Or. Admin. Code § 333-052-0130

Current through Register Vol. 63, No. 10, October 1, 2024

Section 333-052-0130 - Appeals

(1) Farmers are entitled to a hearing as provided by the Administrative Procedures Act (ORS chapter 183) for a denial of participation, imposition of a sanction, or disqualification.

(2) Individuals who do not receive a Farm Direct benefit are not entitled to a hearing if the non-award is based on funding.

(3) Farmers may not be entitled to a hearing under the Administrative Procedures Act to challenge:

(a) The validity or appropriateness of the Oregon Health Authority (Authority)'s selection criteria for farmer participation;

(b) The validity or appropriateness of the Authority's participant access determinations;

(c) The duration or expiration of a farmer agreement; or

(d) An Authority decision regarding a voucher payment or claims.

(4) The Authority may, at its discretion, permit the farmer to continue participating in Farm Direct pending the outcome of an administrative hearing. The farmer may be required to repay funds for Farm Direct vouchers redeemed during the pendency of the hearing, if the denial, sanction, or disqualification is affirmed.

(5) A request for a hearing must be in writing and must be received within 30 days from the date of the notice describing the proposed action.

(6) The request for hearing must include:

(a) The name and address of the farmer requesting the hearing;

(b) The name and address of the attorney representing the farmer, if any;

(c) The decision made or action taken by the Authority against the farmer;

(d) The reason the farmer disagrees with the decision or action;

(e) Any special needs or requirements, such as, an interpreter or other special accommodations; and

(f) An attached copy of the notice from the Authority.

(7) If a hearing is requested under subsection (1) of this rule, a final written decision must be made within 60 days from the date the request for a hearing was received by the WIC Operations Manager. The time for issuing a decision may be extended upon agreement by the parties.

Or. Admin. Code § 333-052-0130

PH 10-2006, f. & cert. ef. 6-5-06; PH 7-2008, f. & cert. ef. 4-3-08; PH 15-2012, f. & cert. ef. 12-20-12; PH 15-2023, temporary amend filed 03/31/2023, effective 4/1/2023through 9/27/2023; PH 46-2023, amend filed 09/26/2023, effective 9/28/2023; PH 45-2024, amend filed 05/13/2024, effective 5/28/2024

Statutory/Other Authority: ORS 413.500, ORS 411.813, 7 CFR 248 & 7 CFR 249

Statutes/Other Implemented: ORS 413.500, ORS 411.813, 7 CFR 248 & 7 CFR 249