OAR 582-020-0090: Formal Administrative Review

(1) A party who is dissatisfied with the IHO’s decision may request a Formal Administrative Review (FAR) of the decision within 20 days from the mailing of the IHO’s decision, as described in OAR 582 ‐ 020 ‐ 0080(3). The request shall be in writing and filed with the Program Dispute Resolution Coordinator at the Central Administrative Office in Salem. (2) A party may not request a Formal Administrative Review before the hearing process has ended or before the Impartial Hearing Officer has issued a final decision. (3) The FAR shall be conducted by a reviewing official. (4) On receipt of a timely request for FAR, the Program Dispute Resolution Coordinator shall promptly notify the reviewing official and the parties.The Program Dispute Resolution Coordinator shall provide the entire hearing record to the reviewing official. (5) The reviewing official shall provide both parties with an opportunity to submit in writing additional evidence and information relevant to a final decision concerning the action under review. Each party shall submit that information to the reviewing official and other party. If the reviewing official does not provide a schedule for submitting written materials, all written materials shall be received by the reviewing official no later than 20 days following the date the Program’s Dispute Resolution Coordinator sent its notice of the pending request, as described in section (3) of this rule. (6) The reviewing official shall make an independent, final decision following review of entire hearing record and provide the decision in writing, including a full report of the findings and the statutory, regulatory, or policy grounds for the decision to the client, the client's representative, and to the Program Dispute Resolution Coordinator within 30 days following the date of the request for a FAR. (7) The reviewing official may not overturn or modify the IHO’s decision, or any part of that decision, that supports the position of the client unless the reviewing official concludes, based on clear and convincing evidence, that the decision of the IHO is clearly erroneous on the basis of being contrary to the approved State Plan, the federal Rehabilitation Act, federal vocational rehabilitation regulations, and Program administrative rules and policies that are consistent with federal requirements. (8) The reviewing official’s decision is a final order unless either party appeals the decision to state court or brings a civil action under OAR 582 ‐ 020-0095. (9) If a party appeals or brings a civil action to challenge the reviewing official’s final order, the order must be implemented pending review by the court, unless a stay is requested and granted by the Program or otherwise ordered by a court.