Or. Admin. Code § 407-012-0025 - Department Review
(1) The
Department will establish an internal review process to ensure that a notice of
restriction of access is warranted prior to issuing a written notice of
restriction of access.
(2)
Following the Department's issuance of a notice of restriction of access, the
recipient of the notice may request review of the Department's determination.
The request must be submitted to the office of the Director of the Department.
The request must be in writing and submitted, by mail or personal delivery,
within 15 business days of the date of issuance of the notice of restriction of
access. If the request is submitted by mail, it must be postmarked within 15
business days. No particular format is required for the request for review;
however, the individual should include specific grounds for requesting the
review.
(3) Upon receipt of a
request for review, the Director or an assistant director will review the
request and issue a written decision. The review may include an informal
conference. The decision will be issued within ten days of receipt of the
request for review.
(4) The
Department's decision is final.
(5)
If the Department's decision rules in favor of the individual, the restricted
individual's access restriction will be immediately lifted. If the decision is
unfavorable to the restricted individual, the restricted individual may seek
further review after six months have lapsed since the date of issuance by
following the process described in this rule.
Notes
Stat. Auth.: ORS 409.050
Stats. Implemented: ORS 409.050, 654.010
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