1. (1) Unless the Authority Director or the Director’s designee determines in writing that a modification or alteration will fundamentally alter the nature or benefit of the program, service or activity, or create an undue administrative or financial burden, the Authority shall:

   1. (a) Make reasonable modifications to the policies, practices or processes of a program, service or activity when the modifications are necessary to avoid discrimination based on disability.
   2. (b) Provide aids and services or alternate format communications to individuals with disabilities where necessary to ensure an equal opportunity to participate in, and enjoy the benefits of a program, service, or activity.

2. (2) The Authority shall decide which aid, service or format may be provided without fundamental alteration or undue burden, but shall consider first the choice of the requester.

   1. (a) Except as authorized under specific programs, the Authority is not required to provide personal devices, individually prescribed devices, readers for personal use or study, or services of a personal nature.
   2. (b) The Authority shall not assess a charge or fee to an individual with a disability or any group of individuals with disabilities to cover the costs of measures required to provide the individual with a reasonable modification.

Statutory/Other Authority

ORS 413.042

Statutes/Other Implemented

ORS 413.042

History

OHA 3-2014, f. 9-10-14, cert. ef. 1-1-15
OHA 19-2011, f. 8-30-11, cert. ef. 9-1-11
OHA 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11