Or. Admin. Code § 411-069-0100 - Notice of Proposed Action
(1)
Prior to issuing a notice of proposed action, the Department shall notify the
facility of a potential deficiency or failure to report that may give rise to
the imposition of a penalty. The Department shall issue a 30 day notification
letter within 30 calendar days of the report or payment due date. The facility
shall have 30 calendar days from the date of the notice to respond to the
notification. The Department may consider the response, if any, and any amended
report under OAR 411-069-0050 in its notice of
proposed action. In all cases that the Department has determined that a
facility has a deficiency or failure to report, the Department shall issue a
notice of proposed action. The Department does not issue a notice of proposed
action if the issue is resolved satisfactorily within 59 days from the date of
mailing the 30 day notification letter.
(2) The Department shall issue a notice of
proposed action within 60 calendar days from the date of mailing the 30 day
notification letter.
(3) Contents
of the notice of proposed action must include:
(a) The applicable calendar quarter;
(b) The basis for determining the
corrected amount of assessment for the quarter;
(c) The corrected assessment due for the
quarter as determined by the Department ;
(d) The amount of assessment paid for the
quarter by the facility ;
(e) The
resulting deficiency , which is the difference between the amount received by
the Department for the calendar quarter and the corrected amount due as
determined by the Department ;
(f)
Statutory basis for the penalty;
(g) Amount of penalty per day of delinquency;
(h) Date upon which the penalty
began to accrue;
(i) Date the
penalty stopped accruing or circumstances under which the penalty shall stop
accruing;
(j) The total penalty
accrued up to the date of the notice;
(k) Instructions for responding to the
notice; and
(l) A statement of the
facility 's right to a hearing.
Notes
Stat. Auth.: ORS 409.050, 410.070 & 411.060
Stats. Implemented: ORS 409.750, OL 2003 Ch. 736
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