Or. Admin. R. 461-165-0430 - Child Care Provider Hearings

(1) A child care provider has a right to a contested case hearing only to contest a fitness determination that results in a denial of eligibility for payment, dispute an allegation of an overpayment of child care, or dispute a finding of suspended. Hearings to contest a fitness determination that results in a denial are governed by OAR 407-007-0330. Other hearings under this section are governed by division 461-025 of the Oregon Administrative Rules.

(2) In the case of an alleged overpayment, the child care provider may delay repayment on an overpayment until a final order is served by completing a request for hearing not later than the 45th day following the date of the overpayment notice.

(3) A child care provider whose application for listing is denied and who fails to request a hearing within the 45-day hearing request period is not eligible to reapply for listing until 180 days following the date of the denial notice.

(4) If a child care provider requests a hearing to contest a fitness determination resulting in a denial of eligibility for payment, the child care provider remains ineligible for payment pending the hearing unless the decision to deny eligibility was based on a mistake in identifying the person with the CH or CPS record.

Notes

Or. Admin. R. 461-165-0430

AFS 12-1997, f. & cert. ef. 8-25-97; AFS 17-1998, f. & cert. ef. 10-1-98; AFS 7-1999, f. 4-27-99, cert. ef. 5-1-99; AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00; SSP 4-2005, f. & cert. ef. 4-1-05; SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06; SSP 34-2017, amend filed 12/18/2017, effective 1/1/2018

Statutory/Other Authority: ORS 181.537, 411.060, 329A.500 & 409.050

Statutes/Other Implemented: ORS 181.537, 411.060, 411.095, 329A.500 & 409.010