Or. Admin. R. 414-600-0045 - Conditions and Process for Revocation of Eligibility; Revocation Appeals
(1) OARN may revoke
a Relief Nursery's eligibility to receive state funding if OARN determines that
the Relief Nursery no longer meets eligibility requirements in accordance with
OAR 414-600-0015 to 414-600-0120.
(2) A Relief Nursery whose eligibility to
receive state funding is revoked by OARN may appeal the revocation in the
manner provided in this rule.
(3)
Initial Appeal to OARN.
(a) To initiate an
appeal of a revocation of eligibility, a Relief Nursery must submit a written
appeal request to OARN within 30 calendar days of the date that OARN issues its
proposed revocation of eligibility decision letter.
(b) An appeal of a revocation decision is
limited to whether OARN's decision to revoke was based on the eligibility
requirements in accordance with OAR 414-600-0015 to 414-600-0120.
(c) A Relief Nursery's appeal must identify
how the Relief Nursery believes OARN misapplied the eligibility requirements of
OAR 414-600-0015 to 414-600-0120 and how that error led to OARN's revocation of
eligibility.
(d) Upon receipt of a
written appeal request, OARN shall notify the Department of the request and
create an appeal file. OARN must maintain all records and documents relating to
the appeal and provide copies of all records and documents relating to the
appeal to the Department upon request by the Department.
(e) OARN's review shall be conducted by
individuals who did not participate in the revocation determination at issue in
the appeal.
(f) OARN shall notify
the Relief Nursery and the Department of its decision in writing within 30
calendar days of receipt of the appeal request.
(3) Request for Department Review.
(a) If a Relief Nursery is not satisfied with
the outcome of its appeal to OARN, the Relief Nursery may request a review of
OARN's decision by the Department.
(b) The request for Department review must be
received in writing by the Department within 30 days of the date that OARN's
written decision notification was issued.
(c) A Relief Nursery's request for Department
review must identify in writing the decision made by OARN, describe the alleged
error in OARN's decision and provide information to support the Relief
Nursery's disagreement with the decision.
(d) The Department makes all final decisions
on revocation determinations. The Department's review and final decision are
limited to whether OARN's revocation decision comported with the requirements
of OAR 414-600-0015 to 414-600-0120, and otherwise comports with applicable
law.
Notes
Statutory/Other Authority: ORS 326.425(7)
Statutes/Other Implemented: ORS 417.788 & ORS 417.786
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