1. (1) Except as provided in section (2) of this rule and in OAR 413-010-0440(1) and (2), complaint review procedures in these rules (413-010-0400 to 413-010-0480) are not required in each of the following situations:

   1. (a) The individual or contract provider has requested a contested case hearing.
   2. (b) The matter, which would be the subject of the complaint review, is presently the subject of a juvenile court proceeding.
   3. (c) The individual or contract provider has initiated court action.
   4. (d) The subject matter of the complaint has been reviewed by a judge.
   5. (e) A term or condition in a contract provider's contract or agreement provides for a different process.
   6. (f) The complainant has requested review of a Child Protective Services (CPS) disposition, under OAR 413-010-0700 to 413-010-0750 (Review of Founded Dispositions), that is the subject matter of the complaint.
   7. (g) The complainant has requested review of an Adoption Committee Decision, under OAR 413-120-0060 (Review of Adoption Committee Decision), that is the subject matter of the complaint.
2. (2) A complaint about a "reasonable modification" (see OAR 407-005-0005(10)) or a report of discrimination arising from the disability of a client (see 407-005-0005(6)) is handled as described in these rules, in 407-005-0025 and 407-005-0030, and in Department Policy DHS-010-0005, "Non-Discrimination on the Basis of Disability for Programs, Services and Activities."

Statutory/Other Authority

ORS 409.194 & 418.005

Statutes/Other Implemented

ORS 409.192 & 418.005

History

CWP 21-2007, f. 11-30-07, cert. ef. 12-1-07
SOSCF 31-2001, f. 6-29-01 cert. ef. 7-1-01
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95