Or. Admin. R. 137-079-0150

Current through Register Vol. 63, No. 6, June 1, 2024

Section 137-079-0150 - Certification Process for Program Participation

(1) When an application received by the Program is determined to be complete, the information it contains is in compliance with Program requirements, and the application is approved by the Attorney General or designee, the Program shall promptly certify the applicant to the Program.

(2) Upon certification as a Program participant, the Program shall assign the Program participant a substitute address as set forth in ORS 192.822(2) and shall:

(a) Notify the Program participant of that address, as well as the requirements for its use;

(b) Provide the Program participant with the authorization card described in ORS 192.826(5); and

(c) Notify the Program participant of any additional information that will assist the Program participant to fully participate in the Program including but not limited to information about process of service, public bodies, and renewal obligations as described in ORS 192.828 through 192.836.

(3) The term of certification of a Program participant to the Program shall be for a period of four (4) years, subject to renewal as described in subsection four (4) of this section.

(4) A Program participant may renew the certification by filing an application for renewal with the Program at least thirty (30) days prior to the expiration of the current certification. No later than sixty (60) days prior to the expiration of the current certification, the Administrative Coordinator shall send the Program participant the information and materials needed in order to file the application for renewal, as well as the date by which the application must be filed. The application for renewal shall contain all the information required by these rules. For purposes of a renewal of certification, the evidence required to be included in the application shall consist of a statement by the Program participant that the information included in the original application remains materially unchanged and therefore the Program participant continues to need the services provided by the Program. The Administrative Coordinator may waive the thirty (30) day requirement described in this paragraph if the Administrative Coordinator determines that the reason for waiving the requirement serves the purpose of the Program.

(5) If the term of certification described in subsection three (3) of this section has expired and the Program participant has not filed an application for renewal of certification, the Program shall return mail to sender.

(6) A Program participant's certification may be cancelled at the request of the participant. The request must be in writing and signed by the participant. The cancellation shall be considered effective the next business day after the request is received by the Program. The Program shall immediately confirm this cancellation in writing and shall inform the Program participant that all Program services have been discontinued. The Program will return all mail received, indicating that the addressee is no longer at the Program address.

(7) The Program may hold returned or undeliverable mail of a Program participant for up to ten (10) days.

(8) A Program participant's certification shall be cancelled by the Program:

(a) When the Program participant has obtained a legal name change through an order of the court and fails to provide notice and a copy of the order to the Office of the Attorney General within thirty (30) days after entry of order as required in ORS 192.832;

(b) When the Program participant has violated statutory or Program requirements; or

(c) When mail forwarded to the Program participant at the participant address is returned to the Program as undeliverable.

(9) Prior to a cancellation pursuant to (8)(a) of this section, the Administrative Coordinator shall notify the Program participant that the Program participant is required to submit the required name change form or re-apply under the new legal name. The Program participant must include a copy of the court documentation verifying the new legal name as described in section 137-079-0160(1) of these rules.

(10) When certification is cancelled by the Program for any reason, the Administrative Coordinator shall send a written notice of the cancellation to the Program participant instructing the participant to return the authorization card to the Program immediately. The notice shall specify the reason(s) for cancellation and shall state that the Program participant has thirty (30) days from the date of the notice in which to submit to the Program an appeal of the cancellation. The notice shall specify:

(a) That the appeal must be in writing, signed by the Program participant, and must include information and an explanation as to why the certification should not be cancelled;

(b) That the appeal will be reviewed by the Attorney General or designee and determination will be made within five (5) business days of receipt of the appeal by the Program;

(c) That the applicant will be notified in writing of the determination;

(d) The responsibility to notify persons and public bodies using the substitute address as the address of the Program participant that the substitute address is no longer valid is the responsibility of the Program participant and the Program will also provide instruction that shall include the information that it is the Program participant's responsibility to provide public bodies and others with the Program participant's new address; and

(e) That the decision of the Attorney General or designee is final.

(11) When certification is cancelled by the Program pursuant to subsection (8)(a) or (8)(b) of this section, the written notice shall state that the Program will continue to forward mail to the Program participant for thirty (30) days after the date of the notice if no appeal is received or, if an appeal is received within thirty (30) days, until the final determination. The Administrative Coordinator may exercise discretion and extend the thirty (30) day period up to six (6) months if the Administrative Coordinator determines that such extension serves the purpose of the Program.

(12) When certification is cancelled by the Program pursuant to subsection 8(c) of this section, the written notice described in subsection 10 of this section shall state, in addition to the information specified in subsection (10)(a)-(e), that all Program services have been discontinued and that the Program will return mail received for the Program participant to the Post Office to return to the sender after the 30-day appeal period has passed.

(13) If the Department fails to receive sufficient funding to allow the Program to operate, the Department shall notify each currently certified Program participant that the Program is no longer able to receive and forward the Program participant's mail and is cancelling the Program participant's participation in the Program. The notice shall specify a reasonable amount of time, no less than thirty (30) days, during which the Program will continue to receive and forward the Program participant's mail, and in which the Program participant must establish a new address and inform other agencies of change of address. If, after sending such notice, the Department receives funding to allow the Program to resume, the Department shall notify each Program participant whose certification was cancelled due to lack of funding and shall describe the process for recertification.

Or. Admin. R. 137-079-0150

DOJ 4-2007, f. 4-12-07, cert. ef. 4-16-07; DOJ 8-2022, amend filed 06/13/2022, effective 6/13/2022

Statutory/Other Authority: ORS 192.860, 2005 OL, Ch. 821 & SB 850

Statutes/Other Implemented: ORS 192.820-192.868, 2005 OL, Ch. 821 & SB 850