OAR 411-018-0020
Appeal Process
(1)
The Department will issue a notice of Disqualification to a facility when it has been determined the facility does not qualify for Certification.(2)
The notice of Disqualification must be issued within 15 business days following receipt of the completed application and informs the facility of the reasons for disqualification. A facility is entitled to an informal conference or a contested case hearing pursuant to ORS 183.413 (Notice to parties before hearing of rights and procedure)–183.470 (Orders in contested cases), as described in sections (3) or (4) of this rule, to protest the disqualification.(3)
Informal Conference.(a)
The facility may request an informal conference by notifying the Department in writing within 30 days of receipt of the notice of Disqualification.(b)
The request for an informal conference must be postmarked within the 30-day limit and must state specifically the reasons for requesting the conference.(c)
The facility may submit documentation and explain the basis for the protest at the informal conference.(d)
Following the informal conference, the Department will notify the facility of its decision by mail within 15 business days.(e)
No judicial review is available following a decision from an informal conference. If the facility is not satisfied with the decision, the facility may request a contested case hearing pursuant to ORS 183.413 (Notice to parties before hearing of rights and procedure)–183.470 (Orders in contested cases) by notifying the Department in writing of the request for the hearing within 10 business days of the date of the decision notice from the informal conference.(f)
If a facility is not satisfied with the results from the contested case hearing, the facility may petition for judicial review pursuant to ORS 183.480 (Judicial review of agency orders)–183.497 (Awarding costs and attorney fees when finding for petitioner).(4)
Contested Case Hearing.(a)
As an alternative to section (3) of this rule, the facility may request a contested case hearing pursuant to ORS 183.413 (Notice to parties before hearing of rights and procedure)–183.470 (Orders in contested cases) by notifying the Department in writing that a contested case hearing is requested, within 30 days of receipt of the notice of disqualification from the Department.(b)
The request for the contested case hearing must be postmarked within the 30-day limit and must state, specifically, the reason(s) for requesting the hearing.(c)
If a facility is not satisfied with the results from the contested case hearing, the facility may petition for judicial review pursuant to ORS 183.480 (Judicial review of agency orders)–183.497 (Awarding costs and attorney fees when finding for petitioner).(5)
If no request for an informal conference or contested case hearing is made within the specified time period, the most recent decision from the Department automatically becomes the final order.(6)
A facility may request documentation supporting the disqualification from the Department; however, a request for documentation does not extend the time period within which an informal conference or contested case must be requested. The Department will produce these work papers within 30 days of receipt of a written request.
Source:
Rule 411-018-0020 — Appeal Process, https://secure.sos.state.or.us/oard/view.action?ruleNumber=411-018-0020.