ORS 741.400
Service of eligibility notices; when notice becomes final order; opportunity to contest actual receipt of notice


(1)

The Department of Consumer and Business Services may serve by regular mail or, if requested by the recipient, by electronic mail a notice described in ORS 183.415 (Notice of right to hearing) of the department’s determination of:

(a)

A person’s eligibility to purchase or to continue to purchase a qualified health plan through the health insurance exchange;

(b)

A person’s eligibility for a premium tax credit for purchasing a qualified health plan or the amount of the person’s premium tax credit; or

(c)

A person’s eligibility for cost-sharing reductions for qualified health plans and the amount of the person’s cost-sharing reduction.

(2)

The legal presumption described in ORS 40.135 (Rule 311. Presumptions) (1)(q) does not apply to a notice that is served by regular or electronic mail in accordance with subsection (1) of this section.

(3)

Except as provided in subsection (4) of this section, a contested case notice served in accordance with subsection (1) of this section that complies with ORS 183.415 (Notice of right to hearing) but for service by regular or electronic mail becomes a final order against a party and is not subject to ORS 183.470 (Orders in contested cases) (2), upon the earlier of the following:

(a)

If the party fails to request a hearing, the day after the date prescribed in the notice as the deadline for requesting a hearing.

(b)

The date the department or the Office of Administrative Hearings mails an order dismissing a hearing request because:

(A)

The party withdraws the request for hearing; or

(B)

Neither the party nor the party’s representative appears on the date and at the time set for hearing.

(4)

The department shall prescribe by rule a period of not less than 60 days after a notice becomes a final order under subsection (3) of this section within which a party may request a hearing under this subsection. If a party requests a hearing within the period prescribed under this subsection, the department shall do one of the following:

(a)

If the department finds that the party did not receive the written notice and did not have actual knowledge of the notice, refer the request for hearing to the Office of Administrative Hearings for a contested case proceeding on the merits of the department’s intended action described in the notice.

(b)

Refer the request for hearing to the Office of Administrative Hearings for a contested case proceeding to determine whether the party received the written notice or had actual knowledge of the notice. The department must show that the party had actual knowledge of the notice or that the department mailed the notice to the party’s correct address or sent an electronic notice to the party’s correct electronic mail address.

(5)

If a party informs the department that the party did not receive a notice served by regular or electronic mail in accordance with subsection (1) of this section, the department shall advise the party of the right to request a hearing under subsection (4) of this section. [2013 c.678 §2; 2015 c.3 §29]

Source
Last accessed
May. 15, 2020