OAR 407-045-0605
Adult Abuse Investigations: Requesting a Contested Case Hearing of Substantiated Abuse Determination

(1)

This rule applies to contested case hearings on substantiated adult abuse findings made by the Department’s Office of Training, Investigation and Safety (OTIS) or the Department designees (Community Mental Health Programs or Community Developmental Disabilities Programs) under OAR 407-045-0120 (Adult Mental Health Abuse Rules: Purpose and Scope) to OAR 407-045-0495 (Oregon State Hospital Patient Abuse Investigation Rules: Disclosure of Investigation Report and Related Documents).

(2)

Contested case proceedings under this rule are conducted in accordance with the Attorney General’s model rules in OAR chapter 137, division 003, except to the extent that OAR 407-045-0120 (Adult Mental Health Abuse Rules: Purpose and Scope) to OAR 407-045-0495 (Oregon State Hospital Patient Abuse Investigation Rules: Disclosure of Investigation Report and Related Documents) are permitted to and provide for different procedures.

(3)

A contested case hearing under this rule is not open to the public and is closed to nonparticipants, except nonparticipants may attend subject to the consent of the parties and the Department, and must adhere to applicable confidentiality laws.

(4)

An Accused Person or Accused Provider (AP) who receives a Notice of Abuse Determination under OAR 407-045-0120 (Adult Mental Health Abuse Rules: Purpose and Scope) to OAR 407-045-0495 (Oregon State Hospital Patient Abuse Investigation Rules: Disclosure of Investigation Report and Related Documents) on or after March 1, 2019 may challenge that notice by filing a written, timely request for a contested case hearing. The request must be postmarked to the Department of Human Services, Office of Training, Investigations and Safety, 201 High Street, Salem, Oregon within 30 calendar days of the date of the Notice of Abuse Determination.

(5)

The Department may dismiss a request for hearing as untimely if the AP’s written explanation for missing the hearing request deadline does not meet the criteria in OAR 137-003-0528 (Late Hearing Requests)(2) and (3) for either a hearing on the merits or a limited contested case hearing about the reasons for missing the deadline.

(6)

An AP or their legal representative may withdraw a request for hearing at any time before a final order has been issued in the contested case.

(a)

The Department or the Office of Administrative Hearings (OAH) will send an order confirming the withdrawal of a hearing request to the last known address of the AP.

(b)

The AP or their legal representative may cancel the withdrawal if a written cancellation of the withdrawal is sent to the Department hearing representative and postmarked no later than 10 business days following the date of the order confirming the withdrawal.

(c)

A late cancellation of a withdrawal may be considered if the written cancellation of the withdrawal is sent the Department hearing representative and postmarked within the deadline set out in OAR 137-003-0675 (Reconsideration and Rehearing — Contested Cases)(1) following the date of the order confirming the withdrawal.

(d)

The Department will allow the late cancellation of a withdrawal filed within the deadline set out in OAR 137-003-0675 (Reconsideration and Rehearing — Contested Cases)(1) if the deadline to cancel the withdrawal was missed due to circumstances beyond the control of the AP.

(7)

The Department will refer to the Office of Administrative Hearings (OAH) the issue of allowing the late cancellation of a withdrawal filed within the deadline set out in OAR 137-003-0675 (Reconsideration and Rehearing — Contested Cases)(1) if there is a factual dispute about whether the deadline to cancel the withdrawal was missed due to circumstances beyond the control of the AP.
(8) An order dismissing a hearing request is issued when the neither the claimant or the claimant’s representative appear at the time and place specified for the hearing. The Department may reconsider and cancel the dismissal under OAR 137-003-0675 (Reconsideration and Rehearing — Contested Cases) after a timely written request of the claimant on a showing that the claimant was unable to attend the hearing and unable to request a postponement from OAH for reasons beyond claimant’s reasonable control. The Department may refer the reconsideration decision to OAH.

(9)

When the Department refers a contested case under this rule to the Office of Administrative Hearings (OAH), the Department indicates on the referral whether the Department is authorizing a proposed order, a proposed and final order (OAR 137-003-0645 (Proposed Orders in Contested Cases)(4)), or a final order.

(a)

When the Department authorizes either a proposed order or a proposed and final order, the AP may file written exceptions and written argument to be considered by the Department. The exceptions and argument must be postmarked or received at the location indicated in the OAH order not later than the 20th calendar day after service of the proposed order or proposed and final order.

(b)

When the Department authorizes proposed and final orders, if the AP does not submit timely exceptions or argument following a proposed and final order, the proposed and final order becomes a final order on the 21st calendar day after service of the proposed and final order unless the Department has issued a revised order or has notified the AP and OAH that the Department will issue the final order. When the Department receives timely written exceptions or argument, the Department issues the final order, unless the Department requests that OAH issue the final order under OAR 137-003-0655 (Further Hearing and Issuance of Final Order).

(c)

If in a contested case hearing the Office of Administrative Hearings (OAH) is authorized to issue a final order on behalf of the Department, the Department may issue the final order in the case of default.

(10)

The Department has adopted the following exceptions to the Attorney General’s model rules due to caseload volume and because the model discovery procedures would unduly complicate or interfere with the hearing process:

(a)

Upon the request of the party or AP, the Department provides work contact information -- telephone number and address -- for any Department employees expected to testify at the hearing as witnesses, except rebuttal witnesses.

(b)

Except as provided in subsection (a) of the section, the Department and any party or AP in the contested case are not required to provide the telephone numbers and addresses of witnesses.

Source: Rule 407-045-0605 — Adult Abuse Investigations: Requesting a Contested Case Hearing of Substantiated Abuse Determination, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=407-045-0605.

407‑045‑0120
Adult Mental Health Abuse Rules: Purpose and Scope 407‑045‑0130
Adult Mental Health Abuse Rules: Definitions and Acronyms 407‑045‑0140
Adult Mental Health Abuse Rules: Training for Individuals Investigating Reports of Alleged Abuse 407‑045‑0150
Adult Mental Health Abuse Rules: Initial Action on Complaints of Alleged Abuse 407‑045‑0160
Adult Mental Health Abuse Rules: Screening Activities and Initial Notices 407‑045‑0170
Adult Mental Health Abuse Rules: Assessment for and Provision of Protective Services to the Adult 407‑045‑0180
Adult Mental Health Abuse Rules: Death Reporting 407‑045‑0190
Adult Mental Health Abuse Rules: Investigation of Alleged Abuse 407‑045‑0200
Adult Mental Health Abuse Rules: Abuse Investigation Report 407‑045‑0210
Adult Mental Health Abuse Rules: Notification of Outcome 407‑045‑0220
Adult Mental Health Abuse Rules: Disclosure of the Abuse Investigation Report 407‑045‑0230
Adult Mental Health Abuse Rules: Department Investigation of Alleged Abuse 407‑045‑0240
Adult Mental Health Abuse Rules: County Multidisciplinary Teams 407‑045‑0250
Adult Developmental Disabilities Abuse Rules: Purpose and Scope 407‑045‑0260
Adult Developmental Disabilities Abuse Rules: Definitions 407‑045‑0280
Adult Developmental Disabilities Abuse Rules: Training and Qualifications for Individuals Investigating Reports of Alleged Abuse 407‑045‑0285
Adult Developmental Disabilities Abuse Rules: Initial Action on Complaints of Alleged Abuse 407‑045‑0291
Adult Developmental Disabilities Abuse Rules: Screening Activities and Initial Notices 407‑045‑0295
Adult Developmental Disabilities Abuse Rules: Assessment for and Provision of Protective Services to the Adult 407‑045‑0298
Adult Developmental Disabilities Abuse Rules: Death Reporting 407‑045‑0300
Adult Developmental Disabilities Abuse Rules: Investigation of Alleged Abuse 407‑045‑0320
Adult Developmental Disabilities Abuse Rules: Abuse Investigation and Protective Services Report 407‑045‑0325
Adult Developmental Disabilities Abuse Rules: Notifications at the Conclusion of an Investigation 407‑045‑0330
Adult Developmental Disabilities Abuse Rules: Disclosure of the Abuse Investigation and Protective Services Report and Related Documents 407‑045‑0360
Adult Developmental Disabilities Abuse Rules: Department Investigation of Alleged Abuse 407‑045‑0370
Adult Developmental Disabilities Abuse Rules: County Multidisciplinary Teams 407‑045‑0405
Oregon State Hospital Patient Abuse Investigation Rules: Purpose and Scope 407‑045‑0415
Oregon State Hospital Patient Abuse Investigation Rules: Definitions and Acronyms 407‑045‑0425
Oregon State Hospital Patient Abuse Investigation Rules: Training for Individuals Investigating Reports of Alleged Abuse 407‑045‑0435
Oregon State Hospital Patient Abuse Investigation Rules: Initial Action on Complaints of Alleged Abuse 407‑045‑0445
Oregon State Hospital Patient Abuse Investigation Rules: Screening Activities and Initial Notice 407‑045‑0455
Oregon State Hospital Patient Abuse Investigation Rules: Assessment for and Provision of Protective Services for Patients 407‑045‑0465
Oregon State Hospital Patient Abuse Investigation Rules: Investigation by the Department’s Office of Training, Investigations and Safety 407‑045‑0475
Oregon State Hospital Patient Abuse Investigation Rules: Abuse Investigation and Protective Services Report 407‑045‑0485
Oregon State Hospital Patient Abuse Investigation Rules: Notifications at the Conclusion of an Investigation 407‑045‑0495
Oregon State Hospital Patient Abuse Investigation Rules: Disclosure of Investigation Report and Related Documents 407‑045‑0605
Adult Abuse Investigations: Requesting a Contested Case Hearing of Substantiated Abuse Determination 407‑045‑0615
Adult Abuse Investigations: Lay Representation in Contested Case Hearings 407‑045‑0645
Adult Developmental Disabilities Abuse Rules: Death Reporting Reviews for Adults in Developmental Disabilities Services 407‑045‑0800
Child-In-Care Abuse Rules: Purpose 407‑045‑0820
Child-In-Care Abuse Rules: Definitions 407‑045‑0825
Child-In-Care Abuse Rules: Screening Activities 407‑045‑0835
Child-In-Care Abuse Rules: Determining Response 407‑045‑0855
Child-In-Care Abuse Rules: Notifications at the Conclusion of Screening 407‑045‑0885
Child-In-Care Abuse Rules: Investigating Reports of Abuse 407‑045‑0886
Child-In-Care Abuse Rules: Exception to Completing an Investigation 407‑045‑0887
Child-In-Care Abuse Rules: Abuse Determination 407‑045‑0890
Child-In-Care Abuse Rules: Abuse Investigation Report 407‑045‑0895
Child-In-Care Abuse Rules: Notifications at the Conclusion of an Investigation 407‑045‑0905
Child-In-Care Abuse Rules: Contested Case Proceeding for a Substantiated Abuse Determination 407‑045‑0913
Child-In-Care Abuse Rules: Lay Representation in Contested Case Hearings 407‑045‑0955
Child-In-Care Abuse Rules: Confidentiality 407‑045‑1000
Adult Residential Substance Use Disorder Investigation Rules: Purpose and Scope 407‑045‑1010
Adult Residential Substance Use Disorder Investigation Rules: Definitions 407‑045‑1020
Adult Residential Substance Use Disorder Investigation Rules: Training for OTIS Investigators and Abuse Reviewers 407‑045‑1030
Adult Residential Substance Use Disorder Investigation Rules: Initial Action on Complaints of Alleged Abuse 407‑045‑1040
Adult Residential Substance Use Disorder Investigation Rules: Screening Activities and Initial Notice 407‑045‑1050
Adult Residential Substance Use Disorder Investigation Rules: Assessment for and Provision of Protective Services for Residents 407‑045‑1060
Adult Residential Substance Use Disorder Investigation Rules: Investigation 407‑045‑1070
Adult Residential Substance Use Disorder Investigation Rules: Abuse Investigation and Protective Services Report 407‑045‑1080
Adult Residential Substance Use Disorder Investigation Rules: Notifications at the Conclusion of an Investigation 407‑045‑1090
Adult Residential Substance Use Disorder Investigation Rules: Administrative Review Process for Substantiated Findings 407‑045‑1100
Adult Residential Substance Use Disorder Investigation Rules: Issuing Final Orders 407‑045‑1110
Adult Residential Substance Use Disorder Investigation Rules: Disclosure of Investigation Report and Related Documents
Last Updated

Jun. 8, 2021

Rule 407-045-0605’s source at or​.us