Or. Admin. Code § 581-075-0205

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

Section 581-075-0205 - Appeals of Potential Violations of Division 22 Standards

(1) The department will investigate a potential violation of a rule codified in Oregon Administrative Rules Chapter 581, Division 22, if a complainant files an appeal of a complaint initially filed with a district and the appeal meets the criteria set forth in this rule.

(2) The appeal must be ripe. An appeal is ripe when:

(a) If the district has a complaint process, the district has issued a final written decision to the complainant in accordance with the district's complaint process or the district has failed to resolve the complaint within 90 calendar days of the initial submission of the complaint, unless the district and complainant have agreed in writing to a different time period for resolving the complaint.

(b) If the district does not have a complaint process, the complainant has received any written response from the district or the district has failed to resolve the complaint within 90 calendar days of the initial submission of the complaint, unless the district and complainant have agreed in writing to a different time period for resolving the complaint.

(3) The complaint on which the appeal is based must have been initially filed with the district not later than two calendar years after the date on which the alleged violation occurred or the complainant discovered the alleged violation. For purposes of this subsection, if the alleged violation is of a continuing nature, the date on which the alleged violation occurred is the most recent date on which the alleged violation occurred.

(4) The appeal must be received by the department not later than one calendar year after the date on which the department could have first accepted the appeal under subsection (2) of this section.

(5) The appeal must:

(a) Be in writing;

(b) Be submitted in person, by mail, or electronically; and

(c) Contain:

(A) The name of the person filing the appeal;

(B) If the person filing the appeal has a phone number, address, or email address, the person's phone number, address, or email address;

(C) A statement of facts upon which the appeal is based; and

(D) Any other information requested by the department.

Or. Admin. Code § 581-075-0205

ODE 45-2024, adopt filed 10/23/2024, effective 10/23/2024

Statutory/Other Authority: ORS 326.051, ORS 327.103, ORS 338.115 & ORS 334.217

Statutes/Other Implemented: ORS 326.051, ORS 327.103, ORS 338.115 & ORS 334.217