Or. Admin. Code § 582-020-0125 - Formal Administrative Review

(1) A party who is dissatisfied with the decision or any part of the decision of the Impartial Hearing Officer issued on or after February 1, 2004 may seek an impartial review of the decision by filing a Request for Formal Administrative Review within 20 days of the mailing (as described at OAR 582-020-0040(4)) of the Impartial Hearing Officer decision. The request shall be in writing filed with the OVRS Dispute Resolution Coordinator at the OVRS Central Administrative Office in Salem.

(2) The Formal Administrative Review shall be conducted by a Reviewing Official, who shall be the Director of the Department of Human Services or the designee of the Director. The designee may not be an employee of OVRS, or an individual previously involved in the vocational rehabilitation of the client, or an individual with a personal or financial conflict of interest.

(3) On receipt of a timely Request for Formal Administrative Review, the OVRS Dispute Resolution Coordinator shall promptly notify the Reviewing Official and the parties to the Impartial Hearing Officer decision. The OVRS Dispute Resolution Coordinator shall provide the entire hearing record to the Reviewing Official.

(4) The Reviewing Official shall provide both parties with an opportunity to submit in writing additional evidence and information relevant to a final decision concerning the matter under review. Each party shall provide copies to the opposing party of any materials submitted directly to the Reviewing Official. If the Reviewing Official does not provide a schedule for submitting written materials, all written materials must be received by the Reviewing Official no later than 20 days after the filing date of the Request for Formal Administrative Review.

(5) The Reviewing Official shall make an independent, final decision following review of entire hearing record and provide the decision in writing, including a full report of the findings and the statutory, regulatory, or policy grounds for the decision to the client or as appropriate, the client's representative, and to the OVRS Dispute Resolution Coordinator within 30 days of the Request for Formal Administrative Review.

(6) The Reviewing Official may not overturn or modify the hearing officer's decision, or any part of that decision, that supports the position of the client unless the Reviewing Official concludes, based on clear and convincing evidence, that the decision of the Impartial Hearing Officer is clearly erroneous on the basis of being contrary to the approved State Plan, the federal Rehabilitation Act, federal vocational rehabilitation regulations, or state regulations and policies that are consistent with federal requirements.

(7) The decision of the Reviewing Official is a final order and shall be implemented unless directed otherwise by a state or federal court.

Notes

Or. Admin. Code § 582-020-0125

VRS 1-2004, f. & cert. ef. 1-30-04; VRS 3-2020, amend filed 02/21/2020, effective 3/6/2020

Statutory/Other Authority: ORS 344.530, 344.590

Statutes/Other Implemented: ORS 344.530, 344.550, 344.590