Current through Register Vol. 63, No. 12, December 1, 2024
(1)
Effective June 26, 2009, to maintain business continuity for the
duties, functions, and powers transferred to the Oregon Health
Authority, the agencies listed in OAR 943-001-0010(1)(a)-(d) shall
continue to exercise their former duties, functions, and powers,
subject to the supervision and oversight of the Oregon Health
Authority, until superseded, by operational transfer, either in whole
or in part, to the Oregon Health Authority, as follows:
(a) All rules shall remain in
effect and ongoing rule filing processes may continue.
(b) All program administration,
policies, and procedures remain in effect and may continue to be
developed and implemented.
(c) Any judicial or administrative
action, proceeding, contested case hearing, or administrative review
matters, or new action, proceeding, or matter involving or relating
to the duties or powers transferred to the Oregon Health Authority
shall continue.
(d)
Rights and obligations legally incurred under contracts, leases, and
business transactions shall remain legally valid.
(e) Contract, grant, and business
transaction procurement and administration duties, functions, and
powers shall remain in effect and may continue.
(f) Any statutory obligations for
taxes, assessments, fees, charges, or payments shall continue to be
paid to or reimbursed by the appropriate agency.
(g) Any former statutorily required
findings, determinations, or recommendations to be made by the
agencies shall continue to be made by the agencies.
(h) Any former statutorily required
filings, notices or service of papers, applications, notices or other
documents to be mailed, provided to, or served on the agencies shall
continue to be mailed, provided to, or served on the agencies and the
agencies shall retainresponsibility to take any appropriate actions
to protect the interests of the state concerning or arising from any
filings, notices, or service.
(A)
Mailing or service of notices or documents on the agencies shall be
considered notice to the Oregon Health Authority. For example, any
notice sent to the Department of Human Services Estate Administration
Unit for purposes of ORS
113.145,
114.525 and
130.370 shall be
considered notice to the Oregon Health Authority.
(B) Any filings, notices, or
service made to the Oregon Health Authority may be transmitted by the
Oregon Health Authority to the appropriate agency.
(2) Any and
all remaining duties, functions, or powers of the agencies relating
to the duties, functions, and powers transferred to the Oregon Health
Authority that are not described in section (1) shall continue in
effect or be exercised by the agencies until superseded by
operational transfer, either in whole or in part, to the Oregon
Health Authority.
Stat. Auth.: ORS
413.042
Stats. Implemented: ORS
413.032 -
413.037