Or. Admin. Code § 459-001-0030 - Review of Staff Actions and Determinations Regarding Persons
(1) For purposes of
this rule, "Director" means the executive director of PERS, or an administrator
appointed by the executive director.
(2) Request for review. Any person may file
with the Director a request for review of a staff action or determination,
except as provided for in ORS
238.285,
238.450 or in Board rules on
disability retirement. The request must be filed within 60 days following the
date the staff action or determination is sent to the person requesting review.
(3) Informal conferences. Informal
conferences are available as an alternative means that may achieve resolution
of any matter under review. A request for an informal conference does not
change the time limit to file a request for review.
(4) Criteria for request. A request for
review of a staff action or determination must be in writing and set forth:
(a) A description of the staff action or
determination for which review is requested;
(b) A short statement of the manner in which
the action is alleged to be in error;
(c) A statement of facts that are the basis
of the request;
(d) Reference to
applicable statutes, rules or court decisions relied upon;
(e) A statement of the relief requested; and
(f) A request for review.
(5) Denial of request.
The Director may deny any request for review within 45 days of receipt of the
request:
(a) If the request does not contain
the information required under section (4) of this rule; or
(b) When, in the Director's view, there is no
bona fide dispute of material fact, the pertinent statutes and rules are clear
in their application to the facts, and there is no material administrative
error.
(6) If a request
is denied by the Director because it does not contain the information required
under section (4) of this rule, a requester will have one opportunity to
correct that deficiency and resubmit a request for review within 45 days of the
date of denial.
(7) Approval of
request. If the request for review is granted, the Director must issue a
written determination within 45 days of receipt of the request after:
(a) Considering the request;
(b) Directing staff to reconsider; or
(c) Directing staff to schedule an
informal conference.
(8) Extension of deadline. Any 45-day
deadline within this rule may be extended upon request in writing for an
additional 45 days.
(9) Resolution
process.
(a) In lieu of issuing a written
determination, the Director may direct staff to schedule a formal contested
case hearing. The hearing must be conducted in accordance with the Attorney
General's Model Rules of Procedure.
(b) If a request is denied or the Director's
determination is not the relief sought by the person, and the Director did not
cause a contested case hearing to be scheduled, a person may file with the
Board a request for a contested case hearing pursuant to the Attorney General's
Model Rules of Procedure.
Notes
Stat. Auth.: ORS 238.650
Stats. Implemented: ORS 183.413 - 183.470
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