OAR 459-001-0030: Review of Staff Actions and Determinations Regarding Persons

(1) For purposes of this rule, “Director” means the executive director of PERS, or an administrator appointed by the executive director. (2) Request for review. Any person may file with the Director a request for review of a staff action or determination, except as provided for in ORS 238.285, 238.450 or in Board rules on disability retirement. The request must be filed within 60 days following the date the staff action or determination is sent to the person requesting review. (3) Informal conferences. Informal conferences are available as an alternative means that may achieve resolution of any matter under review. A request for an informal conference does not change the time limit to file a request for review. (4) Criteria for request. A request for review of a staff action or determination must be in writing and set forth: (a) A description of the staff action or determination for which review is requested; (b) A short statement of the manner in which the action is alleged to be in error; (c) A statement of facts that are the basis of the request; (d) Reference to applicable statutes, rules or court decisions relied upon; (e) A statement of the relief requested; and (f) A request for review. (5) Denial of request. The Director may deny any request for review within 45 days of receipt of the request: (a) If the request does not contain the information required under section (4) of this rule; or (b) When, in the Director's view, there is no bona fide dispute of material fact, the pertinent statutes and rules are clear in their application to the facts, and there is no material administrative error. (6) If a request is denied by the Director because it does not contain the information required under section (4) of this rule, a requester will have one opportunity to correct that deficiency and resubmit a request for review within 45 days of the date of denial. (7) Approval of request. If the request for review is granted, the Director must issue a written determination within 45 days of receipt of the request after: (a) Considering the request; (b) Directing staff to reconsider; or (c) Directing staff to schedule an informal conference. (8) Extension of deadline. Any 45-day deadline within this rule may be extended upon request in writing for an additional 45 days. (9) Resolution process. (a) In lieu of issuing a written determination, the Director may direct staff to schedule a formal contested case hearing. The hearing must be conducted in accordance with the Attorney General’s Model Rules of Procedure. (b) If a request is denied or the Director's determination is not the relief sought by the person, and the Director did not cause a contested case hearing to be scheduled, a person may file with the Board a request for a contested case hearing pursuant to the Attorney General’s Model Rules of Procedure.