Or. Admin. Code § 291-111-0110

Current through Register Vol. 63, No. 12, December 1, 2024

Section 291-111-0110 - Definitions

(1) Accessibility request: A request to modify department rules, policies, or practices, to remove architectural, communication, or transportation barriers, or to provide auxiliary aids and services for a qualified AIC with a disability to participate in or access the benefits of department programs, services, or activities.

(2) Adult in Custody (AIC): Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status.

(3) Americans with Disabilities Act (ADA): The federal law, Americans with Disabilities Act of 1990, 42 U.S.C. § 12101, et seq., as amended by the ADA Amendments Act of 2008 (Public Law 110-325.)

(4) Auxiliary Aids and Services: Auxiliary aids and services are defined in 28 CFR § 35.104 and include:

(a) Qualified interpreters on-site or through video remote interpreting (VRI) services; note takers; real-time computer-aided transcription services; written materials; exchange of written notes; telephone handset amplifiers; assistive listening devices; assistive listening systems; telephones compatible with hearing aids; closed caption decoders; open and closed captioning, including real-time captioning; voice, text, and video-based telecommunications products and systems, including text telephones (TTYs), videophones, and captioned telephones, or equally effective telecommunications devices; videotext displays; accessible electronic and information technology; or other effective methods of making aurally delivered information available to individuals who are deaf or hard of hearing;

(b) Qualified readers; taped texts; audio recordings; braille materials and displays; screen reader software; magnification software optical readers; secondary auditory programs (SAP); large print materials; accessible electronic and information technology; or other effective methods of making visually delivered materials available to individuals who are blind or have low vision;

(c) Acquisition or modification of equipment or devices; and

(d) Other similar services and actions.

(5) Disability: As defined in ORS 659A.104, disability means, with respect to an individual, a physical or mental impairment that substantially limits one or more major life activities of that individual, a record of such an impairment, or being regarded as having such an impairment. This term shall be construed consistently with ORS 659A.104, including any exceptions and rules of construction.

(6) Institution AIC ADA Coordinator: DOC employee(s) at each institution or facility who are assigned to ensure compliance with state and federal law governing access to department programs, services, and activities for individuals with disabilities, and to respond to AIC ADA grievances.

(7) Major Life Activities: This term shall be construed consistently with ORS 659A.104, including any exceptions and rules of construction, and otherwise includes but is not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.

(8) Statewide AIC ADA Coordinator: A DOC employee or designee who is designated to carry out the Department's responsibilities to comply with state and federal anti-discrimination laws concerning incarcerated persons with disabilities, including investigation and resolution of accessibility requests.

Or. Admin. Code § 291-111-0110

DOC 19-2020, adopt filed 11/09/2020, effective 11/9/2020

Statutory/Other Authority: ORS 179.040, 423.030, 423.020, 423.075 & 179.360

Statutes/Other Implemented: ORS 179.040, 423.030, 423.020, 423.075 & 179.360