Or. Admin. Code § 943-005-0025

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

Section 943-005-0025 - Requesting a Reasonable Modification

(1) Requests for reasonable modification to a program, service, or activity may be made to Authority staff either verbally, by completing the Request for Reasonable Modification form, or in any manner otherwise acceptable to the Authority.

(2) When the Authority receives a request for reasonable modification, the Authority shall:

(a) Make a determination about any additional documentation needed and request the documentation.

(b) Communicate with the individual requesting the reasonable modification about the process, additional required documentation and the possibility of acceptable alternate modifications.

(c) Authority staff shall consider the requester a partner, communicating routinely and respectfully in an effort to achieve a swift and satisfactory resolution to requests for reasonable modification.

(3) When a request for reasonable modification is related to an event or activity that is fixed in time, such as a public meeting, Authority staff shall make a decision as soon as reasonably possible, and in no case less than eight hours prior to the event or activity, provided the request is received at least 12 hours prior to the event or activity.

(4) No more than 15 days after receiving a request or any additional required documentation, whichever is later, the Authority shall notify the requester in writing that the requested modification was approved, approved with alternate modification, or denied.

(a) Notification related to a request for reasonable modification approved with alternate modifications or denied shall be clearly labeled "Preliminary Notification Subject to Review".

(b) The Authority shall ensure the approved modification occurs within a reasonable time.

(5) The Authority's ADA Coordinator shall review all preliminary notifications.

(6) An individual or the individual's representative may request a review meeting with the ADA Coordinator after receiving a preliminary notification approving alternate modifications or denying modifications.

(a) If a review meeting is not requested within 60 days of the preliminary notification, the decision shall become final.

(b) Within 15 days of receiving a request for a review meeting, the ADA Coordinator will meet with the individual or the individual's representative and attempt to resolve the individual's concerns.

(c) Within 15 days of the review meeting, the ADA Coordinator will respond in writing and shall notify the requestor of the final result of the review.

(7) An individual whose request for reasonable modification has been denied or approved with an alternate modification that the individual believes to be inadequate may file:

(a) A report of discrimination as described in these rules; or

(b) A complaint with the appropriate federal or state regulatory agency.

(8) The Authority shall retain all written requests for meetings with the ADA Coordinator for at least three years.

Or. Admin. Code § 943-005-0025

OHA 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11; OHA 19-2011, f. 8-30-11, cert. ef. 9-1-11; OHA 3-2014, f. 9-10-14, cert. ef. 1-1-15

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 413.042