OAR 407-005-0100: Purpose and Scope

(1) These rules (OAR 407-005-0100 through 407-005-0120) describe the process for reporting, investigating, and resolving Department of Human Services' customer or client complaints about staff conduct, or customer service or lack of customer service received from Department personnel or Department contractors. (2) OAR 407-005-0100 through 407-005-0120 applies to Department personnel and Department contractors: (a) Department contractors shall have established processes for addressing customer service complaints received from Department customers or clients served by Department contractors that meet or exceed the requirements set forth in these rules (OAR 407-005-0100 through 407-005-0120); (b) Department contractors must cooperate with the Department’s customer service complaint process and investigation if complaints are filed against them with the Department; (c) Department contractors shall provide a copy of their established process upon request of the Department. (3) The customer service complaint process described in these rules does not apply to the following situations: (a) The customer or client is entitled to, or is requesting an administrative or contested case hearing; (b) The subject matter of the complaint should be or already has been decided by a judge; (c) The subject matter of the complaint is dissatisfaction or disagreement with a decision subject to review under OAR 582-020-0005 through 582-020-0125 (Vocational Rehabilitation Service Program); (d) The subject matter of the complaint is subject to review under OAR 413-010-0420 (Review of DHS Child Welfare Decisions): (A) Adoption committee decision; (B) Child Protective Services disposition; (C) Juvenile court ruling. (e) The subject matter of the complaint is a report of discrimination subject to review under OAR 407-005-0025 through 407-005-0030; (f) The subject matter of the complaint is subject to review under OAR 410-141-0260 through 410-141-0266 (Oregon Health Plan Prepaid health plan grievance system: PHP complaint and appeal procedures); (g) The subject matter of the complaint is subject to review under OAR 309-118-0000 through 0050 (Oregon State Hospital patient grievance process); or (h) Complaints filed anonymously. Anonymous complaints will be reviewed by the Governor’s Advocacy Office.