(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.
