Or. Admin. Code § 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.
Notes
Statutory/Other Authority: ORS 346.150, ORS 183.341 & ORS 183.502
Statutes/Other Implemented: ORS 346.110-346.270 & ORS 183
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