Or. Admin. Code § 407-005-0005 - Definitions
The following definitions apply to rules 407-005-0000 through 407-005-0030:
(1) "Alternate Format Communication " means
printed material converted to a communication style that meets the
accessibility needs of individuals with disabilities to achieve "effective
communication." The types of alternate format that the Department offers
include but are not limited to: large print, Braille, audiotape, electronic
format (E-mail attachment, diskette, or CD-ROM) and oral
presentation.
(2) "Americans with
Disabilities Act " is a comprehensive federal law passed in 1990, which
prohibits discrimination on the basis of disability in employment, programs and
services provided by state and local governments; goods and services provided
by private companies; commercial facilities; telecommunications and
transportation. The ADA was crafted upon a body of existing legislation,
particularly the Rehabilitation Act of 1973 (Section 504), which states that no
recipient of federal financial assistance may discriminate against qualified
individuals with disabilities solely because of a disability. (Public Law
101-336 )
(3) "An Individual with a Disability " means
an individual who:
(a) Has a physical or
mental impairment that substantially limits one or more major life activities;
or
(b) Has a record or history of
such an impairment; or
(c) Is
regarded as having such an impairment.
(4) "Auxiliary Aids or Services " mean devices
or services that meet the accessibility needs of individuals with hearing,
cognitive or speech impairments to achieve "effective communication." The types
of auxiliary aids and services that DHS offers include but are not limited to:
qualified sign language interpreters, text telephone (TTYs), oral presentation,
notetakers and communication through computer keyboarding.
(5) Department means the "Department of Human
Services."
(6) "Report of
Discrimination " means a report filed with the Department by a client, client
applicant or specific class of individuals or their representative(s) alleging
an act of discrimination by the Department or a Department contractor, their
agents or subcontractors, or a governmental entity under intergovernmental
agreement with the Department , regarding delivery of Department services,
programs or activities that are subject to Title II of the ADA or Section 504
of the Rehabilitation Act.
(7)
"Federal Discrimination Complaint " means a complaint by a client, client
applicant or specific class of individuals or their representative(s) filed
with a federal agency alleging an act of discrimination by a public
entity.
(8) "Qualified Individual
with a Disability " means an individual who can meet the essential eligibility
requirements for the program, service or activity with or without Reasonable
Modification of rules, policies or procedures, or the provision of auxiliary
aids and services.
(9) "Direct
threat " means a significant risk to the health or safety of others that cannot
be eliminated or reduced to an accepted level through the provision of
auxiliary aids and services or through reasonably modifying policies, practices
or procedures, that person is not considered a qualified individual with a
disability and may be excluded from DHS programs services or activities. The
determination of direct threat to the health and safety of others must be based
on an individualized assessment relying on current medical evidence, or the
best available objective evidence that shows:
(a) The nature, duration and severity of the
risk;
(b) The probability that a
potential injury will actually occur; and
(c) Whether reasonable modifications of
policies, practices or procedures will lower or eliminate the risk.
(10) "Reasonable Modifications "
means a modification of policies, practices or procedures made to a program or
service that allows an individual with a disability to participate equally in
the program or benefit from the service.
Notes
Stat. Auth.: ORS 409.050
Stats. Implemented: ORS 409.050
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