Current through Register Vol. 63, No. 9, September 1, 2024
(1) For purposes of
this rule, the following definitions apply:
(a) "Collection agency" means a collection
agency as defined by ORS
697.005;
(b) "Enforcement action" means any action
taken by a collection agency to ensure payment of support by an obligor,
including but not limited to contact for the purposes of discussing payments by
the collection agency in person or through mail, e-mail or telephone with the
obligor, members of the obligor's household or the obligor's employer.
"Enforcement action" does not mean investigative and locate services provided
by a collection agency.
(c)
"Legally entitled to" means support payments which the Division of Child
Support (DCS) is required to disburse to the obligee pursuant to OAR
137-055-6010, but does not include support payments that DCS is required to
disburse to the child attending school pursuant to ORS
107.108 and OAR
137-055-5110.
(2) When
the Oregon Child Support Program (CSP) is notified by a collection agency or an
obligee that the obligee has entered into an agreement with a collection
agency, the administrator will send to the obligee an authorization form
developed pursuant to section (7) of this rule.
(3) Before DCS may adjust the payment records
and begin forwarding support payments to the collection agency pursuant to
section (4) of this rule, the obligee must submit a signed and notarized
authorization form to the CSP with the following information:
(a) The child support case number;
(b) The obligee's and obligor's full
names;
(c) The names of the
children on the child support case for whom the obligee is entitled to receive
support; and
(d) The name and
address of the collection agency to which payments should be sent.
(4) Upon receipt of a completed
authorization form DCS will:
(a) Adjust the
child support case record for disbursement of support payments to the
collection agency. If support payments are currently being disbursed to a
different collection agency, DCS will adjust the child support case record for
disbursement of support payments to the collection agency for which the obligee
has most recently provided authorization;
(b) Send the notice developed pursuant to
subsection (7)(b) of this rule to the other parties;
(c) Credit the obligor's account for the full
amount of each support payment received by DCS; and
(d) Disburse support payments received, to
which the obligee is legally entitled, to the collection agency.
(5)
(a) DCS may stop disbursing support payments
to a collection agency and reinstate disbursements to the obligee if:
(A) The obligee notifies the CSP that the
agreement with the collection agency has been terminated;
(B) The obligee requests that the CSP stop
disbursing support payments to the collection agency;
(C) The administrator is made aware that the
collection agency is not in compliance with the provisions of section (8) of
this rule; or
(D) The Department of
Consumer and Business Services (DCBS) notifies the Department of Justice that
the collection agency is in violation of its rules.
(b) DCS will stop disbursing child support
payments to the collection agency only after the child support case record has
been adjusted following the date that notification from the obligee was
received or the date the administrator is otherwise made aware that the
collection agency is not in compliance with section (8) of this rule or rules
adopted by DCBS. DCS will, at no time, be responsible for returning support
payments to the obligee that were disbursed to the collection agency prior to
the child support case record having been adjusted following the date that
notification from the obligee was received.
(6) The administrator may use information
disclosed by the collection agency to provide support enforcement services
under ORS 25.080.
(7) The CSP will develop:
(a) An authorization form to be sent to an
obligee when the obligee or the collection agency notifies CSP that the obligee
has entered into an agreement with a collection agency. The form will include a
notice to the obligee printed in type size equal to at least 12-point type that
the obligee may be eligible for support enforcement services from the CSP
without paying the interest or fee that is typically charged by a collection
agency; and
(b) A form to be sent
to the other parties to the case when DCS has been given authorization by the
obligee to disburse support payments to a collection agency.
(8) A collection agency to which
the obligee has provided authorization for DCS to disburse support payments:
(a) May only provide investigative and locate
services to the obligee unless written authorization is received from the
administrator as provided in section (9) of this rule;
(b) May disclose relevant information from
services provided under subsection (a) of this section to the administrator for
purposes of providing support enforcement services under ORS
25.080;
(c) May not charge interest or a fee for
services exceeding 29 percent of each support payment received by the
collection agency to which the obligee is legally entitled unless the
collection agency, if allowed by the terms of the agreement between the
collection agency and the obligee, hires an attorney to perform legal services
on behalf of the obligee;
(d) Will
include in the agreement with the obligee a notice that provides information on
the fees, penalties, termination and duration of the agreement; and
(e) Will report in writing to DCS the full
amount of any payment collected as a result of an enforcement action taken
within ten days of disbursing the payment to the obligee.
(9) Upon request, the administrator may
provide written authorization to the collection agency to initiate enforcement
action to collect the support award. The authorization may:
(a) Authorize a specific enforcement action
only; or
(b) Authorize any
enforcement action until further notice from the administrator.
(10) A power of attorney given to
a collection agency by an obligee does not change the rights and
responsibilities of the parties or a collection agency as described in ORS
25.020 or this rule.
(11) The administrator will not disclose any
information from a child support record to a collection agency except as
permitted in OAR 137-055-1140.
Stat. Auth.: ORS
25.020;
180.345
Stats. Implemented: ORS
25.020
