Oregon Administrative Rules
Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS
Division 10 - CLIENT RIGHTS
Section 413-010-0505 - Hearing Requests
Current through Register Vol. 63, No. 12, December 1, 2024
(1) To request a hearing under OAR 413-010-0500(2)(a):
(2) Requests for a hearing under OAR 413-010-0500(2)(b)-(d) and (f) -(g) must be in writing and must be postmarked or received by the Department by the date specified in the Department's notice or the applicable rule setting a hearing request deadline, whichever is later.
(3) In the event a request for a hearing is not timely, OAR 137-003-0528 applies, except to the extent provided otherwise in section (5) of this rule.
(4) If a contested case notice was sent by regular mail, and the party or party's representative indicates that neither the party nor the party's representative received or had actual knowledge of the contested case notice, the Department must advise the party or party's representative of the right to request a hearing under section (5) of this rule.
(5) When the Department receives a hearing request that is not filed within the timeframe required by section (1) or section (2) of this rule but is filed no later than 60 days after a notice becomes a final order under OAR 413-010-0510(3):
(6) Upon receipt of a hearing request that is not described in OAR 413-010-0500(2), the Department may enter an order that the hearing request is not eligible for referral to OAH. Alternately, the Department may refer a hearing request to OAH for a decision on the question of whether there is a right to a contested case hearing.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 183.411 - 183.685, 411.095, 411.103 & 418.005