OAR 436-105-0008: Denial of Reimbursement, Reconsideration, Director’s Review

(1) Denial of reimbursement. The director will deny any reimbursement for Employer-at-Injury Program assistance it finds violates these rules. The director has the discretion to deny any reimbursement of Employer-at-Injury Program assistance it determines is not reasonable, practical, or feasible, or considers an abuse of the program. (2) Reconsideration. (a) Parties directly affected by an Employer-at-Injury Program decision may request reconsideration by submitting a written request to the division no later than 60 days after the date the decision was issued. (b) The request must specify the reasons why reconsideration is being requested and may include additional documentation. (c) The director will reconsider the decision and will notify all directly affected parties of its decision upon reconsideration. (d) Reconsideration must precede a director’s review under section (3) of this rule. (3) Director’s review. (a) Parties affected by the reconsideration may request a director’s review by submitting a written request to the division no later than 60 days after the date the reconsideration was issued. The request must specify the reasons why the decision is appealed and may include additional documentation. (b) The director may require any affected party to provide information or to participate in the director’s review. If the party requesting the director’s review fails to participate without reasonable cause as determined by the director, the director may dismiss the review. (c) The director’s review decision will be issued in writing. The director’s review decision is final and not subject to further review by any court or other administrative body.