Or. Admin. Code § 414-061-0120

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

Section 414-061-0120 - Rights for Review and Contested Case Hearings

(1) The Department shall afford subject individuals the right to appeal a decision made by the Department that the subject individual is denied, suspended, or removed from enrollment from the Central Background Registry through a contested case hearing pursuant to ORS 183.413 through 183.470. Subject individuals must submit a request for a contested case hearing in writing.

(2) The Department does not have authority to change decisions, records, or information from other agencies.

(3) The Department is entitled to rely on the criminal records, child abuse and neglect records and information, foster care and adult protective services records and information or child abuse and neglect information until notified that the information has been changed or corrected in a manner that would alter the the Department's decision.

(4) To preserve the confidentiality of the records and the privacy of the subject individual, any contested case hearing will not be open to the public unless requested by the subject individual.

(5) A subject individual who is also an employee of the licensing unit of the Department and who is determined unsuitable for enrollment in the Central Background Registry may appeal the determination through either the contested case process or applicable personnel rules, policies and collective bargaining provisions. A subject individual's decision to appeal a determination through personnel rules, policies and collective bargaining provisions shall constitute an election of remedies as to the rights of the subject individual with respect to the disqualification determination and shall constitute waiver of the contested case process.

Or. Admin. Code § 414-061-0120

CCD 1-1998, f. 9-30-98, cert. ef. 10-1-98; CCD 2-2003, f. 12-5-03 cert. ef. 12-7-03; CCD 1-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10; CCD 1-2010, f. 6-29-10, cert. ef. 7-1-10; ELD 3-2015, f. & cert. ef. 2/3/2015; ELD 7-2016, f. & cert. ef. 12/19/2016; ELD 3-2018, amend filed 02/08/2018, effective 9/30/2018; DELC 12-2023, temporary amend filed 09/28/2023, effective 9/28/2023 through 3/25/2024; DELC 13-2024, amend filed 02/28/2024, effective 2/28/2024

Statutory/Other Authority: ORS 329A.030(7)

Statutes/Other Implemented: ORS 329A.030; HB 2259 (2017)