Or. Admin. Code § 274-040-0020 - Review of Decisions and Procedures for Hearings

(1) Any person adversely affected by a decision of an ODVA official may write a letter of complaint to the Director. The Director shall prepare and send a written response within 30 days of receipt of the written complaint.

(2) If the Director supports the ODVA official's decision, a request may be made within 60 days of the date of mailing of the director's response for an informal hearing with a designated official.

(3) A request for an informal hearing shall be addressed to the Director and shall state:

(a) The nature of the adverse decision;

(b) The date of the decision;

(c) The name of the person making the decision; and

(d) How the person requesting the hearing is adversely affected.

(4) 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.

(5) Within 30 days from receipt of a request for an informal hearing, the Director shall 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 and reason(s) for denial.

(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:

(a) 20 days of the date of the mailing of the decision of the designated official if an informal hearing has been held; or

(b) 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

Or. Admin. Code § 274-040-0020

DVA 5-1998, f. & cert. ef. 4-22-98

Stat. Auth.: ORS 183, ORS 406.030, ORS 406.040, ORS 408.360& ORS 408.380

Stats. Implemented: ORS 183, ORS 406.030, ORS 408.360 & ORS 406.040