OAR 409-039-0080: Reconsideration Process for Denied Waivers

(1) A temporary staffing agency, facility, or hospital may submit a request for the Authority to reconsider a decision to deny a request to renew an Emergency Waiver under OAR 409-039-0060, or a Non-Emergency Waiver, including a renewal, under OAR 409-039-0070. (2) A request for reconsideration under Section (1) of this rule will be submitted using the form available at the Program Website. (3) A request for reconsideration must be submitted within ten (10) business days of a denial. (4) The Authority will render a determination on a request for reconsideration filed pursuant to Section (1) of this rule within ten (10) business days after the date such request is received by the Authority. (5) For the purposes of this rule, a request to renew an Emergency Waiver that is filed with the Authority on or after 4:00 p.m. on a weekday, or on a Saturday, Sunday, or legal holiday, will be considered received on the next following business day. (6) If the Authority denies the request for reconsideration, the requestor may appeal the denial by requesting a contested case hearing. The appeal must be filed with the Authority within 15 calendar days from the date of service of the denial. (a) Contested case hearings will be conducted pursuant to ORS Chapter 183 and the Attorney General's Uniform and Model Rules of Procedure for the Office of Administrative Hearings. (b) The requestor will have the burden to prove a compelling need for the Emergency Waiver or Non-Emergency Waiver. (c) The issues to be considered in a contested case hearing conducted pursuant to this rule will be limited in scope to the facts and conclusions contained in the Authority’s denial.