Oregon Administrative Rules › Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES › Division 20 - DISPUTE RESOLUTION AND REVIEW OF DETERMINATIONS OF REHABILITATION SERVICES › Section 582-020-0125 - Formal Administrative Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A party who is dissatisfied with the
			 decision or any part of the decision of the Impartial Hearing Officer issued on
			 or after February 1, 2004 may seek an impartial review of the decision by
			 filing a Request for Formal Administrative Review within 20 days of the mailing
			 (as described at OAR 582-020-0040(4)) of the Impartial Hearing Officer
			 decision. The request shall be in writing filed with the OVRS Dispute
			 Resolution Coordinator at the OVRS Central Administrative Office in
			 Salem.
(2) The Formal
			 Administrative Review shall be conducted by a Reviewing Official, who shall be
			 the Director of the Department of Human Services or the designee of the
			 Director. The designee may not be an employee of OVRS, or an individual
			 previously involved in the vocational rehabilitation of the client, or an
			 individual with a personal or financial conflict of interest.
(3) On receipt of a timely Request for
			 Formal Administrative Review, the OVRS Dispute Resolution Coordinator shall
			 promptly notify the Reviewing Official and the parties to the Impartial Hearing
			 Officer decision. The OVRS Dispute Resolution Coordinator shall provide the
			 entire hearing record to the Reviewing Official.
(4) The Reviewing Official shall provide both parties with an
			 opportunity to submit in writing additional evidence and information relevant
			 to a final decision concerning the matter under review. Each party shall
			 provide copies to the opposing party of any materials submitted directly to the
			 Reviewing Official. If the Reviewing Official does not provide a schedule for
			 submitting written materials, all written materials must be received by the
			 Reviewing Official no later than 20 days after the filing date of the Request
			 for Formal Administrative Review.
(5) The Reviewing Official shall make an independent, final
			 decision following review of entire hearing record and provide the decision in
			 writing, including a full report of the findings and the statutory, regulatory,
			 or policy grounds for the decision to the client or as appropriate, the
			 client's representative, and to the OVRS Dispute Resolution Coordinator within
			 30 days of the Request for Formal Administrative Review.
(6) The Reviewing Official may not overturn
			 or modify the hearing officer's decision, or any part of that decision, that
			 supports the position of the client unless the Reviewing Official concludes,
			 based on clear and convincing evidence, that the decision of the Impartial
			 Hearing Officer is clearly erroneous on the basis of being contrary to the
			 approved State Plan, the federal Rehabilitation Act, federal vocational
			 rehabilitation regulations, or state regulations and policies that are
			 consistent with federal requirements.
(7) The decision of the Reviewing Official is a final order and
			 shall be implemented unless directed otherwise by a state or federal
			 court.
Statutory/Other Authority: ORS
				  344.530,
				  344.590
Statutes/Other Implemented: ORS
				  344.530,
				  344.550,
				  344.590