In addition to the procedures set forth in the Attorney General’s Model Rules of Procedure for Contested Cases, and the procedures set forth in 29 USC § 722(c) and 34 C.F.R. § 361.57, the following shall apply to impartial fair hearings:

1. (1) Commission shall refer a completed and timely request for impartial fair hearing, as described in OAR 585‐025‐0030, to OAH.
2. (2) The hearing shall be held at a time consistent with OAR 585‐025‐0030.
3. (3) The hearing shall be held in a location that is convenient and accessible, as agreed to by the client and Commission.
4. (4) Hearings shall be conducted in person, unless agreed to by the client and Commission.
5. (5) The parties shall have the opportunity to submit documentary evidence, to testify, and to call and cross‐examine witnesses.

6. (6) On reviewing the evidence presented, the ALJ shall:

   1. (a) Issue a written decision based on relevant state and federal statutes and regulations, and Commission’s rules; and
   2. (b) Provide the written decision to the client, or, as appropriate, the client’s representative, and to Commission.
7. (7) The ALJ shall have the authority to render a decision and require Commission take actions consistent with that decision regarding the client’s vocational rehabilitation services.

Statutory/Other Authority

ORS 346.150 & ORS 183.341

Statutes/Other Implemented

ORS 183.341

History

CFTB 2-2021, adopt filed 02/23/2021, effective 02/24/2021