OAR 407-005-0005: Definitions

The following definitions apply to rules 407-005-0000 through 407-005-0030: (1) "Alternate Format Communication" means printed material converted to a communication style that meets the accessibility needs of individuals with disabilities to achieve "effective communication." The types of alternate format that the Department offers include but are not limited to: large print, Braille, audiotape, electronic format (E-mail attachment, diskette, or CD-ROM) and oral presentation. (2) "Americans with Disabilities Act" is a comprehensive federal law passed in 1990, which prohibits discrimination on the basis of disability in employment, programs and services provided by state and local governments; goods and services provided by private companies; commercial facilities; telecommunications and transportation. The ADA was crafted upon a body of existing legislation, particularly the Rehabilitation Act of 1973 (Section 504), which states that no recipient of federal financial assistance may discriminate against qualified individuals with disabilities solely because of a disability. (Public Law 101-336) (3) "Auxiliary Aids or Services" mean: (a) Qualified interpreters on-site or through video remote interpreting (VRI) services; note takers; real-time computer-aided transcription services, written materials, exchange of written notes, telephone handset amplifiers, assistive listening devices, assistive listening systems, telephones compatible with hearingaids, closed caption decoders, open and closed captioning, including realtime captioning, voice, text, and video-based tekecommuniciations products and systems, including text telephones (TTYs), videophones, and captioned telephones, or equally effective telecommunications devices, videotext displays; accessible electronic and information technology, or other effective methods of making aurally delivered information available to individuals who are deaf or hard of hearing, (b) Qualified readers, taped texts, audio recordings, Brailled materials and displays, screen reader software, magnification software, optical readers, secondary auditory programs (SAP), large print materials, accessible electronic and information technology, or other effective methods of making visually delivered materials available to individuals who are blind or have low vision, (c) Acquisition or modification of equipment or devices, and (d) Other similar services and actions. (4) "Companion" means a family member, friend, or associate of an individual seeking access to any Department program or service for whom the individual with a disability has provided authorization for the Department to disclose information, consistent with OAR chapter 407, division 14. (5) "Department" means the Oregon Department of Human Services (ODHS). (6) "Direct threat" means a significant risk to the health or safety of others that cannot be eliminated or reduced to an accepted level through the provision of auxiliary aids and services or through reasonably modifying policies, practices or procedures, that person is not considered a qualified individual with a disability and may be excluded from ODHS programs services or activities. The determination of direct threat to the health and safety of others must be based on an individualized assessment relying on current medical evidence, or the best available objective evidence that shows: (a) The nature, duration and severity of the risk; (b) The probability that a potential injury will actually occur; and (c) Whether reasonable modifications of policies, practices or procedures will lower or eliminate the risk. (7) "Federal Discrimination Complaint" means a complaint by a client, client applicant or specific class of individuals or their representative(s) filed with a federal agency alleging an act of discrimination by a public entity. (8) "Individual with a Disability" means an individual who: (a) Has a physical or mental impairment that substantially limits one or more major life activities; or (b) Has a record or history of such an impairment; or (c) Is regarded as having such an impairment. (9) "Qualified Individual with a Disability" means an individual who can meet the essential eligibility requirements for the program, service or activity with or without Reasonable Modification of rules, policies or procedures, or the provision of auxiliary aids and services. (10) "Reasonable Modifications" means a modification of policies, practices or procedures made to a program or service that allows an individual with a disability to participate equally in the program or benefit from the service. (11) "Report of Discrimination" means a report filed with the Department by a client, client applicant or specific class of individuals or their representative(s) alleging an act of discrimination by the Department or a Department contractor, their agents or subcontractors, or a governmental entity under intergovernmental agreement with the Department, regarding delivery of Department services, programs or activities that are subject to Title II of the ADA or Section 504 of the Rehabilitation Act.