Or. Admin. Code § 813-300-0170

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

Section 813-300-0170 - Administrative Review

(1) Account holders and designated beneficiaries aggrieved by any decision of a fiduciary organization to suspend or revoke the account holder's IDA, any decision by the fiduciary organization to suspend or revoke a personal development plan, any decision by the fiduciary organization to withdraw matching IDA deposits may request administrative review by the Department or its designee.

(2) The request for administrative review must be in writing, stating the nature of the decision, the reasons why the aggrieved party disagrees with the decision, and the nature of the requested relief.

(3) The request for administrative review must be delivered to the Department or its designee within thirty (30) days from the date that the aggrieved party receives written notice of the decision by the fiduciary organization. The aggrieved party simultaneously shall provide a copy of the request for administrative review to the fiduciary organization.

(4) Upon receipt of an appropriate request for administrative review, the Department or its designee will make such investigation of the matter as it determines to be appropriate. In making any such investigation, the Department or its designee may require and receive from the parties or other participants in the program plan any additional information or require such other proceedings as it deems appropriate.

(5) The Department or its designee will provide its written determination on the request for administrative review following the completion of its investigation. The Department or its designee also may issue such preliminary orders as it deems appropriate pending the issuance of its written determination.

(6) In its written determination, or in any preliminary order, the Department or its designee may reverse, revise, stay, or approve the decision at issue made by the fiduciary organization.

(7) The Department or its designee also may enforce its written determinations and preliminary orders by such action as it deems appropriate.

Or. Admin. Code § 813-300-0170

OHCS 12-2002(Temp), f. & cert. ef. 10-8-02 thru 4-5-03; OHCS 1-2003, f. & cert. ef. 4-4-03; OHCS 7-2018, amend filed 05/30/2018, effective 05/30/2018; OHCS 4-2024, amend filed 04/03/2024, effective 4/3/2024

Statutory/Other Authority: ORS 456.555, ORS 456.625 & ORS 458.700

Statutes/Other Implemented: ORS 315.271 & ORS 458.670 - 458.700