Or. Admin. Code § 309-106-0035

Current through Register Vol. 63, No. 12, December 1, 2024

Section 309-106-0035 - [Effective 1/14/2025] Administrative Review

(1) A prospective visitor may within 60 days of a decision denying an application for visitation by submitting a completed written request for Administrative Review to OSH Ombuds Office.

(a) The administrative review request must include information supporting reversal or modification of the decision and copies of any supporting documents or official records.

(b) Apon timely receipt of a completed Administrative Review Request and copies of any supporting documents or updated official records, the OSH Ombuds Office will review the decision and either affirm, reverse or modify the decision.

(c) The OSH Ombuds Office. may request additional information from the prospective visitor, law enforcement agency, or other reliable resource to complete the review.

(d) Reversal or Modification of a Decision Denying an Application for Visitation or Limitation on Visitation: A decision denying an application may be reversed or modified by the OSH Ombuds Office on in the following circumstances:

(A) The initial decision is determined by the OSH Ombuds Office to have been made in error based on incorrect information, or an incorrect application of these rules; or

(B) Circumstances impacting eligibility for visitation changed since the date of the decision denying the application for visitation or decision to limit visitation under review.

(e) The OSH Ombuds Office's decision shall be final and not subject to further review.

(2) Administrative Review by Superintendent for Extraordinary Circumstances:

(a) Notwithstanding any other provision of these rules, the Superintendent or their designee may, in their sole discretion, reverse or modify a decision denying an application for visitation between a patient and an immediate family member of the patient for extraordinary circumstances.

(b) The Superintendent or designee's decision will be final and subject to review only as provided for in ORS 183.484.

Or. Admin. Code § 309-106-0035

BHS 18-2024, temporary adopt filed 07/19/2024, effective 7/19/2024 through 1/14/2025; BHS 18-2024, temporary adopt filed 07/19/2024, effective 7/19/2024 through 1/14/2025; BHS 28-2024, adopt filed 11/13/2024, effective 1/14/2025

Statutory/Other Authority: ORS 179.040, 413.042 & 179.360

Statutes/Other Implemented: ORS 179.321 & 426.385