OAR 416-800-0080
Appealing a Fitness Determination
(1)
Model Rules of Procedure. OYA adopts the Attorney General’s Model Rules of Procedure OAR 137-003-0001 (Contested Case Notice) to 137-003-0092 (Stay Proceeding and Order) and 137-003-0580 (Motion for Summary Determination), effective July 2014, as procedural rules for contested case hearings. In addition to the Model Rules of Procedure adopted by OYA, the procedures set forth in this rule must apply.(2)
Process(a)
A Foster Care Provider or Foster Care Provider applicant may appeal a Fitness Determination by submitting a written request for a contested case hearing to the address specified in the notice provided under OAR 416-800-0070 (Notice to Subject Individuals of Fitness Determination).(b)
A request for a hearing from a Foster Care Provider or Foster Care Provider applicant must be received by OYA within 60 days of the date of the notice.(c)
When a timely request is received by OYA under subsection (a), a contested case hearing must be conducted by a hearing officer appointed by OYA’s Director.(3)
Time and Place of Hearings. The time and place of hearing will be set by the hearing officer. Notice of the hearing must be served on the appropriate assistant director and interested parties at least ten days in advance of the hearing date.(4)
Discovery. OYA or the hearing officer may protect information made confidential by ORS 181.534(15) or other applicable laws and rules.(5)
Disclosure of LEDS Information. Information obtained through LEDS must be disclosed only in a manner consistent with Oregon State Police rules and regulations.(6)
No Public Attendance. Contested case hearings on Fitness Determinations are closed to non-participants.(7)
Proposed and Final Order(a)
Proposed Order. After a hearing, the hearings officer will issue a proposed order.(b)
Exceptions. Exceptions, if any, must be filed within 14 calendar days after service of the proposed order. The proposed order must provide an address to which exceptions must be sent.(c)
Default. A completed final Fitness Determination made under OAR 416-800-0050 (Final Fitness Determination) becomes final:(A)
Unless the Foster Care Provider or Foster Care Provider applicant makes a timely request for hearing; or(B)
When a party withdraws a hearing request, notifies the agency or the hearing officer that the party will not appear, or fails to appear for the hearing.(8)
Remedy. The only remedy that may be awarded is a determination that the Foster Care Provider or Foster Care Provider applicant is fit. Under no circumstances must OYA be required to place a Foster Care Provider or Foster Care Provider applicant in any position, nor must OYA be required to accept services or enter into a contractual agreement with a Foster Care Provider or Foster Care Provider applicant.(9)
Challenging Criminal Offender Information. A Subject Individual may not use the appeals process established by this rule to challenge the accuracy or completeness of information provided by the Oregon Department of State Police, the Federal Bureau of Investigation, or agencies reporting information to the Oregon Department of State Police or the Federal Bureau of Investigation. To challenge information identified in this section (9), a Subject Individual may use any process made available by the agency that provided the information.
Source:
Rule 416-800-0080 — Appealing a Fitness Determination, https://secure.sos.state.or.us/oard/view.action?ruleNumber=416-800-0080.