Purpose for Adoption of Procedural Rules
Adoption provides for a standard procedure to be used in all matters relating to the Administrative Procedures Act, state statutes and administrative rules about vocational rehabilitation services, the federal Rehabilitation Act of 1973, as amended, the federal regulations implementing the Rehabilitation Act, and the State Plan.
Stat. Auth.: ORS 183.332 & ORS 344.530
Stats. Implemented: ORS 344.530
Hist.: VRD 25, f. & ef. 9-28-76; VRD 1-1990, f. & cert. ef. 11-26-90; VRD 2-1993, f. & cert. ef. 9-15-93; VRS 5-2004, f. & cert. ef. 8-5-04; VRS 4-2008(Temp), f. 12-18-08, cert. ef. 12-19-08 thru 6-16-09; VRS 2-2009, f. & cert. ef. 3-27-09
Department of Human Services, Vocational Rehabilitation Services, chapter 582, will comply with OAR 407-001-0000 and 407-001-0005 for Notices of rulemaking.
Stat. Auth.: ORS 344.530
Stats. Implemented: ORS 183.335, 183.341 & 344.530
Hist.: VRD 14, f. 10-30-73, ef. 11-25-73; VRD 25, f. & ef. 9-29-76; VRD 4-1978, f. 3-14-78, ef. 3-15-78; VRD 1-1980, f. & ef. 2-25-80; VRD 6-1981, f. & ef. 12-8-81; VRD 1-1990, f. & cert. ef. 11-26-90; VRD 2-1993, f. & cert. ef. 9-15-93; VRD 5-1997, f. & cert. ef. 11-21-97; VRS 5-2004, f. & cert. ef. 8-5-04; VRS 1-2006, f. & cert. ef. 5-11-06; VRS 4-2008(Temp), f. 12-18-08, cert. ef. 12-19-08 thru 6-16-09; VRS 2-2009, f. & cert. ef. 3-27-09
Definitions for Chapter 582
The following definitions apply to each division in chapter 582 of the Oregon Administrative Rules unless otherwise indicated:
(1) "Act" refers to the federal Rehabilitation Act of 1973, as amended (29 U.S.C. 701 et seq.).
(2) "Assistant Director" refers to the Assistant Director of the Office of Vocational Rehabilitation Services.
(3) "Applicant" refers to an individual who submits an application for vocational rehabilitation services in accordance with 34 CFR 361.41(b)(2).
(4) "Assessment for determining eligibility and vocational rehabilitation needs" refers to, as appropriate in each case:
(a) A review of existing data to determine if an individual is eligible for vocational rehabilitation services; and to assign priority for an order of selection if in effect; and
(b) To the extent necessary, the provision of appropriate assessment activities to obtain necessary additional data to make the eligibility determination and priority assignment;
(c) To the extent additional data are necessary to make a determination of the employment outcomes and the nature and scope of vocational rehabilitation services to be included in the individualized plan for employment of an eligible individual, a comprehensive assessment to determine the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, including the need for supported employment, of the eligible individual. This comprehensive assessment:
(A) Is limited to information that is necessary to identify the rehabilitation needs of the individual and to develop the individualized plan for employment of the eligible individual;
(B) Uses as a primary source of information, to the maximum extent possible and appropriate and in accordance with confidentiality requirements: Existing information obtained for the purposes of determining the eligibility of the individual and assigning priority for an order of selection for the individual; and Information that can be provided by the individual and, if appropriate, by the family of the individual;
(C) May include, to the degree needed to make such a determination, an assessment of the personality, interests, interpersonal skills, intelligence and related functional capacities, educational achievements, work experience, vocational aptitudes, personal and social adjustments, and employment opportunities of the individual and the medical, psychiatric, psychological, and other pertinent vocational, educational, cultural, social, recreational, and environmental factors that affect the employment and rehabilitation needs of the individual; and
(D) May include, to the degree needed, an appraisal of the patterns of work behavior of the individual and services needed for the individual to acquire occupational skills and to develop work attitudes, work habits, work tolerance, and social and behavior patterns necessary for successful job performance, including the use of work in real job situations to assess and develop the capacities of the individual to perform adequately in a work environment;
(d) Referral, for the provision of rehabilitation technology services to the individual, to assess and develop the capacities of the individual to perform in a work environment; and
(e) An exploration of the individual's abilities, capabilities, and capacity to perform in work situations, which must be assessed periodically during trial work experiences, including experiences in which the individual is provided appropriate supports and training.
(5) "Assistive technology device" refers to any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of an individual with a disability.
(6) "Assistive technology service" refers to any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device, including:
(a) The evaluation of the needs of an individual with a disability, including a functional evaluation of the individual in his or her customary environment;
(b) Purchasing, leasing, or otherwise providing for the acquisition by an individual with a disability of an assistive technology device;
(c) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;
(d) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;
(e) Training or technical assistance for an individual with a disability or, if appropriate, the family members, guardians, advocates, or authorized representatives of the individual; and
(f) Training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or others who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities, to the extent that training or technical assistance is necessary to the achievement of an employment outcome by an individual with a disability.
(7) "CFR" refers to the Code of Federal Regulations.
(8) "Client Assistance Program" or "CAP" refers to a federally-funded program authorized under 34 CFR 370 that is independent of OVRS and whose purpose is to provide information, advocacy, and legal representation to individuals seeking OVRS services.
(9) "Representative" refers to any person identified by the individual as being authorized to speak or act on behalf of the individual or to assist the individual any matter pertaining to services of OVRS, unless a representative has been appointed by a court to represent the individual, in which case the court-appointed representative is the individual's representative.
(10) "Community Rehabilitation Program" or "CRP" refers to:
(a) A program that provides directly or facilitates the provision of one or more of the following vocational rehabilitation services to individuals with disabilities to enable those individuals to maximize their opportunities for employment, including career advancement:
(A) Medical, psychiatric, psychological, social, and vocational services that are provided under one management.
(B) Testing, fitting, or training in the use of prosthetic and orthotic devices.
(C) Recreational therapy.
(D) Physical and occupational therapy.
(E) Speech, language, and hearing therapy.
(F) Psychiatric, psychological, and social services, including positive behavior management.
(G) Assessment for determining eligibility and vocational rehabilitation needs, including technicians for assessment tests.
(H) Rehabilitation technology.
(I) Job development, placement, and retention services.
(J) Evaluation or control of specific disabilities.
(K) Orientation and mobility services for individuals who are blind.
(L) Extended employment.
(M) Psychosocial rehabilitation services.
(N) Supported employment services and extended services.
(O) Services to family members if necessary to enable the applicant or eligible individual to achieve an employment outcome.
(P) Personal assistance services.
(Q) Services similar to the services described in subsections (A) through (P) of this definition, including vendors who provide training, write resumes, consult on self-employment plans, assist with a self-employed business, or write PASS plans.
(b) For the purposes of this definition, the word program means an agency, organization, or institution, or unit of an agency, organization, or institution, that provides directly or facilitates the provision of vocational rehabilitation services as one of its major functions. It does not include the prospective employer of the individual.
(11) "Comparable services and benefits" refers to:
(a) Services and benefits that are:
(A) Provided or paid for, in whole or in part, by other Federal, State, or local public agencies, by health insurance, or by employee benefits;
(B) Available to the individual at the time needed to ensure the progress of the individual toward achieving the employment outcome in the individual's individualized plan for employment in accordance with 34 CFR 361.53; and
(C) Commensurate to the services that the individual would otherwise receive from OVRS.
(b) For the purposes of this definition, comparable benefits do not include awards and scholarships based on merit.
(12) "Competitive employment" refers to work:
(a) In the competitive labor market that is performed on a full-time or part-time basis in an integrated setting; and
(b) For which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled.
(13) "DHS" refers to the Department of Human Services.
(14) "Eligible individual" refers to an applicant for vocational rehabilitation services who meets the eligibility requirements of 34 CFR 361.42(a).
(15) "Employment outcome" refers to, with respect to an individual, entering or retaining full-time or, if appropriate, part-time competitive employment, as defined in OAR 582-001-0010(12), in the integrated labor market, supported employment, or any other type of employment in an integrated setting, including self-employment, telecommuting, or business ownership, that is consistent with an individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.
(16) "Extended employment" refers to work in a non-integrated or sheltered setting for a public or private nonprofit agency or organization that provides compensation in accordance with the Fair Labor Standards Act.
(17) "Extended services" refers to ongoing support services and other appropriate services that are needed to support and maintain an individual with a most significant disability in supported employment and that are provided by a State agency, a private nonprofit organization, employer, or any other appropriate resource, from funds other than funds received under this part and 34 CFR part 363 after an individual with a most significant disability has made the transition from support provided by OVRS.
(18) "Extreme medical risk" refers to a probability of substantially increasing functional impairment or death if medical services, including mental health services, are not provided expeditiously.
(19) "Family member," for purposes of receiving vocational rehabilitation services in accordance with 34 CFR 361.48(i), refers to an individual:
(a) Who either:
(A) Is a relative or guardian of an applicant or eligible individual; or
(B) Lives in the same household as an applicant or eligible individual;
(b) Who has a substantial interest in the well-being of that individual; and
(c) Whose receipt of vocational rehabilitation services is necessary to enable the applicant or eligible individual to achieve an employment outcome.
(20) "Impartial hearing officer" refers to an individual who:
(a) Is not an employee of a public agency (other than an administrative law judge, hearing examiner, or employee of an institution of higher education) -- an individual is not considered to be an employee of a public agency for the purposes of this definition solely because the individual is paid by the agency to serve as a hearing officer;
(b) Is not a member of the State Rehabilitation Council for OVRS;
(c) Has not been involved previously in the vocational rehabilitation of the applicant or eligible individual;
(d) Has knowledge of the delivery of vocational rehabilitation services, the State plan, and the Federal and State regulations governing the provision of services;
(e) Has received training with respect to the performance of official duties; and
(f) Has no personal, professional, or financial interest that would be in conflict with the objectivity of the individual.
(21) "Individual with a disability" refers to an individual:
(a) Who has a physical or mental impairment; and
(b) Whose impairment constitutes or results in a substantial impediment to employment; and
(c) Who can benefit in terms of an employment outcome from the provision of vocational rehabilitation services.
(22) "Individual with a most significant disability" refers to an eligible individual who:
(a) Has a severe mental or physical impairment that seriously limits two or more functional capacities (mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome; and
(b) Is expected to require two or more vocational rehabilitation services over an extended period of time to achieve or maintain a successful employment outcome.
(23) "Individual with a significant disability" refers to an eligible individual who does not qualify as an individual with a most significant disability as defined at OAR 582-001-0010(22); and
(a) The individual is currently receiving or eligible to receive Social Security Income or Social Security Disability Insurance payments; or
(b) The individual:
(A) Has a severe mental or physical impairment that seriously limits one functional capacity (mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome; and
(B) Is expected to require two or more vocational rehabilitation services over an extended period of time to achieve or maintain a successful employment outcome.
(24) "Integrated setting":
(a) With respect to the provision of services, refers to a setting typically found in the community in which applicants or eligible individuals interact with non-disabled individuals other than non-disabled individuals who are providing services to those applicants or eligible individuals;
(b) With respect to an employment outcome, refers to a setting typically found in the community in which applicants or eligible individuals interact with non-disabled individuals, other than non-disabled individuals who are providing services to those applicants or eligible individuals, to the same extent that non-disabled individuals in comparable positions interact with other persons.
(25) "Maintenance" refers to monetary support provided to an individual for expenses, such as food, shelter, and clothing, that are in excess of the normal expenses of the individual and that are necessitated by the individual's participation in an assessment for determining eligibility and vocational rehabilitation needs or the individual's receipt of vocational rehabilitation services under an individualized plan for employment.
(26) "Mediation" refers to the act or process of using an independent third party to act as a mediator, intermediary, or conciliator to assist persons or parties in settling differences or disputes prior to pursuing formal administrative or other legal remedies. Mediation under the program must be conducted in accordance with the requirements in 34 CFR 361.57(d) by a qualified and impartial mediator as defined in 34 CFR 361.5(b)(43).
(27) "OAR" refers to the Oregon Administrative Rules.
(28) "Ongoing support services," as used in the definition of ''Supported employment''
(a) Refers to services that are:
(A) Needed to support and maintain an individual with a most significant disability in supported employment;
(B) Identified based on a determination by OVRS of the individual's need as specified in an individualized plan for employment; and
(C) Furnished by OVRS from the time of job placement until transition to extended services, unless post-employment services are provided following transition, and thereafter by one or more extended services providers throughout the individual's term of employment in a particular job placement or multiple placements if those placements are being provided under a program of transitional employment;
(b) Must include an assessment of employment stability and provision of specific services or the coordination of services at or away from the worksite that are needed to maintain stability based on:
(A) At a minimum, twice-monthly monitoring at the worksite of each individual in supported employment; or
(B) If under specific circumstances, especially at the request of the individual, the individualized plan for employment provides for off-site monitoring, twice monthly meetings with the individual;
(c) Consist of:
(A) Any particularized assessment supplementary to the comprehensive assessment of rehabilitation needs;
(B) The provision of skilled job trainers who accompany the individual for intensive job skill training at the work site;
(C) Job development and training;
(D) Social skills training;
(E) Regular observation or supervision of the individual;
(F) Follow-up services including regular contact with the employers, the individuals, the parents, family members, guardians, advocates or authorized representatives of the individuals, and other suitable professional and informed advisors, in order to reinforce and stabilize the job placement;
(G) Facilitation of natural supports at the worksite;
(H) Any other service identified in the scope of vocational rehabilitation services for individuals, described in 34 CFR 361.48; or
(I) Any service similar to the foregoing services.
(29) "ORS" refers to the Oregon Revised Statutes.
(30) "OVRS" refers to the Office of Vocational Rehabilitation Services.
(31) "Parent or Guardian" refers to a person or persons having legal responsibility for the overall welfare and well-being of an individual under age 18 or a individual who, if over age 18, is considered legally incompetent.
(32) "Personal assistance services" refers to a range of services provided by one or more persons designed to assist an individual with a disability to perform daily living activities on or off the job that the individual would typically perform without assistance if the individual did not have a disability.
(33) “Qualified Personnel” means an individual licensed or certified by the state or an individual who maintains an equivalent licensure or certification from another state to make the diagnosis of an applicant’s impairment.
(34) "Physical and mental restoration services" refers to:
(a) Corrective surgery or therapeutic treatment that is likely, within a reasonable period of time, to correct or modify substantially a stable or slowly progressive physical or mental impairment that constitutes a substantial impediment to employment;
(b) Diagnosis of and treatment for mental or emotional disorders by qualified personnel in accordance with State licensure laws;
(d) Nursing services;
(e) Necessary hospitalization (either inpatient or outpatient care) in connection with surgery or treatment and clinic services;
(f) Drugs and supplies;
(g) Prosthetic and orthotic devices;
(h) Eyeglasses and visual services, including visual training, and the examination and services necessary for the prescription and provision of eyeglasses, contact lenses, microscopic lenses, telescopic lenses, and other special visual aids prescribed by personnel that are qualified in accordance with State licensure laws;
(j) Physical therapy;
(k) Occupational therapy;
(l) Speech or hearing therapy;
(m) Mental health services;
(n) Treatment of either acute or chronic medical complications and emergencies that are associated with or arise out of the provision of physical and mental restoration services, or that are inherent in the condition under treatment;
(o) Special services for the treatment of individuals with end-stage renal disease, including transplantation, dialysis, artificial kidneys, and supplies; and
(p) Other medical or medically related rehabilitation services.
(35) "Physical or mental impairment" refers to:
(a) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculo-skeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine; or
(b) Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
(36) "Post-employment services" refers to one or more of the services identified in 34 CFR 361.48 that are provided subsequent to the achievement of an employment outcome and that are necessary for an individual to maintain, regain, or advance in employment, consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.
(37) "Provider of community rehabilitation services" refers to any CRP, business, or independent contractor that is paid by OVRS to provide any service listed in OAR 582-001-0010(10).
(38) "Qualified and impartial mediator" refers to an individual who:
(a) Is not an employee of a public agency (other than an administrative law judge, hearing examiner, employee of a State office of mediators, or employee of an institution of higher education) — an individual serving as a mediator is not considered to be an employee of a public agency for the purposes of this definition solely because the individual is paid by a public agency to serve as a mediator;
(b) Is not a member of the State Rehabilitation Council for OVRS;
(c) Has not been involved previously in the vocational rehabilitation of the applicant or eligible individual;
(d) Is knowledgeable of the vocational rehabilitation program and the applicable Federal and State laws, regulations, and policies governing the provision of vocational rehabilitation services;
(e) Has been trained in effective mediation techniques consistent with any State-approved or -recognized certification, licensing, registration, or other requirements; and
(f) Has no personal, professional, or financial interest that would be in conflict with the objectivity of the individual requesting mediation during the mediation proceedings.
(39) "Rehabilitation engineering" refers to the systematic application of engineering sciences to design, develop, adapt, test, evaluate, apply, and distribute technological solutions to problems confronted by individuals with disabilities in functional areas, such as mobility, communications, hearing, vision, and cognition, and in activities associated with employment, independent living, education, and integration into the community.
(40) "Rehabilitation technology" refers to the systematic application of technologies, engineering methodologies, or scientific principles to meet the needs of, and address the barriers confronted by, individuals with disabilities in areas that include education, rehabilitation, employment, transportation, independent living, and recreation. The term includes rehabilitation engineering, assistive technology devices, and assistive technology services.
(41) "Severe mental or physical impairment" refers to the use of this term in the federal Rehabilitation Act of 1973, as amended.
(42) "State plan" refers to the State plan for vocational rehabilitation services submitted by OVRS under 34 CFR 361.10.
(43) "Substantial impediment to employment" refers to a physical or mental impairment that (in light of medical, psychological, vocational, educational, communication, and other related factors) hinders an individual from preparing for, entering into, engaging in, or retaining employment consistent with the individual's unique strengths, resources, priorities, concerns, abilities and capabilities.
(44) "Supported employment" refers to:
(a) Competitive employment in an integrated setting, or employment in integrated work settings in which individuals are working toward competitive employment, consistent with the strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individuals with ongoing support services for individuals with the most significant disabilities:
(A) For whom competitive employment has not traditionally occurred or for whom competitive employment has been interrupted or intermittent as a result of a significant disability; and
(B) Who, because of the nature and severity of their disabilities, need intensive supported employment services from OVRS and extended services after transition as described in OAR 582-001-0010(17) to perform this work; or
(b) Transitional employment, as defined OAR 582-001-0010(47), for individuals with the most significant disabilities due to mental illness.
(45) "Supported employment services" refers to ongoing support services and other appropriate services needed to support and maintain an individual with a most significant disability in supported employment that are provided by OVRS:
(a) For a period of time not to exceed 18 months, unless under special circumstances the eligible individual and the rehabilitation counselor or coordinator jointly agree to extend the time to achieve the employment outcome identified in the individualized plan for employment; and
(b) Following transition, as post-employment services that are unavailable from an extended services provider and that are necessary to maintain or regain the job placement or advance in employment.
(46) "Transition services" refers to a coordinated set of activities for a student designed within an outcome-oriented process that promotes movement from school to post-school activities, including postsecondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation.
(47) "Transitional employment," as used in the definition of ''Supported employment,'' refers to a series of temporary job placements in competitive work in integrated settings with ongoing support services for individuals with the most significant disabilities due to mental illness. In transitional employment, the provision of ongoing support services must include continuing sequential job placements until job permanency is achieved.
(48) "Transportation" refers to travel and related expenses that are necessary to enable an applicant or eligible individual to participate in a vocational rehabilitation service, including expenses for training in the use of public transportation vehicles and systems.
(49) "Vocational rehabilitation services":
(a) If provided to an individual, refers to those services listed in 34 CFR 361.48; and
(b) If provided for the benefit of groups of individuals, also refers to those services listed in 34 CFR 361.49.
(50) “Vocational rehabilitation training” means skill training in which the basis and focus of the training are individualized or customized. Vocational rehabilitation training may include focus on disability related issues as those issues impact the skills training. Vocational rehabilitation training can include, but is not limited to:
(a) Supported employment;
(b) Disability and related Skills training;
(c) On the job training;
(d) One-on-one specialized business training - training provided to individuals who are working to establish their own business;
(e) Customized training -- training offered by an employer to a group of individuals for the purpose of training and possibly hiring the individuals.
(51) “Vocational training” means skills training for a specific occupation.
(52) “Informed Choice” means that individuals who are applicants for vocational rehabilitation services or eligible individuals receiving such services must be active and full partners throughout the vocational rehabilitation process. Program participants must have the opportunity to make meaningful decisions during assessment for eligibility and in the selection of the employment outcome, services needed to achieve the outcome, service providers, and method of securing services. OVRS shall provide information and support services sufficient to inform each applicant and eligible individual about the availability of and opportunity to exercise informed choice.
(53) “The Individualized Plan for Employment” (IPE) is a blueprint or action plan for attaining the individual’s vocational objective. The IPE identifies services necessary to assist the individual to prepare for, secure, retain, or regain an employment outcome consistent with his or her strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice. The IPE identifies the employment objective, approved service providers, all program costs, time frames, and the individual’s responsibilities under the plan.
[Publications: Publications referenced are available from the agency.]
Auth.: ORS 344.530
Stats. Implemented: ORS 344.530, 344.550, 344.560, 344.570 & 344.590
Hist.: VRS 5-2004, f. & cert. ef. 8-5-04; VRS 2-2005, f. 4-20-05, cert. ef. 7-1-05; VRS 1-2008, f. & cert. ef. 2-4-08; VRS 2-2008, f. & cert. ef. 3-3-08; VRS 3-2008, f. & cert. ef. 4-10-08; VRS 4-2008(Temp), f. 12-18-08, cert. ef. 12-19-08 thru 6-16-09; VRS 2-2009, f. & cert. ef. 3-27-09; VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11; VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11