Or. Admin. Code § 731-065-0070 - Administrative Reconsideration Process and Final Determination

(1) Following the receipt of any Notice of Intent, a Business can request Administrative Reconsideration.

(2) Any request for Administrative Reconsideration must be in writing and received by the Department within 20 calendar days of the date of the Notice of Intent. This written request must include:

(a) The date; and

(b) A clear statement of the basis for Administrative Reconsideration; and

(c) Any supporting documentation, (including but not limited to updated financials or proof of current certification).

(3) Upon receipt of a request for Administrative Reconsideration, the disqualification or termination will be stayed while the Department reviews the request. The Department will complete this review within 30 business days and will inform the Business of the outcome of Administrative Reconsideration in writing either by rescinding the Notice of Intent or issuing a new Notice of Intent.

(4) If the Department does not rescind the Notice of Intent, the Department will issue, via Certified Mail, a Notice of Intent Following Administrative Reconsideration to Deny Participation for Failure to Meet Qualifying Criteria or Notice of Intent to Disqualify and Terminate Program Participation.

(5) The Business may request a contested case hearing under the provisions of ORS chapter 183 by submitting a written request. A written request for a contested case hearing must include:

(a) The date; and

(b) A clear statement of the basis for requesting a contested case hearing; and

(c) Any supporting documentation, (including but not limited to updated financials or proof of current certification).

(6) If no request is made, the Notice of Intent will become the Department's final determination of program eligibility.

Notes

Or. Admin. Code § 731-065-0070

DOT 7-2024, adopt filed 12/04/2024, effective 12/4/2024

Statutory/Other Authority: ORS 184.619

Statutes/Other Implemented: ORS 183 & 184.906