Or. Admin. R. 414-061-0120 - Rights for Review and Contested Case Hearings
(1) The Department
shall afford subject individuals the right to appeal a decision made by the
Department that the subject individual is denied, suspended, or removed from
enrollment from the Central Background Registry through a contested case
hearing pursuant to ORS
183.413 through
183.470. Subject individuals
must submit a request for a contested case hearing in writing.
(2) The Department does not have authority to
change decisions, records, or information from other agencies.
(3) The Department is entitled to rely on the
criminal records, child abuse and neglect records and information, foster care
and adult protective services records and information or child abuse and
neglect information until notified that the information has been changed or
corrected in a manner that would alter the the Department's decision.
(4) To preserve the confidentiality of the
records and the privacy of the subject individual, any contested case hearing
will not be open to the public unless requested by the subject
individual.
(5) A subject
individual who is also an employee of the licensing unit of the Department and
who is determined unsuitable for enrollment in the Central Background Registry
may appeal the determination through either the contested case process or
applicable personnel rules, policies and collective bargaining provisions. A
subject individual's decision to appeal a determination through personnel
rules, policies and collective bargaining provisions shall constitute an
election of remedies as to the rights of the subject individual with respect to
the disqualification determination and shall constitute waiver of the contested
case process.
Notes
Statutory/Other Authority: ORS 329A.030(7)
Statutes/Other Implemented: ORS 329A.030; HB 2259 (2017)
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) CCLD shall afford subject individuals the right to appeal a decision made by OCC that the subject individual is denied, suspended, or removed from enrollment from the Central Background Registry through a contested case hearing pursuant to ORS 183.413 through 183.470. Subject individuals must submit a request for a contested case hearing in writing.
(2) CCLD does not have authority to change decisions, records, or information from other agencies.
(3) CCLD is entitled to rely on the criminal records, child abuse and neglect records and information, foster care and adult protective services records and information or child abuse and neglect information until notified that the information has been changed or corrected in a manner that would alter the CCLD decision.
(4) To preserve the confidentiality of the records and the privacy of the subject individual, any contested case hearing will not be open to the public unless requested by the subject individual.
(5) A subject individual who is also an employee of the licensing unit of CCLD and who is determined unsuitable for enrollment in the Central Background Registry may appeal the determination through either the contested case process or applicable personnel rules, policies and collective bargaining provisions. A subject individual's decision to appeal a determination through personnel rules, policies and collective bargaining provisions shall constitute an election of remedies as to the rights of the subject individual with respect to the disqualification determination and shall constitute waiver of the contested case process.
Notes
Statutory/Other Authority: ORS 329A.030(7)
Statutes/Other Implemented: ORS 329A.030; HB 2259 (2017)