OAR 582-020-0025
Notice of Action and Notice of Procedural Rights

(1) The Program shall provide the client with a written Notice of Action when it makes a decision to deny, terminate, suspend, or reduce a client’s eligibility or services.
(2) The Notice of Action must include the following:
(a) The date the notice is mailed;
(b) The information provided in the Notice of Dispute Resolution Rights;
(c) A description of the procedure and time to request a hearing, or a statement of the time and place of the hearing;
(d) Statement of the authority and jurisdiction under which the hearing is to be held;
(e) A short and plain statement about the action the Program intends to take and the action effective date;
(f) Statement about the reason for the action, including citations to the statutes or rules involved;
(g) Statement indicating whether and under what circumstances an order by default may be entered;
(h) Statement regarding the right to stay the proceedings and assistance available to active duty service members; and
(i) Statement regarding the right to continuing benefits under federal law.
(3) The Program shall provide a written Notice of Procedural Rights to the client, or, the client’s representative, when the client requests a hearing.
(a) The Notice shall include the information set forth in ORS 183.413 (Notice to parties before hearing of rights and procedure), except to the extent that the information was already provided to the client in the Notice of Action.
(b) The Program’s failure to give notice of any of the items in ORS 183.413 (Notice to parties before hearing of rights and procedure), unless notice of that item is also required by another applicable state or federal law, does not invalidate any determination or order of the Program unless upon an appeal from or review of the determination or order, a court finds that the failure affects the substantial rights of the complainant. In the event of such finding, the court shall remand the matter to the Program for a reopening of the hearing and shall direct the Program as to what steps it shall take to remedy the prejudice to the rights of the complainant.

Source: Rule 582-020-0025 — Notice of Action and Notice of Procedural Rights, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=582-020-0025.

Last Updated

Jun. 8, 2021

Rule 582-020-0025’s source at or​.us