OAR 585-030-0025: Notice of Dispute Resolution Rights

(1) An applicant or a person eligible for vocational rehabilitation services under ORS 346 may, after receiving a Notice of Action, request review of an action taken by Commission that affects the provision of vocational rehabilitation services to the individual. The review shall consist of the right to formal mediation and/or the right to an impartial fair hearing. (2) Commission shall provide a written Notice of Dispute Resolution Rights to the client or, if appropriate, the client’s representative: (a) At the time the client applies for vocational rehabilitation services; (b) At the time the individualized plan for employment (IPE) is developed; and (c) Whenever vocational rehabilitation services are reduced, suspended, denied or terminated. (3) The Notice of Dispute Resolution Rights shall include the following information: (a) Statement about the continuum of dispute resolution processes available to the client, including problem ‐ solving, formal mediation, and an impartial fair hearing; (b) Where and how to file the request, including the names and addresses of individuals with whom requests may be filed, and relevant timeframes; (c) The procedures for the assignment of a mediator to a particular case; (d) The availability of the Client Assistance Program of Disability Rights of Oregon to assist the client with mediation or a hearing, including contact information; and (e) That interpreters and materials in alternative formats are available, if needed. (4) Commission shall make mediation available, at a minimum, when an impartial fair hearing has been requested. Mediation shall be voluntary and shall be conducted consistently with the Attorney General’s Model Rules of Collaborative Dispute Resolution, and the provisions set forth in 29 U.S.C. §722(c) and 34 C.F.R. § 361.57. (5) The fair hearing shall be an evidentiary hearing that is conducted before an ALJ in conformance with the provisions of the Attorney General’s Model Rules of Procedure for Contested Cases, and the provisions set forth in 29 U.S.C. §722(c) and 34 C.F.R. § 361.57. (6) Any mediation or fair hearing proceeding will be held at a time and place convenient and accessible to the requesting individual. Each applicant for or recipient of vocational rehabilitation services will be provided information as to their rights to and procedures concerning mediation or a fair hearing. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the Commission for the Blind.]