OAR 582-020-0050: Impartial Due Process Hearing

(1) The Program shall provide a written Notice of Procedural Rights to the client, or, the client's representative, prior to the commencement of the hearing. (a) The Notice of Procedural Rights shall include the information set forth in ORS 183.413, except to the extent that the information was already provided to the client in the Notice of Proposed Action. (b) The Program's failure to give Notice of Proposed Action of any of the items in ORS 183.413, unless Notice of Proposed Action of that item is also required by another applicable state or federal law, does not invalidate any determination or order of the Program unless upon an appeal from or review of the determination or order, a court finds that the failure affects the substantial rights of the complainant. In the event of such finding, the court shall remand the matter to the Program for a reopening of the hearing and shall direct the Program as to what steps it shall take to remedy the prejudice to the rights of the complainant. (2) The Program shall refer a completed and timely hearing request, as described in OAR 582-020-0035, to an Impartial Hearing Officer. (3) The hearing shall be held at a time consistent with OAR 582-020-0035 and designated by the Impartial Hearing Officer. (4) The hearing shall be held in a location that is convenient and accessible, as agreed to by the client and the Program. (5) Hearings shall be conducted in person, or by telephone or videoconference. (6) The parties shall have the opportunity to submit documentary evidence, to testify, and to call and cross-examine witnesses. (7) Evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs shall be admissible. (8) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded, and privileges afforded by Oregon law shall be recognized by the Impartial Hearing Officer. (9) Transmittal of questions to Program: At the request of one of the parties or their representatives, or on the Impartial Hearing Officer's own motion, the Impartial Hearing Officer may transmit a question to the Program to request the Program's interpretation of its rules and applicable statutes, or which rules or statutes apply to a proceeding. (a) The Impartial Hearing Officer shall submit any transmitted question in writing to the Program. The submission shall include a summary of the matter in which the question arises and shall be served on the parties. (b) The Program may ask for clarification in order to respond to the transmitted question. (c) Unless prohibited by statute or administrative rules governing the timing of hearings, the Impartial Hearing Officer may continue the hearing or delay issuing a decision in order to get a response from the Program. (d) The Program shall respond in writing to the transmitted question within a reasonable time. The Program's response shall be signed by an individual with authority to answer the question transmitted. (e) The Program's response shall be made a part of the hearing record. The Program's response may be to decline to answer the transmitted question. The Program shall provide its response to the parties and Impartial Hearing Officer. The parties may reply to the Program's response no less than seven calendar days, unless ordered by the Impartial Hearing Officer and agreed to by the Program.