(2) A copy of the letter of determination shall be placed in the facility’s 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 department’s obligation to report the substantiated findings in the registry maintained under ORS 441.678 after the nursing assistant has had an opportunity for a contested case hearing; and
(e) The fact that the nursing assistant’s failure to request a contested case hearing within 30 days from the date of the notice will result in the department’s reporting the substantiated findings in the registry maintained under ORS 441.678.
(4) Notice sent to the nursing assistant’s last-known address is sufficient to meet the requirements of subsection (3) of this section. [1993 c.759 §7; 2009 c.72 §1; 2014 c.104 §3]
Note: See note under 441.637.