Or. Admin. Code § 585-030-0040

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

Section 585-030-0040 - Formal Mediation

(1) When Commission issues a Notice of Action, Commission and the affected client may agree to participate in formal mediation to resolve any issues relevant to the notice. Neither the party's request, nor any agreement by Commission to participate in mediation extends the period for filing a timely request for an impartial fair hearing.

(2) Participation in the mediation process is voluntary. Both the client and the client's counselor or Commission employee directly involved in the dispute must be willing to participate in the mediation process before Commission can schedule a formal mediation.

(a) If Commission declines to participate following a request for mediation, Commission shall provide written notice to the client that mediation is declined and the client shall be advised of their right to request a hearing, if a request for a hearing is not already pending.

(b) If Commission agrees to participate in mediation, Commission may establish a deadline for the conclusion of the process.

(3) If Commission agrees to participate in mediation, the parties' mediation communications will only remain confidential and/or inadmissible in any subsequent proceeding if the parties agree in writing that such communications are confidential and/or non-discoverable and inadmissible.

(4) If Commission has agreed to participate in mediation and the client makes a timely request for an impartial fair hearing:

(a) The hearing shall be suspended until mediation is completed, Commission or the client opts out of the mediation process, or the deadline, if any, conclusion of mediation is reached.

(b) Commission shall proceed to schedule the impartial fair hearing if mediation terminates without settlement of the contested case, unless the client withdraws the hearing request.

(5) Commission shall select a mediator who has indicated an interest or expertise in disability-related issues, and who meets the requirements of a qualified and impartial mediator. Commission shall comply with all procurement and contracting rules provided by law.

(a) Upon receipt of a timely request for mediation from the client, Commission shall contact, on a rotating basis, a mediator who is geographically near Commission office of the client.

(b) Each party shall be given the opportunity to agree to or reject an identified mediator prior to the beginning of mediation services.

(6) The mediation shall occur between the client's counselor or assigned Commission employee and the client. The parties may have a representative assist them in the mediation, including the Client Assistance Program.

(7) Conclusion of mediation:

(a) At any point during the mediation process, either party or the mediator may elect to terminate the mediation.

(b) A successful mediation shall be concluded with a final written mediation agreement that is developed by the parties with the assistance of the mediator. The parties must agree to and sign the agreement for it to be effective in resolving the case. The parties shall be given a copy of the signed agreement.

(A) The final agreement shall become part of the case file record, unless otherwise agreed.

(B) If the agreement includes any changes to the Individualized Plan for Employment (IPE), a revision to the IPE or amended IPE that incorporates the changes shall be in writing and signed by Commission and the client.

(8) If an agreement is not reached, Commission shall provide the client with written notice that the mediation process has ended and advise the client of their right to request an impartial fair hearing within the timeframes specified in OAR 585-025-0030, if a hearing request is not already pending.

(9) The costs of the mediation process must be paid by the Commission. Commission is not required to pay for any costs related to the representation of client, including attorney's fees.

Or. Admin. Code § 585-030-0040

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