Oregon Administrative Rules
Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES
Division 106 - VISITATION OF PATIENTS AND RESIDENTS IN STATE INSTITUTIONS
Section 309-106-0035 - Administrative Review
Universal Citation: OR Admin Rules 309-106-0035
Current through Register Vol. 63, No. 9, September 1, 2024
(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.
Statutory/Other Authority: ORS 179.040, 413.042 & 179.360
Statutes/Other Implemented: ORS 179.321 & 426.385
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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