Or. Admin. Code § 419-130-0090

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

Section 419-130-0090 - Administrative Review Process for Substantiated Findings

(1) The OTIS reviewer shall review the completed abuse investigation report; and records collected as part of the investigation.

(2) The OTIS reviewer shall interview the AP if requested and the AP may have legal representation or other person present during the interview. The OTIS reviewer shall consider any verbal or written information offered by the AP.

(3) The OTIS reviewer may not re-open the investigation by interviewing the alleged victim, witnesses or others mentioned in the investigation, or gather additional records or evidence to conduct a further investigation of the allegation of abuse.

(4) The OTIS reviewer shall recommend to the OTIS director, whether to change or maintain the substantiated abuse finding based upon their review of the evidence described in sections (1) and (2).

(5) The OTIS reviewer shall prepare a written summary of information gathered as described in sections (1) and (2) upon which the recommendation was based within 30 calendar days of OTIS's receipt of the AP's request for review.

(6) After reviewing the written information from the designated OTIS reviewer, the OTIS director shall make a final determination on the abuse finding within 15 calendar days and a Final Order shall be issued.

Or. Admin. Code § 419-130-0090

DHSD 34-2019, adopt filed 12/30/2019, effective 01/01/2020; DHS 7-2023, renumbered from 407-045-1090, filed 12/01/2023, effective 12/01/2023; OTIS 125-2023, minor correction filed 12/01/2023, effective 12/1/2023

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

Statutes/Other Implemented: ORS 430.731, ORS 183.480 and 183.484, 42 CFR, Part 2, Oct. 1, 2018 & 430.735 - 430.765 (amended by OL 2018, Chapter 77, Section 2)