Current through Register Vol. 63, No. 9, September 1, 2024
(1) Case closure shall occur when OVRS
determines that the individual does not meet one or more of the following
eligibility criteria:
(a) No disabling
condition;
(b) No impediment to
employment;
(c) Does not require
vocational rehabilitation services; or
(d) Disability too severe to benefit from
services.
(2) OVRS shall
make the ineligibility determination only after providing an opportunity for
full consultation with the individual or, as appropriate, with the individual's
representative.
(3) Ineligibility
due to 'too severe to benefit'. Prior to any determination that an individual
with a disability is incapable of benefiting from vocational rehabilitation
services, OVRS shall conduct an exploration of the individual's abilities,
capabilities, and capacity to perform in realistic work situations to determine
whether or not there is clear and convincing evidence to support such a
determination.
(a) OVRS shall develop a
written plan to assess the individual's abilities, capabilities, and capacity
to perform in work situations through the use of trial work
experiences.
(b)Trial work
experiences:
(i) Shall be in the most
integrated setting possible, consistent with the informed choice and
rehabilitation needs of the individual;
(ii) Include supported employment, on-the-job
training, and other experiences using realistic work settings; and
(iii) Shall be of sufficient variety and over
a sufficient period of time for the designated State unit to determine that:
(A) There is sufficient evidence to conclude
that the individual can benefit from the provision of vocational rehabilitation
services in terms of an employment outcome; or
(B) There is clear and convincing evidence
that the individual is incapable of benefiting from vocational rehabilitation
services.
(c)
OVRS shall provide appropriate supports, including assistive technology devices
and services and personal assistance services, to accommodate the
rehabilitation needs of the individual during the trial work
experiences.
(4) OVRS
shall notify the individual in writing of file closure due to ineligibility. As
necessary the office shall supplement notification by other appropriate modes
of communication consistent with the informed choice of the individual.
Notification shall include:
(a) Notice that
the office is closing the individual's case file;
(b) The rationale for the ineligibility
determination; and
(c) Dispute
resolution information regarding the mediation and impartial fair hearing
appeal process, as well as contact information about for the Client Assistance
Program (CAP).
(5) The
office shall refer the individual to other available programs under the
Workforce Investment Act that address the individual's training or
employment-related needs.
(6) If
the office determines the individual to be incapable of achieving an employment
outcome, the office shall:
(a) Refer the
individual to local extended employment providers; and
(b) Review the individual's file within 12
months. The individual or, if appropriate the individual's representative, may
thereafter request subsequent annual reviews. The office needs not conduct the
review if:
(A) The individual has refused the
review;
(B) The individual is no
longer present in the State;
(C)
The individual's whereabouts are unknown; or
(D) The individual's medical condition is
rapidly progressive or terminal.
Stat. Auth.: ORS
344.530
Stats. Implemented: ORS
344.511 -
344.690 &
344.710 -
344.730
