OAR 839-006-0295: Discrimination against Persons with Disabilities by State Government: Provision of Auxiliary Aids and Services

(1) Except as provided for in subsection (3) of this section, state government must provide auxiliary aids and services when necessary to ensure equal access for individuals with disabilities to state government programs, services, and activities. (2) Auxiliary aids and services may include, but are not limited to: (a) Qualified interpreters, note takers, real-time computer-aided transcription services, transcription services, written materials, exchange of written notes, telephone handset amplifiers, assistive listening devices, assistive listening systems, telephones compatible with hearing aids, closed caption decoders, open and closed captioning including real-time captioning, voice, text and video-based telecommunications products and systems, including text telephones (TTYs), videophones, and captioned telephones, telecommunications devices for deaf persons (TDDs), videotext displays, computer aided real time captioning (CART), accessible electronic and information technology, or other effective methods of making aurally delivered materials available to individuals with hearing impairments; (b) Qualified readers, taped texts, audio recordings, brailed materials and displays, screen reader software, magnification software, optical readers, secondary auditory programs (SAP), large print materials, accessible electronic and information technology including e-mail, or other effective methods of making visually delivered materials available to individuals with visual impairments; (c) Acquisition or modification of equipment or devices; and (d) Other similar services and actions. (3) State government is not required to provide auxiliary aids or services that state government can demonstrate would result in a fundamental alteration in the nature of a service, program or activity of state government or would result in undue financial or administrative burdens on state government. This will be determined on a case by case basis. (4) State government may not place a surcharge to cover the costs of measures such as the provision of auxiliary aids or program accessibility, that are required to provide an individual with a disability with the nondiscriminatory treatment required by ORS 659A.142(5).