OAR 839-006-0291
Discrimination against Persons with Disabilities by State Government: Reasonable Modifications
(1)
State government shall make reasonable modifications in services, programs or activities, including but not limited to policies and procedures, when the modifications are necessary for state government to comply with ORS 659A.142 (Discrimination against individual with disability by employment agency, labor organization, place of public accommodation or state government prohibited)(5) unless state government can demonstrate that making the modifications would result in a fundamental alteration in the nature of the service, program, or activity or would result in undue financial or administrative burdens on state government. This will be determined on a case by case basis.(2)
ORS 659A.142 (Discrimination against individual with disability by employment agency, labor organization, place of public accommodation or state government prohibited)(5) and these rules are not intended to:(a)
Create an independent entitlement to any service, program or activity of state government; or(b)
Require state government to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program or activity or would result in undue financial or administrative burdens, as determined on a case-by-case basis.(3)
In determining whether financial and administrative burdens are undue for purposes of ORS 659A.142 (Discrimination against individual with disability by employment agency, labor organization, place of public accommodation or state government prohibited)(5) and these rules, all resources available for use in the funding and operation of the service, program, or activity will be considered.(4)
Nothing in ORS 659A.142 (Discrimination against individual with disability by employment agency, labor organization, place of public accommodation or state government prohibited)(5) or these rules prohibits state government from providing benefits, services, or advantages to individuals with disabilities beyond those required by 659A.142 (Discrimination against individual with disability by employment agency, labor organization, place of public accommodation or state government prohibited)(5) or these rules.
Source:
Rule 839-006-0291 — Discrimination against Persons with Disabilities by State Government: Reasonable Modifications, https://secure.sos.state.or.us/oard/view.action?ruleNumber=839-006-0291.