OAR 836-011-0535: Hearings

Upon the occurrence of any of the following events, a health care service contractor may request a hearing, as provided in ORS 731.240, for the purpose of challenging any determination or action by the Director in connection with any event described in this rule. The health care service contractor shall notify the Director of its request for a hearing not later than the fifth day after notification by the Director under any of the events described in this rule. Upon receipt of the health care service contractor’s request for a hearing, the Director shall set a date for the hearing. The date shall be not less than 10 nor more than 30 days after the date of the health care service contractor’s request. The events to which the opportunity for a hearing under this rule relates are as follows: (1) Notification to a health care service contractor by the Director of an adjusted RBC report; (2) Notification to a health care service contractor by the Director that: (a) The health care service contractor’s RBC plan or revised RBC plan is unsatisfactory; and (b) Notification constitutes a Regulatory Action Level Event with respect to the health care service contractor; (3) Notification to a health care service contractor by the Director that the health care service contractor has failed to adhere to its RBC plan or revised RBC plan and that the failure has a substantial adverse effect on the ability of the health care service contractor to eliminate the Company Action Level Event with respect to the health care service contractor in accordance with its RBC plan or revised RBC plan; or (4) Notification to a health care service contractor by the Director of a corrective order with respect to the health care service contractor.