OAR 407-007-0330
Contesting a Fitness Determination
(a)
A final fitness determination of denied or approved with restrictions pursuant to OAR 407-007-0320 (Final Fitness Determinations); or(b)
A mandatory exclusion pursuant to federal law and OAR 407-007-0279 (Federal Mandatory Exclusions) if hearing rights are allowed by federal law.(a)
If an SI is denied or mandatorily excluded, the SI may not hold the position, provide services or be employed, licensed, certified, or registered, or otherwise perform in positions covered by these rules.(b)
If an SI has an approval with restrictions, the SI may only work under the terms of the restriction listed on the notice of final fitness determination.(c)
For all other SIs, the SI’s legal representative may be an Oregon licensed attorney.(6)
A hearing representative may represent BCU in contested case hearings. Alternatively, BCU may be represented by the Office of the Attorney General.(8)
After BCU receives the SI’s request for a contested case hearing, BCU may conduct an administrative review before referring the appeal to OAH.(9)
The SI may not challenge a finding of substantiated abuse or criminal conviction that was a basis for the adverse outcome under this rule. The SI has the right to contest the weight the Department has given to:(a)
The evidence;(b)
The factors used in the weighing test; or(c)
Any other information used in making the fitness determination.(a)
The contested case hearing is not open to the public.(f)
Under no circumstances shall the Department or the QE be required to place an SI in any position, nor shall the Department or the QE be required to accept services or enter into a contractual agreement with an SI.(a)
In the following situations, the notice of final fitness determination becomes the final order by default as if the SI never requested a hearing:(i)
The dismissal order is effective on the date the Department mails the dismissal order.(ii)
The Department shall review a good cause request from the SI to reinstate hearing rights if received in writing by the Department within 14 calendar days from the date of the dismissal order.
Source:
Rule 407-007-0330 — Contesting a Fitness Determination, https://secure.sos.state.or.us/oard/view.action?ruleNumber=407-007-0330
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