Or. Admin. R. 137-055-2170 - Use of Lay Representatives at Administrative Hearings

Current through Register Vol. 61, No. 4, April 1, 2022

(1) As used in this rule "lay representative" means a representative of the Child Support Program (CSP) who is not employed as an attorney.
(2) Subject to the approval of the Attorney General, lay representatives of the Child Support Program are authorized to appear on behalf of the CSP in the following types of administrative hearings conducted by the Office of Administrative Hearings:
(a) Administrative child support adjudications pursuant to ORS 25.287, 25.511, 25.513, 25.517, 25.525 and 25.527;
(b) Hearings regarding state income tax intercepts pursuant to ORS 25.610 and 293.250;
(c) Hearings regarding the suspension of occupational and driver licenses, certificates, permits and registrations pursuant to ORS 25.765;
(d) Hearings regarding credit for direct payments pursuant to ORS 25.020;
(e) Hearings regarding overpayments pursuant to ORS 25.125.
(f) Hearings regarding the state's satisfaction of a support award pursuant to OAR 137-055-5220;
(g) Hearings regarding suspension of support pursuant to ORS 25.245;
(h) Hearings regarding the establishment of arrears pursuant to ORS 25.540;
(i) Hearings regarding physical custody determinations for purposes of joining a party pursuant to ORS 25.503 and OAR 137-055-3500;
(j) Hearings regarding credit for lump sum Social Security/Veterans payments pursuant to ORS 25.275 and OAR 137-055-5520.
(k) Hearings regarding the amount of assigned arrears pursuant to OAR 137-055-6040.
(3) The lay representative may not make legal argument on behalf of the CSP.
(a) "Legal argument" includes arguments on:
(A) The jurisdiction of the CSP to hear the contested case;
(B) The constitutionality of a statute or rule or the application of a constitutional requirement to the CSP; and
(C) The application of court precedent to the facts of the particular contested case proceeding.
(b) As used in this rule, "legal argument" does not include presentation of motions, evidence, examination and cross-examination of witnesses or presentation of factual arguments or arguments on:
(A) The application of the statutes or rules to the facts in the contested case;
(B) Comparison of prior actions of the CSP in handling similar situations;
(C) The literal meaning of the statutes or rules directly applicable to the issues in the contested case;
(D) The admissibility of evidence;
(E) The correctness of procedures being followed in the contested case.
(4) Lay representatives must read and be familiar with the Code of Conduct for Non-Attorney Representatives at Administrative Hearings, which is maintained by the Oregon Department of Justice and available on its website at: http://www.doj.state.or.us.

Notes

Or. Admin. R. 137-055-2170
JD 6-1987, f. & ef. 10-16-87; JD 4-1995, f. 2-27-95, cert. ef. 3-1-95; Renumbered from 137-055-0300, DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03; DOJ 1-2014(Temp), f. & cert. ef. 1-13-14 thru 7-12-14; DOJ 9-2014, f. & cert. ef. 5-22-14; DOJ 9-2020, minor correction filed 02/05/2020, effective 2/5/2020

Statutory/Other Authority: ORS 180.345 & 25.505

Statutes/Other Implemented: ORS 25.080 & 183.452

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