2013 ORS § 441.677¹
Letter of determination
  • determination rules
  • distribution of letter
  • notice to nursing assistant
  • right to contested case hearing
  • rules

(1) Within 60 days of receipt of the investigation documents and the written report described in ORS 441.650 (Investigation of abuse complaint) (6)(d) and 441.676 (Investigation of licensing violations) (2)(d), the Department of Human Services shall prepare a written letter of determination that states the departments determinations concerning each incident or problem alleged in the complaint. The department shall determine whether the alleged incident or problem was substantiated or unsubstantiated or whether the department was unable to substantiate the alleged incident or problem. The department shall adopt by rule definitions for the terms substantiated, unsubstantiated and unable to substantiate. If the department determines that an incident or problem alleged in the complaint is substantiated, the letter of determination shall state whether the substantiated incident was abuse or violation of another rule. If abuse is substantiated, the letter of determination shall state whether the facility or an individual, or both, was responsible. The department shall adopt by rule criteria for determining responsibility for substantiated abuse.

(2) A copy of the letter of determination shall be placed in the facilitys complaint file. Copies shall be sent to the facility, the complainant and the local office of the department. The facility and the complainant receiving the letter of determination shall be given 10 days to respond with additional information and shall be informed of the appeals process.

(3) If the department determines that an individual who holds a license or certificate for a health occupation is directly responsible for the abuse, the department shall send a copy of its letter of determination and investigation report to the state agency responsible for licensing or certifying the individual in the health occupation. In instances involving conduct of a nursing assistant, the department shall give the nursing assistant 10 days to respond with additional information. The department also shall notify by mail the nursing assistant implicated in the investigation of:

(a) The nature of the allegations;

(b) The date and time of occurrence;

(c) The right to a contested case hearing conducted in accordance with ORS chapter 183;

(d) The departments obligation to report the substantiated findings in the registry maintained under ORS 441.678 (Review of finding that nursing assistant responsible for abuse) after the nursing assistant has had an opportunity for a contested case hearing; and

(e) The fact that the nursing assistants failure to request a contested case hearing within 30 days from the date of the notice will result in the departments reporting the substantiated findings in the registry maintained under ORS 441.678 (Review of finding that nursing assistant responsible for abuse).

(4) Notice sent to the nursing assistants last-known address is sufficient to meet the requirements of subsection (3) of this section. [1993 c.759 §7; 2009 c.72 §1]

Note: See note under 441.637 (Rules).