Or. Admin. R. 309-081-0090

Current through Register Vol. 63, No. 6, June 1, 2024

Section 309-081-0090 - Failure to Comply; Penalties and Appeals

A recipient of a loan repayment award who fails to obtain or maintain a license/certification, has a suspension or termination of a license/certification, is under fraud, conviction, termination of employment for-cause, or fails to complete their two-year service obligation providing behavioral health services in Oregon, or other circumstances deemed to be negligent or fraudulent by the Authority and does not receive a waiver may be considered to have breached the terms and conditions of their contractual agreement. Under these circumstances:

(1) The Authority may impose a penalty on any such behavioral health care worker in an amount up to the sum of:

(a) The total paid from the Oregon Behavioral Health Loan Repayment Program to the recipient or on behalf of the recipient for any periods of obligated service not served;

(b) Up to $500 for each month of the minimum service period not completed according to the terms of the obligation; and

(c) Interest on the above amounts at the maximum prevailing rate, as determined by the Oregon Department of Revenue, calculated from the date of breach until full repayment has been made.

(2) The recipient may appeal decisions made by the Authority under the provisions of ORS Chapter 183.

(3) A recipient of loan repayment found to be in breach of their contractual agreement under this program is subject to penalties. Administrative review, for purposes of these rules, shall be the process for any appeals made to the Authority. Recipient may request administrative review. The Authority must receive the request in writing no later than 30 calendar days after the date of the Authority's notice. If the request for administrative review is timely, the recipient must provide the Authority with a copy of all relevant records and other materials relevant to the appeal, no later than 10 days before the review is scheduled.

(a) If the Authority decides that a preliminary meeting between the recipient and Authority staff may assist the review, the Authority shall notify the individual requesting the review of the date, time, and place the meeting is scheduled.

(b) The Authority shall conduct the administrative review meeting as follows:

(A) No minutes or transcript of the review shall be made;

(B) The recipient requesting review does not have to be represented by counsel during an administrative review meeting and shall be given the opportunity to present relevant information;

(C) Authority staff may not be available for cross-examination, but may attend and participate in the review meeting;

(D) Failure to appear without good cause constitutes acceptance of the Authority's determination;

(E) The Authority may combine similar administrative review proceedings and meetings involving the same parties or similar facts, if the Authority determines that joint proceedings may facilitate the review;

(F) The Authority may request the appealing recipient to submit, in writing, new information that has been presented orally. The Authority shall establish the deadline for submission of the information;

(G) The Authority shall send the results of the administrative review to the recipient involved in the review, within 30 calendar days of the conclusion of the administrative review meeting, or such time as may be agreed to by the recipient or designated by the Authority;

(H) The Authority's final decision on administrative review is the final decision on appeal and binding on the parties. Under ORS 183.484, this decision is an order in other than a contested case. ORS 183.484 and the procedures in OAR 137-004-0080 to 137-004-0092 apply to the Authority's final decision on administrative review;

(I) Academic institutions providing admission-based scholarships may set penalties for default against the terms of their program.

Or. Admin. R. 309-081-0090

BHS 9-2022, temporary adopt filed 06/16/2022, effective 6/16/2022 through 12/12/2022; BHS 23-2022, adopt filed 12/09/2022, effective 12/9/2022

Statutory/Other Authority: HB 4071 (2022)

Statutes/Other Implemented: ORS 675.375, ORS 675.705, ORS 675.720, ORS 675.745, ORS 675.785 & ORS 675.825