OAR 409-036-0120
Failure to Comply; Penalties & Appeals

(1) A loan repayment recipient who fails to complete the minimum service obligation in a qualifying practice site and does not receive a waiver shall be considered to have breached the terms of the program. The Authority shall impose a penalty on any such provider in an amount up to the sum of:
(a) The total paid from the Health Care Provider Incentive Fund to the participant or on behalf of the participant for any periods of obligated service not served;
(b) $7,500 for each month of the minimum service period not completed according to the terms of the obligation; and
(c) Interest on the above amounts at the maximum prevailing rate, as determined by the Oregon Department of Revenue, calculated from the date of breach until full repayment has been made.
(d) The participant may appeal decisions made by the Authority under the provisions of ORS Chapter 183 (Administrative Procedures Act).
(2) A loan forgiveness or scholarship recipient who fails to complete the minimum service obligation in a qualifying practice site and does not receive a waiver is considered to have breached the terms of the program. The Authority shall impose a penalty on any such provider in an amount up to the sum of:
(a) The total paid from the from the Health Care Provider Incentive Fund to the participant or on behalf of the participant plus 10 percent interest for failure to complete the recipient’s academic program;
(b) The total paid from the from the Health Care Provider Incentive Fund to the participant or on behalf of the participant plus 10 percent interest plus a 25percent penalty on the total award paid to date for failure to complete a service agreement. The Collections Unit in the Oregon Department of Revenue shall collect amounts due under ORS 293.250 (Collections Unit).
(c) The participant may appeal decisions made by the Authority under the provisions of ORS Chapter 183 (Administrative Procedures Act).
(3) A carrier found to be in breach of their agreement under this program is subject to penalties. Administrative review, for purposes of these rules, shall be the process for any appeals made to the Authority. A carrier or practitioner may request administrative review. The Authority must receive the request in writing no later than 30 calendar days after the date of the Authority’s notice. If the request for administrative review is timely, the practitioner or the carrier must provide the Authority with a copy of all relevant records and other materials relevant to the appeal, no later than 10 days before the review is scheduled.
(a) If the Authority decides that a preliminary meeting between the practitioner or carrier and Authority staff may assist the review, the Authority shall notify the individual requesting the review of the date, time, and place the meeting is scheduled.
(b) The Authority shall conduct the administrative review meeting as follows:
(A) No minutes or transcript of the review shall be made;
(B) The carrier or practitioner requesting review does not have to be represented by counsel during an administrative review meeting and shall be given the opportunity to present relevant information;
(C) Authority staff may not be available for cross-examination, but may attend and participate in the review meeting;
(D) Failure to appear without good cause constitutes acceptance of the Authority’s determination;
(E) The Authority may combine similar administrative review proceedings and meetings involving the same parties or similar facts, if the Authority determines that joint proceedings may facilitate the review;
(F) The Authority may request the appealing practitioner or carrier to submit, in writing, new information that has been presented orally. The Authority shall establish the deadline for submission of the information.
(c) The Authority shall send the results of the administrative review to the participant involved in the review, within 30 calendar days of the conclusion of the administrative review meeting, or such time as may be agreed to by the participant or designated by the Authority.
(d) The Authority’s final decision on administrative review is the final decision on appeal and binding on the parties. Under ORS 183.484 (Jurisdiction for review of orders other than contested cases), this decision is an order in other than a contested case. ORS 183.484 (Jurisdiction for review of orders other than contested cases) and the procedures in OAR 137-004-0080 (Reconsideration — Orders in Other than Contested Case) to 137-004-0092 (Stay Proceeding and Order — Orders in Other than Contested Case) apply to the Authority’s final decision on administrative review.
(e) Academic institutions providing admission-based scholarships may set penalties for default against the terms of their program.

Source: Rule 409-036-0120 — Failure to Comply; Penalties & Appeals, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=409-036-0120.

Last Updated

Jun. 8, 2021

Rule 409-036-0120’s source at or​.us