Notice of Proposed Action
(1)Prior to issuing a notice of proposed action, the Department shall notify the facility of a potential deficiency or failure to report that may give rise to the imposition of a penalty. The Department shall issue a 30 day notification letter within 30 calendar days of the report or payment due date. The facility shall have 30 calendar days from the date of the notice to respond to the notification. The Department may consider the response, if any, and any amended report under OAR 411-069-0050 (Filing an Amended Report) in its notice of proposed action. In all cases that the Department has determined that a facility has a deficiency or failure to report, the Department shall issue a notice of proposed action. The Department does not issue a notice of proposed action if the issue is resolved satisfactorily within 59 days from the date of mailing the 30 day notification letter.
(2)The Department shall issue a notice of proposed action within 60 calendar days from the date of mailing the 30 day notification letter.
(3)Contents of the notice of proposed action must include:
(a)The applicable calendar quarter;
(b)The basis for determining the corrected amount of assessment for the quarter;
(c)The corrected assessment due for the quarter as determined by the Department;
(d)The amount of assessment paid for the quarter by the facility;
(e)The resulting deficiency, which is the difference between the amount received by the Department for the calendar quarter and the corrected amount due as determined by the Department;
(f)Statutory basis for the penalty;
(g)Amount of penalty per day of delinquency;
(h)Date upon which the penalty began to accrue;
(i)Date the penalty stopped accruing or circumstances under which the penalty shall stop accruing;
(j)The total penalty accrued up to the date of the notice;
(k)Instructions for responding to the notice; and
(l)A statement of the facility’s right to a hearing.
Rule 411-069-0100 — Notice of Proposed Action,