Or. Admin. Code § 414-600-0043 - Eligibility Appeals
(1) An
applicant or Relief Nursery that OARN determines is not eligible to receive
state funding as a Relief Nursery may appeal OARN's eligibility determination
in the manner provided in this rule.
(2) Initial Appeal to OARN.
(a) To initiate an appeal of an eligibility
determination made by OARN, an applicant or Relief Nursery must submit a
written appeal request to OARN within 30 calendar days after the date that OARN
issues the eligibility determination letter. The appeal must identify the
issues that are the subject of the appeal.
(b) An appeal of an eligibility determination
is limited to whether OARN's determination comported with the requirements of
OAR 414-600-0015 to
414-600-0120.
(c) Upon receipt of a written appeal request,
OARN shall notify the Department of the request and create an appeal file. OARN
must maintain all records and documents relating to the appeal and provide
copies of all records and documents relating to the appeal to the Department
upon request by the Department.
(d)
OARN's review shall be conducted by individuals who did not participate in the
initial eligibility determination at issue in the appeal.
(e) OARN shall notify the applicant or Relief
Nursery and the Department of OARN's decision in writing within 30 calendar
days of receipt of the appeal request.
(3) Request for Department Review.
(a) If an applicant or Relief Nursery
determined not eligible by OARN to receive state funds is not satisfied with
the outcome of the applicant's or Relief Nursery's appeal to OARN, the
applicant or Relief Nursery may request a review of OARN's determination by the
Department.
(b) A request for
Department review must be received in writing by the Department within 30 days
of the date that OARN's written determination notification was
issued.
(c) An applicant's or
Relief Nursery's request for Department review must identify in writing the
determination made by OARN, describe the alleged error in OARN's determination
and provide information to support the applicant's or Relief Nursery's
disagreement with the determination.
(d) The Department makes all final decisions
on eligibility determination appeals. The Department's review and decision are
limited to whether OARN's initial eligibility determination comported with the
requirements of OAR 414-600-0015 to
414-600-0120 and otherwise
comports with applicable law.
Notes
Statutory/Other Authority: ORS 326.425(7)
Statutes/Other Implemented: ORS 417.788 & ORS 417.786
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