Or. Admin. R. 414-061-0120 - [Effective until 3/25/2024] Rights for Review and Contested Case Hearings
(1) CCLD shall
afford subject individuals the right to appeal a decision made by OCC that the
subject individual is denied, suspended, or removed from enrollment from the
Central Background Registry through a contested case hearing pursuant to ORS
183.413 through
183.470. Subject individuals
must submit a request for a contested case hearing in writing.
(2) CCLD does not have authority to change
decisions, records, or information from other agencies.
(3) CCLD is entitled to rely on the criminal
records, child abuse and neglect records and information, foster care and adult
protective services records and information or child abuse and neglect
information until notified that the information has been changed or corrected
in a manner that would alter the CCLD decision.
(4) To preserve the confidentiality of the
records and the privacy of the subject individual, any contested case hearing
will not be open to the public unless requested by the subject
individual.
(5) A subject
individual who is also an employee of the licensing unit of CCLD and who is
determined unsuitable for enrollment in the Central Background Registry may
appeal the determination through either the contested case process or
applicable personnel rules, policies and collective bargaining provisions. A
subject individual's decision to appeal a determination through personnel
rules, policies and collective bargaining provisions shall constitute an
election of remedies as to the rights of the subject individual with respect to
the disqualification determination and shall constitute waiver of the contested
case process.
Notes
Statutory/Other Authority: ORS 329A.030(7)
Statutes/Other Implemented: ORS 329A.030; HB 2259 (2017)
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