Or. Admin. Code § 125-055-0017

Current through Register Vol. 63, No. 10, October 1, 2024

Section 125-055-0017 - Record Keeping

(1) All participating OFCs must maintain current records for each Individual with a Disability employed by the organization. The records must contain the disability documentation source and when required, a Competitive Employment statement. A Competitive Employment statement is not required for Individuals with a Disability qualified by the Social Security Administration due to their disability.

(a) Competitive Employment Statement. The Competitive Employment statement is a Department form signed by the OFC executive and prepared by a person qualified by training and experience to evaluate the work potential, interests, aptitudes and abilities of Individuals with a Disability.

(b) Acceptable Disability Documentation Sources:

(A) A letter on United States Veterans Administration letterhead stating that the individual has been determined eligible for vocational services due to his or her disability;

(B) A letter on Social Security Administration letterhead stating the individual is eligible for benefits due to his or her disability;

(C) Documentation from the Oregon Department of Human Services (DHS) or a DHS-designated Community Developmental Disability Program that the individual has an existing disability. "Community Developmental Disability Program" means an entity that is responsible for planning and delivery of services for individuals with developmental disabilities operated by or under a contract with the DHS, Seniors and People with Disabilities Division or a local mental health authority;

(D) Documentation from the Oregon Commission for the Blind that the individual has been determined to have a disability;

(E) Documentation from a Qualified Mental Health Professional that the individual is determined to have mental illness. A "Qualified Mental Health Professional" means any person meeting the following minimum qualifications as defined in OAR 309-114-0005:

(i) Graduate degree in psychology;

(ii) Bachelor's or graduate degree in nursing and licensed in the State of Oregon;

(iii) Graduate degree in social work or counseling;

(iv) Graduate degree in a behavioral science field;

(v) Graduate degree in recreational art, or music therapy;

(vi) Bachelor's degree in occupational therapist and licensed by the State of Oregon; or

(vii) Bachelor's or graduate degree in a relevant area.

(F) Documentation on the Department's "Documentation of Disability" form signed by a medical professional. "Medical Professional" means an individual licensed by:

(i) The Oregon Medical Board;

(ii) The Oregon Board of Naturopathic Medicine;

(iii) The Oregon State Board of Nursing as a Nurse Practitioner; or

(iv) The State Board of Psychologist Examiners.

(2) To the full extent permitted by law, an OFC must make its records available for inspection by the Department, the Office of the Oregon Secretary of State and their officers and representatives.

(3) If an OFC, its officers, employees or agents, knowingly make any false, fraudulent or untrue statement or representation in any application, certification or record required or authorized to be created, maintained or submitted under OAR 125, chapter 055, the Department may invoke the procedures authorized by OAR 125-055-0016(6) and (7) to secure appropriate action, including but not limited to requiring the correction or cure of the violation or the termination of the OFC's participation in the Oregon Forward Program. In determining the sanction, the Department may consider the magnitude, number, and impact of the false statements or representations.

Or. Admin. Code § 125-055-0017

DAS 3-2010, f. & cert. ef. 10-8-10; DAS 3-2020, temporary amend filed 09/22/2020, effective 9/22/2020 through 3/20/2021; DAS 6-2020, amend filed 11/30/2020, effective 12/1/2020

Statutory/Other Authority: ORS 279.845(1) & 184.340

Statutes/Other Implemented: ORS 279A.025(4) & 279.835 - 279.855