OAR 413-200-0396: Requirements Regarding Contested Case Hearings

(1) When the Department denies an application for certification or revokes certification, the applicant or resource parent has a right to request a contested case hearing under this rule. (2) An applicant for certification, renewal of a certificate, or a Change of Status may request a contested case hearing when the Department has mailed a proposed and final order denying the application. (3) A resource parent may request a contested case hearing when the Department has mailed a proposed and final order revoking certification. (4) A resource parent, applicant for certification, renewal of a certificate, or a Change of Status, or applicant for consideration as a potential adoptive resource may request a contested case hearing, as provided in OAR 413-010-0505 and OAR 413-208-0030. (5) An applicant who is denied approval as a potential adoptive resource for one or more of the reasons in OAR 413-120-0225(2) does not have a right to request a contested case hearing, and instead OAR 413-120-0225(3) applies. (6) If the Department does not receive a request for a contested case hearing within 30 days of the date the Department mailed the proposed and final order of denial or revocation, the resource parent or applicant has waived the right to a hearing, except as provided in OAR 413-010-0505. (7) Department actions when a contested case hearing is timely requested but such request is subsequently withdrawn are outlined in OAR 413-010-0530.