justicedao/ipfs_state_laws huggingface dataset:
333-011-0240 Review and Filing of Delayed Registration of Live Birth (1) The state registrar shall review the application for delayed registration of birth and documents in support of the application for authenticity, relevance and content required by OAR 333-011-0230. If the application cannot be approved as submitted, the applicant will be notified by correspondence or electronic mail of the deficiencies and provided an opportunity to submit additional documentation. (2) The state registrar shall review the delayed registration of live birth application and the documents submitted, and shall search to confirm there is no existing birth record for the proposed registrant in Oregon. If the state registrar finds no such records and finds that the documents submitted are adequate to establish that the proposed registrant was born in Oregon on the date specified, the state registrar or the state registrar's designated representative shall register the record and include on the record of delayed registration of live birth an abstract of the evidence supporting the delayed report of live birth. (3) If the application and evidence is accepted, the state registrar shall send the delayed report of live birth, including the abstract of evidence, to the applicant for notarized signature. (4) When the notarized delayed report of live birth with the applicant’s notarized signature is received, the state registrar shall create the delayed record of live birth. The record of live birth shall be marked ‘Delayed’ and shall include a description of each document submitted to support the facts shown on the delayed birth record. This description shall include: (a) The title or description of the document; (b) The name of the affiant, if the document is an affidavit of personal knowledge, or of the custodian, if the document is an original or certified copy of a record or a signed statement from the custodian; (c) The date of the original filing of the document being abstracted; and (d) The information regarding the birth facts contained in the document. (5) The state registrar shall return all original documents other than personal affidavits submitted in support of the application for delayed registration of live birth and received directly from the applicant to the applicant after review. A copy of the personal affidavit shall be provided to the applicant. Copies of documents and application will be maintained for delayed registrations of live birth that are accepted for registration. Statutory/Other Authority: ORS 432.113 Statutes/Other Implemented: ORS 432.113 History: PH 17-2013, f. 12-26-13, cert. ef. 1-1-14
333-011-0245 Denial of Application for Delayed Registration of Live Birth after Two Years (1) An application for an out of facility record of live birth or delayed record of live birth which is not completed through the submission of required evidence of all facts to be established as identified in rule within two years of application shall be denied. The applicant shall be notified of the right to appeal the decision of the state registrar under ORS 183.484. The applicant may request denial for the purpose of seeking a court order prior to two years. (2) Any applicant that has had a previous application denied must file a new application for the proposed registrant including the fee if choosing to submit a new application for delayed registration of birth. (3) Copies of the application and submitted documentation will be maintained according to the agency’s retention schedule and may be used if a subsequent application indicates contradictory information. Statutory/Other Authority: ORS 432.113 Statutes/Other Implemented: ORS 432.113 History: PH 17-2013, f. 12-26-13, cert. ef. 1-1-14
333-011-0250 Court Ordered Birth Records A certified copy of each order to establish a record of birth shall be forwarded to the State Registrar from the court clerk by the 5th and 15th working day of each month. The order shall be in the form specified by the State Registrar and shall be suitable for issuing certified copies of the birth record on a single sheet. Statutory/Other Authority: ORS 432.188 Statutes/Other Implemented: ORS 432.188 History: PH 17-2013, f. 12-26-13, cert. ef. 1-1-14
333-011-0255 Infants of Unknown Parentage (1) A report for a minor child of unknown parentage found in Oregon shall be registered in the current format for births. (2) If the minor child is less than one year of age, the hospital where the child is examined shall submit the report of live birth in the state’s electronic reporting system. (3) If the minor child is more than one year of age, the agency who has assumed custody of the child shall submit a request to locate birth record to the state registrar. The request shall include: (a) A statement that the child is a possible foundling; (b) All information available on the identity of the child and parents for the purpose of identifying the birth record; (c) Whether the agency will be able to locate evidence to support a delayed record of birth if a birth record is not identified; (d) Whether an expedited denial is requested for the purpose of obtaining a court order to register the birth. (4) If the agency requests expedited denial, the state registrar shall review the information available and determine whether a birth record can be identified. If no birth record can be identified based on the information provided by the agency and the agency cannot provide additional documentation to support a delayed record of birth, the state registrar shall issue a denial of the request. (5) If the agency later identifies the child’s parents, the agency shall notify the state registrar within 10 days of the additional information. If a previously registered record is identified with the child’s information, the record registered under this rule shall be voided. If no registered record with the parent information is found, the agency shall amend the court order to register the birth to include the names, dates of birth and places of birth of the parents. Statutory/Other Authority: ORS 432.108 Statutes/Other Implemented: ORS 432.108 History: PH 17-2013, f. 12-26-13, cert. ef. 1-1-14
333-011-0260 Amendment of the Same Item More than Once Once an amendment of an item is made on a vital record, except for cause and manner of death to be amended by the medical certifier or Medical Examiner or clerical error on the part of the reporting source or the state registrar, that item shall not be amended again except upon receipt of an appropriate order which, depending on the nature of the order, shall be from either a court of competent jurisdiction or a court with competent jurisdiction over the state agency. Statutory/Other Authority: ORS 432.235 Statutes/Other Implemented: ORS 432.235 History: PH 17-2013, f. 12-26-13, cert. ef. 1-1-14
333-011-0270 Voluntary Acknowledgment of Paternity (1) Any voluntary acknowledgment paternity form establishes paternity, and the establishment of paternity shall be a rebuttable presumption. Forms must contain all information necessary to comply with existing federal and state laws and regulations for determination and recording of paternity including but not limited to: (a) The current full names of mother, father and child; (b) The social security numbers of mother and father if available; (c) The dates of birth for mother, father and child; (d) The address(es) of the mother and of the father; (e) The birthplace of the child; (f) A brief explanation of the legal significance of signing a voluntary paternity affidavit and a statement that both parents have 60 days to rescind the paternity acknowledgment affidavit; (g) A statement signed by both parents indicating they understand that signing the paternity acknowledgment is voluntary and that they understand the rights, responsibilities, alternatives to signing, and consequences of signing; (h) Signature lines for the mother and the father; and (i) Signature lines for witnesses or notaries. (2) The witnessed voluntary acknowledgment of paternity form is established for completion in a health care facility where births occur. This form can be used by unwed biological parents if: (a) The mother was not married at conception, at birth, or within 300 days prior to the birth; (b) The form is completed: (A) After the birth; and (B) While the mother is admitted for this birth; and (c) The form is witnessed by a member of the hospital staff; and (d) The form is submitted to the Center for Health Statistics within five days after the birth. (e) This form will not be accepted and the father's information will not be placed on this record of live birth if any of these conditions are not met. (3) Completion of a voluntary acknowledgment of paternity form and returning the form to the hospital staff for submission is the responsibility of the biological parents. (4) The notarized voluntary acknowledgment of paternity form can be used by unwed biological parents if: (a) The mother was not married at conception, at birth, or within 300 days prior to the birth; (b) The form is completed after the birth; and (c) Signatures of each biological parent are notarized. (d) This form will not be accepted and the father's information will not be placed on this record of live birth if any of these conditions are not met. (5) The State Registrar of the Center for Health Statistics shall consult the Division of Child Support on the language in the rights and responsibility statement for voluntary acknowledgment of paternity forms to ensure compliance with state and federal law and regulations. (6) All questions regarding acceptability of a completed form are determined by the State Registrar for the Center for Health Statistics. Appeals of decisions of determination of the state registrar will be made under ORS 183.484. Statutory/Other Authority: ORS 432.098 Statutes/Other Implemented: ORS 432.098 History: PH 17-2013, f. 12-26-13, cert. ef. 1-1-14
333-011-0271 Application to Change the Name on a Record of Live Birth to Support Gender Identity (1)(a) An applicant may request an administrative change to the registrant’s name on the record of live birth when the sex on the record of live birth does not match the gender identity of the registrant. (b) Change of name for gender identity may be requested by: (A) The registrant, if the registrant is age 18 or older or an emancipated minor; or (B) If the registrant is less than 18 years of age: (i) A parent; or (ii) The registrant’s legal guardian; or (C) The legal representative of the persons listed in paragraphs (A) or (B) of this subsection with a notarized statement from the person stating that the legal representative is authorized to act for them in this matter. (2) A registrant may not request an administrative name change under this rule if the registrant’s name on the record of live birth has previously been amended, except for clerical or typographical errors. (3)(a) The administrative request shall be supported by a form prescribed by the state registrar of the Center for Health Statistics that provides the information needed to: (A) Establish the identity of the applicant; (B) Establish the relationship between the applicant and the registrant; (C) Identify the record of live birth to be amended; and (D) Specify the changes requested. (b) Information required on the application to identify the correct record of live birth to amend shall be the same information required to purchase a certified copy of a vital record in OAR 333-011-0273. (c) The form must clearly identify the current name on the record of the live birth and the new name as it will appear on the record. (A) If a new first name is not specified, the first name will remain unchanged on the record of live birth. (B) If a new middle name is not specified, the middle name will remain unchanged on the record of live birth. (C) If a new last name is not specified, the last name, including suffix if any, will remain unchanged on the record of live birth. (d) The applicant must affirm before a notary that the change is requested because the sex currently appearing on the record of live birth is different than the registrant’s gender identity and the name requested supports the registrant’s gender identity. Statutory/Other Authority: ORS 432.015 & ORS 432.235 Statutes/Other Implemented: ORS 432.235 History: PH 15-2017, adopt filed 11/03/2017, effective 01/01/2018
333-011-0272 Application to Change the Sex on a Record of Live Birth to Support Gender Identity (1)(a) An applicant may request an administrative change to the sex of a registrant on the record of live birth when the sex on the record of live birth does not match the gender identity of the registrant. (b) The change of sex may be requested by: (A) The registrant if the registrant is age 18 or older or an emancipated minor; or (B) If the registrant is less than 18 years of age: (i) A parent; or (ii) The registrant’s legal guardian; or (C) The legal representative of the persons listed in paragraphs (A) or (B) of this subsection with a notarized statement from the person stating that the legal representative is authorized to act for them in this matter. (2) An applicant may not request an administrative change to the sex of the registrant on the record of live birth if the registrant’s sex on the record of live birth has previously been amended, except for clerical and typographical errors. (3)(a) The administrative request shall be supported by a form prescribed by the state registrar of the Center for Health Statistics that provides the information needed to: (A) Establish the identity of the applicant; (B) Establish the relationship between the applicant and the registrant; (C) Identify the record of live birth to be amended; and (D) Specify the changes requested. (b) Information required on the application to identify the correct record of live birth to amend shall be the same information required to purchase a certified copy of a vital record in OAR 333-011-0273. (c) The form must clearly identify the current sex on the record of live birth and the new sex to appear on the record. (d) The applicant must affirm before a notary that the change is requested because the sex currently appearing on the record of live birth is different than the registrant’s gender identity and the sex designation requested supports the registrant’s gender identity. Statutory/Other Authority: ORS 432.015, ORS 432.235 & 432.245 Statutes/Other Implemented: ORS 432.235 & 432.245 History: PH 15-2017, adopt filed 11/03/2017, effective 01/01/2018
333-011-0273 Amended Records in Support of Gender Identity (1) Upon receipt of an application to change the name of a registrant under OAR 333-011-0271 or to change the sex of a registrant under OAR 333-011-0272, including documentation required and payment of the amendment fee, the application will be reviewed by the Center for Health Statistics to determine if the record can be changed administratively. The record shall be changed administratively if all of the following are true: (a) Applicant is qualified by their relationship to the registrant on the record of live birth; (b) Registrant is born in Oregon; (c) The record of live birth has been identified; (d) All required documentation under OAR 333-011-0271 and 333-011-0272 has been submitted; and (e) No amendment has previously occurred to the items requested to be changed under OAR 333-011-0271 or OAR 333-011-0272. (2) If the request is only to change the name and the record can be changed administratively, the record of live birth will be amended to show the new name and a notation of the amendment will be placed on certified copies of the record of live birth. The notation will include what item was changed, that the change was made by administrative request, the date the change was made, and the name of the state registrar authorizing the amendment. (3) If change of sex is requested, alone or in combination with change of name, and the record can be changed administratively, a new record of live birth will be created that includes the new sex and the new name if applicable. No notation of the change will appear on certified copies of the record of live birth. (4) The applicant will be notified of the approval by correspondence that includes the previous information, the new information and the date of birth of the registrant. A copy of the application form used to request the change will be included with the correspondence prior to the file being sealed for use by the registrant in documenting the change in identity. (5) All supporting documentation including the application form used to request the change and correspondence sent to the applicant will be placed in a sealed file. If a new record of live birth has been created, the previous record of live birth will also be placed in the sealed file. (6) If eligibility is not confirmed, the applicant will receive written notice that the application is denied, the reason for the denial and the process to contest the agency decision. Statutory/Other Authority: ORS 432.015, ORS 432.235 & 432.245 Statutes/Other Implemented: ORS 432.235 & 432.245 History: PH 15-2017, adopt filed 11/03/2017, effective 01/01/2018
333-011-0280 Extension of Time for Submission of Report of Death or Fetal Death (1) Upon written request by the funeral service practitioner, person acting as a funeral service practitioner, or Medical Examiner, the state registrar may extend the period to file a report of death, not to exceed 60 days. (2) Upon written request by the facility administrator or the Medical Examiner, the state registrar may extend the period to file a report of fetal death, not to exceed 60 days. (3) The request shall include the date of event, name of the decedent if a report of death or name of the mother if a report of fetal death, and an explanation of why the extension of time is required. (4) The state registrar shall respond to such request within two business days of receipt. The request may be faxed or otherwise transmitted electronically, but must include a signature of the person requesting the extension. Statutory/Other Authority: ORS 432.163 Statutes/Other Implemented: ORS 432.163 History: PH 17-2013, f. 12-26-13, cert. ef. 1-1-14
333-011-0285 Report of Fetal Death Which Occurred Outside a Licensed Medical Facility When a fetal death occurs outside a licensed medical facility, the report of fetal death must be submitted by the Medical Examiner or physician who attended at or immediately after the delivery through the electronic reporting system. Statutory/Other Authority: ORS 432.143 Statutes/Other Implemented: ORS 432.143 History: PH 17-2013, f. 12-26-13, cert. ef. 1-1-14
333-011-0290 Commemorative Certificate of Stillbirth (1) The Certificate of Stillbirth shall be suitable for display and shall feature an attractive design with calligraphy-like font, high quality paper, a State of Oregon seal, and signature of the state registrar. (2) Information on the Certificate of Stillbirth shall be prepared using information from the “Report of Fetal Death” submitted to the Center for Health Statistics. The text of the certificate shall contain the name of the child, date and place of birth, names of parent(s), date of issuance, state file number from the fetal death record, and a statement that the certificate is not proof of a live birth. The word deceased would be included after the name of the child. Statutory/Other Authority: ORS 432.148 Statutes/Other Implemented: ORS 432.148 History: Renumbered from 333-011-0200 by PH 17-2013, f. 12-26-13, cert. ef. 1-1-14 PH 27-2006, f. 11-30-06, cert. ef. 12-1-06
333-011-0295 Authorization for Final Disposition (1) Removal of body. Before removing a dead body or fetus from the place of death, the funeral director or person acting as such shall: (a) Obtain assurance from the attending physician that death is from natural causes and that the physician will assume responsibility for certifying to the cause of death or fetal death and receive permission to remove the body from the place of death; or (b) Notify the medical examiner, if the case comes within the medical examiner's jurisdiction and obtain authorization to remove the body. (2) Authorization for disinterment and reinterment. An authorization for disinterment and reinterment of human remains shall be issued by the state registrar upon receipt of a written application signed by the next of kin and the person who is in charge of the disinterment or upon receipt of an order of a court of competent jurisdiction directing such disinterment: (a) Upon receipt of such a court order or signed permission of the next of kin, the state registrar may issue one authorization to permit disinterment and reinterment of all human remains in a mass disinterment provided that, insofar as possible, the remains of each body be identified and the place of disinterment and reinterment specified. The authorization shall be permission for disinterment, transportation, and reinterment; (b) Human remains properly prepared by an embalmer and deposited in a receiving vault shall not be considered a disinterment when removed from the vault for final reinterment within the same cemetery. Statutory/Other Authority: ORS 432.158 Statutes/Other Implemented: ORS 432.158 History: Renumbered from 333-011-0076 by PH 17-2013, f. 12-26-13, cert. ef. 1-1-14 HD 24-1981, f. & ef. 11-17-81 HB 169, f. & ef. 10-16-63
333-011-0305 Marriage and Oregon Registered Domestic Partnership Records (1) The state registrar shall register Declaration of Oregon Registered Domestic Partnership forms that have been completed, notarized, and filed with an Oregon county clerk. (a) The form shall be considered complete when all items not identified as optional or statistical have been completed. (b) If the item “legal name taken after domestic partnership” is not completed, the form may be accepted for registration. A partner not completing the item will retain the legal name prior to the declaration as their sole legal name. (2) The state registrar shall register the Application, License, and Record of Marriage forms that have been completed by the officiant and filed with the Oregon county clerk who issued the license. (a) The form shall be considered complete when all items not identified as statistical have been completed. Affidavit of age may be blank if not required by the county clerk under ORS 109.050. (b) If the item “legal name taken after marriage” is not completed, the form may be accepted for registration. A party not completing the item will retain the legal name prior to the marriage as their sole legal name. Statutory/Other Authority: ORS 432.173 Statutes/Other Implemented: ORS 432.173 History: PH 17-2013, f. 12-26-13, cert. ef. 1-1-14
333-011-0310 Record of Dissolution (1) The state registrar shall register Record of Dissolution of Marriage, Annulment or Domestic Partnership forms that have been completed and certified by an Oregon clerk of the court. The form shall be considered complete when the following minimal information has been completed: (a) Husband/Partner A legal name, date of birth and birthplace; (b) Wife/Partner B legal name, date of birth and birthplace; (c) Date of marriage or filing of registered domestic partnership, place of marriage or registered domestic partnership; (d) Date marriage or registered domestic partnership was dissolved, date judgment becomes effective, county of decree; and (e) Signature, either physical or electronic, of court official, title of official and date signed. (2) The clerk of the court shall complete and submit reports of dissolution of marriage or dissolution of domestic partnership for cases where final judgment has been entered on the 5th working day and the 15th working day of each month. Statutory/Other Authority: ORS 432.183 Statutes/Other Implemented: ORS 432.183 History: PH 17-2013, f. 12-26-13, cert. ef. 1-1-14