Or. Admin. Code § 582-020-0025 - Notice of Action and Notice of Procedural Rights
(1) The Program shall provide the client with
a written Notice of Action when it makes a decision to deny, terminate,
suspend, or reduce a client's eligibility or services.
(2) The Notice of Action must include the
following:
(a) The date the notice is
mailed;
(b) The information
provided in the Notice of Dispute Resolution Rights;
(c) A description of the procedure and time
to request a hearing, or a statement of the time and place of the
hearing;
(d) Statement of the
authority and jurisdiction under which the hearing is to be held;
(e) A short and plain statement about the
action the Program intends to take and the action effective date;
(f) Statement about the reason for the
action, including citations to the statutes or rules involved;
(g) Statement indicating whether and under
what circumstances an order by default may be entered;
(h) Statement regarding the right to stay the
proceedings and assistance available to active duty service members;
and
(i) Statement regarding the
right to continuing benefits under federal law.
(3) The Program shall provide a written
Notice of Procedural Rights to the client, or, the client's representative,
when the client requests a hearing.
(a) The
Notice shall include the information set forth in ORS 183.413, except to the
extent that the information was already provided to the client in the Notice of
Action.
(b) The Program's failure
to give notice of any of the items in ORS 183.413, unless notice of that item
is also required by another applicable state or federal law, does not
invalidate any determination or order of the Program unless upon an appeal from
or review of the determination or order, a court finds that the failure affects
the substantial rights of the complainant. In the event of such finding, the
court shall remand the matter to the Program for a reopening of the hearing and
shall direct the Program as to what steps it shall take to remedy the prejudice
to the rights of the complainant.
Notes
Statutory/Other Authority: ORS 344.530 & 344.590
Statutes/Other Implemented: ORS 344.511 - 344.690
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