Oregon Department of Human Services, Self-Sufficiency Programs

Rule Rule 461-165-0430
Child Care Provider Hearings


(1) A child care provider has a right to a contested case hearing only to contest a fitness determination that results in a denial of eligibility for payment, dispute an allegation of an overpayment of child care, or dispute a finding of suspended. Hearings to contest a fitness determination that results in a denial are governed by OAR 407-007-0330 (Contesting a Fitness Determination). Other hearings under this section are governed by division 461-025 of the Oregon Administrative Rules.
(2) In the case of an alleged overpayment, the child care provider may delay repayment on an overpayment until a final order is served by completing a request for hearing not later than the 45th day following the date of the overpayment notice.
(3) A child care provider whose application for listing is denied and who fails to request a hearing within the 45‑day hearing request period is not eligible to reapply for listing until 180 days following the date of the denial notice.
(4) If a child care provider requests a hearing to contest a fitness determination resulting in a denial of eligibility for payment, the child care provider remains ineligible for payment pending the hearing unless the decision to deny eligibility was based on a mistake in identifying the person with the CH or CPS record.
Source

Last accessed
Jun. 8, 2021