OAR 582-020-0010: Definitions

(1) "Action" means a decision by the Program to deny, terminate, suspend, or reduce a client's eligibility or services. Action may include the Program's delay in making a decision to deny, terminate, suspend, or reduce a client's eligibility or services. (2) "Client" means an applicant or eligible individual of the Program. (3) "Delay" means: (a) The Program failed to make a decision regarding an action within the timeframes specified in state or federal law; or (b) If state or federal law does not impose a time limit, the client has made a dated, written request for a decision regarding a Program action and the Program has unreasonably delayed in making that decision. (4) "Due Process" means the process by which Program applicants or participants who are dissatisfied or disagree with a decision that affects the provision of vocational rehabilitation services may pursue a review. (5) "Final Order" means the written final Program action. Final order does not include any tentative or preliminary Program declaration or statement that precedes the final Program action. (6) "Formal Administrative Review (FAR)" means an impartial review by a reviewing official of the Impartial Hearing Officer's decision issued after the hearing. (7) "Good Cause" means due to unforeseen circumstances beyond the party’s control. (8) "Impartial Hearing Officer (IHO)" 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 educations; (b) Is not a member of the State Rehabilitation Council; (c) Has not been previously involved in the client's vocational rehabilitation plan; (d) Has knowledge of the delivery of vocational rehabilitation services, the vocational rehabilitation services portion of 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 could affect the individual's objectivity. (g) An individual is not considered to be an employee of a public agency for purposes of this definition because the individual is paid by the agency to serve as a hearing officer. (9) "Informal Dispute Resolution" means discussions with the Program about the resolution of a mediation or hearing request. Informal dispute resolution may occur at any time after a client files a request for mediation or hearing and, before a final mediation agreement has been signed or an order has been issued by the Impartial Hearing Officer (IHO). (10) "Impartial due process hearing or hearing" means a contested case hearing conducted by an Impartial Hearing Officer (IHO) to review the Program's proposed action. (11) "Mediation" means the act or process of using a qualified and impartial third party to act as mediator, intermediary, or conciliator to assist individuals or parties in settling differences or disputes. (12) "Notice of Proposed Action (NOPA)" means a formal written document informing the individual of a decision by the Program to deny, terminate, suspend, or reduce a client's eligibility or services. (13) "Party" means, for purposes of the dispute resolution process, the Program and the client. (14) "Problem-solving" means an informal process where the client discusses dissatisfaction with an action with the client's counselor, the counselor's supervisor, or other assigned Program employee. Problem-solving occurs before the client requests informal dispute resolution, mediation or a hearing. The client must request mediation or a hearing in order to preserve the client's appeal rights. (15) "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; (b) Is not a member of the State Rehabilitation Council; (c) Has not been involved previously in the vocational rehabilitation plan of the client; (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 could affect the individual's objectivity during the mediation proceedings. (g) An individual is not considered to be an employee of the Program for the purposes of this definition solely because the individual is paid by the Program to serve as a mediator. (16) "Representative" means an individual who represents the client or the Program in an impartial fair hearing. The client may be represented by an attorney licensed by the Oregon State Bar or any other representative authorized by law, including but not limited to the Client Assistance Program. The Program may be represented by the Attorney General's office or by a Program lay representative. (17) "Reviewing Official" means the individual who conducts the impartial administrative review of the Impartial Hearing Officer’s (IHO) decision if a party is dissatisfied with that decision. The reviewing official shall be the Director, or designee, of the Department of Human Services. The designee may not be an employee of the Program, or an individual previously involved in the vocational rehabilitation of the client, or an individual with a personal or financial conflict of interest. (18) "Unable to locate or contact the individual" means the Program has made a good faith effort to reach the individual using different appropriate modes of communication over a reasonable period and has not been able to locate or contact the individual.