Waivers and Exceptions
(1)The Authority may grant a waiver, deadline extension, or exception to the reporting and validation requirements.
(2)Mandatory reporters shall notify the Authority of their inability to meet requirements.
(a)A mandatory reporter shall submit a Waiver or Exception of Reporting Requirements Form (APAC-1) to the Authority. Mandatory reporters may submit an APAC-1 form for the following reasons:
(A)To request an exception to the data file layout, format or threshold prior to data submission. The request shall be submitted 14 calendar days prior to the applicable reporting deadline;
(B)To request a deadline extension for any of the following scenarios: initial submission, data correction or validation. The request shall be submitted 14 calendar days prior to the applicable reporting deadline; or
(C)To request a waiver of all reporting or validation requirements. The request shall be submitted 60 calendar days prior to the applicable reporting deadline.
(b)Mandatory reporters seeking exception requests for data element formats or thresholds during the current data file submissions shall submit a request to the Authority’s data vendor, using the data vendor’s online interface. Requests must be made at time of quarterly submission.
(c)The Authority shall approve or deny the waiver or exception request and provide written notification to the requestor within 14 calendar days of receipt of the request.
(d)If the Authority denies the request, the requestor may appeal the denial by requesting a contested case hearing. The appeal must be filed within 30 business days of the denial. The appeal process is conducted pursuant to ORS Chapter 183 (Administrative Procedures Act) and the Attorney General’s Uniform and Model rules of Procedure for the Office of Administrative Hearings, OAR 137-003-0501 (Rules for Office of Administrative Hearings) to 137-003-0700 (Stay Proceeding and Order). The requestor shall have the burden to prove a compelling need for the waiver or exception.
(e)The waiver or exception shall expire at the end of the calendar year unless otherwise specified by the Authority.
Rule 409-025-0140 — Waivers and Exceptions,