Current through Register Vol. 63, No. 9, September 1, 2024
(1) For the purposes of this rule the
following definitions apply:
(a) "License"
means any of the licenses, certificates, permits or registrations that a person
is required by state law to possess in order to engage in an occupation or
profession, all annual licenses issued to individuals by the Oregon Liquor
Control Commission, all driving privileges granted by the Department of
Transportation under ORS chapter 807 which includes all driving licenses and
permits, and all hunting and fishing licenses and tags issued by the Oregon
Department of Fish and Wildlife;
(b) "Administrative review" means a review of
the obligor's objection to proposed action under this rule performed by the
administrator to determine that:
(A) There is
not a mistake in identity of the party;
(B) The party has not complied with the
subpoena; or
(C) The subpoena was
properly served upon the party.
(2) At the discretion of the administrator,
the administrator may use the remedy set out in this rule or any other remedy
allowable under Oregon law to enforce compliance with a subpoena issued
pursuant to OAR 137-055-3620.
(3)
When a party to a child support or paternity case has been served with a
subpoena pursuant to OAR 137-055-3620 the time for compliance set out on the
subpoena has expired and the subpoenaed party has not complied with the
subpoena, the administrator may serve notice to the party that a license or
licenses issued to that party will be suspended.
(4) The notice of license suspension will
contain:
(a) The license(s) subject to
suspension;
(b) The name of the
person whose license is subject to suspension, the child support case number,
the social security number, if available, and date of birth, if
known;
(c) The date the original
subpoena had been served, the deadline the subpoena set for compliance and the
documents or information that had been subpoenaed;
(d) The procedure for contesting license
suspension and the bases for contesting the suspension. The only bases for
contesting the suspension are:
(A) There is a
mistake in identity of the party;
(B) The party has complied with the subpoena;
or
(C) The subpoena was not
properly served upon the party pursuant to OAR 137-055-3620.
(e) A statement that the party has
30 days to contest suspension in writing by requesting an administrative review
on a form provided by the administrator;
(f) A statement that if the party provides
the information or documents that were originally specified in the subpoena
within 30 days of the date of the notice, the license(s) will not be suspended;
and
(g) A statement that failure to
contact the administrator within 30 days of the date of the notice to either
request an administrative review to contest the suspension or to provide the
originally subpoenaed information or documents will result in suspension of the
license(s).
(5) If the
party contests the suspension of the license(s), the administrator will conduct
an administrative review to determine if the suspension should occur:
(6) If the administrator determines that the
suspension of the license should occur, all parties will receive written notice
of such determination. The notice will include the following:
(a) The basis for the
determination;
(b) The right to
appeal the determination and a form on which to make the appeal;
(c) The time limit for making an appeal is 30
days from the date of the notice;
(d) That if no appeal of the suspension is
received within 30 days, the licensing agency will be notified to suspend the
license immediately.
(7)
An appeal of the determination in subsection (5) of this rule will be to an
administrative law judge and the suspension of the license is stayed pending
the decision of the administrative law judge. The only bases for the appeal
are:
(a) There is a mistake in identity of
the party;
(b) The party has
complied with the subpoena; or
(c)
The subpoena was not properly served upon the party pursuant to OAR
137-055-3620.
(8) If the
party fails to provide the subpoenaed information or documents or fails to
appeal the determination within the time period allowed, or if the
administrative law judge affirms the administrative determination, the
administrator will send a notice to the issuing agency to suspend the license.
A copy of this order will be sent to all parties by regular mail.
(9) The notice to the issuing agency to
suspend the license will contain the following:
(a) A statement that a child support or
paternity case record is being maintained by the Child Support Program and that
the license holder is a party in that case; and
(b) A statement that the holder of the
license has failed to comply with a subpoena pursuant to OAR
137-055-3620.
(10) At
any time after suspension of the license, the party may request that the
administrator conduct a review to determine if the basis for the license
suspension continues to exist. The administrator will review the suspension and
notify the issuing agency to reinstate the license, when any of the following
conditions are met:
(a) The party has
furnished the originally subpoenaed information or documents;
(b) The legal action, enforcement action or
other case action has been completed and there is no longer a need for the
originally subpoenaed information or documents; or
(c) There is no longer a Child Support
Program case.
Stat. Auth.: ORS
25.082,
25.750, and
180.345
Stats. Implemented: ORS
25.082 and
25.750
