OAR 413-010-0535: Proposed and Final Orders

(1) When the Department refers a contested case under these rules (OAR 413-010-0500 to 413-010-0535) to OAH, the Department indicates on the referral whether the Department is authorizing: (a) A proposed order; (b) A proposed and final order (OAR 137-003-0645(4); or (c) A final order. (2) During or after a contested case hearing, when it is determined that the correct application of OAR 413-020-0230, 413-090-0133, or 413-090-0150 requires the consideration of facts that differ from the facts on which the Department made a decision to deny, reduce, or terminate either a level of care payment or a level of personal care payment, the Department will reapply OAR 413-020-0230, 413-090-0133, or 413-090-0150 based on new or different facts. (3) When the Department authorizes either a proposed order or a proposed and final order: (a) The party may file written exceptions and written argument to be considered by the Department. The exceptions and argument must be received at the location indicated in the order, and postmarked or received not later than the tenth day after service of the proposed order or proposed and final order. (b) If the party does not submit timely exceptions or argument following a proposed and final order, the proposed and final order becomes a final order on the eleventh day after service of the proposed and final order unless the Department has issued a revised order or has notified the parties and the administrative law judge that the Department will issue the final order. (c) When the Department receives timely exceptions or argument, the Department issues the final order, unless the Department requests that OAH issue the final order under OAR 137-003-0655. (4) A request by a party for reconsideration or rehearing must be filed with the person who signed the final order within the time limits of OAR 137-003-0675. (5) A final order should be issued or the case otherwise resolved no later than 90 days following the receipt of the request for a hearing. (6) A final order is effective immediately upon being signed or as otherwise provided in the order. (7) The Department reserves the right to withdraw or amend any final order issued by OAH or the Department at any time permitted by law.