(2) Except as provided in subsection (3) of this section, a contested case notice served in accordance with subsection (1) of this section that complies with ORS 183.415 but for service by regular or electronic mail becomes a final order against a party and is not subject to ORS 183.470 (2), upon the earlier of the following:
(a) If the party fails to request a hearing, the day after the date prescribed in the notice as the deadline for requesting a hearing.
(b) The date the department or the Office of Administrative Hearings mails an order dismissing a hearing request because:
(A) The party withdraws the request for hearing; or
(B) Neither the party nor the party’s representative appears on the date and at the time set for hearing.
(3) The department shall prescribe by rule a period of not less than 60 days after a notice becomes a final order under subsection (2) of this section within which a party may request a hearing under this subsection. If a party requests a hearing within the period prescribed under this subsection, the department shall do one of the following:
(a) If the department finds that the party did not receive the written notice and did not have actual knowledge of the notice, refer the request for hearing to the Office of Administrative Hearings for a contested case proceeding on the merits of the department’s intended action described in the notice.
(b) Refer the request for hearing to the Office of Administrative Hearings for a contested case proceeding to determine whether the party received the written notice or had actual knowledge of the notice. The department must show that the party had actual knowledge of the notice or that the department mailed the notice to the party’s correct address or sent an electronic notice to the party’s correct electronic mail address.
(4) If a party informs the department that the party did not receive a notice served by regular or electronic mail in accordance with subsection (1) of this section, the department shall advise the party of the right to request a hearing under subsection (3) of this section. [2009 c.126 §1; 2011 c.720 §98]
Note: 411.103 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 411 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Structure 2021 Oregon Revised Statutes
Volume : 11 - Juvenile Code, Human Services
Chapter 411 - Public Assistance and Medical Assistance
Section 411.010 - Definitions.
Section 411.070 - Statewide standards for public assistance; rules.
Section 411.072 - Public process required if waiver of federal requirement involves policy change.
Section 411.075 - Family Services Review Commission; appointment; duties.
Section 411.085 - Reconsideration of grants of public assistance.
Section 411.087 - Statement required to obtain public assistance.
Section 411.091 - Time for issuance of public assistance; effect of delay.
Section 411.093 - Treatment of public assistance applicants and recipients; grievance procedure.
Section 411.095 - Notice and hearings for public assistance and medical assistance; rules.
Section 411.099 - Assessment for service eligibility.
Section 411.121 - Local district pilot projects; rules.
Section 411.122 - Department to make dependent care payments directly to providers.
Section 411.128 - Department’s acceptance of gifts and grants for scholarships.
Section 411.135 - Department cooperation with federal government in research and training personnel.
Section 411.139 - Grants for assisting refugees.
Section 411.144 - Deposit of funds received for public assistance purposes; appropriation.
Section 411.148 - Public Welfare Account.
Section 411.154 - Report to Legislative Assembly.
Section 411.175 - Scholarships and grants for public assistance recipients.
Section 411.400 - Application for medical assistance.
Section 411.402 - Procedures for verifying eligibility for medical assistance; rules.
Section 411.404 - Determination of eligibility for medical assistance; rules.
Section 411.406 - Notice of change in circumstances.
Section 411.447 - Suspension of medical assistance provided to inmates.
Section 411.594 - Petition for enforcement of subpoena issued under ORS 411.593.
Section 411.597 - Court may compel appearance of witness before petitioner.
Section 411.630 - Unlawfully obtaining public assistance or medical assistance.
Section 411.635 - Recovery of improperly disbursed public assistance or medical assistance.
Section 411.640 - Overpayments of public assistance or medical assistance.
Section 411.660 - Modification, cancellation or suspension of public assistance.
Section 411.670 - Definitions for ORS 411.640, 411.670, 411.675 and 411.690.
Section 411.675 - Submitting wrongful claim for payment of public assistance or medical assistance.
Section 411.692 - Definition for ORS 93.268 and 411.694.
Section 411.703 - Issuance of warrants for overpayment of public assistance or medical assistance.
Section 411.704 - Definitions for ORS 411.141, 411.706 and 411.708.
Section 411.706 - Oregon Supplemental Income Program.
Section 411.710 - Basis for granting general assistance; rules.
Section 411.752 - General assistance project established.
Section 411.753 - Advisory group for general assistance project.
Section 411.790 - Assistance to certain persons receiving employment income.
Section 411.795 - Claim against estate of deceased recipient of general assistance.
Section 411.806 - Definitions for ORS 411.806 to 411.845.
Section 411.813 - Farm Direct Nutrition Programs authorized; rules.
Section 411.816 - Eligibility for and amount of assistance; rules.
Section 411.825 - Administration of Supplemental Nutrition Assistance Program.
Section 411.830 - Payment of losses from program.
Section 411.840 - Unlawfully obtaining or disposing of supplemental nutrition assistance.
Section 411.845 - Prosecution; costs; accounting.
Section 411.855 - Definitions for ORS 411.855 to 411.870.
Section 411.877 - Definitions for program.
Section 411.878 - Intent; state program creation; rules.
Section 411.882 - Maximizing use of federal grants and apportionments.
Section 411.886 - JOBS Plus Advisory Board; duties; membership.
Section 411.888 - Vacancies on board; chairperson; meetings.
Section 411.900 - Definitions for ORS 411.900 to 411.910.
Section 411.905 - Programs for displaced homemakers; scope of activities.
Section 411.910 - Contracts with public and private agencies to carry out programs.
Section 411.965 - Policy on program accessibility.
Section 411.967 - Forms and notices to be in plain language.
Section 411.969 - Informational materials for applicants.