Appeal of Examination Findings
(1)Request for a contested case hearing. Any Holder adversely affected by the findings or decision of the Department may request a contested case hearing pursuant to the provisions of ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.470 (Orders in contested cases). The request for a contested case hearing must be received by the Department within 21 days of the date of mailing or delivery of the final written report described in OAR 141-045-0121 (Procedure for Examination of Holder)(4). If a Holder fails to request a contested case herein within the time allowed, the findings and decision shall become final.
(2) Collaborative Dispute Resolution for Findings Based on Estimates. Any Holder who is adversely affected by the findings or decision of the Department where the findings or decision are based on estimates as described in OAR 98.412 (Records and reports)(4) may request the Department engage in collaborative dispute resolution. A Holder may retain the right to a contested case while requesting collaborative dispute resolution, but a request to engage in collaborative dispute resolution does not enlarge the time allowed for a Holder to request a contested case hearing, as set forth is (1) above. The Department may decline to engage in collaborative dispute resolution and set the case for a contested case hearing. If the Department decides to participate in collaborative dispute resolution the Department shall postpone the contested case hearing to give the parties a reasonable opportunity to complete the collaborative dispute resolution, but in no event shall the hearing be postponed more the 45 days from the date of the request for a contest case hearing. The collaborative dispute resolution shall consist of mediation or such other process as the parties may agree. Department and the Holder shall select a trained facilitator/mediator from a list of pre-qualified individuals and share the costs of the facilitator/mediator.
Rule 141-045-0126 — Appeal of Examination Findings,