The division may also consider the probable length of stay at the state institution. To determine ability to pay, the division may use any information available to the division, including information provided by the Department of Revenue from personal income tax returns pursuant to ORS 314.840, and elderly rental assistance claims. Upon request, the Department of Revenue shall release copies of tax returns to the division. Where the person or the person's authorized representative fails to provide evidence to demonstrate an inability to pay full cost of care, the division may determine the person has the ability to pay the full cost of care. The order shall state the person's full liability and the person's determined ability to pay.
Actual notice means receipt by the person and the authorized representative of notice.
Any remaining balance of full cost of care shall be collected as provided in ORS 179.740. To the extent practical, the hearing will be held at a location convenient to the person or the authorized representative. If the person or the authorized representative makes a timely request for a contested case hearing, the hearing and any appeal of the final hearing order shall be governed by ORS 183.413 to 183.497. The lien shall arise as each payment is due under the order and shall continue until the liability with interest is satisfied. The lien shall be upon the title to and interest in the real and personal property of the personal estate.