OAR 860-033-0537: Notice of Proposed Assessment, Hearing, and Order

(1) If the recipient does not comply with the requirements in OAR 860-033-0535, the Commission may issue a notice of proposed assessment to the recipient at the address on file with the Commission for the cost to repair or replace the Assistive Telecommunication Device or Adaptive Equipment while it remains the property of the State of Oregon. (a) The Commission may assess the full replacement cost when the recipient’s violation of OAR 860-033-0535 occurs in the first year following purchase of the Assistive Telecommunication Device or Adaptive Equipment, seventy-five percent of the replacement cost in the second year following its purchase, fifty percent of the replacement cost in the third year following its purchase, and twenty-five percent in the fourth year following its purchase. (b) Within 30 days after the service of the notice of proposed assessment, the recipient may submit a written request for a hearing. The request for hearing must include a written response that admits or denies all factual matters alleged in the notice of proposed assessment, and alleges any and all affirmative defenses and the reasoning in support thereof. The Commission must receive the request for hearing within 30 days of the date the notice of proposed assessment was mailed. (c) If the recipient timely files a written request for a hearing as set forth in subsection (b) of this section of this rule, the Commission will grant the recipient a hearing and give at least 10 days’ notice of the time and place of the hearing. The Commission will conduct the hearing under its rules governing hearings and proceedings. (2) If the Commission does not receive a written request within 30 days, the Commission may enter an order on default based on the information in the Commission’s file. Any amount assessed by the Commission in an order on a notice of proposed assessment is due and payable on the tenth day after the date of the order.