Or. Admin. Code § 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.
Notes
Statutory/Other Authority: ORS 180.345
Statutes/Other Implemented: ORS 183.415
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