Current through Register Vol. 63, No. 9, September 1, 2024
(1) After
an abuse determination is made and the investigation report has been approved
to close, OTIS shall make and document the notifications described in this
rule.
(2) When an allegation is
determined to be not substantiated under these rules, OTIS shall provide
written notice of the outcome to the AP. A copy of this notification will be
provided to:
(a) The OHA HSD specialist;
and
(3) When an allegation is
determined to be substantiated under these rules, OTIS shall send to the AP a
Notice of Substantiated Abuse and include a redacted copy of the abuse
investigation report. The notice shall include:
(a) The allegation investigated and legal
authority relied upon.
(b) The
abuse finding and standard of proof used.
(c) An explanation of AP's right to ask for
an OTIS administrative review of the abuse finding, including information on
how an abuse finding may affect employment.
(d) How to request an administrative review
in writing, including the address to send the request; and state if assistance
is needed in understanding the information, the AP may call OTIS with a phone
number provided in the notice.
(e)
A request the AP provide information as part of their written request for an
OTIS administrative review.
(A) Information
requested should include:
(i) Date the request
for review is written;
(ii) Case
number found on the notice and the redacted report;
(iii) Full name and date of birth of the AP;
and current name if changed since the investigation began;
(iv) For each allegation, an explanation,
responsive to the information provided in the report, stating why it is
believed the substantiated abuse finding should be changed to not substantiated
with any additional information or documents provided to be considered during
the review;
(v) State whether they
wish or do not wish to be contacted during the OTIS review for a telephone
interview with current phone information provided if contact wanted;
(vi) Current mailing address and other
contact information, such as email if preferred; and
(B) Requests for reviews that do not contain
all requested information outlined in (A) shall be afforded an OTIS review
based on the information that is provided.
(f) Only the AP may request a review. When a
SUD facility is named, then the licensee or legal representative, such as the
executive director or board chair may request the review.
(g) A statement that the request shall be
received by OTIS no later than 30 calendar days from the date of the Notice of
Substantiated Abuse, including if the AP's request for review is mailed, the
date the letter is postmarked shall be considered the date of delivery to
OTIS.
(h) A statement that if no
request for review is received within 30 calendar days from the date of the
Notice of Substantiated Abuse, OTIS shall issue a Final Order. This order
advises the AP of the right to petition for judicial review under ORS
183.484, as an order in an
"other than contested case" within 60 days of service of the final order.
Petitions for review shall be filed in Marion County Circuit Court or the
circuit court of the county where the AP resides or has a principal business
office.
(4) OTIS shall
send the notices described in (2) or (3) to the AP by all of the following:
(b) Certified mail with return receipt
requested if an allegation is substantiated.
(c) Alternative methods such as fax or
electronic mail only when the respondent has requested an alternate
method.
(5) OTIS shall
provide the OHA HSD specialist with a copy of any written notices sent to the
AP as described in (3).
(6) OTIS
shall document how the notices were provided and maintain a record of all
notices.
Statutory/Other Authority: ORS
409.010,
409.050,
413.085 & ORS
430.731
Statutes/Other Implemented: ORS
430.731,
430.205 and
430.210 (amended by OL 2019,
Chapter 236), ORS 183.480 and
183.484,
430.735 - 430.765 (amended by OL
2018, Chapter 77, Section 2), 443.400 - 443.455, 42 CFR, Part 2, Oct. 1, 2018
& 430.256, 430.306, 430.335, 430.338, 430.357, 430.397, 430.399, 430.630,
430.640