Or. Admin. Code § 274-020-0421 - Review of Loan Determinations and Other Decisions
(1) Any person adversely affected by a
decision of a DVA official may write a letter of complaint to the Director. The
Director or other designated official shall prepare and deposit in the ordinary
mail, or personally deliver, a written response within 30 days of receipt of
the written complaint.
(2) If the
Director, or other designated official supports the decision, a request may be
made for an informal hearing with a designated official at the Salem Central
Office of the DVA.
(3) A request
for an informal hearing shall be addressed to the Director and shall state the
nature of the adverse decision, the date of and the person making the decision,
and how the person requesting the hearing is adversely affected. A request for
an informal hearing must be received by the Director within 60 days of the date
of mailing or personal delivery of the response, provided for by section (1) of
this rule. If no letter of complaint was ever written, the requirement for a
letter of complaint may be waived, and the request for an informal hearing
considered if the request is received by the Director within 90 days of the
date of the decision leading to the request for an informal hearing. Unless
ODVA received written notice of a complaint, the right to a hearing (both
informal and contested) shall expire 90 days after the date the complainant had
actual knowledge of, or by the exercise of due care would have had knowledge
of, the occurrence in dispute.
(4)
Within 30 days from receipt of a request for an informal hearing, the Director
shall, by mail, notify the person making the request of the action taken on the
request which may be:
(a) Designating an
official to conduct an informal hearing;
(b) Reversing or modifying the adverse
decision;
(c) Denying the
request.
(5) Any denial
of a request for an informal hearing shall state the reason for the denial. A
request for an informal hearing may be denied if the Director finds:
(a) Litigation involving the issue in dispute
is pending or imminent;
(b) The
person making the request is not the person who would directly benefit from a
modification or reversal of the adverse decision (not the real party in
interest);
(c) A modification or
reversal of the decision would affect persons who would not be bound by the
modification or reversal (the Director is lacking power to resolve the
dispute);
(d) The request was not
received by the Director within the time allowed by section (3) of this
rule.
(6) If an official
is designated to conduct an informal hearing, the person requesting the hearing
shall be notified by mail of the name and title of the official designated and
the time and place for the hearing. A time for the hearing must be scheduled
within 60 days of the hearing request unless otherwise mutually agreed by the
parties.
(7) After conducting an
informal hearing, the designated official shall prepare and submit to the
Director for approval a written decision. Within 30 days after conducting an
informal hearing, a decision approved by the Director shall be mailed to the
person for whom the hearing was conducted.
(8) A decision of the designated official,
after approval by the Director, shall be final except when, as defined by ORS
183.310(2), a
"Contested Case" exists.
(9) When a
"Contested Case" exists, and a contested case hearing is desired, it must be
requested in writing and the request received by the Director within 20 days of
the date of the mailing of the decision of the designated official if an
informal hearing has been held, or within 20 days of service of the notice in a
contested case under ORS
183.415.
(10) Contested case hearings will be
conducted in accordance with the provisions of ORS
183.413 to
183.470 and the Attorney
General's Model Rules of Procedure, OAR 137-003-0001 to 137-003-0092
Notes
Stat. Auth.: ORS 183, ORS 406.030 & ORS 407.115
Stats. Implemented: ORS 183, ORS 406.030 & ORS 407.115
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