Or. Admin. Code § 585-030-0015

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

Section 585-030-0015 - Informal Problem Solving and Referral to Client Assistance Program

(1) Before a written Notice of Action is provided to the client, the client may request to engage in informal problem-solving with their vocational rehabilitation counselor to resolve a dispute regarding the client's vocational rehabilitation services. For purposes of this rule, a dispute that may be resolved through the problem-solving process does not necessarily involve an action by Commission that entitles the client to mediation or hearing rights. Commission may include a supervisor or other assigned Commission employee in the meeting to resolve the issue.

(2) The client may have a representative or support person present during the problem-solving discussions. Commission shall inform the client that they may seek assistance from the Client Assistance Program of Disability Rights of Oregon or other advocate during the problem-solving process.

(3) Problem-solving is voluntary and both parties must agree to participate in the process. Commission may decline to participate in problem-solving if the client refuses to cooperate in scheduling or to participate in a meeting to discuss the dispute, or the same dispute has been resolved by the dispute resolution process and no further appeal rights are available, or prior attempts to resolve the dispute have been unproductive.

(4) Problem-solving may occur at any time prior to the issuance of a Notice of Action by Commission or before the client requests mediation or a hearing. A client's request to engage in problem-solving does not exempt the client from complying with applicable legal timeframes to request a hearing or mediation.

(5) If the client and Commission are unable to resolve the dispute during the problem-solving process, the client retains the right to pursue any other dispute resolution options available to the client under these rules, subject to applicable legal timeframes.

Or. Admin. Code § 585-030-0015

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

Statutory/Other Authority: ORS 346.150 & ORS 183.502

Statutes/Other Implemented: ORS 183.502