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The Oregon Administrative Rules contain OARs filed through November 15, 2014
 
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OREGON HEALTH AUTHORITY,
ADDICTIONS AND MENTAL HEALTH DIVISION: MENTAL HEALTH SERVICES

 

DIVISION 90

FORENSIC MENTAL HEALTH EVALUATORS AND EVALUATIONS

309-090-0000

Purpose and Scope

These rules establish minimum standards for the certification of psychiatrists, licensed psychologists, and regulated social workers, who are Licensed Clinical Social Workers (LCSW), related to performing forensic examinations and evaluations as described in ORS 161.309–161.370, 419C.150, 419C.378-419C.398 and 419C.524. The rules are intended to ensure that forensic evaluations meet consistent quality standards and are conducted by qualified and trained evaluators. The Oregon Health Authority (OHA) shall provide training, certify qualified applicants and maintain a list of certified forensic evaluators for statewide use.

Stat. Auth.: ORS 413.042; OL 2011, HB 3100, 161.392, HB2836, 419C.382
Stats. Implemented: OL 2011, HB 3100, ORS 161.392,HB2836, 419C.382
Hist.: MHS 12-2011(Temp), f. 12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 13-2012, f. & cert. ef. 6-25-12; MHS 14-2014, f. & cert. ef. 10-29-14

309-090-0005

Definitions

(1) “Authority” means the Oregon Health Authority.

(2) “Competence” means the same as “fitness to proceed” and is defined according to ORS 161.360.

(3) “Conditional Certification” means a psychologist, psychiatrist, or regulated social worker who is a Licensed Clinical Social Worker is temporarily Court-designated as a certified evaluator as defined in OAR 309-090-0010(3).

(4) “Criminal Responsibility” is defined according to ORS 161.295.

(5) “Division” means the Addictions and Mental Health (AMH) Division of the Authority.

(6) “Evaluator” means a psychiatrist, licensed psychologist or a Licensed Clinical Social Worker certified by the Authority to perform forensic evaluations.

(7) “Forensic Psychiatric or Psychological Evaluation” means the assessment of a defendant or juvenile in which the certified forensic evaluator opines on a specific psycho-legal referral question related to ORS 161.360 or 161.295, or 419C.378-419C.398 and is ordered by the Court or requested by associated attorneys.

(8) “Full Certification” means a psychiatrist or licensed psychologist in the state of Oregon satisfying the requirements of this chapter as defined in OAR 309-090-0010(1).

(9) “Juvenile” means a person who is under the age of 18.

(10) “Juvenile Certification” means an evaluator in the state of Oregon satisfies the requirements of this chapter as defined in OAR 309-090-0010(1) and has also completed the specialized juvenile segment of the Oregon Forensic Evaluator Training and has successfully passed the examination for juvenile certification.

(11) “Licensed Clinical Social Worker” means a regulated social worker licensed with the Oregon board of Licensed Social Workers pursuant to ORS 675.530.

(12) “Licensed Psychologist” means a psychologist licensed pursuant to ORS 675.010 through 675.150 by the Oregon Board of Psychologist Examiners.

(13) “Mental Defect” means mental retardation, brain damage or other biological dysfunction that is associated with distress or disability causing symptoms or impairment in at least one important area of an individual’s functioning, as defined in the current Diagnostic and Statistical Manual of Mental Disorders Fourth Edition; Text Revised (DSM-IV-TR) or hereto forward editions of the DSM of the American Psychiatric Association.

(14) “Mental Disease” means any diagnosis of mental disorder which is a significant behavioral or psychological syndrome or pattern that is associated with distress or disability causing symptoms or impairment in at least one important area of an individual’s functioning, as defined in the current Diagnostic and Statistical Manual of Mental Disorders Fourth Edition; Text Revised (DSM-IV-TR) or hereto forward editions of the DSM of the American Psychiatric Association.

(a) The term "mental disease or defect" does not include an abnormality manifested solely by repeated or criminal or otherwise antisocial conduct or by substance induced disorders or paraphilias;

(b) For offenses committed on or after January 1, 1984, the term "mental disease or defect" does not include any abnormality constituting solely a personality disorder.

(15) “Oregon Forensic Evaluator Training Program” means a training program approved by the Authority to review with psychiatrists licensed psychologists, and Licensed Clinical Social Workers best practices for forensic evaluations and the standards required in these rules to perform forensic evaluations for courts in the state of Oregon.

(16) “Psychiatrist” means a physician licensed by the Oregon Medical Board pursuant to ORS 677.010 through ORS 677.450 and who has completed an approved residency training program in psychiatry.

(17) “Redacted Forensic Evaluation” means a forensic evaluation report for which all identifying information of the client and evaluator has been removed. Specific information that should be redacted includes any information which may specifically identify the defendant or juvenile, name and discipline of the evaluator, address, phone, fax or logos that may identify the evaluator, qualifications of the evaluator that may identify the evaluator.

(18) “Regulated Social Worker” means a social worker registered pursuant to ORS 675.510.

(19) “Substantial Danger to Self or to Others” means the person requires a hospital level of care due to a mental disease or defect.

(20) “Successful completion of training” means:

(a) Attendance at the entire training; and

(b) Passing the examination given at the conclusion of the training.

(21) “Temporary Certification” means the certification granted by OHA under these rules after an applicants has satisfied the requirements of OAR 309-090-0010(2)

(22) “Youth” means a person under 18 years of age who is alleged to have committed an act that is a violation, or, if done by an adult would constitute a violation, of a law or ordinance of the United States or a state, county, or city, pursuant to ORS 419A.004.

Stat. Auth.: ORS 161.398,, 419C.524;419C.382, OL 2011, HB 3100, HB2836
Stats. Implemented: OL 2011, HB 3100, HB2836, ORS 161.309-370, ORS 419C.378-398
Hist.: MHS 12-2011(Temp), f. 12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 13-2012, f. & cert. ef. 6-25-12; MHS 16-2012, f. & cert. ef. 12-26-12; MHS 14-2014, f. & cert. ef. 10-29-14

309-090-0010

Forensic Certification Types and Requirements

Psychiatrists licensed psychologists, and Licensed Clinical Social Workers must be certified by the Authority to submit evaluation reports to the court for the purpose of criminal responsibility or competency when ordered by the court as required in ORS 161.309, 161.365, 419C.524 through 419C.527 and 419C.378 through 419C.398.

(1) Applicants must meet the following requirements for full certification:

(a) A psychiatrist must submit a completed application form, psychiatrist supplement, and nonrefundable $250 application fee and;

(A) Have a current license to practice in Oregon;

(B) Participate in and successfully complete the Oregon Forensic Evaluator Training; and

(C) Submit to OHA for review three redacted forensic evaluation reports completed by the applicant within the previous 24 months.

(i) If an applicant desires to perform criminal responsibility evaluations, if available, at least one redacted forensic evaluation report should be an evaluation of criminal responsibility.

(ii) If an applicant desires to perform juvenile evaluations, the applicant shall participate in and successfully complete the specialized juvenile segment of the Oregon Forensic Evaluator Training, and, if available, at least one redacted forensic evaluation report should be an evaluation of a juvenile.

(b) A licensed psychologist must submit a completed application form, psychologist supplement and nonrefundable $250 application fee and:

(A) Have a current license to practice in Oregon;

(B) Participate in and successfully complete the Oregon Forensic Evaluator Training; and

(C) Submit to OHA for review three redacted forensic evaluation reports completed by the applicant within the previous 24 months.

(i) If an applicant desires to perform criminal responsibility evaluations, if available, at least one redacted forensic evaluation report should be an evaluation of criminal responsibility,

(ii) If an applicant desires to perform juvenile evaluations, the applicant shall participate in and successfully complete the specialized juvenile segment of the Oregon Forensic Evaluator training and, if available, at least one redacted forensic evaluation report should be an evaluation of a juvenile.

(c) A Licensed Clinical Social Worker must submit a completed application form, social worker supplement, and nonrefundable $250 application fee and;

(A) Have a current Oregon license as a clinical social worker as defined in ORS 675.530;

(B) Participate in and successfully complete the Oregon Forensic Evaluator Training including the specialized juvenile segment; and

(C) Submit to OHA for review three redacted forensic evaluation reports completed by the applicant specifically addressing juvenile competency completed within the previous 24 months.

(d) A Licensed Clinical Social Worker is restricted from providing forensic evaluations except for evaluations specifically addressing a youth’s fitness to proceed in a proceeding initiated by a petition alleging jurisdiction under ORS 119C.005.

(e) Full Certification has a maximum duration of 24 months from certification date.

(2) Temporary Certification:

(a) Applicants who submit applications for Forensic Evaluator Certification will be granted a Temporary Certification until participation in and successful completion of the Oregon Forensic Evaluator Training and submission of three redacted forensic evaluation reports. If the applicant desires to perform criminal responsibility evaluations, at least one redacted forensic evaluation report should be an evaluation of criminal responsibility. Applicants must attend the next regularly scheduled training date or request an extension which may be granted by the Authority.

(b) Evaluators with temporary certification who submit forensic evaluation reports for panel review are certified to perform forensic evaluations for individuals charged with crimes including:

(A) Aggravated murder;

(B) Murder; or

(C) Ballot Measure 11 Offenses.

(c) If no redacted forensic evaluation reports are available, evaluators may perform evaluations of those charged with crimes other than aggravated murder, murder or Ballot Measure 11 offenses for the purpose of generating evaluation reports to the Authority for review.

(d) For Certification purposes, psychiatrists enrolled in an ACGME-Accredited residency training program may participate in evaluations where certification is required under Oregon Revised Statutes (ORS) 161.309, 161.365 and 419C.524 only under the direct supervision and review of a psychiatrist or psychologist that has been granted full certification under the provisions of OAR 309-090-0010.

(e) Temporary certification has a maximum duration of 12 months. An extension of an additional 3 months may be granted by the Authority for extenuating circumstances.

(3) Conditional Certification. An evaluator, who has not been certified by OHA, may be granted conditional certification by the court, if exigent circumstances exist such as an out of state expert evaluation being sought, or an unusual expertise is required. The court will notify the Authority of the granting of a conditional certification. Conditional Certification ends at the disposition of the particular case for which the conditional certification was granted.

Stat. Auth.: ORS 161.392-, 419C.524; OL 2011, HB 3100, HB2836, 319C.382
Stats. Implemented: OL 2011, HB 3100, ORS 161.392, HB2836, 419C.382, 419C.380
Hist.: MHS 12-2011(Temp), f. 12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 13-2012, f. & cert. ef. 6-25-12; MHS 14-2014, f. & cert. ef. 10-29-14

309-090-0015

Application Requirements and Process

(1) Applications must be submitted to the Authority using a form and in a manner prescribed by the Authority.

(2) The application must be accompanied by:

(a) Proof of the applicable license by the State of Oregon, as a Psychiatrist Psychologist, or Licensed Clinical Social Worker.

(b) A copy of a current resume or curriculum vitae providing documentation of forensic training and experience.

(c) Three redacted forensic evaluation reports of competency or criminal responsibility. If no redacted forensic evaluation reports are available, an applicant may be temporarily certified and may perform evaluations of those charged with crimes other than aggravated murder, murder, or Ballot Measure 11 offenses for the purpose of generating reports to the Authority for review; and(d) A non-refundable application fee of $250.00.

(3) After a complete application packet is received the Authority will:

(a) Evaluate the materials to determine whether the applicant is qualified for Full or Temporary Certification;

(b) Grant, deny or place conditions on a certification; and

(c) Issue a written statement to the applicant of its determination.

Stat. Auth.: ORS 161.392- 419C.524, 419C.392 OL 2011, HB 3100, HB 2836.
Stats. Implemented: OL 2011, HB 3100, HB 2836, ORS 161.392, 419C.382.
Hist.: MHS 12-2011(Temp), f. 12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 13-2012, f. & cert. ef. 6-25-12; MHS 14-2014, f. & cert. ef. 10-29-14

309-090-0020

Recertification Requirements

(1) An evaluator must request recertification using a form, and in a manner prescribed by the Authority.

(2) The minimum requirements for recertification are:

(a) Proof of the applicable license by the State of Oregon;(b) Within six months of expiration of certification, participation in recertification updates to the Oregon Forensic Evaluator Training Program approved by the Authority;

(b) Review and approval by the division of a minimum of two redacted forensic evaluation reports completed by the applicant during the past 24 months. If the psychiatrist or licensed psychologist applicant desires to perform criminal responsibility evaluations, at least one redacted sample should be an evaluation of criminal responsibility. If performing Juvenile evaluations one of these should be a juvenile competency or criminal responsibility evaluation. Licensed Clinical Social Workers cannot perform any forensic evaluations other than fitness to proceed evaluations for youth in a proceeding initiated by a petition alleging jurisdiction under ORS 419C.005. All redacted evaluation reports submitted by Licensed Clinical Social Workers for panel review must specifically address the topic of juvenile competency for youth in a proceeding initiated by a petition alleging jurisdiction under 419C.005. These reports will be subject to review and must meet or exceed standards identified by the Authority as listed in OAR 309-090-0025. The review panel may request to review an additional evaluation report if necessary to make a determination that the reports meet or exceed standards as listed in 309-090-0025; and

(c) A non-refundable application fee of $250.00.

(d) Continued compliance with all applicable laws and requirements.

(3) Failure to satisfy the factors listed in (2) above shall result in a non-recertification order from the Authority.

(4) Failure to reapply, attend recertification updates to the Oregon Forensic Evaluator Training or submit redacted evaluation reports for review and approval shall constitute a forfeiture of full certification which may be restored only upon written application approved by the Authority. Individuals who fail to reapply may receive a temporary certification for up to twelvemonths. Evaluators are responsible for monitoring their own expiration date and reapplying at the appropriate time.

(5) Individuals who receive non-recertification orders may reapply for certification and will be certified after they meet all of the requirements for certification. The Authority shall also provide notice of the applicant’s right to a hearing pursuant to the provisions of ORS Chapter 183.

Stat. Auth.: ORS 161.309-161.370, 161.392, 419C.524; OL 2011, HB 3100, HB 2836, 319C.382
Stats. Implemented: OL 2011, HB 3100, HB 2836
Hist.: MHS 12-2011(Temp), f. 12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 13-2012, f. & cert. ef. 6-25-12; MHS 14-2014, f. & cert. ef. 10-29-14

309-090-0025

Content of Written Evaluations Assessing Competency and Criminal Responsibility

(1) At minimum each forensic evaluation report shall include the following:

(a) Identifying information of the defendant, a description of the forensic examination, criminal charges, the referral source and the referral question;

(b) The evaluative procedure, techniques and tests used in the examination and the purpose for each, informed consent and limits of confidentiality;

(c) Background information, relevant history of mental and physical illnesses, substance use and treatment histories, medications, hospital or jail course, and current setting.

(d) Summary of a mental status examination;

(e) A substantiated diagnosis in the terminology of the American Psychiatric Association's current edition of the Diagnostic and Statistical Manual;

(f) A consideration of malingering must be present in every evaluation report; and

(g) A summary of relevant records reviewed for the evaluation.

(2) In addition to 309-090-0025(1), when the defendant or juvenile’s competency is in question, the evaluation report shall also include, at a minimum, opinions and explanations related to the defendant or juvenile’s:

(a) Understanding of his or her charges, the possible verdicts and the possible penalties;

(b) Understanding of the trial participants and the trial process;

(c) Ability to assist counsel in preparing and implementing a defense;

(d) Ability to make relevant decisions autonomously; and

(e) If determined incapacitated: A recommendation of treatment and other services necessary for the defendant to gain or restore capacity, including an opinion and explanation as to whether the person requires a hospital level of care.

(f) Evaluator does not provide the defendant or juvenile’s statements about the alleged criminal conduct unless necessary to support the evaluator’s finding of competence or incompetence.

(3) In addition to 309-090-0025(1), related to the question of criminal responsibility, the evaluation report shall also include, at a minimum, opinions and explanations addressing:

(a) The defendant or juvenile’s account of the alleged offense(s) including thoughts, feelings and behavior;

(b) Summary of relevant records; including police reports,

(c) An expert opinion regarding the role of substance use in the alleged offense;

(d) The defendant or juvenile’s mental state at the time of the alleged offense(s) and

(e) An expert opinion regarding whether the defendant, as a result of mental disease or defect at the time of engaging in the alleged criminal conduct, lacked substantial capacity either to appreciate the criminality of the conduct or to conform the conduct to the requirements of law.

(f) An expert opinion regarding; if the individual is determined guilty except for insanity of a misdemeanor is the individual a substantial danger to others as defined in these rules.

Stat. Auth.: ORS 161.309-161.370, 161.392, 419C.524, 419C.382; OL 2011, HB 3100, HB2836
Stats. Implemented: OL 2011, HB 3100
Hist.: MHS 12-2011(Temp), f. 12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 13-2012, f. & cert. ef. 6-25-12; MHS 16-2012, f. & cert. ef. 12-26-12; MHS 14-2014, f. & cert. ef. 10-29-14

309-090-0030

Forensic Evaluation Review Panel

(1) A multi-disciplinary review panel shall be appointed by the director of the Addictions and Mental Health Division and serve at the discretion of the Director to review forensic evaluation reports submitted in support of applications for certification.

(2) An individual interested in participating in the Forensic Evaluation Review Panel shall submit a letter of interest to the OHA Director of the Addictions and Mental Health Division along with a resume.

(3) Members shall be experienced in the criminal justice system and have familiarity with the issues of competency and criminal responsibility.

(4) Members shall serve a two year term and are eligible for reappointment at the discretion of the Director. Vacancies occurring during a member’s term shall be filled immediately for the remainder of the unexpired term.

(5) Members shall be reimbursed on a per diem basis for each day during which the member is engaged in the performance of official duties.

Stat. Auth.: ORS 161.309-161.370, 161.392, 419C.524; OL 2011, HB 3100, HB 2836, 419C.382
Stats. Implemented: OL 2011, HB 3100, HB 2836, ORS 161.392, 419C.382
Hist.: MHS 12-2011(Temp), f. 12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 13-2012, f. & cert. ef. 6-25-12; MHS 14-2014, f. & cert. ef. 10-29-14; MHS 14-2014, f. & cert. ef. 10-29-14

309-090-0035

Forensic Evaluation Review Panel Process

(1) Members of the Forensic Evaluation Review Panel will meet at the discretion of the authority to review all submitted redacted forensic evaluation reports as the need arises.

(2) Redacted forensic evaluation reports will be reviewed by panel members with different professional backgrounds to determine whether the reports have met the requirements of form and content.

(3) Panel members will issue a report to the division with feedback for the certified forensic evaluator.

(4) The Review Panel will participate in the process for reviewing complaints and remediation plans under 309-090-0060 through 309-090-0062 and make recommendations to the Authority if requested.

Stat. Auth.: ORS 161.309-161.370, 161.392, 419C.524; OL 2011, HB 3100, HB 2836, 419C.382
Stats. Implemented: OL 2011, ORS 161.392, HB 3100, HB 2836, 419C.382
Hist.: MHS 12-2011(Temp), f. 12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 13-2012, f. & cert. ef. 6-25-12; MHS 14-2014, f. & cert. ef. 10-29-14

309-090-0040

Forensic Evaluator Training Program

(1) The Authority will establish a course of training for persons desiring the issuance of a certificate. At a minimum the training will include a review of:

(a) The Oregon statutes and case law applicable to the issues of competency and criminal responsibility;

(b) Testing and techniques related to assessing competency and criminal responsibility

(c) The required contents of a report;

(d) The ethical standards and considerations relevant to an evaluation of competency and criminal responsibility

(e) Assessment of risk to others and recommendations for treatment and services

(2) Additional specialized training shall be required for evaluators desiring to perform evaluations on children younger than age 15 and other specialized populations.

(3) An examination will be administered at the completion of the initial training.

(4) Updates to this training shall be provided every two years and consist of information regarding relevant changes to the law, rules, process for Forensic Evaluator Certification, and relevant advanced topics.

Stat. Auth.: ORS 161.309-161.370, 161.392, 419C.524, 419C.382; OL 2011, HB 3100, HB 2836, 419C.382
Stats. Implemented: OL 2011, HB 3100, HB 2836, ORS 419C.382
Hist.: MHS 12-2011(Temp), f. 12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 13-2012, f. & cert. ef. 6-25-12; MHS 14-2014, f. & cert. ef. 10-29-14

309-090-0050

Confidentiality

Except for the names of certified evaluators, all records provided to the authority or the division under these rules are confidential and privileged and may not be released or utilized for any purpose outside these rules. Any practitioner who in good faith complies with these rules, including providing sample evaluations for review in order to maintain certification, is not responsible for any failure by another person or agency to maintain confidentiality, in regard to these rules.

Stat. Auth.: ORS 161.309-161.370, 161.392, 419C.524, 419C.382; OL 2011, HB 3100, HB 2836, 419C.382
Stats. Implemented: OL 2011, HB 3100, HB 2836, ORS 419C.382
Hist.: MHS 13-2012, f. & cert. ef. 6-25-12; MHS 14-2014, f. & cert. ef. 10-29-14

309-090-0055

Certification Denial, Suspension, Revocation, Non-Recertification and Complaints Regarding Content of Written Evaluation Reports

(1) An applicant may be denied certification, or an evaluator may be denied recertification for reasons including but not limited to:

(a) The applicant for initial or recertification attempted to procure a certification through fraud, misrepresentation or deceit;

(b) The applicant for initial or recertification submits to the Authority any notice, statement or other document required for certification which is false or untrue, or contains any material misstatement or omission of fact;

(c) The applicant for initial or recertification has been convicted of a felony; or

(d) The applicant for initial or recertification fails to meet the requirements for receiving certification or recertification.

(2) An applicant’s certification may be revoked for any of the following reasons:

(a) The evaluator fails to meet any of the applicable requirements of these rules;

(b) The applicant loses his or her professional license for any reason;

(c) The Authority accepts one or more complaints regarding the content of written reports; the forensic review panel reviews the complaints and determines that the deficiencies in the reports represent a substantial departure from the standards of practice established by these rules. Complaints regarding content are limited to standards set forth in OAR 309-090-0025.

(3) The Authority may immediately suspend an evaluator’s certification in the event of a situation in which the Authority determines that immediate action is necessary, such as receipt of a serious complaint which has not yet been fully reviewed by the Authority.

Stat. Auth.: ORS 161.309-161.370, 161.392, 419C.524, 419C.382; OL 2011, HB 3100, HB 2836, 419C.382
Stats. Implemented: OL 2011, HB 3100, HB 2836, ORS 419C.382
Hist.: MHS 14-2014, f. & cert. ef. 10-29-14

309-090-0060

Complaints on Which the Authority Can Act

(1) Any complaint regarding the content of forensic evaluation reports must be submitted in a form and manner prescribed by the Authority and provide sufficient detail as to why the evaluation report is cause for a complaint.

(2) Complaints considered by the Authority must be limited to standards for content of written forensic evaluation reports as set forth in OAR 309-090-0025.

Stat. Auth.: ORS 161.309-161.370, 161.392, 419C.524, 419C.382; OL 2011, HB 3100, HB 2836, 419C.382
Stats. Implemented: OL 2011, HB 3100, HB 2836, ORS 419C.382
Hist.: MHS 14-2014, f. & cert. ef. 10-29-14

309-090-0065

Complaint Processing and Investigation

(1) If a complaint is accepted, reviewed by the Authority, and found to warrant consideration by the forensic evaluation review panel, the evaluation report(s) will be forwarded to the panel for consideration and determination as to whether or not the deficiencies represent a substantial departure from the standards of practice established by these rules.

(2) If the Authority determines that there is substantial departure from the standards set forth in OAR 309-090-0025, the Authority in consultation with the forensic evaluation review panel shall provide written notice to the evaluator which may include recommended remediation steps provided by the review panel, denial of certification, or revocation of certification.

(3) if a remediation plan is recommended by the review panel, an evaluator shall have 30 days from the date of notice to respond with a written plan for remediation. If the plan is approved by the Authority, the evaluator will maintain temporary certification status for up to six months at which time the Authority will determine whether the issues raised have been adequately addressed.

(a) If the issues raised have been adequately addressed, the Authority shall withdraw its notice and grant or restore full certification.

(b) If the issues have not been adequately addressed, the Authority may proceed with denial or revocation of certification and shall provide notice of the applicant’s right to appeal, pursuant to the provisions of ORS Chapter 183.

(4) If certification is denied or revoked and evaluator may request reconsideration by the Director of the Authority by submitting a written request within 15 business days of receiving notice.

(5) Individuals making complaints on issues determined to be not covered by these rules may be referred to the appropriate licensing boards.

Stat. Auth.: ORS 161.309-161.370, 161.392, 419C.524, 419C.382; OL 2011, HB 3100, HB 2836, 419C.382
Stats. Implemented: OL 2011, HB 3100, HB 2836, ORS 419C.382
Hist.: MHS 14-2014, f. & cert. ef. 10-29-14

309-090-0070

Contested Case Hearing

If the Authority denies, revokes, non-renews, suspends, or imposes a condition on certification, the Authority shall provide notice of the applicant’s right to a hearing pursuant to the provisions of ORS Chapter 183.

Stat. Auth.: ORS 161.309-161.370, 161.392, 419C.524, 419C.382; OL 2011, HB 3100, HB 2836, 419C.382
Stats. Implemented: OL 2011, HB 3100, HB 2836, ORS 419C.382
Hist.: MHS 14-2014, f. & cert. ef. 10-29-14

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