OAR 413-010-0430: Grievances Not Subject to These Rules

(1) Except as provided in section (2) of this rule and in OAR 413-010-0440(1) and (2), complaint review procedures in these rules (413-010-0400 to 413-010-0480) are not required in each of the following situations: (a) The individual or contract provider has requested a contested case hearing. (b) The matter, which would be the subject of the complaint review, is presently the subject of a juvenile court proceeding. (c) The individual or contract provider has initiated court action. (d) The subject matter of the complaint has been reviewed by a judge. (e) A term or condition in a contract provider's contract or agreement provides for a different process. (f) The complainant has requested review of a Child Protective Services (CPS) disposition, under OAR 413-010-0700 to 413-010-0750 (Review of Founded Dispositions), that is the subject matter of the complaint. (g) The complainant has requested review of an Adoption Committee Decision, under OAR 413-120-0060 (Review of Adoption Committee Decision), that is the subject matter of the complaint. (2) A complaint about a "reasonable modification" (see OAR 407-005-0005(10)) or a report of discrimination arising from the disability of a client (see 407-005-0005(6)) is handled as described in these rules, in 407-005-0025 and 407-005-0030, and in Department Policy DHS-010-0005, "Non-Discrimination on the Basis of Disability for Programs, Services and Activities."