OAR Chapter 585 — Commission for the Blind

Division 1 PROCEDURAL RULES

Or. Admin. R. 585-001-0000 Procedure for Notification of Proposed Action

Prior to the adoption, amendment, or repeal of any rule, Commission shall give notice of the proposed action as follows:

(1) By publication in the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days prior to effective date of the proposed action;

(2) By mailing or e-mailing a copy of the notice of proposed action to persons on Commission’s mailing list established pursuant to ORS 183.335(8) at least 28 days before the effective date of the proposed action;

(3) By mailing or e-mailing a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days before the effective date of the proposed action; and

(4) By mailing or e-mailing, or furnishing a copy of the notice to the following organizations or publications at least 21 days prior to effective date of the proposed action:

(a) The American Council of the Blind of Oregon

(b) The National Federation of the Blind of Oregon;

(d) Associated Press.

History

Statutory/Other Authority: ORS 183.335, ORS 346.150 & ORS 183.341
Statutes/Other Implemented: ORS 183.335 & ORS 183.341
CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021
CFTB 1-2005, f. & cert. ef. 2-11-05
2BC 25, f. & ef. 12-17-75

Or. Admin. R. 585-001-0005 Rules of Practice and Procedure

The Attorney General’s Model Rules of Procedure for Contested Cases filed with the Secretary of State are adopted as the rules of practice and procedure of Commission. In addition to the Model Rules, the rules of procedure in Oregon Administrative Rules Chapter 585, Division 25 shall apply.

[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the Commission for the Blind.]

History

Statutory/Other Authority: ORS 346.150 & ORS 183.341
Statutes/Other Implemented: ORS 183
CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021
CFTB 3-2001, f. & cert. ef. 8-10-01
BLC 1-1988, f. & cert. ef. 11-14-88
BLC 2-1987, f. & ef. 11-18-87
2BC 2-1986, f. & ef. 4-11-86
2BC 1-1984, f. & ef. 2-13-84
2BC 1-1982, f. & ef. 2-19-82
2BC 1-1980, f. & ef. 3-28-80
Renumbered from 585-010-0035, 2BC 1-1978, f. & ef. 4-13-78
2BC 26, f. & ef. 3-1-76
2BC 21, f. 1-28-74, ef. 2-25-74
2BC, f. 2-8-72, ef. 2-15-72

Or. Admin. R. 585-001-0006 Payment of Legal Fees and Transportation Costs

Commission will not pay for attorney’s fees or transportation costs for an applicant for vocational rehabilitation services or for a client receiving vocational rehabilitation services in connection with an administrative review, formal mediation or fair hearing proceeding.

History

Statutory/Other Authority: ORS 346.150
Statutes/Other Implemented: ORS 346.150
CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021
Renumbered from 585-010-0300, CFTB 1-2005, f. & cert. ef. 2-11-05
CFTB 3-1999, f. & cert. ef. 7-8-99
2BC 1-1979, f. & ef. 10-24-79

Or. Admin. R. 585-001-0007 Definitions

The following definitions shall apply to all Oregon Administrative Rules contained in OAR Chapter 585, Division 1, unless the context requires otherwise:

(1) "Custodian" refers to a public body mandated, directly or indirectly, to create, maintain, care for or control a public record. "Custodian" does not include a public body that has custody of a public record as an agent of another public body that is the custodian, unless the public record is not otherwise available.

(2) "Designee" refers to any officer or employee of Commission appointed by the Executive Director to respond to requests for public records of Commission.

(3) "Executive Director" refers to the Executive Director of Commission.

(4) "Duplication” or “Duplicating" refers to the process of reproducing a public record or writing in any format.

(5) "Commission" refers to the Oregon Commission for the Blind.

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

(7) "Photocopy(ing)" includes 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 or writing.

(8) "Public body" includes every state officer, agency, department, division, bureau, board and commission; every county and city governing body, school district, municipal corporation, and any board, department, commission, council, or agency thereof; and any other public agency of this state.

(9) "Public record or writing" includes a document, book, paper, photograph, file, sound recording, machine readable electronic record or other material regardless of physical form or characteristics, made, received, filed or recorded in pursuance of law or in connection with the transaction of public business, whether or not confidential or restricted in use.

(10) "Requestor" refers to the person requesting inspection, copies, or other reproduction of a public record of Commission.

History

Statutory/Other Authority: ORS 346.150
Statutes/Other Implemented: ORS 346.110-346.270 & ORS 192.311-192.478
CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021
CFTB 1-2013, f. & cert. ef. 10-10-13
CFTB 2-2012, f. & cert. ef. 12-17-12

Or. Admin. R. 585-001-0008 Request to Inspect or Obtain Copies of Public Records

(1) A request to inspect or obtain copies of a public record of Commission shall be made in writing and submitted to the “Custodian of Records” at Commission’s central office located at: 535 SE 12th, Portland 97214. The request shall include the following information:

(a) The name, address and telephone number and e-mail address of the requestor;

(b) Identification of the records from which information is requested, if known.

(c) The time period the records were produced and officials involved in producing the records or other relevant information, if known;

(d) The format in which the information is needed (i.e. photocopies, machine readable, or electronic format, etc.);

(e) The number of copies needed, if copies are requested; and

(f) Instruction to Commission to certify copies, if necessary.

(2) The Executive Director or designee may waive the requirement, under section (1) of this rule, for a request to be in writing, if it is determined that effective administration is aided by the waiver.

(3) A review of the requested records will be conducted by Commission as necessary to determine whether the records are exempt from disclosure, in accordance with ORS 192.311 to 192.478 and any other references establishing an exemption to disclosure of public records.

(4) The Executive Director or designee shall respond to a public records request by acknowledging receipt of the request and disclosing the requested materials, subject to the exemptions set forth in ORS 192.311 to 192.478, within the timelines established in ORS 192.324 and 192.329. The Executive Director or designee shall advise the requestor whether the records may be disclosed, the date, time, and place they may be inspected or obtain copies of the records, and the estimated fees that the requester must pay as a condition of receiving the public records, if any. Additional time to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request, or to determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request.

(5) If the requested records contain information exempt from disclosure, the requestor will be furnished a copy of the record with the exempt material redacted. If the Executive Director or designee determines that any exemptions apply, they shall identify the specific grounds for exemption.

(6) The Executive Director or designee may require and designate a Commission employee to supervise the review of requested records.

(7) The Administrative Rules set forth in OAR Chapter 585, Division 1 shall apply to all public records for which Commission is custodian.

(8) The Executive Director or designee, in carrying out responsibilities of ORS 192.318, as custodian of public records:

(a) Shall allow access to and disclosure of the public records subject to ORS 192.311 to 192.478;

(b) Shall make restrictions and take precautions necessary to protect the integrity of the records and prevent interference with the regular discharge of Commission’s duties; and

(c) Shall allow for inspection of Commission’s public records during normal working days and hours at the location which the records reside, or any other reasonable location designated by the Executive Director or designee.

History

Statutory/Other Authority: ORS 346.150 & ORS 192.311-192.478
Statutes/Other Implemented: ORS 192.311-192.478
CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021
CFTB 1-2013, f. & cert. ef. 10-10-13
CFTB 1-1999, f. & cert. ef. 4-15-99

Or. Admin. R. 585-001-0010 Violence-Free Workplace Policy

(1) It is the policy of Commission to provide and maintain a workplace and facilities open to the public that are free from violence and the threat of violence. Violence in any form will not be tolerated.

(2) This policy prohibits violence, which is behavior that to a reasonable person is intimidating, hostile, threatening, violent or abusive. Such behavior may include:

(a) Threats and threatening behavior such as physical, verbal, or written acts that express or are reasonably perceived to imply intent to cause physical or psychological harm against a person or persons, or cause damage to property;

(b) Statements, gestures, or expressions that communicate a direct or indirect threat of physical or psychological harm;

(3) Commission staff and managers are responsible for immediately notifying their supervisor and/or the Executive Director when they have any knowledge of implied or direct threats (including possession of weapons on Commission premises) against Commission staff. This notification includes threats from other employees, clients, and members of the general public.

(a) If a staff member is threatened by another employee, a client, or a member of the general public, they should terminate the interaction immediately and notify their supervisor or the Executive Director.

(b) Once a report has been made, the incident will be investigated by the Executive Director, personnel director or such additional persons as the Executive Director may designate. Any threats or assaults that require the immediate attention of law enforcement or security shall be reported to the appropriate security or police entity.

(c) Following incidents of violence or threats of violence, the Commission may utilize the Employee Assistance Program for group and/or individual debriefing.

(4) Instances of violence or the threat of violence by employees shall be subject to disciplinary action, up to and including dismissal. Instances of violence or the threat of violence by active clients could result in immediate case closure. Instances of violence or the threat of violence by members of the general public could result in criminal charges.

(5) Retaliating against staff or managers who report or experience workplace violence or who participate in an investigation of workplace violence is prohibited. Any staff member found to have engaged in retaliatory action or behavior may be subject to discipline, up to and including dismissal.

(6) Weapons are prohibited on Commission property (including vehicles).

(a) The term “weapons” includes any firearm as defined under ORS 166.210(2) or other weapon, device, animal, instrument, material or substance which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or serious physical injury, or serious damage to property.

(b) Employees, clients, and members of the general public, including those with concealed weapons permits, are prohibited from bringing weapons onto any Commission premises, including vehicles. Law enforcement officers who are on duty are excepted from this policy.

(c) Any employee, client, or other citizen who brings a weapon onto Commission premises will be asked to leave immediately. Persons who fail to leave under these circumstances may be charged with the crime of trespass. Any employee who possesses a weapon in the workplace may be subject to discipline, including dismissal.

History

Statutory/Other Authority: ORS 346.150
Statutes/Other Implemented: ORS 346.150 & DAS 50-010-02 eff. 02/01/2019
CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021
CFTB 2-1999, f. & cert. ef. 4-15-99

Or. Admin. R. 585-001-0011 Fees for Public Records and Other Services

(1) Commission shall establish a fee schedule and assess fees for fulfilling requests for public records that are reasonably calculated to reimburse Commission for its actual cost of making public records available, including costs for per page copy and facsimile fees, postage when applicable, staff time to locate, review, remove information exempt from disclosure, and/or transfer the material to a requested electronic or other necessary format appropriate for releasing the public record(s).

(2) If Commission can fulfill a request for records using less than 30 minutes of staff time, Commission will not charge the requester for that time.

(3) No additional fee will be charged for providing records in an alternative format when required by the Americans with Disabilities Act.

(4) The Executive Director or designee may reduce or waive fees or other charges under this rule if the Executive Director or designee determines that:

(a) Time spent making the records available for inspection or preparation for photocopying was negligible;

(b) Supplying the requested records is within the normal scope of a Commission activity;

(d) Making the record available primarily benefits the general public.

(5) The requestor will be notified of the initial cost estimate for fulfilling the request. Commission shall seek approval from the requestor, prior to initiating work to fulfill a request. Commission will work with requester to refine the scope of their request, if necessary, to reduce costs.

(6) All fees and charges must be paid in advance of releasing the requested public records for inspection or before photocopies are provided. Payments must be made by check or money order and made payable to the “Oregon Commission for the Blind.”

(7) To reduce costs and paper waste, photocopies will be produced on recycled paper in double-sided print format whenever feasible.

(8) Due to the threat of computer virus, Commission will not permit requestors to provide their own media storage devices for electronic reproduction of computer records. Requests for other electronic reproduction will be evaluated at the time of the request and a determination made as to the feasibility and accessibility of the requested electronic format. There is no charge to send documents by email or other electronic transfer method.

History

Statutory/Other Authority: ORS 346.150 & ORS 192.324
Statutes/Other Implemented: ORS 192.324
CFTB 2-2021, adopt filed 02/23/2021, effective 02/24/2021

Division 5 CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES

Or. Admin. R. 585-005-0015 Statement of Purpose and Statutory Authority

These rules govern the Oregon Commission for the Blind's (OCB) acquisition of information about a subject individual's criminal history through criminal records checks or other means and its use of that information to determine whether the subject individual is fit to provide services to OCB as an employee, volunteer, or contractor. The fact that OCB approves a subject individual as fit does not guarantee the individual a position as an OCB employee, volunteer, or contractor.

History

Statutory/Other Authority: ORS 346-300 & ORS 181A.195
Statutes/Other Implemented: ORS 346-300 & ORS 181A.195
CFTB 3-2021, amend filed 04/27/2021, effective 04/27/2021
CFTB 2-2009, f. & cert. ef. 6-11-09

Or. Admin. R. 585-005-0020 Definitions

As used in OAR Chapter 585, Division 5, unless the context of the rule requires otherwise, the following definitions apply:

(1) "Approved" means that, pursuant to a preliminary or final fitness determination, the Executive Director or authorized designee has determined that the subject individual is fit to be an employee, volunteer, or contractor.

(2) "Authorized Designee" means a Commission employee authorized to obtain and review criminal offender information and other relevant information about a subject individual through criminal records checks, and to conduct a fitness determination in accordance with these rules.

(3) "Conviction" or "Convicted of" means that a court of law has entered a final judgment on a verdict or a finding of guilty, a plea of guilty, or a plea of nolo contendere (no contest) against a subject individual in a criminal case, unless that judgment has been reversed or set aside by a subsequent court decision.

(4) "Criminal Offender Information" means records and related data as to physical description and vital statistics, fingerprints received and compiled by the Oregon Department of State Police (OSP) for purposes of identifying criminal offenders and alleged offenders, records of arrests and the nature and disposition of criminal charges, including conviction, pleas, sentencing, confinement, probation, parole, and release.

(5) "Crime Relevant to a Fitness Determination" means a crime listed or described in OAR 585-005-0050.

(6) "Criminal Records Check and Fitness Determination Rules" or "These Rules" means OAR Chapter 585, Division 5.

(7) "Criminal Records Check" means one or more of the following three processes undertaken to check the criminal history of a subject individual:

(a) A name-based check of criminal offender information and motor vehicle registration and driving records conducted through use of the Law Enforcement Data System (LEDS) maintained by OSP, in accordance with the rules adopted and procedures established by OSP (LEDS criminal records check);

(b) A check of Oregon criminal offender information, including through fingerprint identification, conducted by OSP at Commission’s request (Oregon criminal records check); or

(c) A nationwide check of federal criminal offender information, including through fingerprint identification, by OSP through the FBI at Commission’s request (Nationwide criminal records check).

(8) "Denied" means that, pursuant to a preliminary fitness determination under OAR 585-005-0035 or a final fitness determination under OAR 585-005-0045, the Executive Director or an authorized designee has determined that the subject individual is not fit to be an employee, volunteer, or contractor of Commission.

(9) “Executive Director” refers to the Executive Director of Commission.

(10) “FBI” means the Federal Bureau of Investigation.

(11) "False Statement" means that, in association with an activity governed by these rules, a subject individual either:

(a) Provided Commission with materially false information about their criminal history, such as, but not limited to, materially false information about their identity or conviction record; or

(b) Failed to provide to Commission information material to determining their criminal history.

(12) "Fitness Determination" means a determination made by the Executive Director or an authorized designee pursuant to the process established in OAR 585-005-0035 (preliminary fitness determination) or 585-005-0045 (final fitness determination) that a subject individual is or is not fit to be a Commission employee, volunteer, or contractor.

(13) "Family Member" means a spouse, domestic partner, natural parent, foster parent, adoptive parent, stepparent, child, foster child, adopted child, stepchild, sibling, stepbrother, stepsister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent, grandchild, aunt, uncle, niece, nephew or first cousin.

(14) " Commission" means the Oregon Commission for the Blind or any subdivision thereof. Commission does not include a criminal justice agency as defined in ORS 181A.195(1)(a)(B).

(15) "Subject Individual" means an individual identified as someone from whom Commission may require fingerprints for the purpose of conducting a criminal records check because the person:

(a) Is applying for employment with Commission; or

(b) Provides services or seeks to provide services to Commission as a volunteer, paid agent, or contractor; and

(A) Is providing information technology services and has control over, or access to, information technology systems that would allow the person to harm the information technology systems or the information contained in the systems;

(B) Has access to information, the disclosure of which is prohibited by state or federal laws, rules or regulations, or information that is defined as confidential under state or federal laws, rules or regulations; or

(C) Has access to personal information about employees or members of the public, including Social Security numbers, dates of birth, driver license numbers, medical information, personal financial information or criminal history information.

History

Statutory/Other Authority: ORS 181.534 & ORS 346.300
Statutes/Other Implemented: ORS 181.534(9)
CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021
CFTB 2-2009, f. & cert. ef. 6-11-09

Or. Admin. R. 585-005-0030 Criminal Records Check Process

(1) Disclosure of Information by subject individual:

(a) Preliminary to a criminal records check, a subject individual shall complete and sign the Commission Criminal Records Request form. The Criminal Records Request form shall require the following information:

(A) Legal name and aliases;

(B) Date of birth;

(D) Prior residency in other states; and

(E) Any other identifying information deemed necessary by the authorized designee.

(F) The Commission Criminal Records Request form may also require details concerning any circumstance listed in OAR 585-005-0035(3)(a)–(f).

(b) A subject individual shall complete and submit to Commission the Commission Criminal Records Request form within three (3) business days of receiving the forms. An authorized designee may extend the deadline for good cause.

(c) A subject individual shall submit to fingerprint identification as part of Commission’s criminal records check process. The authorized designee will direct the subject individual to an authorized facility to complete the fingerprint identification.

(d) Commission shall not request a subject individual under the age of 18 years submit to fingerprint identification unless Commission also requests the written consent of a parent or guardian. In such case, such parent or guardian and youth must be informed that they are not required to consent. Failure to consent, however, may be construed as a refusal to consent under OAR 585-005-0045(3)(d)(B).

(e) Within a reasonable period of time as established by an authorized designee, a subject individual shall disclose additional information as requested by Commission in order to resolve any issue(s) hindering the completion of a criminal records check.

(2) An authorized designee may conduct, or request that a criminal records check be conducted by OSP for non-criminal justice purposes when:

(a) An individual meets the definition of "subject individual;" or

(b) Required by federal law or regulation, or as a condition of federal funding, by state law or administrative rule, or by contract or written agreement with Commission.

(3) When an authorized designee determines under subsection (2) of this rule that a criminal records check is needed, the authorized designee shall proceed as follows:

(a) The authorized designee shall conduct a LEDS criminal records check on a subject individual as part of any fitness determination.

(b) The authorized designee may request that OSP conduct an Oregon criminal records check and a nationwide criminal records check on a subject individual for non-criminal justice purposes when:

(A) After review of the information provided by the subject individual, the results of a LEDS criminal records check, or review of any other information deemed relevant to the inquiry the authorized designee determines an Oregon criminal records check and nationwide criminal records check are appropriate;

(B) A subject individual has lived outside Oregon for 60 or more consecutive days during the previous three (3) years;

(C) Information provided by the subject individual or the results of a LEDS or Oregon criminal records check provide reason to believe, as determined by an authorized designee, that the subject individual has a criminal history outside of Oregon;

(D) The authorized designee determines that there is reason to question the identity of, or information provided by, a subject individual. Reasonable grounds to question the information provided by a subject individual include, but are not limited to: the subject individual fails to disclose a Social Security Number; the subject individual discloses a Social Security Number that appears to be invalid; or the subject individual does not have an Oregon driver's license or identification card; or

(E) A check is required by federal law or regulation, by state law or administrative rule, or by contract or written agreement with Commission.

History

Statutory/Other Authority: ORS 181A.195 & ORS 346.300
Statutes/Other Implemented: ORS 181A.195 & ORS 346.300
CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021
CFTB 2-2009, f. & cert. ef. 6-11-09

Or. Admin. R. 585-005-0035 Preliminary Fitness Determination

(1) The Executive Director or an authorized designee may conduct a preliminary fitness determination if Commission is interested in hiring or appointing a subject individual on a preliminary basis, pending a final fitness determination.

(2) If the Executive Director or an authorized designee elects to make a preliminary fitness determination about a subject individual, pending a final fitness determination, the Executive Director or authorized designee shall make that preliminary fitness determination based on information disclosed by the subject individual and a LEDS criminal records check.

(3) The Executive Director or the authorized designee may approve a subject individual as fit on a preliminary basis if the authorized designee has no reason to believe that the subject individual has made a false statement and the information available to the Executive Director or the authorized designee does not disclose that the subject individual:

(a) Has pled nolo contendere (or no contest) to, been convicted of, found guilty except for insanity (or comparable disposition) of, or has a pending indictment for a crime listed under OAR 585-005-0050;

(b) Has been arrested for or charged with a crime listed under OAR 585-005-0050;

(d) Is currently on probation, parole, or any form of post-prison supervision for a crime listed under OAR 585-005-0050;

(e) Has a deferred sentence or conditional discharge or is participating in a diversion program in connection with a crime listed under OAR 585-005-0050; or

(f) Has been adjudicated in a juvenile court and found to be within the court's jurisdiction for an offense that would have constituted a crime listed in OAR 585-005-0050 if committed by an adult.

(4) If the information available to the Executive Director or the authorized designee discloses one or more of the circumstances identified in section (3), the Executive Director or the authorized designee may nonetheless approve a subject individual as fit on a preliminary basis if the Executive Director or the authorized designee concludes, after evaluating all available information, that hiring or appointing the subject individual on a preliminary basis does not pose a risk of harm to Commission, its client entities, the State, or members of the public.

(5) If a subject individual is either approved or denied on the basis of a preliminary fitness determination, Executive Director or an authorized designee thereafter shall conduct a fitness determination under OAR 585-005-0045.

(6) A subject individual may not appeal a preliminary fitness determination, under the processes provided under OAR 585-005-0060 or otherwise.

History

Statutory/Other Authority: ORS 181A.195 & ORS 346.300
Statutes/Other Implemented: ORS 181A.195 & ORS 346.300
CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021
CFTB 2-2009, f. & cert. ef. 6-11-09

Or. Admin. R. 585-005-0040 Hiring or Appointing on a Preliminary Basis

(1) Commission may hire or appoint a subject individual on a preliminary basis if the Executive Director or an authorized designee has approved the subject individual on the basis of a preliminary fitness determination under OAR 585-005-0035.

(2) A subject individual hired or appointed on a preliminary basis under this rule may participate in training, orientation, or work activities as assigned by Commission.

(3) A subject individual hired or appointed on a preliminary basis is deemed to be on trial service and, if terminated before completion of a final fitness determination under OAR 585-005-0045, may not appeal the termination under the processes provided under 585-005-0060.

(4) If a subject individual hired or appointed on a preliminary basis is denied upon completion of a final fitness determination, then Commission shall immediately terminate the subject individual's employment in or appointment to a position covered by 585-005-0030.

History

Statutory/Other Authority: ORS 346.300 & ORS 181A.195
Statutes/Other Implemented: ORS 346.300 & ORS 181A.195
CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021
CFTB 2-2009, f. & cert. ef. 6-11-09

Or. Admin. R. 585-005-0045 Final Fitness Determination

(1) The Executive Director or an authorized designee shall make a fitness determination about a subject individual based on information provided by the subject individual under OAR 585-005-0030(1), the criminal records check(s) conducted, if any, and any false statements made by the subject individual.

(2) In making a fitness determination about a subject individual, the Executive Director or an authorized designee shall also consider the factors in subsections (a)–(f) in relation to information provided by the subject individual under OAR 585-005-0030(1), any LEDS report or criminal offender information obtained through a criminal records check, and any false statement made by the subject individual. To assist in considering these factors, the Executive Director or the authorized designee may obtain any other information deemed relevant from the subject individual or any other source, including law enforcement and criminal justice agencies or courts within or outside of Oregon. To acquire other relevant information from the subject individual, the Executive Director or an authorized designee may request to meet with the subject individual, to receive written materials, or both. The subject individual shall meet with the Executive Director or the authorized designee if requested and provide additional information within a reasonable period of time, as established by the Executive Director or the authorized designee. The Executive Director or the authorized designee will use all collected information in considering:

(a) Whether the subject individual has been arrested, pled nolo contendere (or no contest) to, been convicted of, found guilty except for insanity (or a comparable disposition) of, or has a pending indictment for a crime listed in OAR 585-005-0050;

(b) The nature of any crime identified under subsection (a);

(d) The facts that indicate the subject individual made a false statement;

(e) The relevance, if any, of a crime identified under subsection (a) or of a false statement made by the subject individual to the specific requirements of the subject individual's present or proposed position, services or employment; and

(f) Intervening circumstances, to the extent that they are relevant to the responsibilities and circumstances of the services or employment for which the fitness determination is being made, including, but not limited to, the following:

(A) The passage of time since the commission or alleged commission of a crime identified under subsection (a);

(B) The age of the subject individual at the time of the commission or alleged commission of a crime identified under subsection (a);

(D) The subsequent commission of another crime listed in OAR 585-005-0050;

(E) Whether a conviction identified under subsection (a) has been set aside or pardoned, and the legal effect of setting aside the conviction or of a pardon; and

(F) A recommendation of an employer.

(3) Upon completion of the fitness determination, one of the following outcomes shall be made and the subject individual shall be provided written notice of the outcome and will be informed when appeal rights are afforded or when a fitness determination is not completed:

(a) Approval. The Executive Director or an authorized designee may approve as fit a subject individual if the information described in sections (1) and (2) shows none of the following:

(A) Evidence that the subject individual has pled nolo contendere (or no contest) to, been convicted of, or found guilty except for insanity (or comparable disposition) of a crime listed in OAR 585-005-0050;

(B) Evidence that the subject individual has a pending indictment for any crime listed in OAR 585-005-0050;

(D) Evidence of the subject individual having made a false statement; or

(E) Any discrepancy between the criminal offender information and other information obtained from the subject individual.

(b) Evaluative Approval. If a fitness determination under this rule shows evidence of any of the factors identified in paragraphs (3)(a)(i)–(v) of this rule, the Executive Director or an authorized designee may approve as fit the subject individual only if, in evaluating the information described in sections (1) and (2), the Executive Director or the authorized designee determines:

(A) that the evidence is not credible; or

(B) that the subject individual acting in the position for which the fitness determination is being conducted would not pose a risk of harm to Commission, its client entities, the State, or members of the public.

(c) Restricted Approval: If the Executive Director or an authorized designee approves as fit a subject individual, the Executive Director or the authorized designee may restrict the approval to specific activities or locations. An authorized designee shall complete a new criminal records check and fitness determination under this rule on the subject individual prior to removing a restriction.

(d) Denial: The Executive Director or the authorized designee may, after conducting a fitness determination under this rule, deny as fit a subject individual when:

(A) There is credible evidence showing the presence of any of the factors identified in paragraphs (3)(a)(i)–(v) of this rule and, after evaluating the information described in sections (1) and (2) of this rule, the Executive Director or an authorized designee concludes that the subject individual acting in the position for which the fitness determination is being conducted would pose a risk of harm to Commission, its client entities, the State, or members of the public, the Executive Director or the authorized designee shall deny the subject individual as not fit for the position; or

(B) Pursuant to ORS 181A.195(13), if a subject individual refuses to submit or consent to a criminal records check, including fingerprint identification. The Executive Director or the authorized designee shall deny the subject individual as not fit without further assessment under the fitness determination process.

(e) If a subject individual is denied as not fit, the subject individual may not be employed by Commission.

(4) Under no circumstances shall a subject individual be denied as being fit under these rules on the basis of the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 and 419A.262.

(5) A completed final fitness determination is final unless the affected subject individual appeals by requesting a contested case hearing as provided by OAR 585-005-0060.

History

Statutory/Other Authority: ORS 346.300 & ORS 181A.195
Statutes/Other Implemented: ORS 346.300 & ORS 181A.195
CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021
CFTB 2-2009, f. & cert. ef. 6-11-09

Or. Admin. R. 585-005-0050 Crimes Relevant to a Fitness Determination

The following are crimes relevant to a fitness determination made under OAR Chapter 585, Division 5.

(1) Active Warrants.

(2) Restraining Orders.

(3) Sex Offender Registration.

(4) Any Felony Conviction.

(5) Any Sex Offense Conviction.

(6) Any Controlled Substance Conviction within the past five years.

(7) Any Violent Crimes against Persons within the past ten years.

History

Statutory/Other Authority: ORS 346.300 & ORS 181A.195
Statutes/Other Implemented: ORS 346.300 & ORS 181A.195
CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021
CFTB 2-2009, f. & cert. ef. 6-11-09

Or. Admin. R. 585-005-0055 Incomplete Fitness Determination

(1) Commission will close a preliminary or final fitness determination as incomplete when:

(a) Circumstances change so that a person no longer meets the definition of a "subject individual" under OAR 585-005-0020(14);

(b) The subject individual does not provide materials or information under OAR 585-005-0030 (1) within the timeframes established under that rule;

(d) The subject individual fails or refuses to cooperate with the Executive Director or an authorized designee's attempts to acquire other relevant information under OAR 585-005-0045(2);

(e) Commission determines that the subject individual is not eligible or not qualified for the position of employee, volunteer, or contractor for a reason unrelated to the fitness determination process; or

(f) The position is no longer open.

(2) A subject individual does not have a right to a contested case hearing under OAR 585-005-0060 to challenge the closing of an incomplete fitness determination.

History

Statutory/Other Authority: ORS 346.300 & ORS 181A.195
Statutes/Other Implemented: ORS 346.300 & ORS 181A.195
CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021
CFTB 2-2009, f. & cert. ef. 6-11-09

Or. Admin. R. 585-005-0060 Appealing a Fitness Determination

(1) A subject individual may contest a final fitness determination made under OAR 585-005-0045 that they are not fit to hold a position with or provide services to Commission in a contested case hearing before the Office of Administrative Hearings (OAH). In addition to the Model Rules of Procedure adopted by the Attorney General, the procedures set forth in this rule shall apply.

(2) Process:

(a) A subject individual may appeal a final fitness determination by submitting a written request for a contested case hearing to the address specified in the final fitness determination provided under OAR 585-05-0045. Any such request for a hearing must be received by Commission within 14 calendar days of the date of the notice;

(b) When a timely request is received by Commission under subsection (a), a contested case hearing shall be conducted by an Administrative Law Judge (ALJ) appointed by OAH.

(3) Time and Place of Hearings. The time and place of hearing will be set by the ALJ. Notice of the hearing shall be served on Commission and interested parties.

(4) Discovery. Commission or the ALJ may protect information made confidential by ORS 181A.195(12) or other applicable laws and rules.

(5) Disclosure of LEDS Information. Information obtained through LEDS shall be disclosed only in a manner consistent with OSP rules and regulations set forth under OAR Chapter 257, Division 15.

(6) No Public Attendance. Contested case hearings on fitness determinations are closed to non-participants.

(7) Proposed Order, Exceptions and Default:

(a) Proposed Order. After a hearing, the ALJ shall issue a proposed order.

(b) Exceptions. Exceptions, if any, shall be filed within 14 calendar days after service of the proposed order. The proposed order shall provide an address to which exceptions must be sent.

(A) Unless the subject individual makes a timely request for hearing; or

(B) When a party withdraws a hearing request, notifies Commission or the ALJ that the party will not appear, or fails to appear for the hearing.

(8) Remedy. The only remedy that may be awarded is a determination that the subject individual is fit, or fit with restrictions pursuant to OAR 585-005-0045(3)(c), and that, at the request of the subject individual, the subject individual's employment application will be kept on file. Commission shall not be required to place a subject individual in any position or to enter into a contract or otherwise accept services.

(9) Challenging Criminal Offender Information. A subject individual may not use the appeals process established by this rule to challenge the accuracy or completeness of information provided by OSP, the FBI, or agencies reporting information to OSP or the FBI:

(a) To challenge the accuracy or completeness of information identified in this subsection, a subject individual may use any process made available by the agency that provided the information.

(b) If the subject individual successfully challenges the accuracy or completeness of information provided by OSP, the FBI, or an agency reporting information to OSP or the FBI, the subject individual may request that Commission conduct a new criminal records check and re-evaluate the original fitness determination made under OAR 585-005-0045 by submitting a new Commission Criminal Records Request form.

(10) Appealing a fitness determination under subsection (2) of this rule, challenging criminal offender information with the agency that provided the information, or requesting a new criminal records check and re-evaluation of the original fitness determination under subsection (9) of this rule, will not delay or postpone Commission's hiring process or employment decisions except when the Executive Director or an authorized designee in consultation with Commission’s DAS Human Resources Business Partner decides that a delay or postponement should occur.

History

Statutory/Other Authority: ORS 346.300 & ORS 181A.195
Statutes/Other Implemented: ORS 346.300 & ORS 181A.195
CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021
CFTB 2-2009, f. & cert. ef. 6-11-09

Or. Admin. R. 585-005-0065 Recordkeeping and Confidentiality

(1) The Executive Director or an authorized designee shall document a preliminary or final fitness determination, or the closing of a fitness determination file due to incompleteness in writing. Written documentation of the notice of outcome of fitness determination shall be provided to the subject individual and, if the subject individual is approved for employment with Commission following a preliminary or final fitness determination, shall be retained in the subject individual’s file until the expiration of the six-month trial period of employment with Commission.

(2) Records Received from Commission and OSP:

(a) Records Commission receives from a criminal records check, including but not limited to LEDS reports and state or federal criminal offender information originating with OSP or the FBI, are confidential pursuant to ORS 181A.195(12) and federal laws and regulations;

(b) Only Commission’s authorized designees shall have access to records Commission receives in response to a criminal records check, including records obtained from OSP;

(c) An authorized designee shall have access to records received in response to a criminal records check, including from OSP, only if the authorized designee has a demonstrated and legitimate need to know the information contained in the records;

(d) Authorized designees shall maintain and disclose records received in response to a criminal records check in accordance with applicable requirements and restrictions in ORS Chapter 181A and other applicable federal and state laws, rules adopted by OSP pursuant thereto, these rules, federal regulations, and any written agreement between Commission and OSP;

(e) If a fingerprint-based criminal records check was conducted with regard to a subject individual, Commission shall permit that subject individual to inspect his or her own state and federal criminal offender information, unless prohibited by state or federal law;

(f) If a subject individual with a right to inspect criminal offender information under subsection (e) requests, Commission shall provide the subject individual with a copy of the individual’s own state and federal criminal offender information, unless prohibited by state or federal law. Commission may require sufficient identification from the subject individual to determine his or her identity prior to providing this criminal offender information to him or her.

(3) Other Records:

(a) Commission shall treat all criminal offender information received or created under these rules that concern the criminal history of a subject individual, other than records covered under section (2) of this rule, including Criminal Records Request forms, as confidential pursuant to ORS 181A.195(12);

(b) Within Commission, only authorized designees shall have access to the records identified under subsection (a);

(c) An authorized designee shall have access to records identified under subsection (a) only if they have a demonstrated and legitimate need to know the information contained in the records;

(d) Except as otherwise provided by law, a subject individual shall have access to records identified under subsection (a) pursuant to and only to the extent required by the terms of the Public Records Law.

History

Statutory/Other Authority: ORS 346.300 & ORS 181A.195
Statutes/Other Implemented: ORS 346.300 & ORS 181A.195
CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021
CFTB 2-2009, f. & cert. ef. 6-11-09

Or. Admin. R. 585-005-0070 Authorized Designees

(1) Appointment.

(a) The Executive Director or their designee shall designate the positions that include the responsibilities of an authorized designee;

(b) Appointments shall be made by the Executive Director or their designee at their sole discretion.

(2) Conflict of Interests. An authorized designee shall not participate in a fitness determination or review any information associated with a fitness determination for a subject individual if either of the following is true:

(a) The authorized designee is a family member of the subject individual; or

(b) The authorized designee has a financial or close personal relationship with the subject individual. If an authorized designee is uncertain of whether a relationship with a subject individual qualifies as a financial or close personal relationship under this subsection (b), the authorized designee shall consult with their supervisor prior to taking any action that would violate this rule if such a relationship were determined to exist.

(3) Termination of Authorized Designee Status:

(a) When an authorized designee's employment in a designated position ends, their status as an authorized designee is automatically terminated;

(b) An authorized designee shall immediately report to their supervisor if they are arrested for or charged with, is being investigated for, or has an outstanding warrant or pending indictment for a crime listed in OAR 585-005-0050. Failure to make the required report is grounds for termination of the individual's appointment to a designated position and thereby termination of their status as an authorized designee.

History

Statutory/Other Authority: ORS 346.300 & ORS 181A.195
Statutes/Other Implemented: ORS 346.300 & ORS 181A.195
CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021
CFTB 2-2009, f. & cert. ef. 6-11-09

Or. Admin. R. 585-005-0075 Fees

Commission may charge a fee for acquiring criminal offender information for use in making a fitness determination of a subject individual. In any particular instance, the fee shall not exceed the fee(s) charged Commission by OSP and the FBI to obtain criminal offender information on the subject individual.

History

Statutory/Other Authority: ORS 346.300 & ORS 181A.195
Statutes/Other Implemented: ORS 346.300 & ORS 181A.195
CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021
CFTB 2-2009, f. & cert. ef. 6-11-09

Or. Admin. R. 585-010-0020 Definition of Blindness for Vocational Rehabilitation

The following definitions shall apply to all Oregon Administrative Rules contained in OAR Chapter 585, Division 10, unless the context requires otherwise:

(1) “Client” refers to a person who is blind or visually impaired who receives vocational rehabilitation services through Commission.

(2) "Counselor" means the client's assigned vocational rehabilitation counselor who is a staff member of Commission.

(3) "IPE" means Individualized Plan for Employment;

(4) "Commission" means the Oregon Commission for the Blind.

(5) “OCCB” means Orientation and Career Center for the Blind.

(6) “Person who is blind” refers to an individual who has been diagnosed by a qualified physician to have a medical condition that is:

(a) Congenital or organic in nature; and

(b) Results in loss of sight to the extent that the person’s central visual acuity does not exceed 20/200 in the better eye with best correction; or

(c) The person’s central visual acuity exceeds 20/200 but is accompanied by limitation of the visual field to such a degree that its widest diameter subtends an angle of no greater than 20 degrees.

(d) A person who has a functional disorder that does not have a known organic or structural cause is not considered to be a person who is blind for purposes of these rules.

(7) “Person with a visual impairment” includes a person who is blind or has seriously impaired vision, or who has a condition that might lead to blindness.

(8) “Vocational rehabilitation services” refers to any services necessary to enable a person who is blind to engage in educational and remunerative occupation or training opportunities.

History

Statutory/Other Authority: ORS 346.150 & ORS 346.180
Statutes/Other Implemented: ORS 346.110-346.270
CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021
CFTB 1-2004, f. & cert. ef. 10-8-04
2BC 3, f. 4-27-60

Or. Admin. R. 585-010-0030 Disclosure and Use of Records Limited

Except for the purposes directly connected with the administration of the programs of services to persons who are blind or visually impaired as provided for in ORS Chapter 346 and these rules, no person shall solicit, disclose, receive, make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of any lists, names, or any other information concerning persons that may become known to Commission either by application for services, for purposes of the register of persons who are blind, or for any other purpose directly or indirectly derived from the records, papers, files, or communications by any agency or department of government or person to which they may be furnished or acquired in the course of performance of official duties. Such records, papers, files and communications as identified herein are otherwise considered confidential.

History

Statutory/Other Authority: ORS 346.150(2), ORS 346.180 & ORS 346.165-346.169
Statutes/Other Implemented: ORS 346.165-346.169
CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021
2BC 15, f. 2-10-71, ef. 3-11-71

Or. Admin. R. 585-010-0040 Financial Support for Attendance at Institution of Higher Education

(1) Basic Criteria. Commission may provide financial support to a client for attendance at an institution of higher education. In addition to the comprehensive evaluation required under section (2), the following criteria apply to this rule:

(a) The planned attendance must be part of an approved IPE;

(b) The extent of the financial support provided by Commission to a client will be conditioned by the following:

(A) The client must present documentary evidence to indicate that a reasonable effort has been made to obtain cash grant assistance or non-merit scholarships from other sources to pay for the planned attendance, in whole or in part;

(B) Where cash grant assistance or scholarships are obtained to partially fund costs of attendance, the client must submit copies of the relevant correspondence to identify the extent that the costs will be funded from other sources including family resources. Awards and scholarships based on merit are not considered a comparable benefit;

(C) Where denial of cash grant assistance or scholarships is based on the availability of family resources, the client will be expected to utilize such family resources to fund that part of the planned attendance expenses involving tuition, books, and supplies;

(D) Financial support may be provided where the client is determined to be eligible for cash grant assistance or scholarships by the institution(s) but where denial of such assistance or scholarships is based solely on the non-availability of funds to the applicable institution(s). The client should secure a "No Funds" letter from the institution and submit it to their counselor at Commission promptly.

(2) Comprehensive evaluation.

(a) Except as provided in section (3) of this rule, financial support may be provided to a client to attend an institution of higher education only after they have completed a comprehensive evaluation. The evaluation must indicate that the client has an acceptable level of functioning in the following areas:

(A) Orientation and mobility;

(B) Communication skills;

(D) Use of the written language at a college level;

(E) Understanding of career alternatives and availability of jobs in the future labor market;

(F) Psychological adjustment to blindness; and

(G) Study skills, which will insure effective use of time and resources while in an academic program.

(b) The evaluation will be completed at OCCB, on an individual basis by Commission staff, or by alternative means approved by the client’s counselor.

(3) Alternative to Comprehensive Evaluation. Subject to the basic criteria provided in section (1) of this rule, a comprehensive evaluation is not required to provide financial support to clients who have successfully completed one (1) academic year, of 12 credits per term or full-time equivalent, financed by personal or other resources.

(4) Remedial Training. Where comprehensive evaluation results indicate that a client is not ready to attend an institution of higher education, but where a potential for such attendance is present, remedial training will be made available. When remedial training progress indicates that the client is ready to attend an institution of higher education, financial support may be provided.

(5) Continuation of Financial Support.

(a) Continued financial support for a client’s attendance at an institution of higher education will be dependent upon the client’s maintaining a satisfactory academic record, as determined by the institution.

(b) Each client’s progress will be reviewed at least annually to determine the appropriateness of continued financial support, to evaluate whether any redirection of the client’s course of study is required, and to identify and resolve any existing or potential problems.

(6) Submission of Grade Reports. Each client shall submit a copy of an official institution record of their grades to their counselor at Commission not later than 30 days following the completion of each term.

(7) Support for Attendance Outside the State of Oregon or at Private Institutions. When a course of study required by a client’s IPE is not offered at a public institution of higher education within the State of Oregon, financial support for attendance at a private institution within the State of Oregon or at an institution outside of the State of Oregon may be provided, but only to the extent normally provided to clients who attend public institutions within the State of Oregon.

(8) Withdrawal from Institution. In the event that a client intends to withdraw completely from an institution of higher education where their attendance has been approved and financial support has been provided by Commission, the client is responsible for notifying their counselor at Commission of their intent to withdraw at least 30 days prior to the commencement of classes.

(9) Termination. Financial support to attend an institution of higher education will be terminated when the client qualifies at the entry level in the occupational field or profession for which they are studying, or when the client is determined to be ineligible for financial support under this rule.

(10) Advanced Study. At least one (1) year’s work experience is required between completion of educational study at the baccalaureate level and the receipt of financial support for any advanced course of study. Requests for exceptions to this policy will be evaluated by Commission on an individual basis.

(11) The provision for financial support of attendance at an institution of higher education is contingent upon the availability of adequate funds to Commission for this purpose.

History

Statutory/Other Authority: ORS 346.150 & ORS 346.180
Statutes/Other Implemented: ORS 346.180
CFTB 2-2021, adopt filed 02/23/2021, effective 02/24/2021

Or. Admin. R. 585-010-0050 Policies for Funding Self-Employment Business Ventures

(1) Subject to the conditions provided under this rule, Commission may provide financial support to clients for funding self-employment business ventures. Clients who are entering the Business Enterprise Program do not meet the federal definition of self-employment under the Rehabilitation Act and are not subject to the requirements of this rule.

(2) The following definitions apply to this rule:

(a) “Equipment” means an item that is determined necessary for the individual’s employment goal.

(b) “PASS” means Plan to Achieve Self-Support;

(d) “SBDC” means Small Business Development Centers;

(3) The following basic criteria apply to this rule:

(a) A client must intend to establish or run a business to become financially independent. Financial support will only be available to establish or run a business that may reasonably be expected to provide income to the client, commensurate with the individual's strengths, abilities, capabilities and interests.

(A) Commission will not fund "hobby" businesses. A “hobby” business is defined as one that is casual or recreational in nature with no intention of earning income at or above a living wage; also referred to as a “not for profit” business.

(B) Commission will not fund businesses designated as tax-exempt by the Internal Revenue Services (IRS); also referred to as a “non-profit” business.

(b) If a client is involved with a business partnership, limited liability corporation (LLC) or corporation, they must present written evidence of being the controlling partner or controlling shareholder of the corporation. A provision in the Partnership Agreement must be made for the client to settle all debts should the business not succeed. Commission will assume no financial liability for debts incurred by the business partnership, LLC or corporation.

(c) Speculative or high-risk business ventures will not be considered by Commission. These include those which present a risk beyond the control of the business owner or those which are so subject to economic whims as to have an unpredictable future.

(d) The client must present documentary evidence to indicate that a reasonable effort has been made to obtain comparable financial support, when available. Evidence must include one or more of the following: application and rejection from a lending institution, PASS benefits sheet, request for investments, or list of personal assets to be used for the business.

(A) If financial support from another source(s) is identified to fund the business in part or in whole, a request to obtain financial support from that source(s) should be made before requesting financial support from Commission. If the request was denied because of an insufficient business plan, the client must revise the plan and resubmit it to the funding source.

(B) Where partial financial support is obtained elsewhere, the client must submit copies of the relevant documentation to identify the extent of that financial support.

(C) Where denial of financial support outside of Commission is based on the availability of personal or family resources, the client will be expected to utilize those resources before requesting agency funding support.

(D) When no comparable financial benefits or services are available, Commission may fund reasonable and necessary start-up costs for a business as part of a client’s IPE. 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 Commission.

(4) A client seeking financial support from Commission to become involved in a self-employment business venture must complete a comprehensive assessment.

(a) Commission will provide or arrange for an assessment by Commission staff or by competent business persons outside of Commission to assess the business skills, background, and potential of the client seeking financial support. Portions of the assessment may be conducted by business persons, such as a representative of the Oregon Small Business Development Center.

(b) The comprehensive assessment will cover the following:

(A) Evaluation of previous work experience, especially in the same or a similar industry to the proposed business or in other self-employment;

(B) Understanding of other career options and availability of jobs in the present and future job market;

(C) Communications skills necessary in the proposed business (written and verbal skills, along with capability to maintain and interpret financial records for the business);

(D) Factors such as willingness to make personal financial investment in the business, ability to make appropriate decisions, dependability, follow-through, organizational ability, adequate travel skills as demonstrated by interaction with agency personnel and former business colleagues;

(E) Alternative skills of blindness adequate to function in the business; knowledge of technology, adaptive technology and software applications currently being used in the management of similar businesses;

(F) Demonstration of money/resource management skills consistent with running a viable small business; and

(G) Background or training in financial management skills required for managing a self-owned business.

(c) Where the comprehensive assessment results indicate that a client lacks some of the skills necessary for successful business management, Commission may make available and require training in those specific skill areas, especially the alternative skills dealing with blindness and financial management skills.

(5) The client must prepare a well-researched and written comprehensive business plan such as that required by a bank or the SBA. The client may seek assistance in developing a business plan from outside sources, such as the SBA or the SMDC at community colleges.

(a) The plan must include an itemized list of equipment or business-related expenses which the client requests Commission provide.

(b) The client must make a formal presentation of the plan to Commission. If the plan is accepted, the decisions made will lead to the development or amendment of the IPE. Any support by Commission must be a part of an agreed upon IPE.

(c) If the total request for financial support and technical assistance for business startup is less than $3,500, the client’s vocational rehabilitation counselor may not require a formal business plan. However, in providing assistance less than $3,500, there still should be sufficient evidence that the business is viable. Financial support for business startup purposes must be clearly documented.

(d) Requests for financial support for an existing business, which exclusively involve adaptive equipment, may require documentation of the viability of the business rather than a formal business plan. Documentation may include one or more of the following: customer invoices, sales receipts, recent tax returns, or business financial statements.

(A) Vocational rehabilitation services for qualified individuals seeking assistance with an existing business may be provided under the following circumstances:

(i) The existing business is consistent with the individual’s unique strengths, resources, priorities, concerns, abilities, capabilities, career interests, and informed choice;

(ii) Disability-related barriers to work, as identified by the client in consultation with their counselor, affect the individual’s ability to continue operating this business; and

(iii) Without vocational rehabilitation intervention, the individual will not be able to continue operating the business.

(B) Commission will not provide vocational rehabilitation services to a client solely to expand or update an existing business, including situations to make a business profitable, if there are no disability-related barriers. If an individual is requesting a service such as this, the client’s counselor may provide the client with references for alternative community resources that the individual may seek out.

(C) Vocational rehabilitation services and the client’s IPE will be designed to address disability specific barriers. The client’s business plan also must address those barriers that make the business unsuitable.

(i) In the event the barriers cannot be removed, the business will not be supported by Commission and alternate goals should be explored by the client with the aid of their counselor.

(ii) In the event the client’s business goal is viable, vocational rehabilitation services may be provided in order to make the business suitable.

(6) Financial support for any service provided under an IPE is contingent upon the availability of funds to Commission. Financial support should not place a burden on Commission’s resources to the extent that Commission would be unable to provide services to other clients.

(7) A client who receives financial support or services from Commission to fund their business venture must provide timely, at a minimum semi-annually, financial statements and other documentation as requested by Commission showing progress toward becoming financially independent. Examples of documentation include, but are not limited to: business bank statements, profit/loss statements against business plan projections, progress against planned startup activities, and marketing plan execution.

(a) Commission’s support is designed to assist in the initial startup of a business; it is not to be considered an ongoing resource, and in no case will business losses be reimbursed by Commission.

(b) Development of a comprehensive business plan is expected to adequately capitalize the business and limit the need for ongoing financial support by Commission.

(8) Any equipment for the business must be purchased in accordance with Commission’s equipment policy provided for under OAR Chapter 585, Division 20.

(a) Under the criteria in OAR 585-020-0060, ownership of equipment may be transferred to the client. The client’s counselor will determine appropriateness of this action. Regardless of ownership, the client is responsible for adequately maintaining the equipment.

(b) Any equipment whose title is not passed to the client will be returned to the agency when it is no longer required for the purpose for which it was procured.

History

Statutory/Other Authority: ORS 346.150 & ORS 346.180
Statutes/Other Implemented: ORS 346.180
CFTB 2-2021, adopt filed 02/23/2021, effective 02/24/2021

Division 15 BUSINESS ENTERPRISE PROGRAM RULES

Or. Admin. R. 585-015-0000 Introduction

These rules govern the Business Enterprise Program of the Oregon Commission for the Blind. They are intended to supplement the governing law of the Randolph-Sheppard Act, 20 USC sections 107 to 107f and ORS 346.510 to 346.570.

History

Statutory/Other Authority: HB 3253 (2017)
Statutes/Other Implemented: ORS 346.510 to 346.570 & Randolph-Sheppard Act, 20 USC sections 107 to 107f
CFTB 4-2017, adopt filed 12/21/2017, effective 12/21/2017

Or. Admin. R. 585-015-0005 Definitions

(1) ACTIVE PARTICIPATION means an ongoing process of information sharing, discussions and good faith negotiations between the Business Enterprise Consumer Committee and the Commission to achieve joint planning, developing and understanding of the Commission’s major administrative, policy and program development decisions that impact the Commission’s Business Enterprise Program, prior to their implementation;

(2) BLIND PERSON means a person who qualifies as a blind person under 34 CFR 395.1(c);

(3) BUSINESS ENTERPRISE PROGRAM means the Program administered by the Commission that is responsible for providing self-employment opportunities to persons who are legally blind pursuant to the Randolph-Sheppard Act;

(4) BUILDING MANAGER means the head of the department or agency in charge of maintenance of federal or public buildings or properties. The person designated by the federal or public agency in control of the property to deal with the Commission concerning vending facilities shall be deemed to be the “head of the department or agency in charge of maintenance”;

(5) BUSINESS ENTERPRISE CONSUMER COMMITTEE means the group of elected vending facility managers who serve as representatives of all vending facility managers and licensees in the Business Enterprise Program, as described in 34 CFR § 395.14;

(6) CAFETERIA, located on Federal property, is as defined in CFR 395.1(d).

(7) CAFETERIA, located on State property or in other public buildings, means a food-dispensing facility:

(a) That can provide a variety of prepared foods and beverages;

(b) Where a patron may move through a self-service line;

(d) That provides seating suitable for patrons to consume meals;

(8) COMMISSION means the Oregon Commission for the Blind which is the agency of the state of Oregon which provides rehabilitation services for legally blind persons within the state. It is also the licensing agency assigned to administer the Act;

(9) DIRECTOR means the Director of the Business Enterprise Program;

(10) DIRECT COMPETITION VENDING has the meaning provided in 34 § CFR 395.1(f);

(11) FACILITY means the building or property where vending or food service operations are located or established;

(12) FEDERAL PROPERTY is as defined in 34 § CFR 395.1(g);

(13) HEALTHY ITEMS (OTHER) means products that meet the guidelines as specified in the USDA Health and Sustainability Guidelines for Federal Concessions and Vending Operations;

(14) HEALTHY VENDING ITEM means products that meet the Fit Pick guidelines of the National Automated Merchandising Association as written in 2017;

(15) LICENSE has the meaning provided in 34 CFR 395.1(i);

(16) LICENSEE has the meaning provided in 34 CFR 395.1(b);

(17) LOCAL VENDING ITEM means an agricultural product that is transported less than 400 miles from its origin or is distributed within the same state it was produced. Based on the definition provided in the Food, Conservation and Energy Act of 2008: Conference Report to Accompany H.R. 2419.

(18) NET PROCEEDS is as defined in CFR 395.1(k);

(19) OPERATING AGREEMENT means the agreement between the vending facility manager and the Commission stating specific terms of operation for a vending facility;

(20) PERMIT has the meaning provided in 34 CFR 395.1(o);

(21) POLITICAL SUBDIVISION means a local government as defined in ORS 174.116, a municipality, town or village of this state;

(22) PUBLIC BUILDING OR PROPERTY has the meaning provided in HB 3253 (2017);

(23) SET-ASIDE FUNDS has the meaning provided in 34 CFR 395.1(s);

(24) TEAMING PARTNER means a private company that has entered into an agreement with the Commission to provide support to a vending facility manager in the day to day conduct of the vending facility operation;

(25) TEMPORARY MANAGER means a vending facility manager temporarily assigned to operate a vending facility, until a permanent vending facility manager is assigned to operate the vending facility;

(26) TRAINEE means a blind person who has completed the required vocational rehabilitation assessments and training, and who has applied to and been accepted by the Director, to receive training that may lead to licensure in the Business Enterprise program;

(27) VENDING FACILITY, located on Federal property, is as defined in 34 CFR 395.1(x);

(28) VENDING FACILITY, located on State property or in other public buildings, means:

(a) Shelters, counters, shelving, display and wall cases, refrigerating apparatus and other appropriate auxiliary equipment that are necessary or customarily used for the vending of articles, including an established mix of healthy vending items approved by the Commission for the Blind and the agency department or political subdivision charged with maintaining the public building or property where the vending facility is located;

(b) Manual or coin-operated vending machines or similar devices for vending articles, including machines or devices that accept electronic payment; or Cafeterias or snack bars for the dispensing of food stuffs and beverages;

(29) VENDING FACILITY PERMIT, for facilities .1(o)efined in CFR located on Federal property, is as defined in 34 CFR 395.1(o);

(30) VENDING FACILITY AGREEMENT, for facilities located on State property or in other public buildings, means an agreement between the appropriate officials with a public property or federal property and the Commission that defines the terms and conditions for the establishment and operation of a vending facility;

(31) VENDING FACILITY MANAGER means a person who is:

(a) Blind;

(b) Responsible for the day-to-day conduct of the vending facility operation; and

(32) VENDING MACHINE is as defined in 34 CFR 395.1(y);

(33) VENDING MACHINE INCOME is as defined in 34 CFR 395.1(z);

(34) VENDING ROUTE is compilation of vending machines combined to establish a vending facility.

History

Statutory/Other Authority: 183.341 & HB 3253 (2017)
Statutes/Other Implemented: 346.510-346.570
CFTB 4-2017, adopt filed 12/21/2017, effective 12/21/2017
CFTB 2-2017, temporary adopt filed 11/03/2017, effective 11/03/2017 through 05/01/2018

Or. Admin. R. 585-015-0010 Licensing

(1) TRAINEE SELECTION – To become a trainee in the Business Enterprise program, an applicant must meet the following qualifications:

(a) Be a citizen of the United States;

(b) Be present in the State of Oregon;

(d) Be a client of the Commission's vocational rehabilitation program;

(e) Be certified by the Commission's vocational rehabilitation program as capable and qualified to operate a vending facility;

(f) Complete and submit an application form to the Director;

(g) Complete the Business Enterprise program testing requirements.

(h) The Director must also determine that there is reasonable expectation that the client will successfully complete the required training.

(2) TRAINING – To be eligible for a license, a trainee must successfully complete the training course provided by the Business Enterprise program. The Business Enterprise program, with the active participation of the BECC, shall design the training course for assignment to a vending facility. The training will encompass operations of all types of vending facilities. The training course may include distance education or college courses. It shall include on-the-job training at one or more Director approved facilities.

(a) A trainee must demonstrate proficiency in the skills acquired during on-the-job training.

(b) With active participation of the BECC, additional training may be required as a prerequisite for assignment to unique vending facilities.

(c) A trainee must demonstrate proficiency in mathematics, writing, reading comprehension, and computer skills to the extent necessary to successfully operate a vending facility.

(d) A trainee must achieve a passing score on any examination administered during the training program.

(3) LICENSES – With respect to issuing a license to a trainee,

(a) The Commission shall issue a license to a trainee who has met all eligibility requirements, who has successfully completed the Business Enterprise program’s training program, and who has passed the final training examination.

(b) The Commission shall issue a license to a blind person who is licensed in another state only under the following circumstances:

(c) The applicant shall have signed a consent form for release of information for all states where the applicant has received or applied for rehabilitation services;

(d) The applicant shall have no outstanding debts with any other rehabilitation agencies;

(e) The applicant’s license shall not be suspended or terminated;

(f) The applicant shall be a citizen of the United States and be present in the State of Oregon;

(g) The applicant shall be a blind person;

(h) The applicant shall be a client of the Commission's vocational rehabilitation program;

(i) The applicant shall be certified by the Commission's vocational rehabilitation program as capable and qualified to operate a vending facility;

(j) The applicant shall complete and submit an application form to the Director;

(k) The applicant shall complete the Business Enterprise program testing requirements;

(l) The applicant shall demonstrate proficiency in the required skills assessed on-the-job by Business Enterprise staff at a vending facility approved by the Director;

(m) The applicant shall demonstrate proficiency in mathematics, writing, reading comprehension, and computer skills to the extent necessary to successfully operate a vending facility, and;

(n) The applicant shall achieve a passing score on the final training examination.

(4) DENIAL OF A LICENSE – if a license is denied, the applicant may appeal using the VR agency process outlined in the VR client Rights & Responsibilities (https://www.oregon.gov/blind/Documents/VR%20Rights%20and%20Responsibilities.pdf) and dispute resolution forms (https://www.oregon.gov/blind/Documents/ocb_dispute_resolution_notice%20updated.doc). The Commission shall deny a license when any of the following occur:

(a) With respect to a trainee, the Commission shall deny licensure when:

(A) A trainee does not successfully complete the Business Enterprise training program;

(B) A trainee does not demonstrate proficiency in the skills acquired during on-the-job training;

(C) A trainee does not demonstrate proficiency in mathematics, writing, reading comprehension, or computer skills to the extent necessary to successfully operate a vending facility;

(D) A trainee does not achieve a passing score on the final training examination.

(b) With respect a vending facility manager from another state, the Commission shall deny licensure when:

(A) An applicant does not complete and submit an application form to the Director;

(B) An applicant does not complete the Business Enterprise program testing requirements;

(C) An applicant does not complete a signed consent form for release of information for all states where the applicant has received or applied for rehabilitation services;

(D) An applicant has outstanding debts with any rehabilitation agencies;

(E) An applicant’s license has been suspended or terminated;

(F) An applicant is not a client of the Commission's vocational rehabilitation program;

(G) An applicant is not certified by the Commission's vocational rehabilitation program as capable and qualified to operate a vending facility;

(H) An applicant does not demonstrate proficiency in the required skills when assessed on-the-job by Business Enterprise staff at a vending facility approved by the Director;

(I) An applicant does not demonstrate proficiency in mathematics, writing, reading comprehension, and computer skills to the extent necessary to successfully operate a vending facility;

(J) An applicant does not achieve a passing score on the final training examination;

(5) PROGRESSIVE DISCIPLINE – The Commission shall utilize progressive discipline to document and correct performance or conduct issues, prior to terminating a vending facility manager’s license. Except as provided by OAR 585-015-0030, Section F - Emergency Removal from Vending Facility, the Commission shall use progressive discipline with the vending facility managers. All notices of disciplinary action shall advise the vending facility manager of their right to appeal. The notice shall also advise the vending facility manager of the availability of the BECC to assist and act as an advocate. Throughout the process, if the Commission determines that the performance or conduct issues can be appropriately addressed through training, the Commission shall make such training available to the vending facility manager. The Commission may take the following progressive discipline steps:

(a) Step 1 – Verbal warning: Business Enterprise program staff will discuss the performance or conduct issue(s) that was observed or reported with the vending facility manager. Business Enterprise staff will explain the expected corrective actions, and the expected amount of time to complete the corrective actions, to the vending facility manager. Business Enterprise staff will document the discussion and provide the vending facility manager a copy of the documentation. The manager shall sign a copy of the documentation after being afforded the opportunity to read it in the manger’s preferred mode. If the Commission determines that the performance or conduct issues can be appropriately addressed through training, the Commission shall make such training available to the vending facility manager.

(b) Step 2 – Written warning: if a vending facility manager does not take the corrective actions that were documented in step 1, and the performance or conduct issue(s) continue, Business Enterprise staff will issue the vending facility manager a written warning that documents the performance or conduct issue(s) that continue to be reported or observed, the actions that were not taken after the step 1 warning, and the required immediate corrective action(s) and timeline(s), the vending facility manager must complete to remedy the issue(s). The Director will review the written warning with the vending facility manager to ensure they fully understand the expected immediate and sustained corrective actions that need to occur, to prevent further progressive discipline or termination of their license. The vending facility manager shall receive a copy of the written warning. The manager shall sign a copy of the documentation after being afforded the opportunity to read it in the manger’s preferred mode. If the Commission determines that the performance or conduct issues can be appropriately addressed through training, the Commission shall make such training available to the vending facility manager.

(c) Step 3 – Final warning: if a vending facility manager does not take the corrective actions that were documented in step 2, and the performance or conduct issue(s) continue, Business Enterprise staff will issue the vending facility manager a final written warning. The final warning shall document the performance or conduct issue(s) that continue to be reported or observed, the actions that were not taken after the step 2 warning, and the required immediate corrective action(s) and timeline(s), the vending facility manager must complete to remedy the issue(s). The manager shall sign a copy of the documentation after being afforded the opportunity to read it in the manger’s preferred mode. If the Commission determines that the performance or conduct issues can be appropriately addressed through training, the Commission shall make such training available to the vending facility manager.

(d) Step 4 – Termination: if the vending facility manager does not complete the required corrective actions, outlined in step 3, within the required timeline, the Commission may begin the process to terminate the vending facility manager’s license. The vending facility manager shall receive due process as outlined in Section F, Termination of License.

(e) If the Commission determines that the performance or conduct issues can be appropriately addressed through training, the Commission shall make such training available to the vending facility manager.

(6) Termination of License – The Commission may terminate the license of a vending facility manager when the vending facility manager:

(a) Ceases to meet eligibility requirements;

(b) Resigns or retires from the Business Enterprise program;

(d) Does not comply with applicable laws, rules, the permit or vending facility agreement to which the manager is assigned;

(e) Does not comply with the terms and conditions of their operating agreement;

(f) May be terminated as provided for in CFR 395.7(b);

(g) Intentionally or recklessly damages or destroys equipment furnished by the Commission or the agency named in the permit or vending facility agreement;

(h) Commits theft, fraud or embezzlement;

(i) Uses, or is under the influence of an intoxicant or illegal drug while at a vending facility;

(j) Fails to submit required monthly set-aside or other reports;

(k) Intentionally submits false reports;

(l) Fails to retain supporting documentation for monthly reports;

(m) Fails to cooperate with a financial audit;

(n) Fails to submit to an eye exam when requested;

(o) Fails to pay set-aside charges or scheduled repayments for more than sixty (60) days;

(p) Fails to maintain required insurance coverage,

(q) Fails to provide proof of insurance coverage;

(r) Illegally operates a motor vehicle while on duty or while traveling to or from a vending facility;

(s) Represents themselves as employees of the State of Oregon or the Commission, or solicits or negotiates for new vending facility agreements or permits.

(7) NOTICE OF TERMINATION – When the Commission has grounds for termination of a license it shall provide written notice of termination to the vending facility manager as required in ORS 183.415(2). Such notice shall advise the vending facility manager of his/her right to a full evidentiary hearing as provided in section “Dispute Resolution Process, C” when the vending facility manager makes a written request for a full evidentiary hearing, as required in 34 CFR 395.13.

(8) REINSTATEMENT – A blind person may apply for reinstatement of their license and shall meet the following requirements prior to a new license being issued:

(a) A blind person shall have resigned or retired from the Business Enterprise program;

(b) A blind person shall successfully complete all steps outlined in the LICENSING section.

(9) POST-LICENSURE TRAINING – The Commission shall provide training to vending facility managers and licensees at least once per calendar year.

(a) Vending facility managers and licensees are required to attend one Commission sponsored training per calendar year. This requirement may be waived only with the Commission’s written consent due to illness or bereavement;

(b) Vending facility managers and licensees may attend via teleconference;

(d) Training topics may include strategies for improved work opportunities, budgeting, marketing, customer service, employee management and industry trends.

(10) ADDITIONAL TRAINING – When the Commission determines a vending facility manager or licensee requires additional training, the Commission shall arrange for additional training. The Commission shall provide post-employment services consistent with the requirements in 34 CFR 395.11.

(11) CONTINUING EDUCATION (CE) TRAINING – In order to ensure continued professional growth and to enhance opportunities for upward mobility, all vending facility managers, and licensees, are required to complete continuing education credits each calendar year.

(a) In order to meet this requirement, the vending facility manager shall complete three of the following activities:

(A) Attendance at a vending facility manager training sponsored by the BECC with the assistance of the Commission;

(B) Attendance at the National Association of Blind Merchants (NABM) BLAST Conference;

(D) Attendance at the National Automatic Merchandising Association NAMA Show;

(E) Attendance at the National Restaurant Association (NRA) Annual Conference;

(F) Attendance at the National Association of Convenience Stores (NACS) Annual Conference;

(G) Successful completion of a Hadley Institute for the Blind and Visually Impaired online training course offered by Hadley’s Forsythe Business Program;

(H) Certification or recertification in the National Restaurant Association’s ServSafe food safety program;

(I) Attending a State NAMA Conference;

(J) Attending an industry sponsored food show;

(K) Successful completion of a college business course.

(b) Additionally, the Commission may design training specific to an individual or with the active participation of the BECC identify other training opportunities not listed above. With the active participation of the BECC, point values will be assigned to such training as appropriate.

(c) It will be the responsibility of the vending facility manager, or licensee, to provide documentation each January of attendance or completion of all training. The Commission shall maintain said documentation.

(d) Failure to meet the continuing education requirements will disqualify a vending facility manager from bidding on facilities for the next calendar year.

(e) The Commission may make an exception to the training requirement if the vending facility manager, or licensee, cannot complete the training due to medical issues or other documented hardships.

History

Statutory/Other Authority: HB 3253 (2017)
Statutes/Other Implemented: ORS 346.510 to 346.570
CFTB 1-2021, amend filed 02/18/2021, effective 02/19/2021
CFTB 1-2020, temporary amend filed 12/10/2020, effective 12/14/2020 through 06/09/2021
CFTB 3-2017, adopt filed 12/20/2017, effective 12/21/2017

Or. Admin. R. 585-015-0015 Vacancies

(1) NOTICE – When a new or existing vending facility becomes available, the Business Enterprise Program shall send an announcement to all vending facility managers and licensees. The announcement shall provide the following information for the vending facility (as applicable):

(a) The vending facility agreement or permit;

(b) A list of equipment provided;

(d) Sales figures and net proceeds for the past three (3) years;

(e) Number of employees needed for current staffing levels;

(f) For new vending facilities, a survey if available;

(g) The required date to respond to the vacancy notice;

(h) Whether or not the vending facility manager would be required to relinquish their existing vending facility, if selected.

(2) APPLICATION – A vending facility manager or licensee may apply for any vacancy, and shall meet the following conditions:

(a) Has no past due indebtedness to the Commission;

(b) Has met the continuing education requirement as outlined in the Section above;

(d) The Director shall use the above conditions to determine which vending facility managers; or

(e) licensees qualify for the selection process.

(3) SELECTION – A selection committee shall be formed to interview vending facility managers and licensees who have applied for a vacancy.

(a) The selection committee shall recommend to the Director one candidate for selection. The selection committee shall consist of:

(A) The Business Enterprise Consumer Committee chair;

(B) The Director or Business Enterprise staff assigned by the Director;

(C) A vending facility manager or licensee selected by the mutual agreement of the Director and Business Enterprise Consumer Committee Chair;

(D) The building manager or a representative, if the building manager requests to participate, provided the Program has provided an orientation to blindness training to that individual.

(b) A vending facility manager may not participate on any selection committee for a vacancy they have applied for. If the Business Enterprise Committee Elected Chair has applied for a vacancy, then the Vice-Chair of the Business Enterprise Consumer Committee shall assume the Chair’s duties in the selection process.

(c) The selection committee shall conduct either in-person or telephone interviews. The selection committee shall establish a list of questions that will be asked of all applicants. The selection committee shall grade each applicant in the following categories:

(A) Vending facility manager experience;

(B) Other management experience;

(D) Operational performance;

(E) Financial performance;

(F) Education background;

(G) Training completed;

(H) Operational plan for the facility if selected.

(d) The selection committee members shall score each of the categories zero (0) to ten (10), the maximum score being eighty (80). Each selection committee member shall add all eight (8) category scores to calculate a total score for each applicant. The selection committee members shall then add their total scores together to give the applicant an aggregated total score. The applicant with the highest aggregated total score shall be recommended. In the event of a tie, the applicant with the most years of experience in the Oregon Business Enterprise program shall be recommended.

(e) The Director shall award the facility to the vending facility manager recommended by the selection committee unless the Director can justify to the selection committee the reason for selecting another vending facility manager.

(f) If there is only one applicant for a vending facility, the Director may select the applicant without using a selection committee .

(4) OPERATING AGREEMENT — The Commission shall enter into biennial operating agreements with vending facility managers for the operation of vending facilities.

(a) Termination of Operating Agreement: The operating agreement may be terminated and the VFM removed from the vending facility when any of the following has occurred:

(A) The vending facility named in this agreement is permanently closed;

(B) The VFM resigns from operating the vending facility;

(C) The VFM subcontracts facilities/sites that have not been approved by the Commission, or utilizes a subcontractor that is not on the list of approved subcontractors;

(D) The VFM’s license has been terminated by the Commission;

(E) The VFM has failed to fulfill the terms and conditions of the vending facility agreement or permit;

(F) The VFM has failed to fulfill their responsibilities outlined in the operating agreement, after being afforded the opportunity to remedy specific failures.

(b) A VFM shall receive due process prior to the operating agreement being terminated under the provisions of items C, D, E or F above.

(5) TEMPORARY ASSIGNMENT – If a vending facility manager or licensee is not available or selected for permanent assignment to a vending facility, the Commission shall select a vending facility manager or licensee to operate the vending facility under a temporary operating agreement if a vending facility manager is available and willing to accept the temporary assignment. A vending facility manager or licensee with indebtedness to the Commission shall not be eligible to operate a vending facility under a temporary operating agreement.

(a) The following process shall be used to select a temporary manager:

(A) The Director shall send an announcement of a temporary vending facility assignment to all vending facility managers and licensees. The announcement shall contain the following:

(i) The vending facility agreement or permit;

(ii) A list of equipment provided;

(iii) A list of the types of products sold;

(iv) Sales figures and net proceeds for the past three (3) years;

(v) For new vending facilities, a survey if available;

(B) A vending facility manager or licensee shall apply to the Director for assignment as the temporary manager.

(C) If more than one vending facility manager or licensee applies for the temporary assignment the Director shall interview the applicants.

(D) The Director shall select a vending facility manager or licensee based on the following categories:

(i) Vending facility manager experience;

(ii) Other management experience;

(iii) Customer service experience;

(iv) Operational performance;

(v) Financial performance;

(vi) Educational background;

(vii) Training received.

(E) The Director shall score each of the categories zero (0) to ten (10), the maximum score being seventy (70). The Director shall add up all seven (7) category scores to calculate an overall total score for each applicant. The applicant with the highest total score shall be selected. In the event of a tie score the applicant with the most years of experience in the Oregon Business Enterprise program shall be selected.

(F) After a vending facility manager or licensee has been selected, the Commission and the selected vending facility manager or licensee shall fully execute a temporary operating agreement for the vending facility.

(b) If no vending facility manager or licensee is willing to accept a temporary operating agreement for the vending facility, the Commission shall contract with a private vendor for the continued operation of the vending facility until a vending facility manager or licensee is selected to operate the vending facility.

(c) If a vending facility becomes vacant without prior notice by the vending facility manager, the Commission may elect to contract with a third-party vendor to ensure continuous operation of a vending facility. With the active participation of the BECC, a decision will be made as to when to announce the vacant facility so that all vending facility managers and licensees can bid. In such instances, the vending facility will not be operated by the third party for more than six months without bidding it out to the vending facility managers and licensees, unless there are unique circumstances in the judgement of the Commission. If the facility is no longer viable, the Commission, with the active participation of the BECC, may choose not to bid it out and may make other arrangements. Other arrangements may include, changing the business type of the facility (i.e. cafeteria to micro market) or closing the facility due to low profitability.

History

Statutory/Other Authority: HB 3253 (2017)
Statutes/Other Implemented: ORS 346.510 to 346.570
CFTB 1-2021, amend filed 02/18/2021, effective 02/19/2021
CFTB 1-2020, temporary amend filed 12/10/2020, effective 12/14/2020 through 06/09/2021
CFTB 3-2017, adopt filed 12/20/2017, effective 12/21/2017

Or. Admin. R. 585-015-0020 Set-Aside Funds

(1) ASSESSMENT - The standard set aside charge is eleven percent (11%) of a vending facility’s monthly net proceeds.

(2) SET-ASIDE INCENTIVES - The Commission shall reduce the percentage of set aside collected from a vending facility manager, by the following amounts:

(a) Four percentage points, if the vending facility offers exclusively healthy vending items or local vending items. To qualify for the local vending item incentive, 100% of items sold in all vending machines or cafeterias must meet the definition of a Local Vending Item. To qualify for the healthy vending item incentive, all packaged snacks in vending machines are required to meet the Food and Nutrition Standards for Packaged Foods, and Food and Nutrition Standards for Beverages, as outlined in Food Service Guidelines Federal Workgroup. Food Service Guidelines for Federal Facilities. Washington, DC: U.S. Department of Health and Human Services; 2017 . To qualify for the healthy vending item incentive, cafeterias and snack bars are required to implement at the Standard and Innovative Implementation levels for all categories of prepared foods and beverages as outlined in Food Service Guidelines Federal Workgroup. Food Service Guidelines for Federal Facilities. Washington, DC: U.S. Department of Health and Human Services; 2017 ;

(b) Three percentage points if at least 75 percent but less than 100 percent of the offerings at the vending facility are healthy vending items or local vending items. To qualify for the local vending item incentive, 75% to 99% of items sold in all vending machines or cafeterias must meet the definition of a Local Vending Item. To qualify for the healthy vending item incentive, 75% to 99% of items in all vending machines are required to meet the Food and Nutrition Standards for Packaged Foods, and Food and Nutrition Standards for Beverages, as outlined in Food Service Guidelines Federal Workgroup. Food Service Guidelines for Federal Facilities. Washington, DC: U.S. Department of Health and Human Services; 2017 . To qualify for the healthy vending item incentive, cafeterias and snack bars are required to implement 75% to 99% of the Standard and Innovative Implementation Levels for all categories of prepared foods and beverages outlined in Food Service Guidelines Federal Workgroup. Food Service Guidelines for Federal Facilities. Washington, DC: U.S. Department of Health and Human Services; 2017 ;

(c) Two percentage points if at least 50 percent but less than 75 percent of the offerings at the vending facility are healthy vending items or local vending items. To qualify for the local vending item incentive, 50% to 74% of items sold in all vending machines or cafeterias must meet the definition of a Local Vending Item. To qualify for the healthy vending item incentive, 50% to 74% of items in all vending machines are required to meet Food and Nutrition Standards for Packaged Foods, and Food and Nutrition Standards for Beverages, as outlined in Food Service Guidelines Federal Workgroup. Food Service Guidelines for Federal Facilities. Washington, DC: U.S. Department of Health and Human Services; 2017 . To qualify for the healthy vending incentive, cafeterias and snack bars are required to implement 50% to 74% of the Standard and Innovative Implementation Levels for all categories of prepared foods and beverages outlined in Food Service Guidelines Federal Workgroup. Food Service Guidelines for Federal Facilities. Washington, DC: U.S. Department of Health and Human Services; 2017 ;

(d) Two percentage points if the vending facility employs at least one person who is blind, in addition to the vending facility manager;

(e) One percentage point for each person who is blind and is employed by the vending facility in addition to the persons described in section 4;

(f) One percentage point if the vending facility employs at least one person with a disability, as defined in ORS 174.107, or who is a veteran, as defined in ORS 408.225, in addition to the vending facility manager; and

(g) One-half of one percentage point for each person with a disability or veteran employed by the vending facility in addition to the persons described in section

(h) References - The following link provides the criteria for healthy vending items: https://www.cdc.gov/obesity/downloads/guidelines_for_federal_concessions_and_vending_operations.pdf.

(i) Set-aside reductions are not cumulative. Vending facility managers who meet the requirements of (2)(a) above will receive a 4 percentage point reduction but no more. Vending facility managers who do not meet the requirements of (2)(a) above will earn reductions of no more than 3 percentage points.

(j) Vending facility managers shall provide proof annually for the incentives for which they qualify.

(k) Proof for vending machines shall consist of one of the following, to be submitted to and verified by the Business Enterprise Program:

(A) A planogram schematic of each vending machine and photos of the machine each time it is stocked; or

(B) Monthly inventory records of items installed in each machine

(l) Proof for cafeterias and snack bars shall consist of the following, to be submitted to and verified by the Business Enterprise Program:

(A) Either of the options listed above for vending machines, and

(B) Weekly copies of menus and lists of items for sale, and

(3) DEDUCTIONS - When determining net proceeds, the vending facility manager may deduct vending facility operating costs or operating expenses paid during the reported calendar month.

(a) The allowable deduction is the actual dollar amount paid, as further limited below:

(A) Cost of food and products, this would include raw food and ingredients, prepared food, vending products, and other supplies and materials for resale;

(B) Direct vending facility rent and utilities, this includes off-site storage, power, phone, and internet services;

(C) Wages paid to employees, including any spouse, domestic partner or relative by blood or marriage, not to exceed two times the State of Oregon’s minimum wage, provided the vendor is compliant with IRS reporting;

(D) Benefits paid to employees, including any spouse, domestic partner, or to a relative by blood or marriage;

(E) Payroll taxes;

(F) Business taxes, licenses and health permits necessary to operate the vending facility;

(G) Liability, fire, property damage and workers’ compensation insurance;

(H) Business consultant services with prior written approval from Agency;

(I) Legal fees, directly related to the operation of the vending facility with prior written approval from Agency;

(J) Accounting and banking expenses, this includes business tax preparation, credit card processing and bank fees;

(K) Vending facility janitorial services;

(L) Payments for equipment owned or leased by the vending facility manager with prior written approval of the Commission;

(M) Repairs to vending facility equipment;

(N) Office supplies directly related to operating the vending facility;

(O) Automobile expenses, the allowable expense is either the documented business-related mileage driven, multiplied by the current Internal Revenue Service standard mileage rate (www.IRS.gov), or the total itemized automobile expenses for that month;

(P) Travel expenses, for business related travel;

(Q) Training expenses, for business related training;

(R) Miscellaneous business expenses, each expense shall be itemized, allowable expenses include laundry and uniform expenses, advertising and promotional expenses, printing expenses, pest control expenses, and business-related Interest expenses, the allowable amounts are the actual amount paid for all miscellaneous expenses.

(b) The following deductions are not allowed:

(A) Cost of food and products purchased for personal use;

(B) Personal rent and utilities;

(C) Benefits paid to non-employees, (other than to any spouse, domestic partner, or to a relative by blood or marriage) including health insurance, life insurance, long term care insurance and retirement benefit costs;

(D) Personal tax obligations;

(E) Personal insurance, including liability, home owners and automobile insurance;

(F) Personal legal costs;

(G) Personal accounting and banking expenses;

(H) Personal travel expenses, for non-business-related travel;

(4) USE OF SET-ASIDE - Set aside dollars will be spent in accordance with Section 2 of HB 3253:

(5) REPORTING - By the 20th day of each calendar month, the vending facility manager shall provide to the Commission the following information for assigned vending facility:

(a) Total sales.

(b) Total cost of goods sold.

(d) Total allowable expenses paid for employee wages;

(e) Total allowable expense paid for employee benefits;

(f) Total paid for payroll taxes and business taxes;

(g) Total paid for licenses and permits to operate the vending facility;

(h) Total paid for liability, fire, property damage and workers’ compensation insurance;

(i) Total paid for janitorial services;

(j) Total paid for business consultant services;

(k) Total allowable expense paid for legal fees.

(l) Total paid for bookkeeping and accounting services;

(m) Total paid for vending facility equipment repairs;

(n) Total allowable expense paid for equipment rented or leased;

(o) Total allowable expenses paid for vending facility related automobile mileage or expenses;

(p) Total paid for office supplies;

(q) Total allowable expenses paid for miscellaneous business expenses. Each expense must be itemized.

(6) RECORDKEEPING, FINANCIAL REPORTING AND SET-ASIDE PAYMENTS - The vending facility manager shall:

(a) Maintain and furnish to the Commission reports as required;

(b) Submit set aside reports on a Commission approved form, including required supporting documentation, inventory data and the payment of set-aside fees;

(7) RETENTION - Vending facility managers shall retain the monthly information and all documentation of sales, revenues, commissions, costs and expenses sent to the Commission for a period of three (3) calendar years.

History

Statutory/Other Authority: HB3253 & ORS 183.341
Statutes/Other Implemented: ORS 346.510-346.570
CFTB 1-2021, amend filed 02/18/2021, effective 02/19/2021
CFTB 1-2020, temporary amend filed 12/10/2020, effective 12/14/2020 through 06/09/2021
CFTB 4-2017, adopt filed 12/21/2017, effective 12/21/2017
CFTB 2-2017, temporary adopt filed 11/03/2017, effective 11/03/2017 through 05/01/2018

Or. Admin. R. 585-015-0025 Responsibilities

(1) DIRECTOR – The Director and the Business Enterprise Program staff are responsible for planning, directing and supervising the Business Enterprise Program, in accordance with 34 CFR part 395 and ORS 346.510-570. This includes:

(a) Working with the Business Enterprise Consumer Committee, in accordance with 34 CFR 395.14(b)1-5 and ORS 346.510-570;

(b) Developing and implementing rules, regulations, policies and procedures;

(d) Monitoring compliance with state and federal law;

(e) Conducting strategic planning with the Business Enterprise Consumer Committee;

(f) Developing and monitoring the Business Enterprise Program budget;

(g) Coordinating the training program for trainees and licensees;

(h) Coordinating with the Business Enterprise Consumer Committee in planning annual post licensure training meetings;

(i) Surveying potential new vending facilities;

(j) Establishing new vending facilities;

(k) Establishing and maintaining equipment inventory control;

(l) Selecting vending facility managers for operation of vending facilities;

(m) Reviewing and documenting operation of vending facilities through on-site visits;

(n) Advising vending facility managers of deficient areas and assisting the vending facility manager in developing performance improvement plans;

(o) Coordinating the transfer and promotion of licensees and vending facility managers;

(p) Advising vending facility managers as needed on merchandising, inventory control, reporting, and all related business functions;

(q) Coordinating and supervising the transfer of vending facility inventory;

(r) Recommending initial inventory purchases to the vending facility manager’s vocational rehabilitation counselor;

(s) Performing inventory of Business Enterprise Program equipment;

(t) Communicating with building managers;

(u) Ensuring building managers are provided a copy of the assigned vending facility manager’s operating agreement;

(v) Conducting audits of vending facilities and vending facility managers;

(w) Ensuring for the continued operation of vending facilities;

(x) Responding to written requests and recommendations from the Business Enterprise Consumer Committee within 30 days;

(y) Undertaking any additional acts or duties described in these rules as the responsibility of the Commission.

(2) EQUIPMENT AND INVENTORY – The Commission shall supply a vending facility manager of a new vending facility the equipment and initial inventory of merchandise necessary to begin business in the vending facility;

(a) The right, title to, and interest in the equipment of each vending facility and the initial inventory will be vested in the Commission. The right, title to, and interest in the Initial inventory shall be transferred to vending facility manager only after the vending facility manager has reimbursed the Commission the total cost of the initial inventory;

(b) The vending facility manager may reimburse the Commission the total cost of the initial inventory in one payment, or via a monthly repayment plan of no more than 20 months.

(c) The need for any additional equipment for an established vending facility is determined by the Director in consultation with the assigned vending facility manager;

(d) When the vending facility manager surrenders a vending facility, whether through transfer, resignation or retirement, or termination, the vending facility manager shall turn over all Commission-owned equipment and inventory. The Commission shall return any monies owed, such as initial inventory retained by the Commission, to the vending facility manager, minus set-aside payments or other payments due to the Commission, within 30 days.

(3) MAINTENANCE, REPAIR AND REPLACEMENT OF EQUIPMENT – The Commission shall:

(a) Maintain, or cause to be maintained, all vending facility equipment, owned by the Commission, in good repair and attractive condition;

(b) Not be responsible or liable for repair, maintenance or any other cost or damages directly or indirectly associated with any use of equipment not owned by the Commission;

(c) Not be responsible or liable for repair of equipment intentionally or recklessly damaged by vending facility managers.

(4) ACCESS TO PROGRAM AND FINANCIAL INFORMATION – The Commission shall:

(a) Provide to each licensee or vending facility manager access to program and financial data relevant to the operation of the Business Enterprise Program, including quarterly and annual financial reports, to the extent that such disclosure does not violate applicable Federal and state laws pertaining to disclosure of confidential information.

(b) Provide financial data in an accessible format;

(c) At the request of a licensee or vending facility manager, arrange a convenient time to assist in the interpretation of such data.

(5) EXPLANATION OF RIGHTS AND RESPONSIBILITIES TO VENDING FACILITY MANAGERS – The Commission shall make available to all vending facility managers the following:

(a) Documents relevant to the operation of the vending facility manager’s assigned vending facility, to include the current vending facility agreement or permit for the operation of the vending facility;

(b) Business Enterprise rules and regulations as posted on the Commission’s website, which includes the right to due process.

(c) The Business Enterprise Program shall not discriminate in any way in any of its operations and administration on the basis of sex, age, physical or mental impairment, creed, color, national origin, or political affiliation.

(6) EMERGENCY REMOVAL FROM VENDING FACILITY – The Commission shall remove a vending facility manager from a vending facility if there is evidence of a hazardous situation involving the vending facility manager which poses an immediate threat to the safety of the vending facility manager or others. This removal may be immediate if the circumstances require. Within at least twenty-four (24) hours of the removal, the Commission shall contact the Chair of the BECC and inform them of the action. Within ten (10) working days, the vending facility manager may request a full evidentiary hearing if the vending facility manager disagrees with the emergency removal. In the event of a vending facility manager’s removal under paragraph (1) of this subsection, the Commission must, within ten (10) working days, do one of the following:

(a) Return the vending facility manager to the vending facility;

(b) Mandate re-training;

(d) Initiate disciplinary action against the vending facility manager.

(7) VENDING FACILITY MANAGER RESPONSIBILITIES

(a) Assigned Vending Facility–The vending facility manager shall operate their assigned vending facility in accordance with ORS 346.510-570, including:

(A) The Business Enterprise Program’s rules and policies related to the operation of a vending facility

(B) The terms and conditions of the vending facility agreement or permit;

(D) State and Federal laws and regulations applicable to the operation of a vending facility.

(E) The vending facility manager shall not discriminate in any way in the operation of the vending facility on the basis of race, sex, age, physical or mental impairment, creed, color, national origin, or political affiliation. In addition, the vending facility manager shall not discriminate in any way on the basis of race, color, religion, sex, sexual orientation, national origin, marital status, age, disability or familial status. ORS 659A.006

(b) MANAGEMENT AND OPERATION OF THE VENDING FACILITY

(A) General responsibilities – The vending facility manager:

(i) Shall provide to the Director, upon request, any relevant documents and records of such activities required for conducting a review of the vending facility manager and or the vending facility manager’s vending facility;

(ii) Shall maintain a professional standard for personal appearance, grooming, and conduct, implemented consistent with nondiscrimination laws and health and safety regulations;

(iii) Shall notify the Commission of scheduled or unscheduled leave, exceeding 10 business days;

(iv) Shall provide customer services in a polite and courteous manner and present a positive, professional image of the Commission;

(v) Shall address customer complaints promptly;

(vi) Shall conduct all relations with property management in a positive and constructive manner;

(vii) Shall pay all set aside monies due.

(B) Vending facility agreement or permit responsibilities – The vending facility manager:

(i) Shall operate the vending facility for business on the days and during the hours specified in the permit or vending facility agreement;

(ii) Shall be solely responsible for all credit account and debt relating to the operation of the vending facility;

(iii) Shall establish a refund policy for each vending facility and communicate the policy to the vending facility manager’s customers.

(iv) Shall provide for continued operation of the vending facility in the vending facility manager’s absence;

(v) Shall employ a sufficient number of persons to ensure the proper and satisfactory operation of the vending facility;

(vi) Shall provide and document training for all of their employees;

(vii) Shall provide supervision for all of their employees;

(viii) Shall ensure that all employees maintain a professional appearance at all times, implemented consistent with nondiscrimination laws and health and safety regulations;

(ix) Shall ensure that vending facility manager and all employees are properly uniformed, if required by the vending facility agreement or permit, and implemented consistent with nondiscrimination laws and health and safety regulations;

(x) Shall ensure their employees adhere to all applicable laws, Business Enterprise rules and the vending facility agreement or permit terms;

(xi) Shall obtain and pay for any applicable permits and licenses required to operate the vending facility;

(xii) Shall establish prices that are consistent with local market costs;

(xiii) Shall sell only those articles specified in the permit or vending facility agreement and approved by building management and the Commission, subject to local market availability.

(A) Obtain and maintain insurance of the type and with the limits specified in the permit or vending facility agreement;

(B) Maintain general liability and product liability insurance with limits of not less than $1,000,000 aggregate, if the permit or vending facility agreement does not specify insurance requirements;

(D) Maintain commercial liability insurance on any vehicles, if the vehicles are part of the vending facility;

(E) Name the vending facility manager and the Commission as co-insured, on all required insurance policies, excluding worker’s compensation insurance;

(F) Ensure that their insurance provider gives the Commission 30-day notice before cancellation;

(G) Obtain and file annually with the Commission certificates of insurance indicating that any required insurance coverage is in force;

(H) Report to the Commission any incident at a vending facility that may lead to a claim or suit against the vending facility manager as soon as possible after the manager becomes aware of it.

(d) EQUIPMENT AND INVENTORY – The vending facility manager shall:

(A) Maintain all equipment assigned to the vending facility in good condition;

(B) Ensure that merchandise is fresh, in sufficient variety, and attractively and neatly displayed;

(C) Stock the vending facility with products of sufficient variety and quantity to meet the needs of the vending facility’s customers;

(D) Upon termination of the operating agreement, surrender all Commission-owned equipment in clean and good working order.

(E) A Vending facility manager newly assigned to a vending facility shall pay back to the Commission the amount of the initial inventory plus change fund beginning six (6) months after taking over the facility, at a rate of 5% of initial balance per month.

(F) Vending facility managers transferred from another vending facility will begin payment immediately at the 5% rate.

(e) PURCHASE OF EQUIPMENT – The Rules concerning “Purchase of Equipment” apply only to vending facility manager’s purchases of equipment for their vending facility.

(A) The right, title to and interest in the equipment purchased by the Commission to establish a vending facility is vested solely in the Commission.

(B) A vending facility manager may purchase equipment with the vending facility manager’s own funds. The vending facility manager may receive a credit for the cost of these purchases from the monthly set aside report only with Director’s prior written approval. The Commission and the vending facility manager shall enter into a written agreement to provide the terms for a credit of the equipment cost on their monthly set aside report. If the vending facility manager chooses to receive the credit of the equipment costs on their monthly set aside report, the right, title and interest in the equipment would then become vested in the Commission.

(C) Example of equipment credit, the vending facility manager purchases a $1,000 piece of equipment with own funds, cost is then amortized over 10 months, $100 per month credit toward set aside owed, an example month of calculated set aside owed is $400, $100 credit applied to amount of set aside owed equals $300 set aside payment.

(f) EQUIPMENT REPAIR – The vending facility manager:

(A) Shall pay the full repair cost, if the Commission determines a needed repair is caused by the vending facility manager’s neglect or misuse;

(B) Shall obtain prior written approval from Commission staff for any repair that costs more than one hundred dollars ($100);

(C) May obtain prior verbal approval by Commission staff followed by written approval if prior written approval is not practicable, or if an emergency situation exists. An “emergency” is defined as a situation that could cause loss of resale inventory, bodily harm to vending facility employees or customers, loss of the vending facility, or a harmful effect on the environment.

(D) Shall pay for all equipment repairs for equipment not owned by the Commission.

History

Statutory/Other Authority: ORS 183.341 & HB3253
Statutes/Other Implemented: ORS 346.510-346.570 & 34 CFR part 395
CFTB 1-2021, amend filed 02/18/2021, effective 02/19/2021
CFTB 1-2020, temporary amend filed 12/10/2020, effective 12/14/2020 through 06/09/2021
CFTB 4-2017, adopt filed 12/21/2017, effective 12/21/2017
CFTB 2-2017, temporary adopt filed 11/03/2017, effective 11/03/2017 through 05/01/2018

Or. Admin. R. 585-015-0030 Business Enterprise Consumer Committee

(1) COMPOSITION — The Business Enterprise Consumer Committee shall be composed of one chairperson and five members, all of whom must be vending facility managers;

(a) The chairperson and Business Enterprise Consumer Committee members shall all be voting members of the Business Enterprise Consumer Committee;

(b) The chairperson and Business Enterprise Consumer Committee members shall all hold two year terms of office, beginning immediately after they are elected;

(c) The Business Enterprise Consumer Committee shall be representative, to the extent possible, of vending facility managers within the Business Enterprise Program on the basis of factors such as geography and vending facility type and, as a goal, proportional representation of vending facility managers on federal and public property.

(2) ELECTIONS — Nominations shall be held at the Business Enterprise Consumer Committee meeting prior to the October Business Enterprise Consumer Committee meeting;

(a) The Commission shall conduct annual elections at the October Business Enterprise Consumer Committee meeting;

(b) All vending facility managers and licensees shall be eligible to vote;

(c) Participation by any vending facility manager or licensee in any election may not be conditional upon the payment of dues or any other fees;

(d) Licensees or vending facility managers, who cannot attend the October Business Enterprise Consumer Committee meeting, may vote by emailing their vote to the Director no later than twenty-four (24) hours prior to election, or less if there are extenuating circumstances;

(e) In the event of a tie vote, the nominated vending facility managers who are tied will each have another chance to speak to the vending facility managers or licensees who are present at the meeting, afterwards another vote will be taken. This process will continue until the tie is broken;

(f) Vending facility managers or licensees who voted via email, and who are not attending in person or via teleconference, shall not cast further votes in the event of a tie vote.

(3) VACANCIES — The Chairperson or Business Enterprise Consumer Committee members may voluntarily vacate their office by submitting written notice to the Business Enterprise Consumer Committee and Director.

(a) In the event of a vacancy of the office of chairperson, the Commission shall hold a special election within 30 days. All vending facility managers and licensees shall be eligible to vote. Voting may be by US mail or email, submitted to the Director.

(b) In the event of a vacancy of any other Business Enterprise Consumer Committee member, the Business Enterprise Consumer Committee shall appoint another vending facility manager to fulfill the remainder of the term. Preference shall be given to a vending facility manager from the represented area.

(4) MEETINGS — The Business Enterprise Consumer Committee shall:

(a) Meet every even calendar month, beginning in February;

(b) Meet in a special meeting if needed, as determined by the chairperson and director, or by a majority of the Business Enterprise Consumer Committee by request to the chair and director;

(d) Vote as committee members only when in attendance at the meeting. Proxy or absentee voting is not allowed.

(5) BY-LAWS — The Business Enterprise Consumer Committee shall adopt by-laws as approved by a majority vote of all vending facility managers and licensees to determine policies and procedures for the governance of the Business Enterprise Consumer Committee.

(6) ACTIVE PARTICIPATION — The Commission for the Blind shall ensure the active participation of the Commission’s Business Enterprise Consumer Committee in the Commission’s major administrative, policy and program development decisions that impact the overall administration of the Commission’s Business Enterprise Program.

(a) Active Participation includes, but is not limited to:

(A) Setting out the method of determining the set aside charges to be levied against the net proceeds of the vending facility managers;

(B) Development of Business Enterprise Program rules, policies, and standards;

(D) Development of criteria for the establishment of new vending facilities;

(E) Development of selection criteria for Business Enterprise staff recruitment;

(F) Development of training and retraining programs for vending facility managers and licensees;

(G) Development and administration of a system for the transfer and promotion of vending facility managers and licensees;

(H) Sponsoring and planning, with the assistance of the Commission, meetings and post licensure trainings for vending facility managers and licensees.

(b) As part of Active Participation, the Commission shall provide any program relevant information to the BECC when a particular matter is subject to Active Participation. This may include written or verbal program relevant information. It shall be provided, to the extent possible, in advance of any BECC meeting where the subject is on the agenda.

(c) On a quarterly basis, the Commission will provide to the BECC a financial report in sufficient detail, for the BECC to review. This report shall include listing of all revenues by source (Set Aside, Vending Income Federal, Vending Income State and Other, and Other) as well as expenditure by categories. Upon request, more detail shall be provided to the BECC. The Commission shall provide the BECC with a copy of the RSA-15 Report no later than January 15 for the prior federal fiscal year ending September 30th.

(d) If there is a matter or matters about which the Commission seeks the active participation of the BECC, notice of the request shall be provided to the members of the BECC at least ten (10) working days prior to any meeting where a vote may need to be taken. At the same time, the Commission shall provide any necessary background and reasons for the action, including any recommendations.

(e) When the Business Enterprise Consumer Committee submits officially approved requests and recommendations to the Director in writing, the Director shall provide a written response, including the reasons for the decision reached or the action taken, within 30 days of receipt of the request. The response shall explain why the decision is in the best interest of the Business Enterprise Program.

(f) The Commission bears final authority and responsibility for the administration and operation of the vending facilities program.

(7) GRIEVANCES — If the licensee or vending facility manager chooses to submit a written grievance to the Business Enterprise Consumer Committee, the Business Enterprise Consumer Committee shall transmit it to the Commission. The Business Enterprise Consumer Committee, at the request of the vending facility manager shall serve as advocates for the licensee or vending facility manager.

History

Statutory/Other Authority: HB 3253 (2017)
Statutes/Other Implemented: ORS 346.510 to 346.570
CFTB 3-2017, adopt filed 12/20/2017, effective 12/21/2017

Or. Admin. R. 585-015-0035 Dispute Resolution

(1) Dispute Resolution Process – The dispute resolution process is a formal complaint process that should be utilized when a vending facility manager, or licensee, is unable to informally resolve their concerns. Multi-party complaints are prohibited. The Director will attempt to resolve vending facility manager, or licensee, concerns at the lowest possible level. Complaints filed by a VFM, or licensee, must be concerning any Business Enterprise Program action arising from the operation or administration of the program.

(a) Step 1, filing of a complaint: Except for the actions described in Paragraph (3)(a)(B) below (intent to remove licensure), any vending facility manager or licensee filling a complaint must file their complaint in writing, using the Commission approved form;

(b) Step 2, documenting the complaint: The complainant shall provide sufficient detail to fully explain the concerns regarding actions arising from the operation or administration of the Business Enterprise Program. The complainant shall file the complaint no later than 60 days after the action giving rise to the complaint or within 60 days of the date the complainant knew or should reasonably have known of the action;

(A) Option 1, the complainant may request an informal administrative review, as outlined in the Administrative Review Process section or;

(B) Option 2, the complainant may request a full evidentiary hearing. If the complainant selects this option, the agency will send a hearing request, the completed complaint form and any other evidence presented to the Oregon Office of Administrative Hearings (OAH), within 45 days. OAH will conduct the full evidentiary hearing.

(d) Step 4, submitting the complaint: The complainant must submit their complaint to the Director and indicate their choice of process.

(2) Administrative Review Process

(a) The Executive Director shall schedule the administrative review in consultation with the complainant and notify the complainant in writing of the date, time and location for the administrative review;

(b) The Executive Director shall hold the administrative review within a reasonable time of the complainant’s request, taking into consideration the length and complexity of the complaint;

(c) The administrative review is informal and is conducted at the direction of the Executive Director or the Executive Director’s designee. The complainant will have an opportunity to ask questions and discuss the details of the complaint;

(d) The complainant shall advise the Executive Director if they intend to have advocates or legal counsel attend with them;

(e) The Executive Director shall issue a written decision on the complaint within 60 days of completing the administrative review;

(f) The complainant may request a full evidentiary hearing if the complainant is dissatisfied with the administrative review decision by filing a written request for a hearing with the Executive Director within 30 (thirty) days after issuance of the administrative review decision.

(3) Full Evidentiary Hearing

(a) A Complainant may request a full evidentiary hearing in response to:

(A) Any Business Enterprise Program actions arising from the operation or administration of the program;

(B) A notice of intent to terminate the licensee’s or vending facility manager’s license; or

(b) Requests for full evidentiary hearings shall:

(A) Be submitted in writing to the Executive Director within 30 (thirty) days after the date the Executive Director issues an administrative review decision, if that is the chosen process;

(B) Be submitted in writing to the Executive Director within 60 (sixty) days for vending facility managers from another state who have received a notice denying licensure;

(C) The complainant shall file the complaint and request for an OAH full and fair evidentiary hearing no later than 60 days after the action giving rise to the complaint or within 60 days of the date the complainant knew or should reasonably have known of the action.

(c) The Executive Director shall refer a request for a full evidentiary hearing and the grievance as presented by the complainant to the OAH, within 45 days.

(d) A full evidentiary hearing is conducted as a contested case hearing before an independent administrative law judge under the procedures set forth in ORS 183.411 to 183.497.

(e) The administrative law judge issues a proposed final order in all Commission matters, except when a licensee has withdrawn their complaint, or failed to show up for the scheduled hearing. If the licensee defaults, the administrative law judge may issue a final order.

(f) If the licensee is dissatisfied with the results of the hearing, they may request the convening of an arbitration panel as provided for in 34 CFR 395.13.

(4) Arbitration - A complainant may file a request for arbitration with the Secretary of Education as authorized by Section 107 (d)1 of the Randolph‑Sheppard Act, and 34 CFR 395.13 of the regulations issued pursuant to the Act.

History

Statutory/Other Authority: HB 3253 (2017)
Statutes/Other Implemented: ORS 183.411 to 183.497 & ORS 346.510 to 346.570
CFTB 1-2021, amend filed 02/18/2021, effective 02/19/2021
CFTB 1-2020, temporary amend filed 12/10/2020, effective 12/14/2020 through 06/09/2021
CFTB 3-2017, adopt filed 12/20/2017, effective 12/21/2017

Or. Admin. R. 585-015-0040 Vending Machine Income from Federal Property

(1) Vending machine income from federal property which is retained by a State Licensing Agency shall be used by such agency for the establishment and maintenance of retirement or pension plans, for health insurance contributions, and for the provision of paid sick leave and vacation time for blind vendors in such State, if it is so determined by a majority vote of blind vendors licensed by the State licensing agency, after such agency has provided to each such vendor information on all matters relevant to such purposes. Any vending machine income not necessary for such purposes shall be used by the State licensing agency for the maintenance and replacement of equipment, the purchase of new equipment, management services, and assuring a fair minimum return to vendors. Any assessment charged to blind vendors by a State licensing agency shall be reduced pro rata in an amount equal to the total of such remaining vending machine income.

(2) In the event the Agency receives income from vending machines on federal property which may or may not be in direct competition with a licensed manager, the Agency will be guided by 34 CFR § 395.32 in distributing any such funds to a licensed manager. Any funds not distributed to a licensed manager shall be used by the Agency in accordance with 34 CFR § 395.8 to pay for the managers’ benefits package.

(3) VENDING MACHINE INCOME FROM STATE AND OTHER PROPERTY - In the event the Commission collects and retains vending machine income from state and other properties that is not in direct competition with a vending facility manager, the funds shall be expended as described in OAR 346.

History

Statutes/Other Implemented: 34 CFR § 395 & ORS 346.510 to 346.570
CFTB 3-2017, adopt filed 12/20/2017, effective 12/21/2017

Or. Admin. R. 585-015-0045 Statement of Full-Time Employment

(1) Full-time employment for a vending facility manager is considered to be an average minimum of thirty (30) hours per week as represented by a vending facility manager fulfilling the following responsibilities:

(a) Ensuring that the facility is operated according to permit or contract;

(b) Daily contact with and supervision of scheduled employees;

(d) Weekly contact with subcontractors;

(e) Weekly contact with teaming partners;

(f) Preparing and reporting paperwork;

(g) Inventory control and purchasing;

(h) Sales and profit and loss reviews;

(i) Site visits to inspect vending facility for quality, cleanliness, and proper function of equipment;

(j) Travel;

(k) Stocking and servicing vending machines;

(l) Cash management;

(m) Maintaining auxiliary equipment necessary for the operation of a vending facility;

(n) Upward mobility training in which the vending facility manager participates;

(o) Training of employees;

(p) Promoting, advertising, and marketing;

(q) Contact with the building manager and related committees; and

(r) Contact with Agency staff and others.

(2) A vending facility manager is not expected to perform every responsibility every week. This section does not preclude a vending facility manager from taking vacations or being absent from the facility due to medical reasons or other documented reasons as approved by the Director. It is a responsibility of the vending facility manager to ensure the continued operation of the facility during these times. The Commission, with the active participation of the Business Enterprise Consumer Committee, shall develop a weekly log whereby the vending facility manager will document the above activities. This log is to be submitted to the Director on a monthly basis.

(3) It is the intent of the Commission to provide full-time employment opportunities for vending facility managers. If a vending facility manager is unable to meet the average minimum of 30 hours per week by performing all of the responsibilities outlined in this section, the Commission will assist the vending facility manager in finding more full-time employment opportunities.

History

Statutory/Other Authority: 183.341 & HB3253
Statutes/Other Implemented: 346.510-346.570
CFTB 4-2017, adopt filed 12/21/2017, effective 12/21/2017
CFTB 2-2017, temporary adopt filed 11/03/2017, effective 11/03/2017 through 05/01/2018

Or. Admin. R. 585-015-0050 Subcontracting

(1) CRITERIA FOR APPROVAL - It is the intent of the Commission to fully support vending facility managers in their direct operation of their assigned vending facilities, and in compliance with the Statement of Full-Time Employment. In the following limited circumstances, the Commission may provide written approval for a vending facility manger to enter into an agreement with an approved subcontractor.

(a) A vending facility manager must meet the following criteria before the Commission will consider approval of an agreement between a vending facility manager and an approved subcontractor:

(A) The vending facility manager meets minimum requirements of OAR 585-015-0045 vending facility manager statement of full-time employment; and

(B) The vending facility manager does not subcontract any of the duties in OAR 585-015-0045 statement of full-time employment, excluding OAR 585-015-0045 item (1)(k), stocking and servicing vending machines.

(b) Additionally, the Commission shall also consider the following when determining whether to approve an agreement between a vending facility manager and an approved subcontractor:

(A) Quality of service that the vending facility manager and subcontractor are able to provide;

(B) Any product storage requirements;

(2) ESTABLISHMENT OF A LIST OF APPROVED SUBCONTRACTORS - With written approval from the Commission, a vending facility manager may enter into an agreement with a subcontractor from the list of approved subcontractors. The Commission shall establish a list of approved subcontractors with which a vending facility manager may enter into an agreement. The Commission will ensure that when evaluating the qualifications of potential subcontractors that the following criteria are considered:

(a) Past experience;

(b) Ability to perform in the geographical areas desired;

(d) Commission rate;

(e) Availability of healthy and local products;

(f) Ability to repair equipment within the time frame specified in the permit/contract;

(g) Ability to replace equipment when needed in a timely manner;

(h) The availability of wholesale product in a geographic area that allows the greatest variety of product;

(i) If required by the permit/contract, the availability of fresh food items;

(j) The ability to offer healthy or local vending items;

(k) The availability of appropriate vehicles, including refrigeration if necessary, to transport products to the vending facilities;

(l) The ability to effectively service vending sites that are great distances apart, or require a long travel time;

(m) The ability to meet any other requirements unique to a vending facility; and

(n) The ability to provide the manpower to meet the demands of the facility, including an emergency situation.

(3) EXTENT OF SUBCONTRACTING ALLOWED - The subcontractor may provide for part of the following services within the vending facility manager’s assigned vending facility:

(a) Vending, to include provision, stocking, and maintaining vending machine equipment; and

(b) The operation of cafeterias.

(4) APPLICABLE OPERATING AGREEMENTS - This rule is inapplicable to operating agreements executed as of December 31, 2017. As of January 1, 2020, this rule is effective as to all operating agreements, regardless of when they were executed.

History

Statutory/Other Authority: ORS 183.341 & HB3253
Statutes/Other Implemented: ORS 346.510-346.570
CFTB 1-2021, amend filed 02/18/2021, effective 02/19/2021
CFTB 1-2020, temporary amend filed 12/10/2020, effective 12/14/2020 through 06/09/2021
CFTB 4-2017, adopt filed 12/21/2017, effective 12/21/2017
CFTB 2-2017, temporary adopt filed 11/03/2017, effective 11/03/2017 through 05/01/2018

Or. Admin. R. 585-015-0055 Fair Minimum Return

(1) The Fair Minimum Return policy is established to ensure that all vending facility managers earn at least a minimum amount of annual income.

(2) The fair minimum return yearly income rate will be established annually, with the active participation of the BECC. To be determined eligible for the fair minimum return, a vending facility manager must:

(a) Earn less than the fair minimum return rate of annual net proceeds for cafeterias, snack bars, convenience stores and self-operated vending routes; or

(b) Earn less than the fair minimum return rate of gross income for sub-contracted facilities.

Eligible vending facility managers qualify for the fair minimum return when the following criteria are met:

(c) The vending facility manager meets the minimum requirements of OAR 585-015-0045, vending facility manager statement of full-time employment;

(d) Cafeterias, snack bars, espresso carts for which the vending facility manager has operating agreements have net earnings below the annual fair minimum return amount and have a yearly average profit percentage of at least 15%;

(e) Subcontracted vending routes that have gross earnings below the annual fair minimum return level, and an annual average profit percentage of 25%;

(f) Self-operated vending routes that have net earnings below the annual fair minimum return level and an annual average profit percentage of at least 20%;

(g) Any additional income received, not discussed above, from sub-contracting, or teaming partners, would be added to the vending facility manager’s annual earnings at the total gross amount received, when calculating the vending facility manager’s annual average income; and

(h) The vending facility manager owes no past due set-aside, has submitted all required monthly set-aside reports and has a fully executed operating agreement.

(3) Distribution and availability of funds - Fair minimum return payments will be issued annually, in February, after the December facility reports have been received and annual average profit percentage are calculated. This rule is subject to the availability of funds. If funds are not available, fair minimum return payments would not be made.

(4) This policy remains in effect through the 2019 calendar year.

History

Statutory/Other Authority: HB 3253 (2017)
Statutes/Other Implemented: ORS 346.510 to 346.570
CFTB 3-2017, adopt filed 12/20/2017, effective 12/21/2017

Division 20 EQUIPMENT POLICY

Or. Admin. R. 585-020-0010 Definitions

The following definitions apply to these rules:

(1) "Client" means a person who has applied for and been accepted for services under the rules of Commission.

(2) “Counselor” means the client’s assigned vocational rehabilitation counselor who is a staff member of Commission.

(3) "Equipment" means an item that is determined necessary for the individual’s employment goal.

(4) "Commission" means the Oregon Commission for the Blind.

(5) “Training” means preparation needed to prepare, qualify, and reach an employment goal.

History

Statutory/Other Authority: ORS 346.150
Statutes/Other Implemented: ORS 346.110-300
CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021
CFTB 3-2009, f. & cert. ef. 8-7-09
CFTB 1-2005, f. & cert. ef. 2-11-05
2BC 1-1986, f. & ef. 4-11-86

Or. Admin. R. 585-020-0015 Conditions Under Which Equipment May Be Provided

(1) Vocational Training:

(a) A Commission staff member or the client’s counselor in consultation with the client will perform an analysis prior to purchase of any equipment to identify the most appropriate equipment needed to complete training to perform a job.

(b) Available equipment may be loaned or purchased for training.

(d) Commission will fund the costs associated with training the client in the use of equipment, if any.

(2) Employment:

(a) After the client has obtained a job offer, a Commission staff member will perform a job analysis prior to purchase of any equipment to help identify the most appropriate equipment needed to perform the job. The employer's technical support staff or an outside consultant may be used to make technical recommendations.

(b) Available equipment may be loaned to an employer for demonstration purposes, or for use by a client, until permanent equipment is purchased or repaired.

(c) The client’s counselor will assist the client to obtain appropriate training in the use of equipment prior to the client beginning a job or once the client is on the job.

History

Statutory/Other Authority: ORS 346.150 & ORS 346.180
Statutes/Other Implemented: ORS 346.180
CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021
CFTB 3-2009, f. & cert. ef. 8-7-09
2BC 1-1986, f. & ef. 4-11-86

Or. Admin. R. 585-020-0020 Financing Equipment

(1) Clients and their counselors will attempt to use all possible financial resources to pay for job-related equipment before seeking financial support from Commission. Potential resources may include:

(a) Employer purchases equipment;

(b) Client purchases equipment and lists it as a work-related expense under the Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) programs;

(2) Equipment that may be categorized as “rehabilitation technology,” as defined by the federal Rehabilitation Act, does not require the use of other resources. Commission will fund the purchase of basic rehabilitation technology. Although not required, other possible financial resources available to the client may be considered by the client in consultation with their counselor and utilized to purchase rehabilitation technology.

History

Statutory/Other Authority: ORS 346.150 & ORS 346.180
Statutes/Other Implemented: ORS 346.180
CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021
CFTB 3-2009, f. & cert. ef. 8-7-09
CFTB 1-2009, f. & cert. ef. 4-13-09
CFTB 1-2005, f. & cert. ef. 2-11-05
2BC 1-1986, f. & ef. 4-11-86

Or. Admin. R. 585-020-0025 Maintenance of Equipment

(1) Commission may issue equipment for use by clients and provide for its maintenance while Commission retains ownership of the equipment.

(2) If available, service or maintenance agreements may be considered when appropriate, depending on the job environment and other related factors. Counselors should look first to purchase equipment which has at least a one-year warranty.

(3) Whenever available, used equipment in Commission’s inventory will be issued to clients.

History

Statutory/Other Authority: ORS 346.150 & ORS 346.180
Statutes/Other Implemented: ORS 346.180
CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021
CFTB 3-2009, f. & cert. ef. 8-7-09
CFTB 1-2009, f. & cert. ef. 4-13-09
2BC 1-1986, f. & ef. 4-11-86

Or. Admin. R. 585-020-0030 Property Receipts and Transfer of Ownership

(1) Clients are required to sign property receipts for equipment provided to them with a cost of $5000 or more. Receipts verify that the client received the item and spell out the applicable conditions of these rules.

(2) When ownership of equipment and software are transferred to a client, the client is required to sign a transfer of ownership form. This verifies that equipment and software have been assigned to the client and spells out the applicable conditions of this policy.

History

Statutory/Other Authority: ORS 346.150 & ORS 346.180
Statutes/Other Implemented: ORS 346.180
CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021
CFTB 3-2009, f. & cert. ef. 8-7-09
CFTB 1-2009, f. & cert. ef. 4-13-09
2BC 1-1986, f. & ef. 4-11-86

Or. Admin. R. 585-020-0035 Responsibilities for Upgrading Equipment

The client or their employer will be responsible for upgrading any equipment. If upgrading equipment is necessary for the client to perform in their job and it is determined that the financial resources of the client or their employer are insufficient to fund the costs associated with upgrading equipment, Commission may provide financial support for upgrading equipment. Commission should be considered the payor of last resort.

History

Statutory/Other Authority: ORS 346.150 & ORS 346.180
Statutes/Other Implemented: ORS 346.180
CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021
CFTB 1-2005, f. & cert. ef. 2-11-05
2BC 1-1986, f. & ef. 4-11-86

Or. Admin. R. 585-020-0040 Maintaining Equipment

In cases where equipment is needed by a client or former client to maintain their job, the client’s counselor will request that the employer provide the equipment as they would for any other employee. If the employer is unwilling or unable to provide the total equipment necessary to perform the job, and the client is unable to fund the cost of the equipment, Commission may provide the adaptive equipment necessary to maintain employment, subject to client eligibility and availability of agency funds for such purchases.

History

Statutory/Other Authority: ORS 346.150 & ORS 346.180
Statutes/Other Implemented: ORS 346.180
CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021
CFTB 3-2009, f. & cert. ef. 8-7-09
CFTB 1-2009, f. & cert. ef. 4-13-09
2BC 1-1986, f. & ef. 4-11-86

Or. Admin. R. 585-020-0045 Changing Jobs

(1) If a client or former client changes from one job to another and needs additional or different equipment from the previous job to perform the new job, the counselor will assess the situation to determine whether such equipment will be provided by the Commission and to determine whether alternative options are available.

(2) If the job is in the same field and equipment used on the original job will suffice for the new job, the equipment may be transferred to the new job.

(3) If additional or different equipment is needed, the counselor must assess the reasons for the job change and the willingness of the new employer to provide equipment.

History

Statutory/Other Authority: ORS 346.150 & ORS 346.180
Statutes/Other Implemented: ORS 346.180
CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021
CFTB 3-2009, f. & cert. ef. 8-7-09
CFTB 1-2009, f. & cert. ef. 4-13-09
2BC 1-1986, f. & ef. 4-11-86

Or. Admin. R. 585-020-0050 Considerations for Purchase of Computers or Computer Equipment

(1) The agency will not buy the basic computer if it is a part of the job, which other employees at the same organization perform, unless it is impossible for the adaptive equipment to access already existing equipment. The employer is expected to provide the basic computer unit for an employee. The agency may provide adaptive equipment to make the computer accessible to the blind employee; i.e., hardware and software for large print, Braille, or voice output, if the employer is unable to provide this as a reasonable accommodation.

(2) Consultants with appropriate experience and expertise may be utilized to advise the client, agency, and employer in the best equipment for a particular application. Consultants would also be appropriately used to install a system and to train a client in the use of the equipment for a particular job.

(3) Computer equipment will not be purchased unless it is used as an essential function of the job. Computers will not be purchased for personal record keeping or to perform the minor functions of a job, where other, less expensive, equipment could accomplish the same task.

(4) Computers may be purchased for students provided that purchasing the equipment is not supplanting the responsibilities of the education system for transition students.

History

Statutory/Other Authority: ORS 346.150 & ORS 346.180
Statutes/Other Implemented: ORS 346.180
CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021
CFTB 3-2009, f. & cert. ef. 8-7-09
CFTB 3-1999, f. & cert. ef. 7-8-99
2BC 1-1986, f. & ef. 4-11-86

Or. Admin. R. 585-020-0060 Transfer of Equipment to Clients

(1) For equipment valued at $5000 or more, the counselor has the discretion of transferring ownership at successful closure of the client’s file or after at least one year of employment. This will be done after it is determined that the client is using the equipment for the purpose for which it was intended and that the job appears stable. Once ownership is transferred to the client, Commission will have no further obligation to repair or maintain the equipment.

(2) Commission may transfer items valued under $5,000 to clients at its discretion. This may be done only after determining that the client is using the equipment for the purpose for which it was intended.

(3) If the equipment is likely to be usable for other clients after the current client no longer requires it for employment, the counselor may determine that Commission will retain ownership. This determination will be made on an individual basis.

(4) Title for computer software will be transferred to clients at the time that they receive it.

(5) The client’s counselor may, subject to supervisor authorization, approve equipment to be purchased by Commission that is valued at $5000 or more, including all adaptive equipment to be used with the system. The counselor will identify an appropriate vendor for the equipment and authorize the purchase in accordance with state purchasing regulations.

(6) After ownership of the equipment has been transferred to the client, the client will be expected to continue appropriate maintenance, unless the client demonstrates that the cost of repairs would be prohibitive and that the job would be jeopardized if equipment were not repaired. The counselor will explain these restrictions to the client verbally and include the restrictions in the property receipt which the client signs.

History

Statutory/Other Authority: ORS 346.150 & ORS 346.180
Statutes/Other Implemented: ORS 346.180
CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021
CFTB 3-2009, f. & cert. ef. 8-7-09
CFTB 1-2009, f. & cert. ef. 4-13-09
CFTB 1-2005, f. & cert. ef. 2-11-05
2BC 1-1986, f. & ef. 4-11-86

Division 30 Dispute Resolution

Or. Admin. R. 585-030-0001 Dispute Resolution Procedure

(1) It is the intent of the Oregon Commission for the Blind to resolve disputes between the Commission and its clients quickly and fairly.

(2) Clients who are dissatisfied or disagree with a decision, action, or lack of action by the Commission that affects their vocational rehabilitation services or program shall have available dispute resolution options, including informal problem solving and formal mediation, prior to seeking an impartial fair hearing conducted by an Administrative Law Judge (ALJ) appointed by the Office of Administrative Hearings (OAH).

(3) The dispute resolution process is framed by the procedures provided under 29 U.S.C. § 722(c) and 34 C.F.R. § 361.57, relevant state statutes and regulations, the Oregon Administrative Procedures Act, the Attorney General’s Model Rules of Procedure for Contested Cases, and Commission’s administrative rules and policies.

History

Statutory/Other Authority: ORS 346.150, ORS 183.502 & ORS 183.341
Statutes/Other Implemented: ORS 183.502
CFTB 2-2021, adopt filed 02/23/2021, effective 02/24/2021

Or. Admin. R. 585-030-0010 Definitions

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

(2) “ALJ” means Administrative Law Judge.

(3) "Client" means an applicant or individual eligible to receive services through the Commission.

(4) “Collaborative dispute resolution” means alternative methods to resolving a dispute between a client and the Commission prior to a final order issued by an ALJ following an impartial fair hearing.

(5) “Counselor” means the client's assigned vocational rehabilitation counselor who is a staff member of the Commission.

(6) "Delay" means:

(a) Commission 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 an action and the Commission has unreasonably delayed in making that decision.

(7) "Good Cause" means due to unforeseen circumstances beyond the parties’ control, including, but not limited to, the client's extended illness that requires significant medical care or the illness or death of a family member.

(8) “Impartial Fair hearing” or “hearing” means a contested case hearing conducted by an ALJ to review an action taken by the Commission that affects a provision of a client’s vocational rehabilitation services.

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

(10) “Mediation communication” means:

(a) All communications that are made, in the course of or in connection with a mediation, to a mediator, a mediation program or a party to, or any other person present at, the mediation proceedings; and

(b) All memoranda, work products, documents and other materials, including any draft mediation agreement, that are prepared for or submitted in the course of or in connection with a mediation or by a mediator, a mediation program or a party to, or any other person present at, mediation proceedings.

(11) “Commission” means the Oregon Commission for the Blind.

(12) “OAH” means the Office of Administrative Hearings.

(13) “Party” means, for purposes of the dispute resolution process, Commission or the client.

(14) “Problem‐solving” means an informal process where the client discusses dissatisfaction with an action taken by Commission with the client’s counselor the counselor’s supervisor, or other assigned Commission employee. Problem‐solving occurs before a Notice of Action is issued and the client requests formal mediation or a fair hearing. The client must request mediation or a hearing in order to preserve the client’s appeal rights.

(15) “Representative” means an individual who represents the client in a 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.

History

Statutory/Other Authority: ORS 346.150, ORS 183.341 & ORS 183.502
Statutes/Other Implemented: ORS 346.110-346.270 & ORS 183
CFTB 2-2021, adopt filed 02/23/2021, effective 02/24/2021

Or. Admin. R. 585-030-0015 Informal Problem Solving and Referral to Client Assistance Program

(1) Before a written Notice of Action is provided to the client, the client may request to engage in informal problem‐solving with their vocational rehabilitation counselor to resolve a dispute regarding the client’s vocational rehabilitation services. For purposes of this rule, a dispute that may be resolved through the problem-solving process does not necessarily involve an action by Commission that entitles the client to mediation or hearing rights. Commission may include a supervisor or other assigned Commission employee in the meeting to resolve the issue.

(2) The client may have a representative or support person present during the problem-solving discussions. Commission shall inform the client that they may seek assistance from the Client Assistance Program of Disability Rights of Oregon or other advocate during the problem-solving process.

(3) Problem-solving is voluntary and both parties must agree to participate in the process. Commission 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 issuance of a Notice of Action by Commission or before the client requests mediation or a hearing. 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.

(5) If the client and Commission are unable to resolve the dispute during the problem-solving process, the client retains the right to pursue any other dispute resolution options available to the client under these rules, subject to applicable legal timeframes.

History

Statutory/Other Authority: ORS 346.150 & ORS 183.502
Statutes/Other Implemented: ORS 183.502
CFTB 2-2021, adopt filed 02/23/2021, effective 02/24/2021

Or. Admin. R. 585-030-0020 Notice of Action and Notice of Procedural Rights

(1) Commission shall provide the client with a written Notice of Action when it makes a decision to deny, terminate, or suspend a client’s eligibility or services.

(2) The Notice of Action must include the following:

(a) The date the notice is delivered to the client, if in person, otherwise the date the notice is mailed;

(b) The information provided in the Notice of Dispute Resolution Rights;

(c) A statement of the agency's authority and jurisdiction to have a hearing held on the matters asserted or charged, including reference to relevant state law and regulations and any applicable provisions under federal law as set out in 29 U.S.C. § 722 and 34 C.F.R. § 361.57;

(d) Either:

(A) A statement of the procedure and time to request a hearing, the agency address to which a hearing request should be sent, and a statement that if a request for hearing is not received by the agency within the time stated in the notice the person will have waived the right to a hearing; or

(B) A statement of the time and place of the hearing.

(e) A short and plain statement about the action Commission intends to take and the action effective date;

(f) Statement about the reason for the action, including citations to the statutes or rules involved;

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

(h) Statement regarding the right to stay the proceedings and assistance available to active duty service members; and

(i) Statement regarding the right to continuing benefits under federal law.

(3) Commission shall provide a written Notice of Procedural Rights to the client, or, the client’s representative, when the client requests a hearing.

(a) The Notice 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 Action.

(b) Commission’s failure to give notice of any of the items in ORS 183.413, unless notice of that item is also required by another applicable state or federal law, does not invalidate any determination or order of the ALJ 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 direct Commission as to what steps it shall take to remedy the prejudice to the rights of the complainant.

History

Statutory/Other Authority: ORS 346.150, ORS 183.341, ORS 183.413 & ORS 183.415
Statutes/Other Implemented: ORS 183.413 & ORS 183.415
CFTB 2-2021, adopt filed 02/23/2021, effective 02/24/2021

Or. Admin. R. 585-030-0025 Notice of Dispute Resolution Rights

(1) An applicant or a person eligible for vocational rehabilitation services under ORS 346 may, after receiving a Notice of Action, request review of an action taken by Commission that affects the provision of vocational rehabilitation services to the individual. The review shall consist of the right to formal mediation and/or the right to an impartial fair hearing.

(2) Commission shall provide a written Notice of Dispute Resolution Rights 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 individualized plan for employment (IPE) is developed; and

(3) The Notice of Dispute Resolution Rights shall include the following information:

(a) Statement about the continuum of dispute resolution processes available to the client, including problem‐solving, formal mediation, and an impartial fair 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 of Disability Rights of Oregon to assist the client with mediation or a hearing, including contact information; and

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

(4) Commission shall make mediation available, at a minimum, when an impartial fair hearing has been requested. Mediation shall be voluntary and shall be conducted consistently with the Attorney General’s Model Rules of Collaborative Dispute Resolution, and the provisions set forth in 29 U.S.C. §722(c) and 34 C.F.R. § 361.57.

(5) The fair hearing shall be an evidentiary hearing that is conducted before an ALJ in conformance with the provisions of the Attorney General’s Model Rules of Procedure for Contested Cases, and the provisions set forth in 29 U.S.C. §722(c) and 34 C.F.R. § 361.57.

(6) Any mediation or fair hearing proceeding will be held at a time and place convenient and accessible to the requesting individual. Each applicant for or recipient of vocational rehabilitation services will be provided information as to their rights to and procedures concerning mediation or a fair hearing.

[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the Commission for the Blind.]

History

Statutory/Other Authority: ORS 346.150, ORS 183.341 & ORS 183.502
Statutes/Other Implemented: ORS 183.341 & ORS 183.502
CFTB 2-2021, adopt filed 02/23/2021, effective 02/24/2021

Or. Admin. R. 585-030-0030 Request for Formal Mediation or Impartial Fair Hearing

(1) A client who is dissatisfied with an action taken by Commission that affects their rights to, or eligibility for vocational rehabilitation services, may, after receiving a Notice of Action, request to participate in collaborative dispute resolution as set forth in OAR 137-003-0565. Collaborative dispute resolution shall consist of formal mediation. A client may also request an impartial fair hearing.

(2) To be timely, a request for mediation or hearing shall be received by Commission’s Director of Rehabilitation Services within 60 calendar days following the date of the Notice of Action, except as otherwise provided in this rule.

(3) The client’s hearing request is also considered timely if Commission’s Director of Rehabilitation Services:

(a) Receives a timely request for mediation under section (2) of this rule; and

(b) Receives a completed request for hearing within 60 calendar days following the date of Commission’s written notice that it has either declined to participate in formal mediation or that the formal mediation process has ended.

(4) If the request for mediation or hearing is not timely under sections (2) or (3) of this rule, the client waives their right to a hearing, except as otherwise provided in this rule.

(a) 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 Commission’s Director of Rehabilitation Services requesting that Commission 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. Commission shall review this information and determine whether the client demonstrated that they had good cause for the untimely request.

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

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

(5) When Commission has issued a Notice of Action and the client fails to request mediation or a hearing within required timeframes, Commission’s Notice of Action is final and Commission shall issue no further order. Commission’s 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 Commission’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.

(6) After the client requests a hearing, Commission or the ALJ shall dismiss the request for hearing, and Commission 's Notice of 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 Commission’s or ALJ’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 Commission or ALJ that the client will not appear at the prehearing conference, hearing or other hearing-related proceeding.

(7) 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 ALJ finds that the client had good cause, the ALJ may not dismiss the request for hearing. In this case, the ALJ 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 ALJ shall schedule a hearing on the reasons for the client’s failure to appear.

(8) The client may withdraw a request for hearing at any time before the ALJ issues an order.

(a) If the request for hearing is withdrawn before the case is assigned to an ALJ, Commission shall issue the order dismissing the request for hearing.

(b) If the request for hearing is withdrawn after the case is assigned to an ALJ, the ALJ shall issue the order dismissing the request for hearing.

(9) The impartial fair hearing shall be held within 60 calendar days of the date Commission’s Director of Rehabilitation Services received the client’s timely request for formal mediation or hearing pursuant to 34 CFR § 361.57(e)(1), unless a formal mediation agreement is achieved prior to the 60th day or the parties agree to a specific extension of time.

(10) 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 Commission’s central office is closed, the deadline shall be extended until the next working day.

(b) All requests or other documents must be sent to Commission’s Director of Rehabilitation Services at Commission’s central office.

(11) Commission 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 346.150, ORS 183.341 & ORS 183.502
Statutes/Other Implemented: ORS 183.341 & ORS 183.502
CFTB 2-2021, adopt filed 02/23/2021, effective 02/24/2021

Or. Admin. R. 585-030-0035 Continuation of Services

Commission may not suspend, reduce, or terminate vocational rehabilitation services being provided to a client, including evaluation and assessment services and IPE development, pending problem-solving discussions, a resolution through formal mediation, or a decision by the ALJ, unless:

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

(2) Commission 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 346.150, ORS 183.341 & ORS 183.502
Statutes/Other Implemented: ORS 183.341 & ORS 183.502
CFTB 2-2021, adopt filed 02/23/2021, effective 02/24/2021

Or. Admin. R. 585-030-0040 Formal Mediation

(1) When Commission issues a Notice of Action, Commission and the affected client may agree to participate in formal mediation to resolve any issues relevant to the notice. Neither the party’s request, nor any agreement by Commission to participate in mediation extends the period for filing a timely request for an impartial fair hearing.

(2) Participation in the mediation process is voluntary. Both the client and the client’s counselor or Commission employee directly involved in the dispute must be willing to participate in the mediation process before Commission can schedule a formal mediation.

(a) If Commission declines to participate following a request for mediation, Commission shall provide written notice 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.

(b) If Commission agrees to participate in mediation, Commission may establish a deadline for the conclusion of the process.

(3) If Commission agrees to participate in mediation, the parties’ mediation communications will only remain confidential and/or inadmissible in any subsequent proceeding if the parties agree in writing that such communications are confidential and/or non-discoverable and inadmissible.

(4) If Commission has agreed to participate in mediation and the client makes a timely request for an impartial fair hearing:

(a) The hearing shall be suspended until mediation is completed, Commission or the client opts out of the mediation process, or the deadline, if any, conclusion of mediation is reached.

(b) Commission shall proceed to schedule the impartial fair hearing if mediation terminates without settlement of the contested case, unless the client withdraws the hearing request.

(5) Commission shall select a mediator who has indicated an interest or expertise in disability‐related issues, and who meets the requirements of a qualified and impartial mediator. Commission shall comply with all procurement and contracting rules provided by law.

(a) Upon receipt of a timely request for mediation from the client, Commission shall contact, on a rotating basis, a mediator who is geographically near Commission office of the client.

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

(6) The mediation shall occur between the client’s counselor or assigned Commission employee and the client. The parties may have a representative assist them in the mediation, including the Client Assistance Program.

(7) 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 that is developed by the parties with the assistance of 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 Commission and the client.

(8) If an agreement is not reached, Commission shall provide the client with written notice that the mediation process has ended and advise the client of their right to request an impartial fair hearing within the timeframes specified in OAR 585‐025‐0030, if a hearing request is not already pending.

(9) The costs of the mediation process must be paid by the Commission. Commission is not required to pay for any costs related to the representation of client, including attorney’s fees.

History

Statutory/Other Authority: ORS 346.150 & ORS 183.502
Statutes/Other Implemented: ORS 183.502
CFTB 2-2021, adopt filed 02/23/2021, effective 02/24/2021

Or. Admin. R. 585-030-0045 Confidentiality and Inadmissibility of Mediation Communications

Pursuant to ORS 36.224, Commission adopts by reference the Attorney General’s model rule on Mediation Confidentiality set forth in OAR 137-005-0052.

History

Statutory/Other Authority: ORS 346.150 & ORS 36.224(4)
Statutes/Other Implemented: ORS 36.224
CFTB 2-2021, adopt filed 02/23/2021, effective 02/24/2021

Or. Admin. R. 585-030-0050 Impartial Fair Hearing

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

(1) Commission shall refer a completed and timely request for impartial fair hearing, as described in OAR 585‐025‐0030, to OAH.

(2) The hearing shall be held at a time consistent with OAR 585‐025‐0030.

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

(4) Hearings shall be conducted in person, unless agreed to by the client and Commission.

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

(6) On reviewing the evidence presented, the ALJ shall:

(a) Issue a written decision based on relevant state and federal statutes and regulations, and Commission’s rules; and

(b) Provide the written decision to the client, or, as appropriate, the client’s representative, and to Commission.

(7) The ALJ shall have the authority to render a decision and require Commission take actions consistent with that decision regarding the client’s vocational rehabilitation services.

History

Statutory/Other Authority: ORS 346.150 & ORS 183.341
Statutes/Other Implemented: ORS 183.341
CFTB 2-2021, adopt filed 02/23/2021, effective 02/24/2021

Or. Admin. R. 585-030-0055 Payment of Legal Fees and Transportation Costs

History

Statutory/Other Authority: ORS 346.150
Statutes/Other Implemented: ORS 346.150
CFTB 2-2021, adopt filed 02/23/2021, effective 02/24/2021

OAR Chapter 585 — Commission for the Blind

Division 1 PROCEDURAL RULES

Or. Admin. R. 585-001-0000 Procedure for Notification of Proposed Action

Or. Admin. R. 585-001-0005 Rules of Practice and Procedure

Or. Admin. R. 585-001-0006 Payment of Legal Fees and Transportation Costs

Or. Admin. R. 585-001-0007 Definitions

Or. Admin. R. 585-001-0008 Request to Inspect or Obtain Copies of Public Records

Or. Admin. R. 585-001-0010 Violence-Free Workplace Policy

Or. Admin. R. 585-001-0011 Fees for Public Records and Other Services

Division 5 CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES

Or. Admin. R. 585-005-0015 Statement of Purpose and Statutory Authority

Or. Admin. R. 585-005-0020 Definitions

Or. Admin. R. 585-005-0030 Criminal Records Check Process

Or. Admin. R. 585-005-0035 Preliminary Fitness Determination

Or. Admin. R. 585-005-0040 Hiring or Appointing on a Preliminary Basis

Or. Admin. R. 585-005-0045 Final Fitness Determination

Or. Admin. R. 585-005-0050 Crimes Relevant to a Fitness Determination

Or. Admin. R. 585-005-0055 Incomplete Fitness Determination

Or. Admin. R. 585-005-0060 Appealing a Fitness Determination

Or. Admin. R. 585-005-0065 Recordkeeping and Confidentiality

Or. Admin. R. 585-005-0070 Authorized Designees

Or. Admin. R. 585-005-0075 Fees

Division 10 SERVICES FOR ELIGIBLE BLIND CLIENTS

Or. Admin. R. 585-010-0020 Definition of Blindness for Vocational Rehabilitation

Or. Admin. R. 585-010-0030 Disclosure and Use of Records Limited

Or. Admin. R. 585-010-0040 Financial Support for Attendance at Institution of Higher Education

Or. Admin. R. 585-010-0050 Policies for Funding Self-Employment Business Ventures

Division 15 BUSINESS ENTERPRISE PROGRAM RULES

Or. Admin. R. 585-015-0000 Introduction

Or. Admin. R. 585-015-0005 Definitions

Or. Admin. R. 585-015-0010 Licensing

Or. Admin. R. 585-015-0015 Vacancies

Or. Admin. R. 585-015-0020 Set-Aside Funds

Or. Admin. R. 585-015-0025 Responsibilities

Or. Admin. R. 585-015-0030 Business Enterprise Consumer Committee

Or. Admin. R. 585-015-0035 Dispute Resolution

Or. Admin. R. 585-015-0040 Vending Machine Income from Federal Property

Or. Admin. R. 585-015-0045 Statement of Full-Time Employment

Or. Admin. R. 585-015-0050 Subcontracting

Or. Admin. R. 585-015-0055 Fair Minimum Return

Division 20 EQUIPMENT POLICY

Or. Admin. R. 585-020-0010 Definitions

Or. Admin. R. 585-020-0015 Conditions Under Which Equipment May Be Provided

Or. Admin. R. 585-020-0020 Financing Equipment

Or. Admin. R. 585-020-0025 Maintenance of Equipment

Or. Admin. R. 585-020-0030 Property Receipts and Transfer of Ownership

Or. Admin. R. 585-020-0035 Responsibilities for Upgrading Equipment

Or. Admin. R. 585-020-0040 Maintaining Equipment

Or. Admin. R. 585-020-0045 Changing Jobs

Or. Admin. R. 585-020-0050 Considerations for Purchase of Computers or Computer Equipment

Or. Admin. R. 585-020-0060 Transfer of Equipment to Clients

Division 30 Dispute Resolution

Or. Admin. R. 585-030-0001 Dispute Resolution Procedure

Or. Admin. R. 585-030-0010 Definitions

Or. Admin. R. 585-030-0015 Informal Problem Solving and Referral to Client Assistance Program

Or. Admin. R. 585-030-0020 Notice of Action and Notice of Procedural Rights

Or. Admin. R. 585-030-0025 Notice of Dispute Resolution Rights

Or. Admin. R. 585-030-0030 Request for Formal Mediation or Impartial Fair Hearing

Or. Admin. R. 585-030-0035 Continuation of Services

Or. Admin. R. 585-030-0040 Formal Mediation

Or. Admin. R. 585-030-0045 Confidentiality and Inadmissibility of Mediation Communications

Or. Admin. R. 585-030-0050 Impartial Fair Hearing

Or. Admin. R. 585-030-0055 Payment of Legal Fees and Transportation Costs

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