Or. Admin. Code § 419-130-0080

Current through Register Vol. 64, No. 1, January 1, 2025

Section 419-130-0080 - Notifications at the Conclusion of an Investigation

(1) After an abuse determination is made and the investigation report has been approved to close, OTIS shall make and document the notifications described in this rule.

(2) When an allegation is determined to be not substantiated under these rules, OTIS shall provide written notice of the outcome to the AP. A copy of this notification will be provided to:

(a) The OHA BHD specialist; and

(b) The SUD facility.

(3) When an allegation is determined to be substantiated under these rules, OTIS shall send to the AP a Notice of Substantiated Abuse and include a redacted copy of the abuse investigation report. The notice shall include:

(a) The allegation investigated and legal authority relied upon.

(b) The abuse finding and standard of proof used.

(c) An explanation of AP's right to ask for an OTIS administrative review of the abuse finding, including information on how an abuse finding may affect employment.

(d) How to request an administrative review in writing, including the address to send the request; and state if assistance is needed in understanding the information, the AP may call OTIS with a phone number provided in the notice.

(e) A request the AP provide information as part of their written request for an OTIS administrative review.

(A) Information requested should include:

(i) Date the request for review is written;

(ii) Case number found on the notice and the redacted report;

(iii) Full name and date of birth of the AP; and current name if changed since the investigation began;

(iv) For each allegation, an explanation, responsive to the information provided in the report, stating why it is believed the substantiated abuse finding should be changed to not substantiated with any additional information or documents provided to be considered during the review;

(v) State whether they wish or do not wish to be contacted during the OTIS review for a telephone interview with current phone information provided if contact wanted;

(vi) Current mailing address and other contact information, such as email if preferred; and

(vii) A signature.

(B) Requests for reviews that do not contain all requested information outlined in (A) shall be afforded an OTIS review based on the information that is provided.

(f) Only the AP may request a review. When a SUD facility is named, then the licensee or legal representative, such as the executive director or board chair may request the review.

(g) A statement that the request shall be received by OTIS no later than 30 calendar days from the date of the Notice of Substantiated Abuse, including if the AP's request for review is mailed, the date the letter is postmarked shall be considered the date of delivery to OTIS.

(h) A statement that if no request for review is received within 30 calendar days from the date of the Notice of Substantiated Abuse, OTIS shall issue a Final Order. This order advises the AP of the right to petition for judicial review under ORS 183.484, as an order in an "other than contested case" within 60 days of service of the final order. Petitions for review shall be filed in Marion County Circuit Court or the circuit court of the county where the AP resides or has a principal business office.

(4) OTIS shall send the notices described in (2) or (3) to the AP by all of the following:

(a) Regular mail.

(b) Certified mail with return receipt requested if an allegation is substantiated.

(c) Alternative methods such as fax or electronic mail only when the respondent has requested an alternate method.

(5) OTIS shall provide the OHA BHD specialist with a copy of any written notices sent to the AP as described in (3).

(6) OTIS shall document how the notices were provided and maintain a record of all notices.

Or. Admin. Code § 419-130-0080

DHSD 34-2019, adopt filed 12/30/2019, effective 01/01/2020; DHS 4-2021, amend filed 03/11/2021, effective 03/15/2021; DHS 7-2023, renumbered from 407-045-1080, filed 12/01/2023, effective 12/01/2023; OTIS 124-2023, minor correction filed 12/01/2023, effective 12/1/2023; OTIS 70-2024, minor correction filed 12/04/2024, effective 12/4/2024

Statutory/Other Authority: ORS 409.010, ORS 430.731, 409.050 & 413.085

Statutes/Other Implemented: ORS 430.731, 430.205, ORS 183.480, 430.735 - 430.765, 443.400 - 443.455, 42 CFR, Part 2, Oct. 1, 2018, 430.256, 430.210, 183.484, 430.306, 430.335, 430.338, 430.357, 430.397, 430.399, 430.630 & 430.640