OAR 413-205-0085. Requirements Regarding Contested Case Hearings

(1) When the Department denies an application for a Respite Certificate of Approval or revokes certification, the respite applicant or Certified Respite Provider has a right to request a contested case hearing under this rule. (2) A respite applicant for a Respite Certificate of Approval or renewal of a Respite Certificate of Approval may request a contested case hearing when the Department has mailed a proposed and final order denying the application. (3) A Certified Respite Provider may request a contested case hearing when the Department has mailed a proposed and final order revoking certification. (4) A Certified Respite Provider, respite applicant, or a respite applicant for renewal of a Respite Certificate of Approval, may request a contested case hearing, as provided in OAR 413-010-0505 and OAR 413-208- 0030. (5) If the Department does not receive a request for a contested case hearing within 30 days of the date the Department mailed the proposed and final order of denial or revocation, the applicant or Certified Respite Provider has waived the right to a hearing, except as provided in OAR 413-010-0505. (6) Department actions when a contested case hearing is timely requested, but such request is subsequently withdrawn, are outlined in OAR 413-010-0530.