Or. Admin. Code § 582-020-0110 - Impartial Hearing Officer's Decision

(1) The Impartial Hearing Officer's decision shall be based on the approved State Plan, the federal Rehabilitation Act, federal vocational rehabilitation regulations, relevant state statutes, the Oregon Administrative Rules, and/or OVRS policy.

(2) The Impartial Hearing Officer shall provide a full written report of the findings and grounds for his or her decision to the client, client's representative if applicable, OVRS counselor, OVRS Agency Representative, and the OVRS Field Office within the time prescribed by OAR 582-020-0040(3).

(3) The decision of the Impartial Hearing Officer shall be final upon the date of mailing to the client and OVRS, except that either party may request a Formal Administrative Review under OAR 582-020-0125.

(4) An Impartial Hearing Officer may dismiss a client request for hearing if the client has abandoned the request. A request may be considered abandoned if:

(a) The client, following sufficient notice and attempts at contact, does not participate in a scheduled hearing; or the Impartial Hearing Officer and OVRS are unable to contact the client to schedule a pre-hearing conference or hearing; and

(b) The absence of the client prevents compliance with the hearing timeline established under OAR 582-020-0040(2).

(5) An Impartial Hearing Officer may dismiss a client request for hearing after receiving oral or written notice or confirmation from the client that the request for hearing is withdrawn.

Notes

Or. Admin. Code § 582-020-0110

VRD 4-1997, f. & cert. ef. 11-20-97; VRS 1-2004, f. & cert. ef. 1-30-04; VRS 5-2004, f. & cert. ef. 8-5-04; VRS 3-2020, amend filed 02/21/2020, effective 3/6/2020

Statutory/Other Authority: ORS 344.530(2), 344.590

Statutes/Other Implemented: ORS 183.310 - 183.550, 344.511 - 344.690, 344.710 - 344.730