Or. Admin. R. 309-048-0130

Current through Register Vol. 63, No. 9, September 1, 2024

Section 309-048-0130 - Appeals

In accordance with ORS 413.042, adults with mental illness, and court approved legal guardians for individuals with mental illness, shall have the right to appeal decisions made by the Division based on screenings, admission waiver request, discharge and relocation plans.

(1) Appeals. Appeals shall be submitted to the Children, Adult and Families Division (CAF) Hearings Office and arrive there within 30 calendar days after receipt of the contested determination/decision.

(2) Negotiations. The CAF Division Hearings Office shall, when it deems appropriate, refer appealed decisions back to the Division for efforts to negotiate an agreement. If the Division is unable to negotiate an agreement within 10 working days, the Division will remand the appeal back to the CAF Hearings Office for final disposition.

(3) Hearings. The CAF Hearings Office shall convene a hearing in accordance with OAR 461-025-0300 through 461-025-0375, and reach a final determination on the appeal within ninety (90) days of the final day of the hearing.

(4) Determinations. All decisions of the CAF Hearing Office shall be final.

Or. Admin. R. 309-048-0130

MHD 2-1995, f. & cert. ef. 4-6-95

Stat. Auth.: ORS 413.042 & 426.500

Stats. Implemented: ORS 410.535, 414.065 & 426.490 to 426.500