Or. Admin. Code § 255-085-0050 - Reviews- Other Registrants

(1) Written objections trigger review consideration. Written objections are limited to contesting factual findings in the assessment and must be plain and concise. Additional documentation in support of the objection may be included and shall not exceed 10 pages. Documentation must be written on standard 8.5" x 11" white paper, each page shall have margins of at least 1" on all sides, and pages shall be consecutively numbered on the right side at either the top or bottom of the page. All objections must be indicated on forms provided by the Board and any claims or allegations included solely in the supporting documents will not be considered. All writing shall be legible and capable of being read and photocopied without difficulty.

(2) Criteria for Denying a Review:

(a) Time for objections has passed;

(b) A Hearings Officer reviewed a timely written objection to an assessment and the Board issued a final order responding to the objection;

(c) A Notice of Rights form was submitted waiving review;

(d) Non-compliance with 255-085-0050(1); or

(e) Information was already considered in a previous review.

(3) Upon the Board's receipt of relevant Written Objections, a Hearings Officer will conduct a review of the objections and supporting documents. The review will verify the information, and the Hearings Officer will prepare a decision memo responding to the written objections, detail the finding of the evaluator, and determine whether the recommendation should be changed.

(4) If the Hearings Officer's review reveals new information that changes the classification level and was not available at the time that the registrant was provided the opportunity to make objections, a new notification will be made under 255-085-0030(4) in order to give the registrant the opportunity to object to that new information. Under this section, objections are limited to the new information provided in this notification.

(5) Upon completing this review, the Hearings Officer will submit to the Board a decision memo detailing the review, as well as any information considered by the Hearings Officer.

Notes

Or. Admin. Code § 255-085-0050

PAR 3-2015(Temp), f. & cert. ef. 8-27-15 thru 2-19-16; PAR 1-2016, f. & cert. ef. 1/27/2016; PAR 1-2017(Temp), f. & cert. ef. 3-21-17 thru 9-16-17; PAR 5-2017(Temp), f. 6-30-17, cert. ef. 7-1-17 thru 12-27-17; PAR 6-2017, amend filed 12/20/2017, effective 12/20/2017; PAR 2-2019, amend filed 07/23/2019, effective 7/23/2019; PAR 5-2019, temporary amend filed 10/08/2019, effective 10/8/2019 through 04/04/2020; PAR 1-2020, amend filed 01/10/2020, effective 1/10/2020; PAR 5-2022, amend filed 08/16/2022, effective 8/16/2022

Exhibit(s) referenced are not included in rule text. Click here for PDF copy of exhibit(s).

Statutory/Other Authority: ORS 163A.100, ORS 163A.105, ORS 163A.110, ORS 163A.115 & ORS 163A.125

Statutes/Other Implemented: ORS 163A.100, ORS 163A.105, ORS 163A.110, ORS 163A.115, ORS 163A.125, Section 7, Chapter 708, Oregon Laws 2013, as amended by Section 27, Chapter 820, Oregon Laws 2015, SB 767 (2017) & HB 2320 (2015)