Or. Admin. Code § 411-073-0140 - Dispute Resolution
(1) Informal
Dispute Resolution. Upon receipt of a Statement of Deficiencies, the facility
shall be provided an opportunity to dispute the Division's survey findings.
(a) If a facility wishes an informal
conference to dispute the Division's survey findings, the facility shall advise
the Division in writing within ten calendar days after receipt of the Statement
of Deficiencies.
(b) The facility
may not seek a delay of any enforcement action against it on the grounds the
informal dispute resolution has not been completed.
(c) If a facility is successful in
demonstrating the deficiencies should not have been cited, the Division shall
reissue the Statement of Deficiencies, removing such deficiencies and
rescinding or modifying any remedies issued for such deficiencies. The reissued
Statement of Deficiencies shall state that it supersedes the previous Statement
of Deficiencies, and shall clearly identify the date of the superseded
Statement of Deficiencies.
(2) Formal Hearing.
(a) A facility subjected to a remedy pursuant
to OAR Chapter 411, Division 73, excluding OAR
411-073-0070 (state monitoring),
shall be entitled to a contested case hearing in accordance with ORS Chapter
183 and OAR Chapter 137.
(b) If a
facility wishes a formal hearing, a written request must be received by the
Division within 10 calendar days of the informal dispute resolution decision
(if applicable) or within 60 days of the notice of remedy or notice of intent
to impose a civil money penalty, whichever is later.
(c) The facility may not seek a delay of any
enforcement action against it on the grounds the formal hearing has not been
completed. If a facility is successful in demonstrating the deficiencies should
not have been cited, the Division shall reissue the Statement of Deficiencies,
removing such deficiencies and rescinding or modifying any remedies for such
deficiencies.
Notes
Stat. Auth.: ORS 410.070
Stats. Implemented: ORS 410.070
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.