Or. Admin. Code § 137-055-2160

Current through Register Vol. 63, No. 10, October 1, 2024

Section 137-055-2160 - Requests for Hearing

(1) A request for hearing must be in writing and signed by the party, the party's authorized representative, or the administrator. The signature may be handwritten, typed or electronic.

(2) A request for hearing must be received by the Program within the time provided by law in order to be considered timely.

(3) A new or amended request for hearing is not required from the requesting party to obtain a hearing if the administrator amends the order being appealed, unless the administrator notifies the parties that an additional request is required.

(4) Notwithstanding OAR 137-003-0530, 137-003-0672(3), and section (3) of this rule, if the Office of Administrative Hearings dismisses a hearing because the requesting party failed to appear, the Program may issue an amended notice instead of issuing a final order by default. The amended order will be referred to the Office of Administrative Hearings only if a party submits a new request for a hearing.

(5) When a party requests a hearing after the time specified by law, the administrator will:

(a) Deny the late request if the final order has been entered in court; or

(b) Forward the hearing request to the Office of Administrative Hearings if subsection (5)(a) of this rule does not apply.

(6) When the Office of Administrative Hearings receives a late hearing request, the Office of Administrative Hearings will:

(a) Issue a final order granting the request if it determines that the failure to timely request the hearing was beyond the reasonable control of the party;

(b) Issue a final order granting the request if the Administrative Law Judge determines, based on findings supported by the record, that the matter should proceed to a hearing on the merits; or

(c) Deny the request if subsections (6)(a) & (b) do not apply.

(7) Notwithstanding the provisions of sections (5) and (6) of this rule, a request for hearing is not considered a late hearing request when:

(a) Parentage testing has been conducted pursuant to ORS 109.252 and 25.550 which includes the man as the biological father of the child, and a request for hearing has been received from a party 30 days from the date of service of the Notice of Intent to Enter Order/Judgment establishing paternity and the notice of parentage testing results; or

(b) A party has denied paternity and failed to appear for parentage tests, an order establishing paternity has been entered, and a request for hearing has been received from a party within 30 days from the date the order establishing paternity was mailed to the parties.

(8) For the purpose of computing any period of time under this rule, except as otherwise provided, any response period begins to run on the following date:

(a) If service is by certified mail, on the date the party signs a receipt for the mailing;

(b) If service is by a form of mail with delivery confirmation other than certified mail, on the date noted on the electronic delivery confirmation obtained from the United States Postal Service website.

(c) If service is by regular mail, on the date of mailing. The following number of days will be added to the final date of the applicable time period:

(A) Three days if mailed to an address in Oregon;

(B) Seven days if mailed to an address outside Oregon; or

(d) The date evidence shows the party received the mailing.

(9) Except as provided in subsection (10)(b) of this rule the dates in section (8) of this rule are computed based on calendar days, not business days.

(10)

(a) In computing any period of time under this rule, do not count the date of mailing as the first day; and

(b) If the last day falls on a Saturday, Sunday or legal holiday, do not count that day as a calendar day.

(11) The provisions of sections (8) through (10) of this rule do not apply to service on a party by regular mail to complete substitute service. For substitute service, the service date is the date the document is mailed.

Or. Admin. Code § 137-055-2160

AFS 5-1995, f. & ef. 2-6-95; AFS 26-1997, f. 12-31-97, cert. ef. 1-1-98; AFS 21-2000, f. & cert. ef. 8-1-00; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0830; AFS 28-2001, f. 12-28-01, cert. ef. 1-1-02; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-2160; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-2160; DOJ 2-2006(Temp), f. & cert. ef. 1-3-06 thru 6-30-06; DOJ 5-2006, f. 6-29-06, cert. ef. 7-3-06; DOJ 6-2006, f. & cert. ef. 10-2-06; DOJ 10-2008, f. & cert. ef. 7-1-08; DOJ 2-2010(Temp), f. & cert. ef. 1-4-10 thru 7-1-10; DOJ 11-2010, f. & cert. ef. 7-1-10; DOJ 13-2011, f. 12-30-11, cert. ef. 1-3-12; DOJ 5-2013, f. & cert. ef. 7-8-13; DOJ 13-2014(Temp), f. & cert. ef. 10-1-14 thru 3-30-15; DOJ 6-2015, f. & cert. ef. 3/30/2015; DOJ 6-2017, amend filed 10/06/2017, effective 10/06/2017; DOJ 4-2018, minor correction filed 02/27/2018, effective 2/27/2018; DOJ 8-2020, minor correction filed 02/05/2020, effective 2/5/2020

Statutory/Other Authority: ORS 180.345

Statutes/Other Implemented: ORS 183.415