OAR 737-015-0130
Appeal Process and Reinstatement
(1)
A provider or instructor has the right to appeal a sanction or other actions.(2)
An approved provider or instructor whose approval has been suspended, revoked, or cancelled is entitled to a contested case hearing as provided in the Oregon Administrative Procedures Act under ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.500 (Appeals).(3)
Upon notification of suspension, revocation, cancellation, reduction or denial of reimbursement or any other sanction, a provider or instructor may have the right to a contested case hearing as provided in the Oregon Administrative Procedures Act under ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.500 (Appeals).(4)
Except as provided for in section (6) of this rule, a request for a hearing must be submitted in writing to, and received by, ODOT-TSD within 20 days of the date of the notice. If a hearing request is received in a timely manner the suspension, revocation or cancellation may not go into effect pending the outcome of the hearing, unless the approval is immediately suspended or cancelled.(5)
If the approval is immediately suspended or cancelled as set forth in OAR 737-015-0120 (Provider and Instructor Sanctions)(9) or (13), the request for hearing must be submitted in writing to, and received by, ODOT-TSD within 90 days of the date of notice of suspension. The suspension or cancellation must remain in effect pending the outcome of the hearing.(6)
Except as provided in OAR 137-003-0003 (Late Filing), when no request for a hearing is received by the deadline, the approved provider or instructor has waived the right to a hearing, ODOT-TSD’s file must constitute the record of the case, and a default order must be issued by ODOT-TSD.(7)
If a provider or instructor approval has been revoked, the provider or instructor may reapply after a period of revocation of five years and must meet all the requirements for approval.(8)
If the provider or instructor approval is cancelled, the provider or instructor may reapply when they have met all of the requirements.(9)
At the end of a suspension period, ODOT-TSD will reinstate the provider or instructor approval unless the provider or instructor does not meet the qualification requirements for the approval. If the approval has expired, the provider or instructor must reapply and must meet all the requirements for new certification.
Source:
Rule 737-015-0130 — Appeal Process and Reinstatement, https://secure.sos.state.or.us/oard/view.action?ruleNumber=737-015-0130.