OAR 413-010-0510
Notice

(1)

When the Department takes any of the actions described in OAR 413-010-0500 (Purpose, Right to Request Hearing, Applicable Rules, and Computation of Time)(2), the Department issues a written notice to the person that has the right to a contested case hearing.

(2)

When the Department takes any of the actions described in OAR 413-010-0500 (Purpose, Right to Request Hearing, Applicable Rules, and Computation of Time)(2)(a)-(c), the written notice must:

(a)

Specify the date the notice is mailed or personally delivered;

(b)

Specify the action the Department intends to take and the effective date of the action. If benefits are reduced or closed to reflect cost-of-living adjustments in benefits or other mass change under a program operated by a federal agency or to reflect a mass change to payments in another program operated by the Department, it is sufficient to meet this requirement that the notice state all of the following:

(A)

The general nature of the change.

(B)

Examples of how the change affects the benefits of the group of affected clients.

(C)

The month in which the change will take place.

(c)

Specify the circumstances under which payments or benefits are continued if a hearing is requested and whether continued payments or benefits may be subject to recovery by the Department if the Department’s action is upheld; and

(d)

If the Department intends to terminate benefits or payments because the individual is ineligible for the benefits or payments or the program is terminated, state that the individual may reapply for assistance if circumstances affecting the eligibility of the individual change.

(3)

Department notices indicate that the Department designates the record of the proceeding, including information in the Department’s file or files and materials added by a party, as the record upon default. When the Department issues a notice to which OAR 137-003-0672 (Default in Cases Involving an Agency Order that May Become Final Without a Request for Hearing) applies, unless another rule in OAR chapter 413 provides otherwise, the Department’s notice becomes a final order:

(a)

The day after the date prescribed in the notice as the deadline for requesting the hearing if the party fails to request a hearing; or

(b)

The day the Department or OAH mails an order dismissing the hearing request because the party withdraws the request or fails to appear on the date and at the time set for the hearing.

(4)

When the Department terminates or reduces benefits or services under subsections (2)(a) through (2)(c) of OAR 413-010-0500 (Purpose, Right to Request Hearing, Applicable Rules, and Computation of Time), the Department must send the notice:

(a)

At least 10 calendar days before the effective date of the action, except as provided in subsection (b) of this section.

(b)

When the Department changes a benefit standard that results in the reduction, suspension or closure of a grant of public assistance:

(A)

At least 30 days before the effective date of the action; or

(B)

At least 10 working days before the effective date of the action when the Department has fewer than 60 days before the effective date to implement the proposed change.

(c)

For purposes of this rule, the term “changes a benefit standard” means a change to the applicable inflation-adjusted contribution, income, or payment standard. It does not include the annual adjustment to a standard based on a federal or state inflation rate.

Source: Rule 413-010-0510 — Notice, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-010-0510.

413‑010‑0000
Definitions 413‑010‑0010
Purpose 413‑010‑0030
Protection of Information 413‑010‑0035
Prohibited Disclosures 413‑010‑0045
Mandatory Disclosure 413‑010‑0055
Mandatory Disclosure if in the Child’s Best Interest 413‑010‑0065
Discretionary Disclosure 413‑010‑0068
Disclosure of Information Exempt Under the Public Records Law 413‑010‑0075
Disclosure Procedures 413‑010‑0170
Purpose 413‑010‑0175
Definitions 413‑010‑0180
Rights of Children and Young Adults in the Legal Custody of the Department 413‑010‑0185
Department Responsibilities 413‑010‑0200
Purpose 413‑010‑0210
Department Responsibilities 413‑010‑0220
Interrogation/Polygraph 413‑010‑0230
Attorney Interview 413‑010‑0240
Other Interviews 413‑010‑0300
Purpose 413‑010‑0310
Definition 413‑010‑0320
Relative Involvement in Case Planning and Court Hearings 413‑010‑0330
Communication and Visitation 413‑010‑0340
Department Responsibility to Make Diligent Efforts to Place a Child or Young Adult with Relatives 413‑010‑0400
Purpose 413‑010‑0410
Definitions 413‑010‑0420
Right to Review 413‑010‑0430
Grievances Not Subject to These Rules 413‑010‑0440
Informal Complaint Review 413‑010‑0480
Judicial Review 413‑010‑0500
Purpose, Right to Request Hearing, Applicable Rules, and Computation of Time 413‑010‑0502
Representation 413‑010‑0505
Hearing Requests 413‑010‑0510
Notice 413‑010‑0515
Continuation of Benefits 413‑010‑0520
Informal Conference 413‑010‑0525
Burden of Proof 413‑010‑0530
Withdrawals and Dismissals 413‑010‑0535
Proposed and Final Orders 413‑010‑0700
Purpose 413‑010‑0705
Definitions 413‑010‑0710
Required Forms 413‑010‑0714
Notice and Review when the Perpetrator is a Department Employee 413‑010‑0715
Providing Notice of a CPS Founded Disposition 413‑010‑0716
Providing Notice of a CPS Founded Disposition and Other Documents to a Juvenile 413‑010‑0717
Inquiry about a Review When a CPS Founded Disposition was Made Prior to August 4, 2000 413‑010‑0718
Inquiry about a Review of a CPS Founded Disposition When a Person Believes They Have Not Received a Notice 413‑010‑0720
Information Included in the “Notice of a CPS Founded Disposition” (Form CF 313) 413‑010‑0721
Making a Request for a Review of a CPS Founded Disposition 413‑010‑0722
Determining When Legal Findings Preclude a Right to Request a Review and Providing Notice of Legal Proceeding (Form CF 317) 413‑010‑0723
Providing a Notice of Legal Finding (Form CF 318) 413‑010‑0724
Providing a Notice of Waived Rights (Form CF 316) When a Request for Review Has Been Received 413‑010‑0732
Local Child Welfare Office Responsibilities Related to Notices and Reviews 413‑010‑0735
Local Child Welfare Office Review of CPS Founded Dispositions 413‑010‑0738
Notice of Local Child Welfare Office CPS Founded Disposition Review Decision 413‑010‑0740
Requesting a Central Office Review 413‑010‑0743
Local Office Responsibilities in a Request for Central Office CPS Founded Disposition Review 413‑010‑0745
Central Office Review of CPS Founded Dispositions 413‑010‑0746
Notice of Central Office CPS Founded Disposition Review Decision 413‑010‑0748
Review Initiated by the Department 413‑010‑0750
Revising Founded Abuse Dispositions in the Department’s Electronic Information System
Last Updated

Jun. 8, 2021

Rule 413-010-0510’s source at or​.us