1. (1) Applicants or eligible individuals, who are not otherwise able to receive services under an Order of Selection, may request to receive specific services or equipment to maintain their current employment under OAR 582-100-0011(3)(b).
2. (2) Only services or equipment that an individual needs to maintain current employment may be provided under this exception. This means that if the individual needs services not directly tied to maintaining current employment, the individual's ability to receive those services from the Program depends on the individual's placement in the State's Order of Selection. (Section 101(a)(5)(D) of the Rehabilitation Act and 34 CFR 361.36(a)(3)(v))

3. (3) In order to qualify for services or equipment under OAR 582-100-0011, the individual must:

   1. (a) Be eligible for services under 34 CFR 361.42.
   2. (b) Not otherwise be able to receive Program services or equipment under the Order of Selection; and
   3. (c) Be at immediate risk of losing their current job related to a disability related barrier if not provided with specific services or equipment in the near future, which means no more than two months or 60 calendar days.
4. (4) The Program shall only provide the specific services or equipment necessary for the eligible individual to maintain their current employment.

5. (5) The Program counselor shall document in the eligible individual’s file:

   1. (a) Evidence of the immediate risk of the individual losing their current employment; and,
   2. (b) The specific services or equipment necessary to maintain the individual’s employment.
6. (6) The Program shall not determine that an eligible individual is at immediate risk of losing their current job under subsection (3)(c) of this rule, if that risk is based on the individual choosing to voluntarily leave their current employment.
7. (7) The Program shall determine whether an individual qualifies for this limited exception under this rule within 15 calendar days of an eligible individual’s request and providing documentation that they are eligible for services under the exception. Individual requests for limited exception may occur while the individual applies for Program services or on the Order of Selection waiting list and at risk of employment loss (see (3)(c) of this rule.
8. (8) An individual who requests the limited exception under this rule during an Order of Selection is entitled to notice of the Program’s determination and dispute resolution rights to challenge that determination, as described in OAR chapter 582, division 20.

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