OAR 413-205-0085: Requirements Regarding Contested Case Hearings

(1) When the Department denies an application for a Respite Certificate of Approval or revokes certification, the respite applicant or Certified Respite Provider has a right to request a contested case hearing under this rule. (2) A respite applicant for a Respite Certificate of Approval or renewal of a Respite Certificate of Approval may request a contested case hearing when the Department has mailed a proposed and final order denying the application. (3) A Certified Respite Provider may request a contested case hearing when the Department has mailed a proposed and final order revoking certification. (4) A Certified Respite Provider , respite applicant, or a respite applicant for renewal of a Respite Certificate of Approval , may request a contested case hearing, as provided in OAR 413-010-0505 and OAR 413-208- 0030. (5) 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 applicant or Certified Respite Provider has waived the right to a hearing, except as provided in OAR 413-010-0505. (6) Department actions when a contested case hearing is timely requested, but such request is subsequently withdrawn, are outlined in OAR 413-010-0530.