Or. Admin. Code § 411-018-0020 - Appeal Process
(1) The
Department will issue a notice of Disqualification to a facility when it has
been determined the facility does not qualify for Certification.
(2) The notice of Disqualification must be
issued within 15 business days following receipt of the completed application
and informs the facility of the reasons for disqualification. A facility is
entitled to an informal conference or a contested case hearing pursuant to ORS
183.413-183.470, as described in
sections (3) or (4) of this rule, to protest the disqualification.
(3) Informal Conference.
(a) The facility may request an informal
conference by notifying the Department in writing within 30 days of receipt of
the notice of Disqualification.
(b)
The request for an informal conference must be postmarked within the 30-day
limit and must state specifically the reasons for requesting the
conference.
(c) The facility may
submit documentation and explain the basis for the protest at the informal
conference.
(d) Following the
informal conference, the Department will notify the facility of its decision by
mail within 15 business days.
(e)
No judicial review is available following a decision from an informal
conference. If the facility is not satisfied with the decision, the facility
may request a contested case hearing pursuant to ORS
183.413-183.470 by notifying the
Department in writing of the request for the hearing within 10 business days of
the date of the decision notice from the informal conference.
(f) If a facility is not satisfied with the
results from the contested case hearing, the facility may petition for judicial
review pursuant to ORS
183.480-183.497.
(4) Contested Case Hearing.
(a) As an alternative to section (3) of this
rule, the facility may request a contested case hearing pursuant to ORS
183.413-183.470 by notifying the
Department in writing that a contested case hearing is requested, within 30
days of receipt of the notice of disqualification from the
Department.
(b) The request for the
contested case hearing must be postmarked within the 30-day limit and must
state, specifically, the reason(s) for requesting the hearing.
(c) If a facility is not satisfied with the
results from the contested case hearing, the facility may petition for judicial
review pursuant to ORS
183.480-183.497.
(5) If no request for an informal conference
or contested case hearing is made within the specified time period, the most
recent decision from the Department automatically becomes the final
order.
(6) A facility may request
documentation supporting the disqualification from the Department; however, a
request for documentation does not extend the time period within which an
informal conference or contested case must be requested. The Department will
produce these work papers within 30 days of receipt of a written
request.
Notes
Stat. Auth.: ORS 410.070
Stats. Implemented: ORS 307.808 - 307.815, 443.888 & 410.070
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