Or. Admin. R. 413-200-0396
Current through Register Vol. 63, No. 6, June 1, 2024
Section 413-200-0396 - Requirements Regarding Contested Case Hearings(1) When the Department denies an application for certification or revokes certification, the applicant or certified family has a right to request a contested case hearing under this rule.(2) An applicant for certification, renewal of a certificate, or a Change of Status may request a contested case hearing when the Department has mailed a proposed and final order denying the application.(3) A certified family may request a contested case hearing when the Department has mailed a proposed and final order revoking certification.(4) A certified family, applicant for certification, renewal of a certificate, or a Change of Status, or applicant for consideration as a potential adoptive resource may request a contested case hearing, as provided in OAR 413-010-0505 and OAR 413-120-0460.(5) An applicant who is denied approval as a potential adoptive resource does not have a right to request a contested case hearing, and instead OAR 413-120-0225(2) applies.(6) If the Department does not receive a request for a contested case hearing within 30 days of the date the Department mailed the proposed and final order of denial or revocation, the certified family or applicant has waived the right to a hearing, except as provided in OAR 413-010-0505.(7) Department actions when a contested case hearing is timely requested but such request is subsequently withdrawn are outlined in OAR 413-010-0530.Or. Admin. R. 413-200-0396
SOSCF 7-2001, f. & cert. ef. 3-23-01; CWP 4-2007, f. & cert. ef. 3-20-07; CWP 3-2009, f. & cert. ef. 2-2-09; CWP 37-2011, f. 12-27-11, cert. ef. 12-28-11; CWP 20-2015, f. & cert. ef. 10/1/2015; CWP 55-2018, temporary amend filed 06/29/2018, effective 06/29/2018 through 12/25/2018; CWP 111-2018, amend filed 10/11/2018, effective 10/11/2018; CWP 9-2021, amend filed 03/26/2021, effective 4/15/2021Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.640
Statutes/Other Implemented: ORS 418.005, ORS 409.010, ORS 418.315 & ORS 418.625 - 418.645