a) Evidence of the immediate risk of the individual losing their current employment; and,

(b) The specific services or equipment necessary to maintain the individual’s employment.

(6) The Program shall not determine that an eligible individual is at immediate risk of losing their current job under subsection (3)(c) of this rule, if that risk is based on the individual choosing to voluntarily leave their current employment.

(7) The Program shall determine whether an individual qualifies for this limited exception under this rule within 15 calendar days of an eligible individual’s request and providing documentation that they are eligible for services under the exception. Individual requests for limited exception may occur while the individual applies for Program services or on the Order of Selection waiting list and at risk of employment loss (see (3)(c) of this rule.

(8) An individual who requests the limited exception under this rule during an Order of Selection is entitled to notice of the Program’s determination and dispute resolution rights to challenge that determination, as described in OAR chapter 582, division 20.

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 4-2025, amend filed 10/28/2025, effective 10/31/2025
VRS 2-2025, temporary amend filed 06/04/2025, effective 06/06/2025 through 12/02/2025
VRS 5-2020, adopt filed 06/01/2020, effective 06/08/2020

Or. Admin. R. 582-100-0040 Waitlist during Order of Selection

(1) The Program shall maintain a single, statewide waiting list to track eligible individuals, who are not receiving full Program services under an Order of Selection, consistent with the provision of services described in OAR 582-100-0011.

(2) The eligible individual on the waiting list shall be responsible for ensuring their contact information is kept current with the Program.

(3) The Program shall notify an eligible individual when they are selected from the waiting list.

(a) Contact with the eligible individual shall be in the manner most appropriate to the manner that the individual requests.

(b) If an individual is eligible to be removed from the waiting list, and the Program is unable to locate that individual for service, the Program shall follow the process required for being unable to contact a program participant under the Programs Notice of Proposed Action.

(c) An individual who fails to respond to an invitation to move off the waiting list during an Order of Selection is entitled to notice of the Program’s determination and dispute resolution rights to challenge that determination, as described in OAR Chapter 582, Division 20.

(d) If the individual is contacted to initiate services and is not ready to begin working with the Program, the counselor shall assist the individual to make an informed decision about how to proceed. The counselor and participant must determine whether to move forward with vocational rehabilitation services.

(A) To remain eligible for services, the individual must be available to participate in services and be interested and willing to participate in competitive integrated employment.

(B) If the individual is not willing or able to participate in services when contacted, the individuals file shall be closed, and the client is eligible to reapply for services at a later date.

(C) Information and referral shall be provided to any individual who exits the Program because they were not ready to participate when notified during the Order of Selection.

(D) The Program shall not hold a spot on the waiting list nor alter a client’s number on the waiting list. Waiting list order is determined by priority category and application date only.

(e) An individualized plan for employment must be written in 90 days from when the individual’s name is removed from the Order of Selection waiting list unless the Vocational Rehabilitation counselor and the individual agree to an extension.

(f) A closed case service file shall not be reopened. There are no exceptions.

History

Statutory/Other Authority: ORS 344.540
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 4-2025, amend filed 10/28/2025, effective 10/31/2025
VRS 2-2025, temporary amend filed 06/04/2025, effective 06/06/2025 through 12/02/2025
VRS 5-2020, amend filed 06/01/2020, effective 06/08/2020
VRS 2-2009, f. & cert. ef. 3-27-09
VRS 5-2008(Temp), f. 12-18-08, cert. ef. 12-19-08 thru 6-16-09
VRS 2-2005, f. 4- 20-05, cert. ef. 7-1-05
VRS 5-2004, f. & cert. ef. 8-5-04
VRD 2-1993, f. & cert. ef. 9-15-93
VRD 3-1991, f. & cert. ef. 9-11-91
VRD 3-1980, f. & cert. ef. 7-2-80

Division 115 SERVICES TO PERSONS WITH DISABILITIES OF ANY AGE RECEIVING SUBMINIMUM WAGE

Or. Admin. R. 582-115-0005 Definitions

(1) "Career counseling for limitation on subminimum wage" means a service provided by the Program or its contractor that:

(a) Pertains to the body of subject matter and related techniques and methods organized for the development in individuals of career awareness, career planning, career decision making, placement skills, and knowledge and understanding of local, state, and national occupational educational, and labor market needs, trends and opportunities; and

(b) Assists individuals with disabilities in making and implementing informed educational and occupational choices.

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 6-2020, adopt filed 07/01/2020, effective 07/15/2020

Or. Admin. R. 582-115-0010 General provisions

(1) The Program shall support placement of Program clients only in work that is competitive integrated employment.

(2) The Program shall assure that career counseling and information and referral shall be available to individuals known by the Program:

(a) An individual with a disability may become "known" to the Program through self-identification by the individual with a disability, referral by a third-party (including an entity as defined in 34 CFR §397.5(d)), through the individual's involvement with the vocational rehabilitation process, or any other method:

(A) Who are working at less than the federal minimum wage, or,

(B) Who are youths with a disability, known to be considering pursuing employment paying less than the federal minimum wage.

(b) These individuals shall not be required to be, or have applied to be, a Program participant.

(c) If the individual is a current Program participant, or has applied to the Program, they shall receive limitation on subminimum wage services if they wish to remain in subminimum wage employment while working with the Program.

(d) Limitation on subminimum wage services shall be based on vocational rehabilitation counseling strategies that facilitate informed choice.

(e) These services shall be provided twice in the first year of employment at subminimum wage and annually thereafter.

(3) The Program may employ contractors to provide limitation on subminimum wage services.

(a) The contractors shall be chosen only through the Oregon Department of Administrative Services (DAS) and Department of Human Services (DHS) contracting process.

(b) The services shall not be provided by an entity.

(4) Individuals who are not Program participants shall receive an Oregon Vocational Rehabilitation Brochure. Referral to other Federal, State, and local resources shall be provided as applicable to each individual.

(5) All individuals shall receive Client Assistance Program (CAP) information to guide them if they have a grievance regarding this specific vocational rehabilitation service.

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 6-2020, adopt filed 07/01/2020, effective 07/15/2020

Or. Admin. R. 582-115-0015 Services to individuals of any age who are employed at a subminimum wage

(1) The Program shall provide career counseling and information and referral to individuals with disabilities regardless of age, or the individual's representative as appropriate, who are known by the Program to be employed at a subminimum wage.

(2) Career counseling and information and referral services may include benefits planning materials and information.

(3) The Program shall upon referral of an individual with a disability employed at subminimum wage by an entity with fewer than 15 employees:

(a) Inform the individual about self-advocacy, self-determination, and peer mentoring training opportunities in the community;

(b) Provide the information within 30 days of the referral by the entity.

(4) Required services shall:

(a) Be carried out once every six months for the first year of subminimum wage employment;

(b) Be carried out annually after the first year, for the duration of such employment.

(5) The Program shall provide documentation to the individual:

(a) No later than 45 calendar days after completion of service; or 90 days with extenuating circumstances.

(b) Documentation shall contain:

(A) Name of the individual;

(B) Description of service;

(D) Date required service completed;

(E) Signature of individual; documenting completion of service;

(F) Date of signature;

(G) Signature of Program personnel transmitting documentation to the individual; and

(H) Date and method of transmittal to individual.

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 6-2020, adopt filed 07/01/2020, effective 07/15/2020

Or. Admin. R. 582-115-0020 Refusal to participate in a required activity

(1) When the individual refuses to participate in a required activity, documentation of that refusal shall be provided within 10 calendar days and shall at a minimum contain:

(a) Name of the individual;

(b) Description of the refusal including reason for refusal;

(d) Signature of Program personnel documenting the individual’s refusal;

(e) Date of signatures; and

(f) Date and method of transmittal of documentation of refusal to the individual.

(2) The Program shall retain a copy of all documentation in a manner consistent with the Program’s case management system.

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 6-2020, adopt filed 07/01/2020, effective 07/15/2020

Or. Admin. R. 582-115-0030 Semi-annual and annual review in extended employment and other employment under special certificate provisions of the Fair Labor Standards Act

(1) The Program shall conduct semi-annual review and reevaluation for the first two years of such employment and annually thereafter in accordance with the requirements in paragraph (2) of this section for an individual who has a record of service as either an applicant or eligible individual under the Program; who:

(a) Has achieved employment in which the individual is compensated in accordance with section 14(c) of the Fair Labor Standards Act; or

(b) Is in extended employment including those individuals whose record of service is closed while the individual is in extended employment on the basis that the individual is unable to achieve competitive integrated employment or the individual made an informed choice to remain in extended employment.

(2) For each individual who meets the criteria in paragraph (1), the Program shall semi-annually review and reevaluate the status of each individual for two years after the individual’s record of service is closed, and annually thereafter, to:

(a) Determine the interests, priorities, and needs of the individual with respect to competitive integrated employment or training for competitive integrated employment; and

(b) Enable the individual, or if appropriate, the individual’s representative to provide input into the review and reevaluation and shall document that input in the record of services, with the individual’s or, as appropriate, the individual’s representative’s signed acknowledgement that the review and reevaluation have been conducted, and

(c) Make maximum efforts, including identifying and providing vocational rehabilitation services, reasonable accommodations, and other necessary support services to assist the individual in engaging in competitive integrated employment.

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 6-2020, adopt filed 07/01/2020, effective 07/15/2020

Or. Admin. R. 582-115-0040 Services to youth with disabilities requesting subminimum wage employment

The Program shall provide youth with disabilities documentation upon the completion of the following actions:

(1) Provision of pre-employment transition services as needed by the student with disability and are available to the student with a disability under 34 CFR §361.48; and

(2) Documentation of the completion of School Transition services received by the youth that are provided by local education agency under the Individuals with Disabilities Education Act (20 U.S.C. 1414 (d)); and,

(3) Application for vocational rehabilitation services, in accordance with 34 CFR §361.41(b), with the result that the individual was determined:

(a) Ineligible for vocational rehabilitation services, in accordance with 34 CFR §361.43; or

(b) Eligible for vocational rehabilitation services, in accordance with 34 CFR §361.42; and

(A) The youth with a disability had an approved individualized plan for employment, in accordance with 34 CFR §361.46;

(B) The youth with a disability was unable to achieve the employment outcome specified in the individualized plan for employment, as described in 34 CFR §361.5(c)(15) and §361.46, despite working toward the employment outcome with reasonable accommodations and appropriate supports and services, including supported employment services and customized employment services, for a reasonable period of time; and

(C) A reasonable period of time utilized in the youth’s attempt to achieve their employment outcome in their individualized plan for employment (IPE), is considered to be up to 24 months if the individual needs supported employment services, and,

(D) The youth with a disability’s case record, which meets all the requirements of 34 CFR §361.47, is closed.

(4)(a) Regardless of the determination made under paragraph (3) of this section, the youth with a disability has received career counseling, and information and referrals to Federal and State programs and other resources in the individual’s geographic area that offer employment-related services and supports designed to enable the individual to explore, discover, experience, and attain competitive integrated employment.

(b) The career counseling and information and referral services provided in accordance with paragraph (4)(a) of this section shall:

(A) Be provided in a manner that facilitates informed choice and decision-making by the youth, or the youth’s representative as appropriate; and

(B) Not be for subminimum wage employment by an entity defined in §397.5(d), and such employment related services are not compensated at a subminimum wage and do not directly result in employment compensated at a subminimum wage provided by such an entity.

(5) The following special requirements apply:

(a) For purposes of this part, all documentation provided by the Program shall satisfy the requirements for such documentation under 34 CFR part 361.

(b) The individualized plan for employment, required in paragraph (3)(b)(A) of this section, shall include a specific employment goal consistent with competitive integrated employment, including supported or customized employment.

(c)(A) For purposes of paragraph (3)(b)(B) of this section, a determination as to what constitutes ‘‘reasonable period of time’’ shall be consistent with the disability-related and vocational needs of the individual, as well as the anticipated length of time required to complete the services identified in the individualized plan for employment.

(B) For an individual whose specified employment goal is in supported employment, such reasonable period of time is up to 24 months, unless under special circumstances the individual and the rehabilitation counselor jointly agree to extend the time to achieve the employment outcome identified in the individualized plan for employment.

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 6-2020, adopt filed 07/01/2020, effective 07/15/2020

Or. Admin. R. 582-115-0050 Documentation of service completion for youth seeking subminimum wage employment

(1) The Program shall provide documentation of services within 45 days after completion of the activity or service; or 90 days if extenuating circumstances make the extra time necessary. The documentation shall be given to the youth in an accessible format.

(2) Such documentation shall, at a minimum include:

(a) Youth’s name;

(b) Determination made including summary of reason for the determination or description of service or activity completed;

(d) Date determination made or required service or activity completed;

(e) Signature of the Program or educational personnel making determination or documenting completion of required service or activity;

(f) Date of signatures;

(g) Date and method by which document was transmitted to the youth.

(3) The Program shall provide documentation of services that shall include, if available:

(a) For a student, completion of appropriate pre-employment transition services, in accordance with 34 CFR §361.48(a), and,

(b) Completion of transition services, as documented and provided by appropriate school official, and,

(d) The Program’s eligibility determination, and

(e) Career counseling and information and referral regardless of eligibility determination, and

(f) An approved individualized plan for employment (IPE) for those determined eligible, and

(g) The individual’s Program case record showing either successful rehabilitation or that a reasonable period of time was utilized in attempt to achieve the employment outcome.

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 6-2020, adopt filed 07/01/2020, effective 07/15/2020

Or. Admin. R. 582-115-0060 Youth or representative refusal to participate

(1) If a youth or, as applicable, the youth’s parent or guardian, refuses to participate in the required activities, the documentation shall at a minimum, include:

(a) The Youth’s name;

(b) Description of the refusal and reason for such refusal;

(d) Signature of Program or educational personnel documenting the youth’s refusal;

(e) Date of signatures; and,

(f) Date and method by which documentation was transmitted to the youth.

(2) Documentation required when a youth refuses to participate in required activities shall be provided within 10 calendar days of the youth's refusal to participate.

(3) When transmitting documentation of the final determination or activity completed, the Program shall provide a coversheet that itemizes each of the documents that have been provided to the youth.

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 6-2020, adopt filed 07/01/2020, effective 07/15/2020

Or. Admin. R. 582-115-0070 Limitations on use of subminimum wage activities

(1) A youth with a disability shall receive documentation that they have completed requirements prior to beginning subminimum wage employment.

(2) Anyone currently employed at subminimum wage shall receive documentation of receipt of limitation of subminimum wage services to remain in that employment.

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 6-2020, adopt filed 07/01/2020, effective 07/15/2020

Division 150 Transition Services and Coordination for Students and Youth with Disabilities

Or. Admin. R. 582-150-0005 Definitions

(1) “Authorized activities” means that funds available and remaining after the Program provides the required activities described in OAR 582-150-0005(4) may be used to improve the transition of students with disabilities from school to postsecondary education or an employment outcome by:

(a) Implementing effective strategies to increase the likelihood of independent living and inclusion in communities and competitive integrated workplaces;

(b) Developing and improving strategies for individuals with intellectual disabilities and individuals with significant disabilities to live independently, participate in postsecondary education experiences, and obtain, advance in, and retain competitive integrated employment;

(c) Providing instruction to vocational rehabilitation counselors, school transition personnel, and other individuals supporting students with disabilities;

(d) Disseminating information about innovative, effective, and efficient approaches to achieve the goals of these rules;

(e) Coordinating activities with transition services provided by local educational agencies under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.);

(f) Applying evidence-based findings to improve policy, procedure, practice, and the preparation of personnel, in order to better achieve the goals of these rules;

(g) Developing model transition demonstration projects;

(h) Establishing or supporting multistate or regional partnerships involving states, local educational agencies, the Program, developmental disability agencies, private businesses, or other participants to achieve the goals of these rules; and

(i) Disseminating information and strategies to improve the transition to postsecondary activities of individuals who are members of traditionally unserved and underserved populations.

(2) “Potentially eligible” means a student with a disability, ages 14-21 regardless of whether they have applied or been determined eligible for vocational rehabilitation services. The term is applicable only when implementing the requirements governing pre-employment transition services.

(3) “Pre-employment transition coordination” means that the Program shall carry out responsibilities consisting of the following:

(a) Attending individualized education program (IEP) meetings for students with disabilities, when invited;

(b) Working with the local workforce development boards, one-stop centers, and employers to develop work opportunities for students with disabilities, including internships, summer employment and other employment opportunities available throughout the school year, and apprenticeships;

(d) When invited, attending person-centered planning meetings to individuals receiving Medicaid.

(4) “Required activities” means the Program shall arrange for and provide the following pre-employment transition services for students:

(a) Job exploration counseling;

(b) Work-based learning experiences, that are provided in an integrated environment in the community to the maximum extent possible;

(c) Counseling on opportunities for enrollment in comprehensive transition or postsecondary educational programs at institutions of higher education;

(d) Workplace readiness training and

(e) Instruction in self-advocacy.

(5) “Group transition services” means services to youth ages 14 up through 24 that are general in nature and help youth refine their employment goal. Youth do not need to be in school or eligible for Program services to receive group transition services.

History

Statutory/Other Authority: ORS 344.530 & ORS 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 1-2025, amend filed 04/29/2025, effective 04/30/2025
VRS 7-2020, adopt filed 10/29/2020, effective 11/12/2020

Or. Admin. R. 582-150-0015 General Provisions for Students and Youth with Disabilities in Transition

(1) The Program shall use best practices (OAR 582-001-0010 (11)) to serve students and youth with disabilities, including those with the most significant disabilities, who are in transition.

(2) To accomplish this, the Program shall collaborate with the Oregon Department of Education and local education agencies.

(3) General provision of pre-employment transition services (Pre-ETS) to students with disabilities, and pre-employment transition services coordination activities is:

(a) Governed by the Program’s rules and procedures;

(b) Made available to all students with disabilities who may need them statewide; and

(A) State and federal law and regulation; and

(B) The statewide Memorandum of Understanding developed between the Oregon Department of Education and the Department.

(4) Outreach to and engagement of families.

(a) The Program shall inform school transition programs, students, and families about Program services.

(b) Outreach to and engagement of families shall be provided through local Program branches and services through contracts and interagency agreements with school districts and community-based service providers.

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 1-2025, amend filed 04/29/2025, effective 04/30/2025
VRS 7-2020, adopt filed 10/29/2020, effective 11/12/2020

Or. Admin. R. 582-150-0030 Pre-Employment Transition Services

The Program shall provide pre-employment transition services to all students with disabilities who may need and request them.

(1) Students with disabilities shall not be required to apply or be determined eligible for Program services before receiving pre-employment transition services.

(2) The Program shall provide pre-employment transition services to students with disabilities who:

(a) Are eligible for an individual education plan (IEP), or have a documented disability, or is an individual with a disability under Section 504 under the Act; and

(b) Age 14 to 21, in school, and participating in a secondary or post-secondary school leading to recognized credentials.

(c) Have been determined by the Program to need such service, and those services are not customarily provided by their school of attendance.

(3) The Program shall arrange for or provide pre-employment transition required activities to students who request specific services. Students may not receive all services depending on their individualized needs.

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 1-2025, amend filed 04/29/2025, effective 04/30/2025
VRS 7-2020, adopt filed 10/29/2020, effective 11/12/2020

Or. Admin. R. 582-150-0040 Program application and eligibility for students and youth

(1) A student with a disability may receive pre-employment transition services (Pre-ETS) before applying for individualized services from the Program.

(2) A student with a disability who needs individualized services from the Program, in addition to pre-employment transition services, in order to access pre-employment transition services, or stand-alone services, shall apply and be determined eligible for the Program.

(3) The Program application and eligibility determination requirements and process shall be the same for all Program applicants, including students and youth with disabilities.

(4) Every student and youth, regardless of the severity of their disability, is presumed able to benefit in terms of an employment outcome from Program services.

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 1-2025, amend filed 04/29/2025, effective 04/30/2025
VRS 7-2020, adopt filed 10/29/2020, effective 11/12/2020

Or. Admin. R. 582-150-0045 Individualized Plan for Employment (IPE) for student or youth

(1) An individualized plan for employment (IPE) for an eligible student or youth with a disability shall:

(a) Contain a description of the employment goal or may include a description of the individual’s projected post-school employment and include educational goals which support the employment goal;

(A) The employment goal must be consistent with the general goal of competitive integrated employment; and

(B) Include the specific transition services and supports needed by the student or youth for the achievement of the employment goal or projected post-school employment goal; and

(b) Align the individualized plan for employment with the individualized education program or 504 services plans for the individual in terms of goals, objectives, and services identified in the education program; and

(2) Any pre-employment transition services a student with a disability receives shall be included in the individualized plan for employment as a part of the individualized plan for employment.

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 1-2025, amend filed 04/29/2025, effective 04/30/2025
VRS 7-2020, adopt filed 10/29/2020, effective 11/12/2020

Or. Admin. R. 582-150-0050 Services for students and youth

Required pre-employment transition services may be provided to students as individuals or in group settings.

(1) The Program may provide the five required pre-employment transition services, to students in a group setting who are eligible or potentially eligible for the Program’s services.

(2) If a student with disabilities requests Program services other than pre-employment transition services, the student shall apply and be determined eligible for Program services, and the individual services including on an approved individualized plan for employment (IPE).

(3) The Program may provide extended services (see OAR 582 Division 72 Supported Services) to a youth who is most significantly disabled and eligible for Program supported employment services, under an approved individualized plan for employment (IPE).

(4) Program services for any eligible student or youth, during transition shall:

(a) Be vocational rehabilitation in nature; and

(b) Support and be designed to further develop or lead to achievement of the vocational goal in the individualized plan for employment;

(c) Be consistent with the student’s or youth’s unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice;

(d) Be provided to the maximum extent possible, in an integrated, community setting; and

(e) Not be services that are the responsibility of the school district.

(5) The Program in collaboration with the local education agencies or other programs and agencies may provide other necessary support services.

(a) Funding of other necessary support services shall be determined in collaboration with the local school system.

(b) If an eligible student with a disability sensory and communicative disorders requires an auxiliary aid or service to access or participate in any of the pre-employment transition services, the Program shall pay for the costs if no other public entity (for example, the local educational agency) is required to provide the aid or service.

(A) Constitute an allowable pre-employment transition services cost, if necessary for the participation in pre-employment transition services; and

(B) The Program may use funds reserved for the provision of pre-employment transition services to pay for those auxiliary aids and services necessary to participate in such services.

(d) Personal devices and services that do not meet the definition of auxiliary aids and services include:

(A) Individually prescribed devices, such as prescription eyeglasses or hearing aids, readers for personal use or study; or

(B) Services of a personal nature.

(e) If a student with a disability requires personal devices or services or individually prescribed assistive technology, the Program shall:

(A) Work with the student to determine whether they meet the eligibility criteria of the Program; and

(B) If so, develop an individualized plan for employment for the provision of those additional services.

(C) The Program shall have primary financial responsibility for Program services, but it shall use comparable benefits when that does not impede the progress of plan activities as described in the individualized plan for employment.

(D) The student shall participate in the financial needs test as appropriate.

(f) Services not constituting pre-employment transition services, auxiliary aids, and services necessary to participate in pre-employment transition services, or other Program services directly in support of pre-employment transition services necessary for a student to access or participate in those services:

(A) Shall not be paid with funds reserved under section 110(d)(1) for the provision of pre-employment transition services.

(B) Shall be paid with non-reserved Program funds.

(g) When a student requires a personal device to participate in pre-employment transition services only, the Program may loan the device, contingent on availability. The student shall return the device when it is no longer required for participation in services.

(6) Group transition services:

(a) These specific transition services shall benefit a group of students with disabilities or youth with disabilities that are not individualized services directly related to an individualized plan for an employment goal.

(b) Services may include, but are not limited to, group tours of universities and vocational training programs, employer, or business site visits to learn about career opportunities, career fairs coordinated with workforce development and employers to facilitate mock interviews and resume writing, and other general services applicable to groups of students with disabilities and youth with disabilities.

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 1-2025, amend filed 04/29/2025, effective 04/30/2025
VRS 7-2020, adopt filed 10/29/2020, effective 11/12/2020

Or. Admin. R. 582-150-0055 Pre-employment transition coordination activities

(1) Pre-employment transition coordination activities include:

(a) Attending individualized education plan (IEP) meetings, when invited;

(b) Working with the local workforce development boards, one-stop centers, and employers to develop work opportunities for students with disabilities;

(d) Attending person-centered planning meetings for students with disabilities receiving Medicaid services, when invited.

(2) The Program shall carry out pre-employment transition coordination activities:

(a) Attend individualized education program meetings for students with disabilities, when invited;

(b) Work with the local workforce development boards, one-stop centers, and employers to develop work opportunities for students with disabilities, including internships, summer employment and other employment opportunities available throughout the school year, and apprenticeships;

(c) Work with local education agencies, including carrying out activities under section 614(d) of the Individuals with Disabilities Education Act (IDEA), to coordinate and ensure the provision of pre-employment transition services under 34 CFR §361.48(4)(a);

(d) When invited, attend person-centered planning meetings for individuals receiving Medicaid services;

(e) Pre-employment transition coordination activities may be tracked to a specific student. Program staff may attend individual education program or person-centered planning meetings for students whom they have not yet received a referral or application for services and join to provide basic information.

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 1-2025, amend filed 04/29/2025, effective 04/30/2025
VRS 7-2020, adopt filed 10/29/2020, effective 11/12/2020

Or. Admin. R. 582-150-0065 Program service records for students receiving pre-employment transition or transition coordination services

(1) Program service records about participants in pre-employment transition services shall include:

(a) Date of birth;

(b) Race and ethnicity; and

(A) Medical documentation signed by a medical provider; or

(B) A copy or receipt of an individualized education plan (IEP) or 504 Plan verified by the Oregon Department of Education or attestation by qualified school personnel that the individual is a student with a disability; or

(C) Work with families of a student to verify medical documentation of disability for any student not reported by the local education agencies.

(d) Pertinent and available school-based assessment information, or an individualized educational plan;

(e) Verify enrollment as a student in a secondary, postsecondary, or other educational program;

(f) Student identification number, if available;

(g) Information about their previous employment related experiences in and out of school, if any; and

(h) Documentation of any pre-employment transition services participation shall:

(A) Describe a documented need to include which of the five required services the student receives;

(B) The start date;

(D) If purchased, the cost of the required activity.

(i) Document parental or guardian’s consent to participate in pre-employment transition services for any minor student not legally emancipated.

(2) This documentation does not constitute an application for Program services as in OAR Division 50 Referral, Application, and Eligibility for Vocational Rehabilitation Services.

(3) The Program shall store service records for pre-employment transition services in the Program’s electronic case management system.

(4) Non-identifying information may be used in research projects by the Program to improve services to students and youth with disabilities.

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 1-2025, amend filed 04/29/2025, effective 04/30/2025
VRS 7-2020, adopt filed 10/29/2020, effective 11/12/2020

Or. Admin. R. 582-150-0070 Client Assistance Program Information

At the time the student or youth requests pre-employment transition services or transition services provided by the Program or through contracts and interagency agreements with school districts and community-based service providers, information about the Client Assistance Program (CAP) shall be given to each potentially eligible individual, applicant, participant, or their representative.

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 7-2020, adopt filed 10/29/2020, effective 11/12/2020

Or. Admin. R. 582-150-0075 Limitations

(1) When the student is no longer considered a student with a disability pre-employment transition services shall cease. This includes a student who:

(a) Has reached the age of 22; or,

(b) Has aged out of secondary services without enrolling in a training or post-secondary education program.

(2) Program transition services may not be provided for a youth who is older than 24 years of age.

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 1-2025, amend filed 04/29/2025, effective 04/30/2025
VRS 7-2020, adopt filed 10/29/2020, effective 11/12/2020

Or. Admin. R. 582-150-0080 Restrictions

Except as noted in this section, students or youth with disabilities may not be exempt from:

(1) Program’s rules or procedures for all students who are potentially eligible or eligible for receiving pre-employment transition services, activities or both, or pre-employment transition coordination and make application for Program services beyond pre-employment transition services, activities or both or pre-employment transition coordination.

(2) Any order of selection requirements for either Program or pre-employment transition services apply (see OAR 582 Division 100 Order of Selection).

(3) This is not meant to be a service to a specific student.

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
VRS 1-2025, amend filed 04/29/2025, effective 04/30/2025
VRS 7-2020, adopt filed 10/29/2020, effective 11/12/2020

Division 190 Employer Services and Training

Or. Admin. R. 582-190-0005 Services and Training to Employers

(1) The Program may expend funds to educate and provide services to employers who:

(a) Have hired individuals with disabilities; or

(b) Are interested in hiring individuals with disabilities (section 109 of the Rehabilitation Act).

(2) Pursuant to Section 109(1) of the Rehabilitation Act the Program may provide:

(a) Training and technical assistance to employers regarding the employment of individuals with disabilities, including disability awareness, and the requirements of the Americans with Disabilities Act of 1990 (ADA) and other employment-related laws;

(b) Employers receiving training and technical assistance shall also comply with requirements to provide reasonable accommodations that may be required under the ADA or other employment-related laws.

(3) The Program may work with employers to:

(a) Provide opportunities for work-based learning experiences including but not limited to internships, short-term employment, and apprenticeships, and opportunities for pre-employment transition services;

(b) Recruit qualified applicants who are individuals with disabilities;

(d) Promote awareness of disability-related obstacles to continued employment.

(4) The Program may:

(a) Provide consultations, technical assistance, and support to employers on workplace accommodations, assistive technology, facilities and workplace access, and customized employment and supported employment, through collaboration with community partners and employers or Program contractors, across States and nationally, to enable the employers to recruit, job match, hire, and retain qualified individuals with disabilities who are Program applicants or participants; and

(b) Assist employers with utilizing available financial support for hiring or accommodating individuals with disabilities.

(5) The Program may provide the following vocational rehabilitation services to employers for the benefit of groups of individuals with disabilities:

(a) Technical assistance to businesses that are seeking to employ individuals with disabilities in competitive integrated employment (see section 103(b)(5) of the Rehabilitation Act and 34 CFR §361.49(a)(4)); and

(b) The establishment, development, or improvement of assistive technology demonstration, loan, reutilization, or financing programs in coordination with activities authorized under the Assistive Technology Act of 1998 to promote access to assistive technology for individuals with disabilities and employers (see section 103(b)(8) of the Rehabilitation Act and 34 CFR §361.49(a)(8)).

(c) The Program may provide technical assistance to all businesses interested in hiring individuals with disabilities in competitive integrated employment (see section 103(b)(5) of the Rehabilitation Act and 34 CFR §361.49(a)(4)).

(6) The Program may expend federal grant funds for:

(a) The establishment, development, or improvement of assistive technology demonstration, loan, reutilization, or financing programs in coordination with activities authorized under the Assistive Technology Act of 1998 to promote access to assistive technology for individuals with disabilities and employers (section 103(b)(8) of the Rehabilitation Act and 34 CFR §361.49(a)(8)).

(b) The authority to provide these services is for the benefit of groups of individuals with disabilities, not to meet individual needs of any one person.

(c) The purpose of the provision of federal grant funds is to “promote access” to assistive technology for individuals with disabilities, not to provide the actual assistive technology devices.

(d) If an individual with a disability needs an assistive technology device to obtain, maintain, or regain employment, the Program must work with the employer to determine the appropriate entity to pay for the device. If the Program pays for the assistive technology device, it must do so in accordance with the individual’s approved individualized plan for employment.

History

Statutory/Other Authority: ORS 344.530 & 344.570
Statutes/Other Implemented: ORS 344.511 - 344.690 & ORS 344.710 - 344.730
VRS 1-2020, adopt filed 01/23/2020, effective 02/03/2020