Or. Admin. Code § 414-600-0043
Current through Register Vol. 64, No. 1, January 1, 2025
Section 414-600-0043 - Eligibility Appeals(1) An applicant or Relief Nursery that OARN determines is not eligible to receive state funding as a Relief Nursery may appeal OARN's eligibility determination in the manner provided in this rule.(2) Initial Appeal to OARN. (a) To initiate an appeal of an eligibility determination made by OARN, an applicant or Relief Nursery must submit a written appeal request to OARN within 30 calendar days after the date that OARN issues the eligibility determination letter. The appeal must identify the issues that are the subject of the appeal.(b) An appeal of an eligibility determination is limited to whether OARN's determination comported with the requirements of OAR 414-600-0015 to 414-600-0120.(c) Upon receipt of a written appeal request, OARN shall notify the Department of the request and create an appeal file. OARN must maintain all records and documents relating to the appeal and provide copies of all records and documents relating to the appeal to the Department upon request by the Department.(d) OARN's review shall be conducted by individuals who did not participate in the initial eligibility determination at issue in the appeal.(e) OARN shall notify the applicant or Relief Nursery and the Department of OARN's decision in writing within 30 calendar days of receipt of the appeal request.(3) Request for Department Review. (a) If an applicant or Relief Nursery determined not eligible by OARN to receive state funds is not satisfied with the outcome of the applicant's or Relief Nursery's appeal to OARN, the applicant or Relief Nursery may request a review of OARN's determination by the Department.(b) A request for Department review must be received in writing by the Department within 30 days of the date that OARN's written determination notification was issued.(c) An applicant's or Relief Nursery's request for Department review must identify in writing the determination made by OARN, describe the alleged error in OARN's determination and provide information to support the applicant's or Relief Nursery's disagreement with the determination.(d) The Department makes all final decisions on eligibility determination appeals. The Department's review and decision are limited to whether OARN's initial eligibility determination comported with the requirements of OAR 414-600-0015 to 414-600-0120 and otherwise comports with applicable law.Or. Admin. Code § 414-600-0043
ELD 2-2018, adopt filed 02/07/2018, effective 2/7/2018; DELC 116-2023, minor correction filed 11/27/2023, effective 11/27/2023Statutory/Other Authority: ORS 326.425(7)
Statutes/Other Implemented: ORS 417.788 & ORS 417.786