Current through Register Vol. 63, No. 3, March 1, 2024
(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.
