OAR 414-600-0043
Eligibility Appeals

(1) An applicant or Relief Nursery that OARN determines is not eligible to receive state funding as a Relief Nursery may appeal OARN’s eligibility determination in the manner provided in this rule.

(2) Initial Appeal to OARN.

(a) To initiate an appeal of an eligibility determination made by OARN, an applicant or Relief Nursery must submit a written appeal request to OARN within 30 calendar days after the date that OARN issues the eligibility determination letter. The appeal must identify the issues that are the subject of the appeal.

(b) An appeal of an eligibility determination is limited to whether OARN’s determination comported with the requirements of OAR 414-600-0015 (Definitions) to 414-600-0120 (Confidentiality of Child and Family Data).

(c) Upon receipt of a written appeal request, OARN shall notify the Division of the request and create an appeal file. OARN must maintain all records and documents relating to the appeal and provide copies of all records and documents relating to the appeal to the Division upon request by the Division.

(d) OARN’s review shall be conducted by individuals who did not participate in the initial eligibility determination at issue in the appeal.

(e) OARN shall notify the applicant or Relief Nursery and the Division of OARN’s decision in writing within 30 calendar days of receipt of the appeal request.

(3) Request for Division Review.

(a) If an applicant or Relief Nursery determined not eligible by OARN to receive state funds is not satisfied with the outcome of the applicant’s or Relief Nursery’s appeal to OARN, the applicant or Relief Nursery may request a review of OARN’s determination by the Division.

(b) A request for Division review must be received in writing by the Division within 30 days of the date that OARN’s written determination notification was issued.

(c) An applicant’s or Relief Nursery’s request for Division review must identify in writing the determination made by OARN, describe the alleged error in OARN’s determination and provide information to support the applicant’s or Relief Nursery’s disagreement with the determination.

(d) The Division makes all final decisions on eligibility determination appeals. The Division’s review and decision are limited to whether OARN’s initial eligibility determination comported with the requirements of OAR 414-600-0015 (Definitions) to 414-600-0120 (Confidentiality of Child and Family Data) and otherwise comports with applicable law.

Source: Rule 414-600-0043 — Eligibility Appeals, https://secure.sos.state.or.us/oard/view.action?ruleNumber=414-600-0043.

414‑600‑0005
Purpose Statement 414‑600‑0015
Definitions 414‑600‑0021
Process to Determine Eligibility to Receive State Funding as a Relief Nursery 414‑600‑0025
Eligibility of Relief Nurseries to Receive State Funding 414‑600‑0031
Minimum Requirements 414‑600‑0035
Core Services 414‑600‑0041
Monitoring Compliance 414‑600‑0043
Eligibility Appeals 414‑600‑0045
Conditions and Process for Revocation of Eligibility 414‑600‑0051
Funding 414‑600‑0055
Funding Appeals 414‑600‑0061
Coordination with the Early Learning System 414‑600‑0105
Reporting 414‑600‑0115
Mandatory Reporters 414‑600‑0120
Confidentiality of Child and Family Data

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

OAR 414-600-0043 Eligibility Appeals

OAR 414-600-0043
Eligibility Appeals