Caption: Investigatory appearances before
the agency and active military status protocols for authorization holders.
Order No.: HLA 1-2011(Temp)
Filed with Sec. of
Certified to be
Effective: 3-1-11 thru 8-28-11
Rules Adopted: 331-010-0050
Rules Amended: 331-020-0040
Subject: The purpose of this temporary rule is to clarify what
constitutes an appearance before the agency during investigations of alleged
violations of statutes or rules under the authority of the agency, its boards
The purpose of
this temporary rule is to allow authorization holders in active military status
waiver of renewal, fees and continuing education requirements, as well as
protocols for restoration of former authorization status.
(1) A practitioner authorized to practice under a
program listed in ORS 676.606 is not required to renew the authorization or pay
renewal fees while in active military service unless required by the
authorization holders branch of the military.
(2) To be restored to former authorization status the
authorization holder must notify the agency in writing within 60 days of being
(3) No fees will be due until the following renewal
(4) Requirements for completing continuing education
hours during an authorization holder’s active duty period shall be evaluated on
a case by case basis.
Stat. Auth.: ORS 676.615
Stats. Implemented: ORS 676.607
Hist.: HLA 1-2011(Temp), f. &
cert. ef. 3-1-11 thru 8-28-11
Complaint Processing and
Pursuant to ORS 676.608, complaints filed with the
Oregon Health Licensing Agency will be handled as follows:
(1) The agency will determine if the complaint is
related to a profession or occupation regulated and administered by the agency
and the complaint falls within authority delegated to the agency by statute.
(2) The agency investigator(s):
(a) Will review the information and as applicable,
interview parties and witnesses, and examine physical evidence relating to the
(b) Will advise on whether an authorization holder or
other individual practiced within the acceptable standards of the particular
(c) Will make recommendations for agency action.
(3) After receiving advice from the investigator(s),
the agency will determine what action will be taken in accordance with ORS
(4) As used in ORS 676.608(8), to “appear before the
agency” includes: an investigative interview conducted on agency premises or
before a board, council, or subcommittee of a board or council; any depositions
authorized by the agency; pre-hearing conferences; contested case hearings; and
appearances compelled by subpoena. It does not include an investigative
interview conducted telephonically or outside of agency premises.
Hist.: HLO 1-2004, f. & cert.
ef. 2-13-04; HLA 1-2009, f. & cert. ef. 6-1-09; HLA 1-2011(Temp), f. &
cert. ef. 3-1-11 thru 8-28-11
Notes 1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.