OAR 414-600-0045
Conditions and Process for Revocation of Eligibility; Revocation Appeals

(1) OARN may revoke a Relief Nursery’s eligibility to receive state funding if OARN determines that the Relief Nursery no longer meets eligibility requirements in accordance with OAR 414-600-0015 (Definitions) to 414-600-0120 (Confidentiality of Child and Family Data).
(2) A Relief Nursery whose eligibility to receive state funding is revoked by OARN may appeal the revocation in the manner provided in this rule.
(3) Initial Appeal to OARN.
(a) To initiate an appeal of a revocation of eligibility, a Relief Nursery must submit a written appeal request to OARN within 30 calendar days of the date that OARN issues its proposed revocation of eligibility decision letter.
(b) An appeal of a revocation decision is limited to whether OARN’s decision to revoke was based on the eligibility requirements in accordance with OAR 414-600-0015 (Definitions) to 414-600-0120 (Confidentiality of Child and Family Data).
(c) A Relief Nursery’s appeal must identify how the Relief Nursery believes OARN misapplied the eligibility requirements of OAR 414-600-0015 (Definitions) to 414-600-0120 (Confidentiality of Child and Family Data) and how that error led to OARN’s revocation of eligibility.
(d) 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.
(e) OARN’s review shall be conducted by individuals who did not participate in the revocation determination at issue in the appeal.
(f) OARN shall notify the Relief Nursery and the Division of its decision in writing within 30 calendar days of receipt of the appeal request.
(3) Request for Division Review.
(a) If a Relief Nursery is not satisfied with the outcome of its appeal to OARN, the Relief Nursery may request a review of OARN’s decision by the Division.
(b) The request for Division review must be received in writing by the Division within 30 days of the date that OARN’s written decision notification was issued.
(c) A Relief Nursery’s request for Division review must identify in writing the decision made by OARN, describe the alleged error in OARN’s decision and provide information to support the Relief Nursery’s disagreement with the decision.
(d) The Division makes all final decisions on revocation determinations. The Division’s review and final decision are limited to whether OARN’s revocation decision 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 414-600-0045 — Conditions and Process for Revocation of Eligibility; Revocation Appeals, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=414-600-0045.

Last Updated

Jun. 8, 2021

Rule 414-600-0045’s source at or​.us