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Oregon Bulletin

September 1, 2013

Oregon Youth Authority, Chapter 416

Rule Caption: Adopting the January 2012 Attorney General’s Uniform and Model rules of Procedure by reference.

Adm. Order No.: OYA 2-2013

Filed with Sec. of State: 7-29-2013

Certified to be Effective: 7-29-13

Notice Publication Date:

Rules Amended: 416-800-0080

Subject: OYA is updating its agency Model Rules of Procedure by adopting the current version of the Attorney General’s Uniform and Model Rules of Procedure published in January 2012.

Rules Coordinator: Winifred Skinner—(503) 373-7570

416-800-0080

Appealing a Fitness Determination

(1) Model Rules of Procedure. OYA adopts the Attorney General’s Model Rules of Procedure OAR 137-003-0001 to 137-003-0091 and 137-003-0580, effective January 2012, as procedural rules for contested case hearings. In addition to the Model Rules of Procedure adopted by OYA, the procedures set forth in this rule must apply.

(2) Process

(a) A Subject Individual may appeal a Fitness Determination by submitting a written request for a contested case hearing to the address specified in the notice provided under OAR 416-800-0070.

(A) A request for a hearing from a foster parent or foster parent applicant must be received by OYA within 60 days of the date of the notice.

(B) A request for a hearing from any Subject Individual other than foster care parents or foster care applicants must be received by OYA within 14 calendar days of the date of the notice.

(b) When a timely request is received by OYA under subsection (a), a contested case hearing must be conducted by a hearing officer appointed by OYA’s Director.

(3) Time and Place of Hearings. The time and place of hearing will be set by the hearing officer. Notice of the hearing must be served on the appropriate assistant director and interested parties at least ten days in advance of the hearing date.

(4) Discovery. OYA or the hearing officer may protect information made confidential by ORS 181.534(15) or other applicable laws and rules.

(5) Disclosure of LEDS Information. Information obtained through LEDS must be disclosed only in a manner consistent with Oregon State Police rules and regulations.

(6) No Public Attendance. Contested case hearings on Fitness Determinations are closed to non-participants.

(7) Proposed and Final Order

(a) Proposed Order. After a hearing, the hearings officer will issue a proposed order.

(b) Exceptions. Exceptions, if any, must be filed within 14 calendar days after service of the proposed order. The proposed order must provide an address to which exceptions must be sent.

(c) Default. A completed final Fitness Determination made under OAR 416-800-0050 becomes final: (A) unless the Subject Individual makes a timely request for hearing; or (B) when a party withdraws a hearing request, notifies the agency or the hearing officer that the party will not appear, or fails to appear for the hearing.

(8) Alternative Process. A Subject Individual currently employed by OYA may choose to appeal a Fitness Determination either under the process made available by this rule or through the process made available by applicable personnel rules, policies and collective bargaining provisions. A Subject Individual’s decision to appeal a Fitness Determination through applicable personnel rules, policies, and collective bargaining provisions is an election of remedies as to the rights of the individual with respect to the Fitness Determination and is a waiver of the contested case process made available by this rule.

(9) Remedy. The only remedy that may be awarded is a determination that the Subject Individual is fit. Under no circumstances must OYA be required to place a Subject Individual in any position, nor must OYA be required to accept services or enter into a contractual agreement with a Subject Individual.

(10) Challenging Criminal Offender Information. A Subject Individual may not use the appeals process established by this rule to challenge the accuracy or completeness of information provided by the Oregon Department of State Police, the Federal Bureau of Investigation, or agencies reporting information to the Oregon Department of State Police or the Federal Bureau of Investigation. To challenge information identified in this section (10), a Subject Individual may use any process made available by the agency that provided the information.

Stat. Auth.: ORS 181.534 & 420A.021
Stats. Implemented: ORS 181.534, 420A.010, 420A.020, 420A.021
Hist.: OYA 3-2010, f. 6-10-10 cert. ef. 6-25-10; OYA 2-2013, f. & cert. ef. 7-29-13

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, 2012.

2.) Copyright 2013 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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