OAR 411-070-0435
Appeals
(1)
The Department will send letters to a provider that inform the provider of any changes made by the Department from the provider Nursing Facility Financial Statement. A provider 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 (2) or (3) of this rule, to protest the change(s).(2)
The provider may request an informal conference, by notifying the Department in writing within 30 days of receipt of the letter from the Department that informs the provider of the change(s). The request for an informal conference must be postmarked within the 30-day limit and must state, specifically, the reason(s) for requesting the conference. At the informal conference, the provider may submit documentation and explain the basis for the provider’s protest. Following the informal conference, the Department will notify the provider of its decision by mail. No judicial review is available following a decision from an informal conference. If the provider is not satisfied with the decision, the provider 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 working days of the date of the decision letter from the informal conference. If a provider is not satisfied with the results from the contested case hearing, the provider 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).(3)
As an alternative to section (2) of this rule, the provider 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 letter from the Department that informs the provider of the change(s). 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. If a provider is not satisfied with the results from the contested case hearing, the provider 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)
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 will automatically become a final order.(5)
A provider may request documentation supporting the change(s) from the Department; however, a request for documentation does not toll 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 for a written request.
Source:
Rule 411-070-0435 — Appeals, https://secure.sos.state.or.us/oard/view.action?ruleNumber=411-070-0435.