Or. Admin. Code § 585-030-0010

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

Section 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.

Or. Admin. Code § 585-030-0010

CFTB 2-2021, adopt filed 02/23/2021, effective 2/24/2021

Statutory/Other Authority: ORS 346.150, ORS 183.341 & ORS 183.502

Statutes/Other Implemented: ORS 346.110-346.270 & ORS 183