OAR 291-203-0090
Hearing/Appeal Rights, Effect of Final Order
(1)
If an inmate or the inmate’s authorized representative disagrees with any Ability-to-Pay Order issued by the department, the inmate or the inmate’s authorized representative may request a contested case hearing. The request must be postmarked within 60 days from the date of the mailing of the Ability-to-Pay Order.(2)
If the inmate or the inmate’s authorized representative makes a timely request for a contested case hearing, the hearing and any appeal of the final hearing order shall be governed by ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.497 (Awarding costs and attorney fees when finding for petitioner). If the inmate or the inmate’s authorized representative fails to make a timely request for a contested case hearing, the Ability-to-Pay Order shall be final and not subject to judicial review, except as subsequently modified by the department as provided in 179.640 (Determination of ability to pay)(5).(3)
On appeal, regardless of other information presented, payment of the full cost of care may be ordered if the inmate or the inmate’s authorized representative refuses to produce financial information that the hearings officer determines is relevant and must be produced.(4)
Effect of Order on Authorized Representatives:(a)
An authorized representative who has not had an opportunity to request a contested case hearing, either because the authorized representative was not appointed at the time of the Ability-to-Pay Order became final, or was not given notice of the Ability-to-Pay Order as required by ORS 179.640 (Determination of ability to pay)(4), shall not be bound by the department’s order. To bind the authorized representative, the department must reissue the Ability-to-Pay Order and provide notice to the authorized representative as required by 179.640 (Determination of ability to pay)(4).(b)
The authorized representative shall have the same appeal rights as if the order had originally been issued to the authorized representative.(c)
After the order becomes final, the authorized representative shall be bound by the order as provided in ORS 179.653 (Unpaid costs as lien on property).(d)
The department will not issue an execution of a lien or foreclose against property held by or in the control of the authorized representative until the authorized representative is bound by the department’s order as provided in ORS 179.653 (Unpaid costs as lien on property).
Source:
Rule 291-203-0090 — Hearing/Appeal Rights, Effect of Final Order, https://secure.sos.state.or.us/oard/view.action?ruleNumber=291-203-0090.