Or. Admin. Code § 419-130-0100

Current through Register Vol. 63, No. 10, October 1, 2024
Section 419-130-0100 - Issuing Final Orders
(1) OTIS shall issue written Final Orders to the AP for all substantiated allegations of abuse investigated under ORS 430.735 to 430.765.
(2) All Final Orders shall be signed by the OTIS director as authorized by the Department Director.
(3) The Final Order shall be issued when:
(a) When no request for a review is received after 30 calendar days from the date of the Notice of Substantiated Abuse; or
(b) Upon completion of the administrative review process detailed in OAR 419-130-0090.
(4) Final Orders shall be mailed by OTIS within 7 calendar days to the AP.
(a) Copies of this Final Order shall be electronically sent to:
(A) OHA HSD; and
(B) The SUD facility.
(b) If applicable, OTIS will provide a copy of this Final Order to the ODHS/OHA Human Resources for cases involving ODHS or OHA employees or volunteers.
(5) OTIS shall notify regulatory agencies who license or certify an AP practicing therein of Final Orders issued for substantiated abuse findings. The written notification will not re-disclose any 42 CFR Part 2 information and a copy will be provided to OHA HSD.
(6) The Final Order is considered part of the investigation case records.

Or. Admin. Code § 419-130-0100

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 16-2022, minor correction filed 04/29/2022, effective 04/29/2022; DHS 7-2023, renumbered from 407-045-1100, filed 12/01/2023, effective 12/01/2023; OTIS 126-2023, 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, 430.205 and 430.210 (amended by OL 2019, Chapter 236), ORS 183.480 and 183.484, 430.735 - 430.765 (amended by OL 2018, Chapter 77, Section 2), 443.400 - 443.455, 42 CFR, Part 2, Oct. 1, 2018 & 430.256, 430.306, 430.335, 430.338, 430.357, 430.397, 430.399, 430.630, 430.640