Or. Admin. Code § 585-030-0020

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

Section 585-030-0020 - Notice of Action and Notice of Procedural Rights

(1) Commission shall provide the client with a written Notice of Action when it makes a decision to deny, terminate, or suspend a client's eligibility or services.

(2) The Notice of Action must include the following:

(a) The date the notice is delivered to the client, if in person, otherwise the date the notice is mailed;

(b) The information provided in the Notice of Dispute Resolution Rights;

(c) A statement of the agency's authority and jurisdiction to have a hearing held on the matters asserted or charged, including reference to relevant state law and regulations and any applicable provisions under federal law as set out in 29 U.S.C. § 722 and 34 C.F.R. § 361.57;

(d) Either:

(A) A statement of the procedure and time to request a hearing, the agency address to which a hearing request should be sent, and a statement that if a request for hearing is not received by the agency within the time stated in the notice the person will have waived the right to a hearing; or

(B) A statement of the time and place of the hearing.

(e) A short and plain statement about the action Commission intends to take and the action effective date;

(f) Statement about the reason for the action, including citations to the statutes or rules involved;

(g) Statement indicating whether and under what circumstances an order by default may be entered;

(h) Statement regarding the right to stay the proceedings and assistance available to active duty service members; and

(i) Statement regarding the right to continuing benefits under federal law.

(3) Commission shall provide a written Notice of Procedural Rights to the client, or, the client's representative, when the client requests a hearing.

(a) The Notice shall include the information set forth in ORS 183.413, except to the extent that the information was already provided to the client in the Notice of Action.

(b) Commission's failure to give notice of any of the items in ORS 183.413, unless notice of that item is also required by another applicable state or federal law, does not invalidate any determination or order of the ALJ unless upon an appeal from or review of the determination or order, a court finds that the failure affects the substantial rights of the complainant. In the event of such finding, the court shall direct Commission as to what steps it shall take to remedy the prejudice to the rights of the complainant.

Or. Admin. Code § 585-030-0020

CFTB 2-2021, adopt filed 02/23/2021, effective 2/24/2021

Statutory/Other Authority: ORS 346.150, ORS 183.341, ORS 183.413 & ORS 183.415

Statutes/Other Implemented: ORS 183.413 & ORS 183.415