Oregon Statutes 430.673 – Mediation; retaliation prohibited; action for damages; attorney fees; rules
(1) When a dispute exists between a county and a community developmental disabilities program that is a private corporation or individual regarding the terms of their contract or the interpretation of an administrative rule of the Department of Human Services relating to department programs under this chapter, either party may request mediation under rules adopted by the department.
Terms Used In Oregon Statutes 430.673
- 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.
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(2) When a dispute exists between a county and a community mental health program that is a private corporation or individual regarding the terms of their contract or the interpretation of an administrative rule of the Oregon Health Authority relating to authority programs under this chapter, either party may request mediation under rules adopted by the authority.
(3) A county may not retaliate against a community mental health program or community developmental disabilities program solely because the program:
(a) Requested mediation under subsection (1) or (2) of this section;
(b) Requested dispute resolution or filed an appeal under rules adopted by the department or the authority; or
(c) Initiated a contested case proceeding otherwise available under ORS Chapter 183 with respect to a dispute described in subsection (1) or (2) of this section.
(4) For purposes of this section, ‘retaliate’ means an adverse action taken by a county against a community mental health program or a community developmental disabilities program to:
(a) Materially alter or terminate the contract between the county and the community mental health program or community developmental disabilities program; or
(b) Fail to renew the contract between the county and the community mental health program or community developmental disabilities program.
(5) Notwithstanding any other remedy provided by law, a community mental health program or community developmental disabilities program against which a county has retaliated in violation of subsection (3) of this section may bring an action against the county for actual damages or $1,000, whichever is greater. The court shall award reasonable attorney fees to the prevailing party in an action under this subsection. An action described in this section shall be considered a tort claim under ORS § 30.260 to 30.300. Except as provided in this section, the provisions of ORS § 30.260 to 30.300 apply to an action described in this section.
(6) In accordance with any applicable provision of ORS Chapter 183, the department or the authority may adopt rules to carry out the provisions of this section. [1999 c.524 § 4; 2003 c.430 § 1; 2009 c.595 § 515]
[1981 c.750 § 6; 2005 c.691 § 5; 2009 c.595 § 516; renumbered 430.644 in 2011]
[1981 c.750 § 10; 2007 c.70 § 233; 2009 c.595 § 517; renumbered 430.646 in 2011]
[1981 c.750 8,11; 2009 c.595 § 518; renumbered 430.648 in 2011]
[2007 c.417 § 1; 2009 c.595 § 519; renumbered 430.651 in 2011]
(Miscellaneous)