Or. Admin. R. 410-050-0830 - Hearing Process

Current through Register Vol. 60, No. 12, December 1, 2021

(1) Any hospital that receives a notice of proposed action may request a contested case hearing under ORS 183.

(2) The hospital may request a hearing by submitting a written request within 20 days of the date of the notice of proposed action.

(3) Prior to the hearing, the hospital shall meet with the Authority for an informal conference:

(a) The informal conference may be used to negotiate a written settlement agreement.

(b) If the settlement agreement includes a reduction or waiver of penalties, the agreement shall be approved and signed by the Director.

(4) Except as provided in section (5) of this rule, if the case proceeds to a hearing, the administrative law judge shall issue a proposed order. The Authority shall issue a final order.

(5) Nothing in this section shall preclude the Authority and the hospital from agreeing to informal disposition of the contested case at any time, consistent with ORS 183.415(5).

Notes

Or. Admin. R. 410-050-0830

OMAP 86-2004(Temp), f. & cert. ef. 11-9-04 thru 5-7-05; OMAP 25-2005, f. 4-15-05, cert. ef. 5-7-05; DMAP 3-2008, f. & cert. ef. 1-25-08; DMAP 52-2015, f. 9-22-15, cert. ef. 10-1-15

Stat. Auth.: ORS 413.042

Stats. Implemented: 2015 HB 2395