OAR 436-120-0915
Sanctions of Providers and Counselors


(1)

Providers and counselors must fully participate in any department audit, periodic program review, investigation, or review, and provide records and other information as requested.

(2)

If the director finds any provider or counselor failed to comply with OAR 436-120, the director may impose one or more of the following sanctions:

(a)

Reprimand by the director;

(b)

Probation, in which the department systematically monitors the provider’s or counselor’s compliance with OAR 436-120 for a specified length of time. Probation may include the requirement a counselor receive supervision or successfully complete specified training, personal counseling, or drug or alcohol treatment;

(c)

Suspension, which is the termination of registration or certification to determine eligibility and provide vocational assistance to Oregon injured workers for a specified period of time. The provider or counselor may reapply for registration or certification at the end of the suspension period. If granted, the provider or counselor will be placed on probation as described in subsection (2)(b) of this rule; or

(d)

Revocation, which is a permanent termination of registration or certification to determine eligibility and provide vocational assistance to Oregon injured workers.

(3)

The director will investigate violations of OAR 436-120 and may impose a sanction under these rules. Before issuing a suspension or revocation, the director will send a notice of the proposed action and provide the opportunity for a show-cause hearing as follows:

(a)

The director will send by certified mail a written notice of intended suspension or revocation and the grounds for such action. The notice must advise of the right to participate in a show-cause hearing.

(b)

The provider or counselor has 10 days from the date of receipt of the notification of proposed action in which to request a show-cause hearing.

(c)

If the provider or counselor does not request a show-cause hearing, the proposed suspension or revocation will become final.

(d)

If the provider or counselor requests a show-cause hearing, the director will send a notification of the date, time, and place of the hearing.

(e)

After the show-cause hearing, the director will issue a final order that may be appealed as described in OAR 436-120-0008 (Administrative Review and Hearings)(3).

(4)

For the purposes of section (3) of this rule, “show-cause hearing” means an informal meeting with the director in which the provider or counselor will be provided an opportunity to be heard and present evidence regarding any proposed actions by the director to suspend or revoke a provider or counselor’s authority to provide vocational assistance services to injured workers.

(5)

The director may bar a provider or counselor who has received a suspension or revocation under this rule from sponsoring or teaching continuing education programs.

Source: Rule 436-120-0915 — Sanctions of Providers and Counselors, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=436-120-0915.

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 436-120-0915’s source at or​.us