- (1) The Program is required to implement an Order of Selection when it anticipates that it will not have sufficient fiscal or personnel resources to fully serve all eligible individuals.
- (2) The Rehabilitation Act, as amended by the Workforce Innovation and Opportunity Act (WIOA), requires the Program to serve individuals with the most significant disabilities (MSD) first when there are not enough resources to serve everyone who is eligible for Program services. Individuals with the most significant disabilities shall be given priority over those with less significant disabilities. (34 CFR § 361.36)
(3) The purpose of these rules is to:
- (a) Describe the procedures and criteria that shall be used to determine the need for an Order of Selection;
- (b) Determine the basis for the assignment of eligible individuals to priority categories;
- (c) Identify exceptions to the priority categories; and
- (d) Describe the administration of the Order of Selection.
(4) These rules shall only apply if:
- (a) The Program determines that an Order of Selection is required;
- (b) The decision to enact the Order of Selection is reflected in the State Plan;
- (c) The Program determines the priority categories that shall be served under the order; and
- (d) A request to enter Order of Selection is approved by the Rehabilitation Services Administration (RSA).
Statutory/Other Authority
ORS 344.530 & 344.570
Statutes/Other Implemented
ORS 344.511 - 344.690 & 344.710 - 344.730
History
VRS 4-2025, amend filed 10/28/2025, effective 10/31/2025
VRS 2-2025, temporary amend filed 06/04/2025, effective 06/06/2025 through 12/02/2025
VRS 5-2020, adopt filed 06/01/2020, effective 06/08/2020