Oregon Statutes 441.418 – Appeal to Residential Ombudsman and Public Guardianship Advisory Board
(1) A residential facility as defined in ORS § 443.380 or a long term care facility that files a complaint against a designee appointed under ORS § 441.413 and objects to the action of the Long Term Care Ombudsman in resolving the complaint may appeal the ombudsman’s action to a panel of the Residential Ombudsman and Public Guardianship Advisory Board.
Terms Used In Oregon Statutes 441.418
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
(2) The board on its own motion may review any action by the ombudsman appealable under this section. The review shall provide an opportunity for written and oral presentation by the residential facility as defined in ORS § 443.380 or a long term care facility and the ombudsman. The board shall issue its findings and any instructions to the ombudsman in written form consistent with the federal Older Americans Act or other applicable federal law.
(3) If the board disagrees with the action of the ombudsman, the board may refer the resolution back to the ombudsman with instructions consistent with the federal Older Americans Act or other applicable federal law to conform the ombudsman’s action in the matter to the recommendations of the board. [Formerly 441.146; 2017 c.441 § 22]
