2013 ORS § 441.146¹
Appeal to Residential Facilities Advisory Committee

(1) A residential facility that files a complaint against a designee appointed under ORS 441.131 (Appointment of designees) and objects to the action of the Long Term Care Ombudsman in resolving the complaint may appeal the ombudsmans action to a panel of the Residential Facilities Advisory Committee.

(2) The committee on its own motion may review any action by the ombudsman appealable under this section. The review shall provide an opportunity for written and oral presentation by the residential facility and the ombudsman. The committee shall issue its findings and any instructions to the ombudsman in written form consistent with the federal Older Americans Act or other applicable federal law.

(3) If the committee disagrees with the action of the ombudsman, the committee may refer the resolution back to the ombudsman with instructions consistent with the federal Older Americans Act or other applicable federal law to conform the ombudsmans action in the matter to the recommendations of the committee. [1995 c.789 §1; 2013 c.717 §13]

Note: The amendments to 441.146 (Appeal to Residential Facilities Advisory Committee) by section 13, chapter 717, Oregon Laws 2013, become operative July 1, 2014. See section 19, chapter 717, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the users convenience.

441.146 (Appeal to Residential Facilities Advisory Committee). (1) A long term care facility that files a complaint against a designee appointed under ORS 441.131 (Appointment of designees) and objects to the action of the Long Term Care Ombudsman in resolving the complaint may appeal the ombudsmans action to a panel of the Long Term Care Advisory Committee.

(2) The committee on its own motion may review any action by the ombudsman appealable under this section. The review shall provide an opportunity for written and oral presentation by the long term care facility and the ombudsman. The committee shall issue its findings and any instructions to the ombudsman in written form consistent with the federal Older Americans Act.

(3) If the committee disagrees with the action of the ombudsman, the committee may refer the resolution back to the ombudsman with instructions consistent with the federal Older Americans Act to conform the ombudsmans action in the matter to the recommendations of the committee.

Note: 441.146 (Appeal to Residential Facilities Advisory Committee) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.