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Procedural Rules


Published: 2015

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The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DEPARTMENT OF HUMAN SERVICES,

VOCATIONAL REHABILITATION SERVICES





 

DIVISION 1
PROCEDURAL RULES

582-001-0010
Definitions for Chapter 582
The following definitions apply to each
division in chapter 582 of the Oregon Administrative Rules unless otherwise indicated:
(1) "Act" means Public Law
No: 113-128, Title IV — Amendments to the Rehabilitation Act of 1973.
(2) “Administrator”
means the Administrator of Vocational Rehabilitation.
(3) "Applicant" means an
individual who submits an application for vocational rehabilitation services in
accordance with 34 CFR 361.41(b)(2).
(4) "Assessment for determining
eligibility and vocational rehabilitation needs" means, as appropriate in each case:
(a) A review of existing
data to determine if an individual is eligible for vocational rehabilitation services;
and to assign priority for an order of selection if in effect; and
(b) To the extent necessary,
the provision of appropriate assessment activities to obtain necessary additional
data to make the eligibility determination and priority assignment;
(c) To the extent additional
data are necessary to make a determination of the employment outcomes and the nature
and scope of vocational rehabilitation services to be included in the individualized
plan for employment of an eligible individual, a comprehensive assessment to determine
the unique strengths, resources, priorities, concerns, abilities, capabilities,
interests, and informed choice, including the need for supported employment, of
the eligible individual. This comprehensive assessment:
(A) Is limited to information
that is necessary to identify the rehabilitation needs of the individual and to
develop the individualized plan for employment of the eligible individual;
(B) Uses as a primary source
of information, to the maximum extent possible and appropriate and in accordance
with confidentiality requirements: Existing information obtained for the purposes
of determining the eligibility of the individual and assigning priority for an order
of selection for the individual; and Information that can be provided by the individual
and, if appropriate, by the family of the individual;
(C) May include an assessment
of the individual's personality, interests, interpersonal skills, intelligence and
related functional capacities, educational achievements, work experience, vocational
aptitudes, personal and social adjustments, and employment opportunities and the
medical, psychiatric, psychological, and other pertinent vocational, educational,
cultural, social, recreational, and environmental factors that affect the individual's
employment and rehabilitation needs; and
(D) May include an appraisal
of the individual's patterns of work behavior and services needed for the individual
to acquire occupational skills and to develop work attitudes, work habits, work
tolerance, and social and behavior patterns necessary for successful job performance,
including the use of work in real job situations to assess and develop the individual's
capacities to perform adequately in a work environment;
(E) To the maximum extent
possible, relies on information obtained from experiences in integrated employment
settings in the community, and other integrated community settings. (Public Law
No: 113-128, Title IV--Amendments to the Rehabilitation Act of 1973 Sec. 404, Definitions)
(d) Referral, for the provision
of rehabilitation technology services to the individual, to assess and develop the
capacities of the individual to perform in a work environment; and
(e) An exploration of the
individual's abilities, capabilities, and capacity to perform in work situations,
which must be assessed periodically during trial work experiences, including experiences
in which the individual is provided appropriate supports and training.
(5) “Assistive technology”
means technology designed to be utilized in an assistive technology device or assistive
technology service.
(6) "Assistive technology
device" refers to any item, piece of equipment, or product system, whether acquired
commercially off the shelf, modified, or customized, that is used to increase, maintain,
or improve the functional capabilities of an individual with a disability.
(7) "Assistive technology
service" means any service that directly assists an individual with a disability
in the selection, acquisition, or use of an assistive technology device, including:
(a) The evaluation of the
needs of an individual with a disability, including a functional evaluation of the
individual in his or her customary environment;
(b) Purchasing, leasing,
or otherwise providing for the acquisition by an individual with a disability of
an assistive technology device;
(c) Selecting, designing,
fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive
technology devices;
(d) Coordinating and using
other therapies, interventions, or services with assistive technology devices, such
as those associated with existing education and rehabilitation plans and programs;
(e) Training or technical
assistance for an individual with a disability or, if appropriate, the family members,
guardians, advocates, or authorized representatives of the individual; and
(f) Training or technical
assistance for professionals (including individuals providing education and rehabilitation
services), employers, or others who provide services to, employ, or are otherwise
substantially involved in the major life functions of individuals with disabilities,
to the extent that training or technical assistance is necessary to the achievement
of an employment outcome by an individual with a disability.
(8) "CFR" means the Code
of Federal Regulations.
(9) "Client Assistance Program"
or "CAP" means a federally-funded program authorized under 34 CFR 370 that is independent
of the Program and whose purpose is to provide information, advocacy, and legal
representation to individuals seeking Program services.
(10) "Community Rehabilitation
Program" or "CRP" means:
(a) A program that provides
directly or facilitates the provision of one or more of the following vocational
rehabilitation services to individuals with disabilities to enable those individuals
to maximize their opportunities for employment, including career advancement:
(A) Medical, psychiatric,
psychological, social, and vocational services that are provided under one management.
(B) Testing, fitting, or
training in the use of prosthetic and orthotic devices.
(C) Recreational therapy.
(D) Physical and occupational
therapy.
(E) Speech, language, and
hearing therapy.
(F) Psychiatric, psychological,
and social services, including positive behavior management.
(G) Assessment for determining
eligibility and vocational rehabilitation needs, including technicians for assessment
tests.
(H) Rehabilitation technology.
(I) Job development, placement,
and retention services.
(J) Evaluation or control
of specific disabilities.
(K) Orientation and mobility
services for individuals who are blind.
(L) Extended employment.
(M) Psychosocial rehabilitation
services.
(N) Supported employment
services and extended services.
(O) Customized employment
as defined in section (13).
(P) Services to family members
if necessary to enable the applicant or eligible individual to achieve an employment
outcome.
(Q) Personal assistance services.
(R) Services similar to the
services described in subsections (A) through (R) of this definition, including
vendors who provide training, write resumes, consult on self-employment plans, assist
with a self-employed business, or write PASS plans.
(b) For the purposes of this
definition, the agency, organization, or institution, or unit of an agency, organization,
or institution, that provides directly or facilitates the provision of vocational
rehabilitation services as one of its major functions. It does not include the prospective
employer of the individual.
(11) "Comparable services
and benefits" means:
(a) Services and benefits
that are:
(A) Provided or paid for,
in whole or in part, by other Federal, State, or local public agencies, health insurance,
or employee benefits;
(B) Available to the individual
at the time needed to ensure the progress of the individual toward achieving the
employment outcome in the individual's individualized plan for employment in accordance
with 34 CFR 361.53; and
(C) Commensurate to the services
that the individual would otherwise receive from the Program.
(b) Comparable services and
benefits does not include awards and scholarships based on merit.
(12) Competitive Integrated
Employment means work that is performed on a full-time or part-time basis and includes
self-employment:
(a) For which an individual
is compensated at a rate that:
(A) Shall be not less than
the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206(a)(1)) or the rate specified in the applicable State
or local minimum wage law; and
(B) Is not less than the
customary rate paid by the employer for the same or similar work performed by other
employees who are not individuals with disabilities, and who are similarly situated
in similar occupations by the same employer and who have similar training, experience,
and skills; or
(C) In the case of an individual
who is self-employed, yields an income that is comparable to the income received
by other individuals who are not individuals with disabilities, and who are self-employed
in similar occupations or on similar tasks and who have similar training, experience,
and skills; and
(D) Is eligible for the level
of benefits provided to other employees;
(b) That is at a location
where the employee interacts with others who are not individuals with disabilities
(not including supervisory personnel or individuals who are providing services to
such employee) to the same extent that individuals who are not individuals with
disabilities and who are in comparable positions interact with other persons; and
(c) That, if applicable,
presents opportunities for advancement that are similar to those for other employees
who are not individuals with disabilities and who have similar positions. (Public
Law No: 113-128, Title IV--Amendments to the Rehabilitation Act of 1973, Sec. 404,
Definitions)
(13) Customized Employment
means competitive integrated employment, for an individual with a significant disability,
that is based on an individualized determination of the strengths, needs, and interests
of the individual with a significant disability, is designed to meet the specific
abilities of the individual with a significant disability and the business needs
of the employer, and is carried out through flexible strategies, including but not
limited to:
(a) Job exploration by the
individual;
(b) Working with an employer
to facilitate placement, including:
(A) Customizing a job description
based on current employer needs or on previously unidentified and unmet employer
needs;
(B) Developing a set of job
duties, a work schedule and job arrangement, and specifics of supervision, performance
evaluation and review, and determining a job location;
(C) Representation by a professional
chosen by the individual, or self-representation of the individual, in working with
an employer to facilitate placement; and
(D) Providing services and
supports at the job location.
(14) "Department" means the
Department of Human Services.
(15) "Eligible individual"
means an applicant for vocational rehabilitation services who meets the eligibility
requirements of 34 CFR 361.42(a).
(16) "Employment outcome"
means, with respect to an individual, entering or retaining full-time or, if appropriate,
part-time integrated competitive employment, as defined in OAR 582-001-0010(12),
in the integrated labor market, supported employment, or any other type of employment
in an integrated setting, including customized employment, self-employment, telecommuting,
or business ownership, that is consistent with an individual's strengths, resources,
priorities, concerns, abilities, capabilities, interests, and informed choice.
(17) "Extended employment"
means work in a non-integrated or sheltered setting for a public or private nonprofit
agency or organization that provides compensation in accordance with the Fair Labor
Standards Act.
(18) "Extended services"
means ongoing support services and other appropriate services that are needed to
support and maintain an individual with a most significant disability in supported
employment and that are:
(a) Provided singly or in
combination and are organized and made available in such a way as to assist an eligible
individual in maintaining supported employment;
(b) Based on a determination
of the needs of an eligible individual, as specified in an individualized plan for
employment; and,
(c) Provided by a State agency,
a private nonprofit organization, employer, or any other appropriate resource, from
funds other than Vocational Rehabilitation funds after an individual with a most
significant disability has made the transition from support provided by the Program.
(19) "Extreme medical risk"
means a probability of substantially increasing functional impairment or death if
medical services, including mental health services, are not provided expeditiously.
(20) "Family member," for
purposes of receiving vocational rehabilitation services in accordance with 34 CFR
361.48(i), means an individual who:
(a) Is a relative or guardian
or lives in the same household of an applicant or eligible individual; and
(b) Has a substantial interest
in the well-being of that individual; and
(c) Whose receipt of vocational
rehabilitation services is necessary to enable the applicant or eligible individual
to achieve an employment outcome.
(21) "Impartial hearing officer"
means an individual who:
(a) Is not an employee of
a public agency (other than an administrative law judge, hearing examiner, or employee
of an institution of higher education). An individual is not considered to be an
employee of a public agency for the purposes of this definition solely because the
individual is paid by the agency to serve as a hearing officer;
(b) Is not a member of the
State Rehabilitation Council for the Program;
(c) Has not been involved
previously in the vocational rehabilitation of the applicant or eligible individual;
(d) Has knowledge of the
delivery of vocational rehabilitation services, the State plan, and the Federal
and State regulations governing the provision of services;
(e) Has received training
with respect to the performance of official duties; and
(f) Has no personal, professional,
or financial interest that would be in conflict with the objectivity of the individual.
(22) "Individual with a disability"
means an individual:
(a) Who has a physical or
mental impairment; and
(b) Whose impairment constitutes
or results in a substantial impediment to employment; and
(c) Who can benefit in terms
of an employment outcome from the receipt of vocational rehabilitation services.
(23) "Individual with a most
significant disability" means an eligible individual who:
(a) Has a severe mental or
physical impairment that seriously limits two or more functional capacities in mobility,
communication, self-care, self-direction, interpersonal skills, work tolerance,
or work skills in terms of an employment outcome; and
(b) Is expected to require
two or more vocational rehabilitation services over an extended period of time to
achieve or maintain a successful employment outcome.
(24) "Individual with a significant
disability" means an eligible individual who does not qualify as an individual with
a most significant disability as defined in section (23); and
(a) The individual is currently
receiving or eligible to receive Social Security Income or Social Security Disability
Insurance payments; or
(b) The individual:
(A) Has a severe mental or
physical impairment that seriously limits one functional capacity in mobility, communication,
self-care, self-direction, interpersonal skills, work tolerance, or work skills
in terms of an employment outcome; and
(B) Is expected to require
two or more vocational rehabilitation services over an extended period of time to
achieve or maintain a successful employment outcome.
(25) “The Individualized
Plan for Employment” (IPE) is a blueprint or action plan for attaining the
individual’s vocational objective. The IPE identifies services necessary to
assist the individual to prepare for, secure, retain, or regain an employment outcome
consistent with his or her strengths, resources, priorities, concerns, abilities,
capabilities, interests and informed choice. The IPE identifies the employment objective,
approved service providers, all program costs, time frames, and the individual’s
responsibilities under the plan.
(26) “Informed Choice”
means that individuals who are applicants for vocational rehabilitation services
or eligible individuals receiving such services must be active and full partners
throughout the vocational rehabilitation process. Program participants must have
the opportunity to make meaningful decisions during assessment for eligibility and
in the selection of the employment outcome, services needed to achieve the outcome,
service providers, and method of securing services. The Program shall provide information
and support services sufficient to inform each applicant and eligible individual
about the availability of and opportunity to exercise informed choice
(27) "Integrated setting
with respect to providing services” means a setting typically found in the
community in which applicants or eligible individuals interact with non-disabled
individuals other than non-disabled individuals who are providing services to those
applicants or eligible individuals;
(28) “Integrated setting
with respect to an employment outcome” means a setting typically found in
the community in which applicants or eligible individuals interact with non-disabled
individuals, other than non-disabled individuals who are providing services to those
applicants or eligible individuals, to the same extent that non-disabled individuals
in comparable positions interact with other persons.
(29) "Maintenance" means
monetary support provided to an individual for expenses, such as food, shelter,
and clothing, that are in excess of the normal expenses of the individual and that
are necessitated by the individual's participation in an assessment for determining
eligibility and vocational rehabilitation needs or the individual's receipt of vocational
rehabilitation services under an individualized plan for employment.
(30) "Mediation" means the
act or process of using an independent third party to act as a mediator, intermediary,
or conciliator to assist individuals in settling differences or disputes prior to
pursuing formal administrative or other legal remedies. Mediation under the Program
must be conducted in accordance with the requirements in 34 CFR 361.57(d) by a qualified
and impartial mediator as defined in 34 CFR 361.5(b)(43).
(31) "Ongoing support services,"
as used in the definition of ''Supported employment''
(a) Means services that are:
(A) Needed to support and
maintain an individual with a most significant disability in supported employment;
(B) Identified based on a
determination by the Program of the individual's need as specified in an individualized
plan for employment; and
(C) Furnished by the Program
from the time of job placement until transition to extended services, unless post-employment
services are provided following transition, and thereafter by one or more extended
services providers throughout the individual's term of employment in a particular
job placement or multiple placements if those placements are being provided under
a program of transitional employment;
(b) Must include an assessment
of employment stability and provision of specific services or the coordination of
services at or away from the worksite that are needed to maintain stability based
on:
(A) At a minimum, twice-monthly
monitoring at the worksite of each individual in supported employment; or
(B) If under specific circumstances,
especially at the request of the individual, the individualized plan for employment
provides for off-site monitoring, twice monthly meetings with the individual;
(c) Consist of:
(A) Any particularized assessment
supplementary to the comprehensive assessment of rehabilitation needs;
(B) The provision of skilled
job trainers who accompany the individual for intensive job skill training at the
work site;
(C) Job development and training;
(D) Social skills training;
(E) Regular observation or
supervision of the individual;
(F) Follow-up services including
regular contact with the employers, individuals, parents, family members, guardians,
advocates or authorized representatives of the individuals, and other suitable professional
and informed advisors, in order to reinforce and stabilize the job placement;
(G) Facilitation of natural
supports at the worksite;
(H) Any other service identified
in the scope of vocational rehabilitation services for individuals, described in
34 CFR 361.48; or
(I) Any service similar to
the foregoing services.
(32) "Program" means Vocational
Rehabilitation.
(33) "Parent or Guardian"
means a person having legal responsibility for the overall welfare and well-being
of an individual under age 18 or an individual who, if over age 18, is considered
legally incompetent.
(34) "Personal assistance
services" means a range of services provided by one or more persons designed to
assist an individual with a disability to perform daily living activities on or
off the job that the individual would typically perform without assistance if the
individual did not have a disability.
(35) “Qualified Personnel”
means an individual licensed or certified by the state or an individual who maintains
an equivalent licensure or certification from another state to make the diagnosis
of an applicant’s impairment.
(36) “Pre-Employment
Transition Services” means services provided in accordance with Public Law
No: 113-128, Title IV--Amendments to the Rehabilitation Act of 197, Section 113.
(a) “Required Activities”
provided with funds reserved under Section 110 29 U.S.C. 730, and any funds made
available from State, local, or private funding sources shall be used to make available
to students with disabilities for
(A) Job exploration counseling;
(B) Work-based learning experiences,
which may include in-school or after school opportunities, or experience outside
the traditional school setting (including internships), that is provided in an integrated
environment to the maximum extent possible;
(C) Counseling on opportunities
for enrollment in comprehensive transition or postsecondary educational programs
at institutions of higher education;
(D) Workplace readiness training
to develop social skills and independent living; and
(E) Instruction in self-advocacy,
which may include peer mentoring.
(b) “Authorized Activities”
provided with funds available under subsection (a) and remaining after the provision
of the required activities described in subsection (a) may be used to improve the
transition of students with disabilities described in subsection (a) from school
to postsecondary education or an employment outcome by:
(A) Implementing effective
strategies to increase the likelihood of independent living and inclusion in communities
and competitive integrated workplaces;
(B) Developing and improving
strategies for individuals with intellectual disabilities and individuals with significant
disabilities to live independently, participate in postsecondary education experiences,
and obtain and retain competitive integrated employment;
(C) Providing instruction
to vocational rehabilitation counselors, school transition personnel, and other
persons supporting students with disabilities;
(D) Disseminating information
about innovative, effective, and efficient approaches to achieve the goals of this
section;
(E) Coordinating activities
with transition services provided by local educational agencies under the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.);
(F) Applying evidence-based
findings to improve policy, procedure, practice, and the preparation of personnel,
in order to better achieve the goals of this section;
(G) Developing model transition
demonstration projects;
(H) Establishing or supporting
multistate or regional partnerships involving States, local educational agencies,
designated State units, developmental disability agencies, private businesses, or
other participants to achieve the goals of this section; and
(I) Disseminating information
and strategies to improve the transition to postsecondary activities of individuals
who are members of traditionally unserved populations.
(c) “Pre-Employment
Transition Coordination” means each local office of the Program shall carry
out responsibilities consisting of:
(A) Attending individualized
education program meetings for students with disabilities, when invited;
(B) Working with the local
workforce development boards, one-stop centers, and employers to develop work opportunities
for students with disabilities, including internships, summer employment and other
employment opportunities available throughout the school year, and apprenticeships;
(C) Working with schools,
including those carrying out activities under section 614(d)(1)(A)(i)(VIII) of the
Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(1)(A)(i)(VIII)),
to coordinate and ensure the provision of pre-employment transition services; and
(D) When invited, attend
person-centered planning meetings for individuals receiving services under title
XIX of the Social Security Act (42 U.S.C. 1396 et seq.).
(37) "Physical and mental
restoration services" means:
(a) Corrective surgery or
therapeutic treatment that is likely, within a reasonable period of time, to correct
or modify substantially a stable or slowly progressive physical or mental impairment
that constitutes a substantial impediment to employment;
(b) Diagnosis and treatment
for mental or emotional disorders by qualified personnel in accordance with State
licensure laws;
(c) Dentistry;
(d) Nursing services;
(e) Necessary inpatient or
outpatient care hospitalization in connection with surgery or treatment and clinic
services;
(f) Drugs and supplies;
(g) Prosthetic and orthotic
devices;
(h) Eyeglasses and visual
services, including visual training, and the examination and services necessary
for the prescription and provision of eyeglasses, contact lenses, microscopic lenses,
telescopic lenses, and other special visual aids prescribed by personnel that are
qualified in accordance with State licensure laws (ORS 683);
(i) Podiatry;
(j) Physical therapy;
(k) Occupational therapy;
(l) Speech or hearing therapy;
(m) Mental health services;
(n) Treatment of either acute
or chronic medical complications and emergencies that are associated with or arise
out of the provision of physical and mental restoration services, or that are inherent
in the condition under treatment;
(o) Special services for
the treatment of individuals with end-stage renal disease, including transplantation,
dialysis, artificial kidneys, and supplies; and
(p) Other medical or medically
related rehabilitation services.
(38) "Physical or mental
impairment" means:
(a) Any physiological disorder
or condition, cosmetic disfigurement, or anatomical loss affecting one or more of
the following body systems: neurological, musculo-skeletal, special sense organs,
respiratory (including speech organs), cardiovascular, reproductive, digestive,
genitourinary, hemic and lymphatic, skin, and endocrine; or
(b) Any mental or psychological
disorder such as mental retardation, organic brain syndrome, emotional or mental
illness, and specific learning disabilities.
(39) "Post-employment services"
means the services identified in 34 CFR 361.48 that are provided subsequent to the
achievement of an employment outcome and that are necessary for an individual to
maintain, regain, or advance in employment, consistent with the individual's strengths,
resources, priorities, concerns, abilities, capabilities, interests, and informed
choice.
(40) "Provider of community
rehabilitation services" means any community rehabilitation program, business, or
independent contractor that is paid by the Program to provide any service listed
in OAR 582-001-0010(11).
(41) "Qualified and impartial
mediator" means an individual who:
(a) Is not an employee of
a public agency (other than an administrative law judge, hearing examiner, employee
of a State office of mediators, or employee of an institution of higher education).
An individual serving as a mediator is not considered to be an employee of a public
agency for the purposes of this definition solely because the individual is paid
by a public agency to serve as a mediator;
(b) Is not a member of the
State Rehabilitation Council for the Program;
(c) Has not been involved
previously in the vocational rehabilitation of the applicant or eligible individual;
(d) Is knowledgeable of the
vocational rehabilitation program and the applicable Federal and State laws, regulations,
and policies governing the provision of vocational rehabilitation services;
(e) Has been trained in effective
mediation techniques consistent with any State-approved or -recognized certification,
licensing, registration, or other requirements; and
(f) Has no personal, professional,
or financial interest that would be in conflict with the objectivity of the individual
requesting mediation during the mediation proceedings.
(42) "Rehabilitation engineering"
means the systematic application of engineering sciences to design, develop, adapt,
test, evaluate, apply, and distribute technological solutions to problems confronted
by individuals with disabilities in functional areas, such as mobility, communications,
hearing, vision, and cognition, and in activities associated with employment, independent
living, education, and integration into the community.
(43) "Rehabilitation technology"
means the systematic application of technologies, engineering methodologies, or
scientific principles to meet the needs of, and address the barriers confronted
by, individuals with disabilities in areas that include education, rehabilitation,
employment, transportation, independent living, and recreation. The term includes
rehabilitation engineering, assistive technology devices, and assistive technology
services.
(44) "Representative" means
any person identified by the individual as being authorized to speak or act on behalf
of the individual or to assist the individual any matter pertaining to services
of the Program, unless a representative has been appointed by a court to represent
the individual, in which case the court-appointed representative is the individual's
representative.
(45) "State plan" means the
State plan for vocational rehabilitation services submitted by the Program under
34 CFR 361.10.
(46) "Substantial impediment
to employment" means a physical or mental impairment that (in light of medical,
psychological, vocational, educational, communication, and other related factors)
hinders an individual from preparing for, entering into, engaging in, or retaining
employment consistent with the individual's unique strengths, resources, priorities,
concerns, abilities and capabilities.
(47) "Supported employment"
means: competitive integrated employment, customized employment, or employment in
an integrated work setting in which individuals are working on a short-term basis
toward competitive integrated employment, that is individualized and customized
consistent with the strengths, abilities, interests, and informed choice of the
individuals involved, for individuals with the most significant disabilities and:
(a) For whom competitive
integrated employment has not historically occurred; or
(b) For whom competitive
integrated employment has been interrupted or intermittent as a result of a significant
disability; and
(c) Who, because of the nature
and severity of their disability, need intensive supported employment services and
extended services after the transition described in section (49), in order to perform
the work involved.
(48) "Supported employment
services" means ongoing support services, including customized employment, needed
to support and maintain an individual with a most significant disability in supported
employment, that are:
(a) Provided singly or in
combination and are organized and made available in such a way as to assist an eligible
individual to achieve competitive integrated employment;
(b) Based on a determination
of the needs of an eligible individual, as specified in an individualized plan for
employment; and
(c) Provided by the designated
State unit for a period of not more than 24 months, except that period may be extended,
if necessary, in order to achieve the employment outcome identified in the IPE.
(49) "Transportation" means
travel and related expenses that are necessary to enable an applicant or eligible
individual to participate in a vocational rehabilitation service, including expenses
for training in the use of public transportation vehicles and systems.
(50) "Vocational rehabilitation
services":
(a) If provided to an individual,
means those services listed in 34 CFR 361.48; and
(b) If provided for the benefit
of groups of individuals, also means those services listed in 34 CFR 361.49.
(51) “Vocational rehabilitation
training” means skill training in which the basis and focus of the training
are individualized or customized. Vocational rehabilitation training may include
focus on disability related issues as those issues impact the skills training. Vocational
rehabilitation training may include, but is not limited to:
(a) Supported employment;
(b) Disability and related
skills training;
(c) On the job training;
(d) One-on-one specialized
business training provided to individuals who are working to establish their own
business;
(e) Customized training offered
by an employer to a group of individuals for the purpose of training and possibly
hiring the individuals.
(52) “Vocational training”
means skills training for a specific occupation.
[Publications: Publications referenced
are available from the agency.]
Stat. Auth.: ORS 344.530
Stats. Implemented: ORS 344.530,
344.550, 344.560, 344.570 & 344.590
Hist.: VRS 5-2004, f. &
cert. ef. 8-5-04; VRS 2-2005, f. 4-20-05, cert. ef. 7-1-05; VRS 1-2008, f. &
cert. ef. 2-4-08; VRS 2-2008, f. & cert. ef. 3-3-08; VRS 3-2008, f. & cert.
ef. 4-10-08; VRS 4-2008(Temp), f. 12-18-08, cert. ef. 12-19-08 thru 6-16-09; VRS
2-2009, f. & cert. ef. 3-27-09; VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11
thru 8-28-11; VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11; VRS 1-2014, f. 12-30-14,
cert. ef. 1-1-15

The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
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