OAR 436-120-0012
General Requirements For Notices and Warnings

(1)

Insurer or provider may issue. The insurer is responsible for mailing all notices and warnings required by these rules but may delegate that responsibility to the provider that is providing vocational assistance to the worker.

(2)

Required content. All notices and warnings to the worker issued under these rules must:

(a)

Use the applicable heading. If a notice is used for more than one purpose, it must include all the headings that apply;

(b)

Be in writing, signed, and dated;

(c)

State the basis for the decision;

(d)

Include the effective date of each action in the heading;

(e)

Cite the relevant rules;

(f)

Include the worker’s appeal rights. All notices and warnings except those notifying a worker of entitlement to training or deferral of vocational assistance eligibility must contain the worker’s appeal rights in bold type, as follows:

(g)

Include the telephone number of the Ombudsman for Injured Workers: 1-800-927-1271.

(3)

Mailing and copies. All notices and warnings must:

(a)

Be mailed to the worker’s last known address by both regular and certified mail; and

(b)

Be copied to the division and worker’s attorney, if any, at the same time the notice or warning is mailed to the worker.

(4)

Effective date. A notice is not effective until it is sent to all required parties including the worker’s attorney.

(5)

Requirements for warning letters.

(a)

A warning letter can be issued at any time during the vocational eligibility evaluation or vocational assistance process.

(b)

Warning letters do not require specific language in the headings but must include a heading clearly indicating the purpose of the warning.

(c)

A warning letter must state what the worker must do, and by when, to avoid ineligibility or the ending of eligibility or training.

Source: Rule 436-120-0012 — General Requirements For Notices and Warnings, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=436-120-0012.

436‑120‑0003
General Provisions 436‑120‑0005
Definitions 436‑120‑0008
Administrative Review and Hearings 436‑120‑0012
General Requirements For Notices and Warnings 436‑120‑0115
Vocational Eligibility Evaluation 436‑120‑0117
Deferral of Eligibility Evaluation 436‑120‑0145
Vocational Assistance Eligibility 436‑120‑0147
Establishing the Adjusted Weekly Wage 436‑120‑0157
Determining Substantial Handicap to Employment 436‑120‑0165
End of Eligibility for Vocational Assistance 436‑120‑0175
Redetermining Eligibility for Vocational Assistance 436‑120‑0177
Selection of Category of Vocational Assistance 436‑120‑0185
Choosing a Counselor 436‑120‑0187
Optional Services 436‑120‑0197
Direct Employment 436‑120‑0410
Determining a Vocational Goal 436‑120‑0443
Training — General 436‑120‑0445
Training Requirements 436‑120‑0500
Training: Development and Implementation 436‑120‑0510
Training Plan Support 436‑120‑0520
Responsibilities of the Worker and the Counselor 436‑120‑0523
Re-evaluating a Training Plan 436‑120‑0527
Ending a Training Plan 436‑120‑0530
Director Review of Return-to-Work Plan 436‑120‑0700
Direct Worker Purchases 436‑120‑0710
Direct Worker Purchases: Categories 436‑120‑0720
Fee Schedule 436‑120‑0755
Reimbursement from the Workers’ Benefit Fund 436‑120‑0800
Registration of Providers 436‑120‑0810
Certification and Classification of Provider Staff 436‑120‑0820
Renewal of Certification 436‑120‑0840
Professional Standards for Providers and Counselors 436‑120‑0900
Audits, Penalties and Sanctions 436‑120‑0915
Sanctions of Providers and Counselors
Last Updated

Jun. 8, 2021

Rule 436-120-0012’s source at or​.us