OAR 411-328-0720
Individual Rights, Complaints, Notification of Planned Action, and Hearings


(1)

INDIVIDUAL RIGHTS.

(a)

A provider must protect the rights of individuals described in OAR 411-318-0010 (Individual Rights) and encourage and assist individuals to understand and exercise these rights.

(b)

Upon entry and request and annually thereafter, the individual rights described in OAR 411-318-0010 (Individual Rights) must be provided to an individual and the legal or designated representative of the individual.

(2)

COMPLAINTS.

(a)

Complaints by or on behalf of individuals must be addressed in accordance with OAR 411-318-0015 (Complaints).

(b)

Upon entry and request and annually thereafter, the policy and procedures for complaints must be explained and provided to an individual and the legal or designated representative of the individual (as applicable).

(3)

NOTIFICATION OF PLANNED ACTION. In the event that a developmental disability service is denied, reduced, suspended, or terminated, a written advance Notification of Planned Action (form SDS 0947) must be provided as described in OAR 411-318-0020 (Notification of Planned Action).

(4)

HEARINGS.

(a)

Hearings must be addressed in accordance with ORS chapter 183 and OAR 411-318-0025 (Contested Case Hearings for Reductions, Suspensions, Terminations, or Denials).

(b)

An individual or the legal or designated representative of the individual may request a hearing as provided in ORS chapter 183 and OAR 411-318-0025 (Contested Case Hearings for Reductions, Suspensions, Terminations, or Denials) for a denial, reduction, suspension, or termination of a developmental disability service or OAR 411-318-0030 (Contested Case Hearings for Provider Notices of Involuntary Reductions, Transfers, or Exits) for an involuntary reduction, transfer, or exit.

(c)

Upon entry and request and annually thereafter, a notice of hearing rights and the policy and procedures for hearings must be explained and provided to an individual and the legal or designated representative of the individual (as applicable).

Source: Rule 411-328-0720 — Individual Rights, Complaints, Notification of Planned Action, and Hearings, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=411-328-0720.

Last Updated

Jun. 8, 2021

Rule 411-328-0720’s source at or​.us