How to request an administrative hearing.
Are you eligible to request a hearing?
You can request an administrative hearing if you received Developmental Disability Services that were:
- Reduced
- Denied
- Suspended
- Terminated
You can also request an administrative hearing if you:
- Applied for Developmental Disability Services and have not received a decision within 90 days.
- You are receiving services from a Community Developmental Disability Program, Support Services Brokerage, or Children's Intensive In-Home Services, and it has been more than 45 days since you requested a service or item.
You will receive a Notification of Planned Action (SDS 0947) if your services are denied, reduced, suspended, or terminated. The notification will tell you:
- What service is being denied, reduced, suspended, or terminated
- The date the action will take effect
- The reason for the action
- What Oregon Administrative Rule applies to the decision
Request a hearing.
You can request an administrative hearing once you get a Notification of Planned Action.
- Make your request verbally (with your Service Coordinator, Personal Agent, or ODHS), or in writing.
- To request a hearing in writing, fill out the Administrative Hearings Request Form (SDS 0443DD).
Email us at odds.complaints@odhsoha.oregon.gov if you need an alternate format.
You have the right to request your services remain the same during the hearing process. Tell your service coordinator or personal agent you want this when you request a hearing or check the box on the request form that says “Do you want your services to stay the same?"
After you finish your administrative hearing request, give it to your service coordinator or personal agent. They can email, fax, or mail it to us.
ODHS-ODDS
Attn: Complaint Coordinator
500 Summer St NE E-09
Salem, OR 97301
Fax: 503 -373-7274
Email: odds.complaints@odhsoha.oregon.gov
The administrative hearing process.
A hearings representative will be assigned to you once ODHS receives your request. The hearings representative will be your contact and will process your request.
Informal telephone conference held
The hearings representative will schedule an informal phone conference to discuss the decision to deny your request for a new service or to reduce, suspend or terminate your existing service. Your participation in this call is optional.
Hearing scheduled
After the informal telephone conference, a hearing will be scheduled if you still want one. The Office of Administrative Hearings will send you a letter with the time and date for the hearing.
All hearings are on the phone unless you ask to attend the hearing in person.
Hearing held
During the hearing, you can ask ODHS questions and present your side of the issue.
Final order issued
The Administrative Law Judge will make a legal determination about the Action taken (denial, reduction, termination, or suspension) and send you a formal response. This is called a Final Order.
If dissatisfied, you can appeal to Marion County Circuit Court
If you disagree with the Administrative Law Judge’s Final Order, you can appeal this decision in the Marion County Circuit Court. Appeal information can be found within the Final Order document. Go to Oregon Law Help for more information about this process.