OAR 407-045-1080
Adult Residential Substance Use Disorder Investigation Rules: Notifications at the Conclusion of an Investigation


(1) After an abuse determination is made and the investigation report has been approved to close, OTIS shall make and document the notifications described in this rule.
(2) When an allegation is determined to be not substantiated under these rules, OTIS shall provide written notice of the outcome to the AP. A copy of this notification will be provided to:
(a) The OHA HSD specialist; and
(b) The SUD facility.
(3) When an allegation is determined to be substantiated under these rules, OTIS shall send to the AP a Notice of Substantiated Abuse and include a redacted copy of the abuse investigation report. The notice shall include:
(a) The allegation investigated and legal authority relied upon.
(b) The abuse finding and standard of proof used.
(c) An explanation of AP’s right to ask for an OTIS administrative review of the abuse finding, including information on how an abuse finding may affect employment.
(d) How to request an administrative review in writing, including the address to send the request; and state if assistance is needed in understanding the information, the AP may call OTIS with a phone number provided in the notice.
(e) A request the AP provide information as part of their written request for an OTIS administrative review.
(A) Information requested should include:
(i) Date the request for review is written;
(ii) Case number found on the notice and the redacted report;
(iii) Full name and date of birth of the AP; and current name if changed since the investigation began;
(iv) For each allegation, an explanation, responsive to the information provided in the report, stating why it is believed the substantiated abuse finding should be changed to not substantiated with any additional information or documents provided to be considered during the review;
(v) State whether they wish or do not wish to be contacted during the OTIS review for a telephone interview with current phone information provided if contact wanted;
(vi) Current mailing address and other contact information, such as email if preferred; and
(vii) A signature.
(B) Requests for reviews that do not contain all requested information outlined in (A) shall be afforded an OTIS review based on the information that is provided.
(f) Only the AP may request a review. When a SUD facility is named, then the licensee or legal representative, such as the executive director or board chair may request the review.
(g) A statement that the request shall be received by OTIS no later than 30 calendar days from the date of the Notice of Substantiated Abuse, including if the AP’s request for review is mailed, the date the letter is postmarked shall be considered the date of delivery to OTIS.
(h) A statement that if no request for review is received within 30 calendar days from the date of the Notice of Substantiated Abuse, OTIS shall issue a Final Order. This order advises the AP of the right to petition for judicial review under ORS 183.484 (Jurisdiction for review of orders other than contested cases), as an order in an “other than contested case” within 60 days of service of the final order. Petitions for review shall be filed in Marion County Circuit Court or the circuit court of the county where the AP resides or has a principal business office.
(4) OTIS shall send the notices described in (2) or (3) to the AP by all of the following:
(a) Regular mail.
(b) Certified mail with return receipt requested if an allegation is substantiated.
(c) Alternative methods such as fax or electronic mail only when the respondent has requested an alternate method.
(5) OTIS shall provide the OHA HSD specialist with a copy of any written notices sent to the AP as described in (3).
(6) OTIS shall document how the notices were provided and maintain a record of all notices.

Source: Rule 407-045-1080 — Adult Residential Substance Use Disorder Investigation Rules: Notifications at the Conclusion of an Investigation, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=407-045-1080.

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 407-045-1080’s source at or​.us