Current through Register Vol. 63, No. 9, September 1, 2024
A recipient of a loan repayment award who fails to obtain or
maintain a license/certification, has a suspension or termination of a
license/certification, is under fraud, conviction, termination of employment
for-cause, or fails to complete their two-year service obligation providing
behavioral health services in Oregon, or other circumstances deemed to be
negligent or fraudulent by the Authority and does not receive a waiver may be
considered to have breached the terms and conditions of their contractual
agreement. Under these circumstances:
(1) The Authority may impose a penalty on any
such behavioral health care worker in an amount up to the sum of:
(a) The total paid from the Oregon Behavioral
Health Loan Repayment Program to the recipient or on behalf of the recipient
for any periods of obligated service not served;
(b) Up to $500 for each month of the minimum
service period not completed according to the terms of the obligation;
and
(c) Interest on the above
amounts at the maximum prevailing rate, as determined by the Oregon Department
of Revenue, calculated from the date of breach until full repayment has been
made.
(2) The recipient
may appeal decisions made by the Authority under the provisions of ORS Chapter
183.
(3) A recipient of loan
repayment found to be in breach of their contractual agreement under this
program is subject to penalties. Administrative review, for purposes of these
rules, shall be the process for any appeals made to the Authority. Recipient
may request administrative review. The Authority must receive the request in
writing no later than 30 calendar days after the date of the Authority's
notice. If the request for administrative review is timely, the recipient must
provide the Authority with a copy of all relevant records and other materials
relevant to the appeal, no later than 10 days before the review is scheduled.
(a) If the Authority decides that a
preliminary meeting between the recipient and Authority staff may assist the
review, the Authority shall notify the individual requesting the review of the
date, time, and place the meeting is scheduled.
(b) The Authority shall conduct the
administrative review meeting as follows:
(A)
No minutes or transcript of the review shall be made;
(B) The recipient requesting review does not
have to be represented by counsel during an administrative review meeting and
shall be given the opportunity to present relevant information;
(C) Authority staff may not be available for
cross-examination, but may attend and participate in the review
meeting;
(D) Failure to appear
without good cause constitutes acceptance of the Authority's
determination;
(E) The Authority
may combine similar administrative review proceedings and meetings involving
the same parties or similar facts, if the Authority determines that joint
proceedings may facilitate the review;
(F) The Authority may request the appealing
recipient to submit, in writing, new information that has been presented
orally. The Authority shall establish the deadline for submission of the
information;
(G) The Authority
shall send the results of the administrative review to the recipient involved
in the review, within 30 calendar days of the conclusion of the administrative
review meeting, or such time as may be agreed to by the recipient or designated
by the Authority;
(H) The
Authority's final decision on administrative review is the final decision on
appeal and binding on the parties. Under ORS
183.484, this decision is an
order in other than a contested case. ORS
183.484 and the procedures in
OAR 137-004-0080 to
137-004-0092 apply to the
Authority's final decision on administrative review;
(I) Academic institutions providing
admission-based scholarships may set penalties for default against the terms of
their program.
Statutory/Other Authority: HB 4071 (2022)
Statutes/Other Implemented: ORS
675.375, ORS
675.705, ORS
675.720, ORS
675.745, ORS
675.785 & ORS
675.825
