Or. Admin. Code § 413-205-0085 - Requirements Regarding Contested Case Hearings
(1) When the Department
denies an application for a Respite Certificate of Approval or
revokes certification, the respite applicant or
Certified Respite Provider has a right to request a contested
case hearing under this rule.
(2) A
respite applicant for a Respite Certificate of
Approval or renewal of a Respite Certificate of
Approval may request a contested case hearing when the
Department has mailed a proposed and final order denying the
application.
(3) A
Certified Respite Provider may request a contested case
hearing when the Department has mailed a proposed and final
order revoking certification.
(4) A
Certified Respite Provider, respite
applicant, or a respite applicant for renewal
of a Respite Certificate of Approval, may request a contested
case hearing, as provided in OAR
413-010-0505 and OAR
413-120-0460.
(5) If the Department does
not receive a request for a contested case hearing within 30 days of the date
the Department mailed the proposed and final order of
denial or revocation, the
applicant or Certified Respite Provider has
waived the right to a hearing, except as provided in OAR
413-010-0505.
(6)
Department actions when
a contested case hearing is timely requested, but such request is subsequently
withdrawn, are outlined in OAR
413-010-0530.
Notes
Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 409.010 & ORS 418.640
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