Or. Admin. R. 123-200-2000 - Complaints of Ineligibility for All Programs
(1) A complainant must submit a Complaint of
Ineligibility regarding certification of an individual or firm to the COBID.
The COBID will process complaints according to the following procedure:
(a) Any individual or agency who believes
that an individual or certified firm does not qualify under the standards of
eligibility for certification may file a complaint of ineligibility. The
complainant(s) must fill out a formal complaint form provided by the COBID. The
purpose of the complaint process is to maintain the transparency of all
programs.
(b) The complainant must
use the form provided and submit the document to the COBID setting forth facts,
which indicate that the applicant or certified firm is not eligible. The
complaint must include copies of any supporting documents the complainant(s)
may possess. The complainant(s) shall describe the facts in as much detail as
possible.
(c) The COBID will only
investigate complaints based on firsthand knowledge and those that contain
allegations supported by evidence. The COBID will not investigate anonymous or
third party complaints. Complaints based on hearsay (i.e. third person account,
general assumption, word-of-mouth, and/or speculation) will not be
investigated. The COBID does not accept general allegations. The COBID will not
investigate unsupported complaints and will return the document to the
complainant.
(2) The
COBID will notify the complainant(s) in writing when it refuses to investigate
a complaint. The notification may include:
(a) The initial complaint filed by the
complainant(s);
(b) Explanation of
why the complaint is not being investigated; and
(c) A request for additional information,
when applicable.
(3)
The complainant(s) may submit a revised complaint addressing the COBID's
concerns.
(4) The complainant(s)
must sign the complaint and provide a physical mailing and email address, and
telephone number where the COBID may reach the individual during the
investigation.
(5) While
responding to requests for information concerning any aspect of the programs,
the COBID complies with provisions of the Federal Freedom of Information and
Privacy Acts. The COBID may make available to the public any information
concerning the programs not prohibited by federal or state law. Information
submitted to the COBID is subject to public record law, ORS 192.410, 192.501,
192.502, and 192.505. The public may inspect certain information in the
agency's possession. The information may include names of the complainant.
Certain other records the COBID may keep confidential, under certain
circumstances. These may include, but are not limited to: reports from
creditors, employers, customers, suppliers, financial statements, tax returns,
business records, employment history and other personal data submitted by the
applicant, customer lists, bids, proposals, and contracting information,
production, sales or cost data, and marketing strategy information. Although
the agency will attempt to keep the information submitted confidential, it
cannot guarantee confidentiality in all cases.
(6) The COBID may keep the identity of the
complainant(s) confidential, at the complainant(s) election, throughout the
course of the investigation. A complainant(s) may waive this privilege of
confidentiality at any time. If such confidentiality will hinder the
investigation, proceeding, hearing, or result in a denial of appropriate
administrative due process to other parties, the COBID will advise the
complainant(s) that, in some circumstances, failure to waive the privilege of
confidentiality may result in the closure of the investigation or dismissal of
the proceeding or hearing.
(7) The
COBID will investigate each complaint as promptly as resources allow. If
preliminary investigative results show good cause for in-depth investigation,
the COBID will notify the applicant or certified firm identified in the
complaint by certified mail. The notice will summarize the grounds for the
challenge and will require the applicant or certified firm to provide to the
COBID, within a reasonable period of time, information sufficient to permit the
agency to evaluate the complaint and the application or certified firm's
qualifications for the programs. The applicant, certified firm, and
complainant(s) shall cooperate fully in the COBID's investigation.
(8) After the investigation is complete, the
COBID will issue a written decision in the form of a rejection of the
complaint, Notice of Intent to Deny, or Notice of Intent to Decertify. The
decision will address each issue raised in the complaint and throughout the
investigation and the reasoning for the decision. The COBID will mail the
written decision to the applicant or certified firm and to the complainant(s).
The COBID will not deny or decertify a firm based on a complaint without first
giving the firm an opportunity to respond.
(9) The applicant or certified firm has 21
calendar days from the date of Notice of Intent to Deny or Notice of Intent to
Decertify in which to submit a written appeal to the manager of the COBID.
Following the review of the applicant's written appeal, the manager of COBID
will issue a decision.
(10) If the
applicant or certified firm does not agree with the manager's decision, he or
she may request a contested case hearing. The COBID will conduct a contested
case hearing in accordance with ORS 183.310 to 183.550. Following the contested
case hearing, the Hearings Officer will forward a proposed order to the manager
of the COBID for issuance of a final order.
(11) If the applicant or certified firm files
an appeal in writing or requests a contested case hearing, the COBID will stay
the denial or decertification pending the issuance of the final order. If the
applicant or certified firm does not submit a written appeal or request for a
contested case hearing to the COBID within the 21-day period, the denial or
decertification shall be final.
(12) The COBID will not consider opposing
information received about an applicant prior to the initial certification as a
complaint, but will consider the information in the investigation of the
application for certification.
Notes
Stat. Auth.: ORS 200.055
Stats. Implemented: ORS 200.055
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