Or. Admin. Code § 407-005-0030 - Report of Discrimination and Other Remedies Available for Alleged Discrimination
(1) A
client or client applicant or specific class of individuals or their
representative(s) may file with the Department a Report of Discrimination based
on disability in the following circumstances:
(a) The final result under OAR
407-005-0025 for a Reasonable
Modification Request was denied or was approved with an alternative to the
requested modification which is believed to be inadequate;
(b) A request for auxiliary aids and services
was denied or was approved with an alternative to the request which is believed
to be inadequate;
(c) A request for
an alternate format communication was denied or was approved with an
alternative to the request which is believed to be inadequate;
(d) Inability to access facilities used for
Department programs;
(e) Denial of
participation in Department programs and services.
(2) A Report of Discrimination must be filed
within 60 calendar days of the date of the alleged discrimination unless
otherwise set forth in these rules. In the Food Stamp program, a Report of
Discrimination filed more than 60 but less than 180 days of the alleged
discrimination will be referred to the Food and Nutrition Service for
investigation and is not otherwise covered by this rule.
(3) A Report of Discrimination may be
submitted verbally or on a Report of Discrimination Form available at any
Department office or by calling any Department office.
(4) The claim of discrimination will be
investigated and will include an interview with the complainant and upon
conclusion of the investigation, a Letter of Determination shall be issued
within (40) calendar days from the receipt of the Discrimination
Report.
(5) An individual may
appeal the Letter of Determination to the Civil Rights Review Board (CRRB)
within thirty (30) calendar days of receiving the Letter of Determination. CRRB
means a panel of Department employees appointed by the Director that reviews
the decisions made by the Department ADA Coordinator or the Civil Rights
Investigator on discrimination complaints filed with the Department.
(6) At the discretion of CRRB, this may
include additional communication with the client.
(7) The remedies available under OAR
407-005-0000 through
407-005-0030 are available in
addition to other remedies available under state or federal law or Oregon
Administrative Rules, except that these remedies must be exhausted where
exhaustion is a requirement of seeking remedies in another forum.
Notes
Stat. Auth.: ORS 409.050
Stats. Implemented: ORS 409.050
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