Or. Admin. Code § 581-002-0100 - Federal Programs Appeals Process
(1) The appeal procedures required by this
rule apply to appeals of Department of Education "the Department" decisions
affecting local education agencies participating in the following federal
programs:
(a) Title I, Part A of the
Elementary and Secondary Education Act;
(b) Title I, Part C of the Elementary and
Secondary Education Act;
(c) Title
I, Part D, Subpart 2, of the Elementary and Secondary Education Act;
(d) Title II, Part A of the Elementary and
Secondary Education Act;
(e) Title
III, Part A of the Elementary and Secondary Education Act;
(f) Title IV, Part A of the Elementary and
Secondary Education Act;
(g) Title
IV, Part B of the Elementary and Secondary Education Act;
(h) Title V, Part B of the Elementary and
Secondary Education Act;
(i)
McKinney-Vento Homeless Education;
(j) Stronger Connections Grant authorized
under the Bipartisan Safer Communities Act; and
(k) American Rescue Plan-Homeless Children
Youth Programs I and II.
(2) A local education agency subject to these
rules may appeal the following:
(a) The
disapproval, in whole or in part, of a new application for participation or an
application for renewed participation;
(b) A failure to approve a new application
for participation or an application for renewed participation;
(c) The suspension of
participation;
(d) The failure to
provide funds in amounts that accord with the requirements of specific laws and
regulations;
(e) An order, in
accordance with a final State audit resolution determination, to repay misspent
or misapplied Federal funds; and
(f) The termination of further
assistance.
(3) The
Department shall notify the local education agency (Appellant) in writing of
the grounds upon which the Department based its action identified in subsection
(2) of this rule. The notice must also state the procedures for requesting an
appeal of the action. Notice means a letter sent by certified mail, return
receipt (or the equivalent private delivery service) or by email, that
describes an action or taken by the Department. The notice is considered to be
received by the Appellant when it is delivered, or sent by email. If the notice
is undeliverable, it is considered to be received by the Appellant five days
after being sent to the Appellant's last known mailing address, facsimile
number, or email address.
(4) A
request for appeal of an action identified in subsection (2) of this rule must
be in writing and must be made by the Appellant affected by such action. The
Department must receive the request for appeal no later than 30 calendar days
from the date the Appellant received the notice of Department action. The
request for appeal must allege in pleadings, affidavits, and supporting
documents that the Department violated State or Federal law, rules,
regulations, or guidelines governing the federal title program. The Department
shall deny any request for appeal that fails to:
(a) State the nature of the Appellant's
interest;
(b) Assert the facts
showing how the Appellant is adversely affected or aggrieved by the
Department's action; and
(c) Allege
that the Department violated State or Federal law, rules, regulations, or
guidelines governing the federal program.
(5) For appeals under sections 2(a) and 2(b)
of this rule, a hearing on the record will be conducted by an impartial panel
designated by the Oregon Department of Education. The impartial panel will
conduct the hearing entirely on the basis of documentation submitted unless:
(a) The impartial panel determines, after
reviewing all appropriate submissions, that an evidentiary hearing is needed to
resolve a material factual issue in dispute.
(b) The impartial panel determines, after
reviewing all appropriate submissions, that oral argument is needed to clarify
the issues in the case.
(c) At the
party's request--if after consultation with the parties-the impartial panel
determines that an evidentiary hearing or an oral argument is needed.
(d) The procedures described in section (3)
of this rule do not apply to the review conducted by the impartial panel under
this section.
(6)
Appeals under sections 2(c), 2(d), 2(e), and 2(f) of this rule shall be
conducted as a contested case hearing under ORS
183.411 to
183.471 and the Attorney
General's Model Rules of Procedure under the Administrative Procedure Act in
effect on January 1, 2012. The hearing shall be conducted by and under the
control of the Administrative Law Judge of the Office of Administrative
Hearings that is assigned to the case and must be held within 30 days of the
date of receipt by the Department of the request for appeal. The Administrative
Law Judge may set reasonable time limits for oral presentation and may exclude
or limit cumulative, repetitious, or immaterial matter.
(a) The Appellant bears the burden of proof
to show that the Department's action identified in subsection (1) of this rule
constitutes a violation of State or Federal law, rules, regulations, or
guidelines governing the Federal Education Program.
(b) Evidence of a type commonly relied upon
by reasonably prudent persons in the conduct of their serious affairs shall be
admissible. Irrelevant, immaterial or unduly repetitious evidence shall be
excluded.
(c) As soon as
practicable after the hearing, but in no case later than five calendar days
after the hearing, the Administrative Law Judge shall prepare a proposed order
and serve the proposed order on the Department and the Appellant.
(d) No later than ten calendar days after the
hearing, the Department shall either adopt the proposed order or prepare a new
final order.
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