Oregon Administrative Rules
Chapter 407 - DEPARTMENT OF HUMAN SERVICES
Division 44 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY - PROCEDURAL RULES
Section 407-044-0320 - OTIS Child Abuse: Contested Case Hearings
Current through Register Vol. 63, No. 3, March 1, 2024
(1) This rule applies to contested case hearings on "Founded" child abuse determinations made by OTIS under OARs: 407-046-0170; 407-047-0270; 407-047-0273; 407-047-0470; 407-047-0680.
(2) Contested case proceedings under this rule are conducted in accordance with the Attorney General's model rules in OAR chapter 137, division 003, except to the extent that OAR chapter 407, divisions 046 and 047 are permitted to and provide for different procedures.
(3) A contested case hearing under this rule is not open to the public and is closed to nonparticipants, except nonparticipants may attend subject to the consent of the parties (as defined in ORS 183.310 (7)(a) through (c)) and OTIS and must adhere to applicable confidentiality laws.
(4) A respondent who receives a Notice of Abuse Determination under OARs 407-047-046-0190; 407-047-0290; 407-047-0490; or 407-047-0700 may challenge that notice by filing a written, timely request for a contested case hearing. The request must be electronically submitted or postmarked to the Department of Human Services, Office of Training, Investigations and Safety, 201 High Street SE, Suite 500, Salem, Oregon within 30 calendar days of the date of the Notice of Abuse Determination.
(5) OTIS may dismiss a request for hearing as untimely if the respondent's written explanation for missing the hearing request deadline does not meet the criteria in OAR 137-003-0528(2) and (3). If there is a factual dispute regarding the missed deadline OTIS may refer the request for a limited contested case hearing about the reasons for missing the deadline.
(6) A respondent may withdraw a request for hearing at any time before a final order has been issued in the contested case.
(7) OTIS will refer to OAH the issue of allowing the late cancellation of a withdrawal filed within the deadline set out in OAR 137-003-0675(1) if there is a factual dispute about whether the deadline to cancel the withdrawal was missed due to circumstances beyond the control of the respondent.
(8) An order dismissing a hearing request is issued when neither the respondent nor the respondent's representative appear at the time and place specified for the hearing. OTIS may reconsider and cancel the dismissal under OAR 137-003-0675 after a timely written request of the respondent on a showing that the respondent was unable to attend the hearing and unable to request a postponement from OAH for reasons beyond respondent's reasonable control. OTIS may refer the reconsideration decision to OAH.
(9) When OTIS refers a contested case under this rule to OAH, OTIS indicates on the referral whether OTIS is authorizing a proposed order, a proposed and final order (OAR 137-003-0645(4)), or a final order.
(10) OTIS has adopted the following exceptions to the Attorney General's Model Rules due to caseload volume and because the model discovery procedures would unduly complicate or interfere with the hearing process:
Statutory/Other Authority: ORS 409.050, 183.341 & 418.005
Statutes/Other Implemented: ORS 409.050, 418.005, 183.411-183.471, 409.185, 418.257 - 418.259, 419B.005 - 419B.050, 443.400 - 443.455 & Senate Bill 790 (2023 OL Chapter 581)