Or. Admin. Code § 582-020-0010 - Definitions
(1) "Action" means a decision by the Program
to deny, terminate, suspend, or reduce a client's eligibility or services.
Action may include the Program's delay in making a decision to deny, terminate,
suspend, or reduce a client's eligibility or services.
(2) "Client" means an applicant or eligible
individual of the Program.
(3)
"Delay" means:
(a) The Program failed to make
a decision regarding an action within the timeframes specified in state or
federal law; or
(b) If state or
federal law does not impose a time limit, the client has made a dated, written
request for a decision regarding a Program action and the Program has
unreasonably delayed in making that decision.
(4) "Due Process" means the process by which
Program applicants or participants who are dissatisfied or disagree with a
decision that affects the provision of vocational rehabilitation services may
pursue a review.
(5) "Final Order"
means the written final Program action. Final order does not include any
tentative or preliminary Program declaration or statement that precedes the
final Program action.
(6) "Formal
Administrative Review (FAR)" means an impartial review by a reviewing official
of the Impartial Hearing Officer's decision issued after the hearing.
(7) "Good Cause" means due to unforeseen
circumstances beyond the 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 Hearing Officer (IHO)" means an individual who:
(a) Is not an employee of a public agency,
other than an administrative law judge, hearing examiner, or employee of an
institution of higher educations;
(b) Is not a member of the State
Rehabilitation Council;
(c) Has not
been previously involved in the client's vocational rehabilitation
plan;
(d) Has knowledge of the
delivery of vocational rehabilitation services, the vocational rehabilitation
services portion of the State Plan, and the Federal and State regulations
governing the provision of services;
(e) Has received training with respect to the
performance of official duties; and
(f) Has no personal, professional, or
financial interest that could affect the individual's objectivity.
(g) An individual is not considered to be an
employee of a public agency for purposes of this definition because the
individual is paid by the agency to serve as a hearing officer.
(9) "Informal Dispute Resolution"
means discussions with the Program about the resolution of a mediation or
hearing request. Informal dispute resolution may occur at any time after a
client files a request for mediation or hearing and, before a final mediation
agreement has been signed or an order has been issued by the IHO.
(10) "Impartial due process hearing or
hearing" means a contested case hearing conducted by an IHO to review the
Program's proposed action.
(11)
"Mediation" means the act or process of using a qualified and impartial third
party to act as mediator, intermediary, or conciliator to assist individuals or
parties in settling differences or disputes.
(12) "Party" means, for purposes of the
dispute resolution process, the Program and the client.
(13) "Problem-solving" means an informal
process where the client discusses dissatisfaction with an action with the
client's counselor the counselor's supervisor, or other assigned Program
employee. Problem-solving occurs before the client requests informal dispute
resolution, mediation or a hearing. The client must request mediation or a
hearing in order to preserve the client's appeal rights.
(14) "Qualified and impartial mediator" means
an individual who:
(a) Is not an employee of a
public agency, other than an administrative law judge, hearing examiner,
employee of a State office of mediators, or employee of an institution of
higher education;
(b) Is not a
member of the State Rehabilitation Council;
(c) Has not been involved previously in the
vocational rehabilitation plan of the client;
(d) Is knowledgeable of the vocational
rehabilitation program and the applicable Federal and State laws, regulations,
and policies governing the provision of vocational rehabilitation
services;
(e) Has been trained in
effective mediation techniques consistent with any State-approved or recognized
certification, licensing, registration, or other requirements; and
(f) Has no personal, professional, or
financial interest that could affect the individual's objectivity during the
mediation proceedings.
(g) An
individual is not considered to be an employee of the Program for the purposes
of this definition solely because the individual is paid by the Program to
serve as a mediator.
(15) "Representative" means an individual who
represents the client or the Program in an impartial fair hearing. The client
may be represented by an attorney licensed by the Oregon State Bar or any other
representative authorized by law, including but not limited to the Client
Assistance Program. The Program may be represented by the Attorney General's
office or by a Program lay representative.
(16) "Reviewing Official" means the
individual who conducts the impartial administrative review of the IHO's
decision if a party is dissatisfied with that decision. The reviewing official
shall be the Director, or designee, of the Department of Human Services. The
designee may not be an employee of the Program, or an individual previously
involved in the vocational rehabilitation of the client, or an individual with
a personal or financial conflict of interest.
Notes
Statutory/Other Authority: ORS 344.530(2) & 344.590
Statutes/Other Implemented: ORS 183.310 - 183.550, 344.511 - 344.690 & 344.710 - 344.730
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