Or. Admin. R. 137-080-0010

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

Section 137-080-0010 - Determining Contracts

(1) Upon receipt of information concerning a contract, judgment, or restitution order which may be subject to the provisions of ORS 147.275, the administrator shall promptly investigate as necessary and determine whether the subject contract, judgment or restitution order falls within the provisions of ORS 147.275. Upon completion of such investigation, the administrator shall issue in writing a proposed determination order with regard to the contract, judgement, or restitution order in question.

(2) Written notice of the proposed determination order shall be served either personally or by registered or certified mail on the contracting party or parties, the person charged with, convicted, or found guilty except for insanity of the crime, and any known victims or dependents of deceased victims of the crime, and by certified mail, return receipt requested on such other persons or legal entities as the administrator may determine have an interest in the contract or subject matter of the proposed determination order. Such notice shall contain the following statement:

"This proposed determination order will become final 30 days after the date of service of this notice unless a hearing is requested in writing by an interested party within that time. If you disagree with the proposed determination order, you have the right to request a hearing before the Department of Justice prior to a final determination in this matter. A request for a hearing must be made in writing addressed to: Administrator, Crime Victims' Services Division, Oregon Department of Justice, 1162 Court St NE, Salem, Oregon 97301. The request must state the reason for your disagreement with the proposed determination order, and your interest in this matter."

(3) If a hearing is not requested within the time allowed, the proposed determination order shall become the final decision of the Department.

(4) Upon receipt of a request for a hearing, the administrator shall conduct or shall appoint a hearing officer to conduct a hearing on the matter.

(5) The party requesting the hearing and all persons or entities mentioned in section (2) of this rule shall be notified in writing of the time, place and purpose of the hearing and informed of the rights of a party under ORS 183.413. A copy of the request for hearing shall also be provided. The notice shall be mailed certified mail, return receipt requested, not less than ten days before the date of the hearing.

(6) The hearing shall be conducted as a contested case in accordance with ORS Chapter 183 and the Attorney General's Model Rules of Procedure.

(7) Whenever the administrator determines that a substantial danger exists that proceeds paid or owing to a person charged with or convicted of a crime pursuant to a contract which may be subject to the provisions of ORS 147.275, may be concealed, wasted, converted, assigned, encumbered, disposed of, or removed from the state, prior to a final decision of the Department on the applicability of the statute to the contract; or where a necessary party to the determination cannot be served with notice of the Department's proposed determination order despite diligent efforts to do so; the administrator may issue an emergency determination on behalf of the Department providing for the turning over of such proceeds to the Department, pending the outcome of a hearing, if requested, and a final decision by the Department.

Or. Admin. R. 137-080-0010

JD 3-1985(Temp), f. & ef. 9-20-85; JD 1-1986, f. & ef. 1-15-86; DOJ 3-2017, f. 4-25-17, cert. ef. 4/27/2017

Stat. Auth.: ORS 147

Stats. Implemented: ORS 147.275