Or. Admin. Code § 411-073-0140

Current through Register Vol. 63, No. 11, November 1, 2024

Section 411-073-0140 - Dispute Resolution

(1) Informal Dispute Resolution. Upon receipt of a Statement of Deficiencies, the facility shall be provided an opportunity to dispute the Division's survey findings.

(a) If a facility wishes an informal conference to dispute the Division's survey findings, the facility shall advise the Division in writing within ten calendar days after receipt of the Statement of Deficiencies.

(b) The facility may not seek a delay of any enforcement action against it on the grounds the informal dispute resolution has not been completed.

(c) If a facility is successful in demonstrating the deficiencies should not have been cited, the Division shall reissue the Statement of Deficiencies, removing such deficiencies and rescinding or modifying any remedies issued for such deficiencies. The reissued Statement of Deficiencies shall state that it supersedes the previous Statement of Deficiencies, and shall clearly identify the date of the superseded Statement of Deficiencies.

(2) Formal Hearing.

(a) A facility subjected to a remedy pursuant to OAR Chapter 411, Division 73, excluding OAR 411-073-0070 (state monitoring), shall be entitled to a contested case hearing in accordance with ORS Chapter 183 and OAR Chapter 137.

(b) If a facility wishes a formal hearing, a written request must be received by the Division within 10 calendar days of the informal dispute resolution decision (if applicable) or within 60 days of the notice of remedy or notice of intent to impose a civil money penalty, whichever is later.

(c) The facility may not seek a delay of any enforcement action against it on the grounds the formal hearing has not been completed. If a facility is successful in demonstrating the deficiencies should not have been cited, the Division shall reissue the Statement of Deficiencies, removing such deficiencies and rescinding or modifying any remedies for such deficiencies.

Or. Admin. Code § 411-073-0140

SSD 11-1995, f. 9-29-95, cert. f. 10-1-95

Stat. Auth.: ORS 410.070

Stats. Implemented: ORS 410.070