justicedao/ipfs_state_laws huggingface dataset:
137-055-2140 Delegations to Administrative Law Judge Administrative law judges (ALJ) of the Office of Administrative Hearings (OAH) are authorized to do the following: (1) Issue final orders without first issuing proposed orders. (2) Issue final orders by default in cases described in OAR 137-003-0670 or 137-003-0672, except in a case authorized by ORS 25.511 or as authorized in section (3). An ALJ is authorized to issue a final order by default in a case authorized by ORS 25.527(5) but not in any other case authorized by ORS 25.527, unless section (4) of this rule applies. (3) Issue final orders by default when the non-requesting parties fail to appear for a hearing conducted under ORS 25.020(13), or issue a dismissal with prejudice when the requesting parties fail to appear for a hearing conducted under ORS 25.020(13). (4) Issue final orders that reflect the name of the child as recorded on the birth record when the underlying order that is being modified listed the child’s name incorrectly and either the administrator corrected the child’s name in the proposed order or the ALJ discovers the discrepancy and the administrator verifies the correct name. (5) Correct mistakes in hearing orders issued by OAH pursuant to ORS 180.345, including scrivener errors and substantive errors, at any time within 30 days of the issuance of the order; and (a) Orders in which scrivener errors have been corrected must be marked “Corrected Order”; (b) Orders in which substantive errors have been amended must be marked “Amended Order”; and (c) Corrected and amended orders must contain notice to the parties of appeal rights as provided in ORS 25.513 and must either be mailed to the parties by regular mail at each party’s contact address or delivered electronically to the email address provided by a party, when available. (6) Determine whether a reschedule request should be granted pursuant to OAR 137-003­-0670(2), based on whether the requester’s failure to appear for a scheduled hearing was beyond their reasonable control. (7) Issue final orders granting or denying late hearing requests pursuant to OAR 137-003-0528. (8) Provide to each party the information required to be given under ORS 183.413(2) or OAR 137-003-0510(1). (9) Order and control discovery. Statutory/Other Authority: ORS 25.020 & 180.345 Statutes/Other Implemented: ORS 25.020, 25.511, 25.527 & 180.345 History: DOJ 17-2021, amend filed 12/01/2021, effective 12/03/2021 DOJ 49-2020, minor correction filed 02/06/2020, effective 02/06/2020 DOJ 7-2020, minor correction filed 02/05/2020, effective 02/05/2020 DOJ 5-2013, f. & cert. ef. 7-8-13 DOJ 13-2009, f. & cert. ef. 10-30-09 DOJ 4-2009(Temp), f. 5-6-09, cert. ef. 5-7-09 thru 11-1-09 DOJ 1-2006, f & cert. ef. 1-3-06 DOJ 5-2005, f. & cert. ef. 7-15-05 DOJ 16-2004, f. 12-30-04, cert. ef. 1-3-05 DOJ 7-2004, f. 3-30-04, cert. ef. 4-1-04 DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-2140 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-2140 AFS 28-2001, f. 12-28-01, cert. ef. 1-1-02 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0801 AFS 21-2000, f. & cert. ef. 8-1-00
137-055-2180 Reconsideration and Rehearing A petition for reconsideration or rehearing authorized by OAR 137-003-0675 must be filed with the administrative law judge who signed the final order. An administrative law judge will rule on the petition and take appropriate action if the petition is allowed. Statutory/Other Authority: ORS 180.345 Statutes/Other Implemented: ORS 180.345 History: DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-2180 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-2180 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0930 AFS 21-2000, f. & cert. ef. 8-1-00 AFS 2-2000, f. 1-28-00, cert. ef. 2-1-00 AFS 5-1995, f. & ef. 2-6-95
137-055-2320 Requirement for Services — Obligor Bankruptcy Situations (1) The administrator will have access to an attorney admitted to federal court practice to handle situations of obligor bankruptcy, or contract with suitable counsel so admitted. (2) For the purposes of this rule, "suitable counsel" means any of the following: (a) That portion of the Oregon Department of Justice (DOJ) designated to handle bankruptcy situations; or (b) Any Oregon county district attorney's office with staff counsel admitted to federal court practice to handle situations of obligor bankruptcy; or (c) Private counsel so admitted, provided that such private counsel complies with the administrative rules and procedures of the Oregon Child Support Program that apply to situations of obligor bankruptcy, and with applicable DOJ policies regarding representation. Statutory/Other Authority: ORS 180.345 Statutes/Other Implemented: ORS 25.080 History: DOJ 9-2025, amend filed 12/22/2025, effective 01/01/2026 DOJ 8-2007, f. 9-28-07, cert. ef. 10-1-07 DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-2320 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-2320 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0282 AFS 14-1994, f. 7-25-94, cert. ef. 8-1-94
137-055-2340 Obligor Bankruptcy Situations in General (1) Upon being notified of obligors bankruptcy, the administrator will: (a) Enter the appropriate codes for bankruptcy on the case record; and (b) Narrate the case record with the bankruptcy information to alert other program participants of the bankruptcy situation; and (c) Follow the processes prescribed by OAR 137-055-2360 and 137-055-2380. (2) Upon receiving a discharge or dismissal notice and verifying that the bankruptcy was closed, the administrator will: (a) Remove the codes for bankruptcy on the case record, and (b) Narrate the bankruptcy information on the case record. Statutory/Other Authority: ORS 180.345 Statutes/Other Implemented: ORS 25.080 History: DOJ 9-2025, amend filed 12/22/2025, effective 01/01/2026 DOJ 8-2007, f. 9-28-07, cert. ef. 10-1-07 DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-2340 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-2340 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0284 AFS 13-1999, f. 10-29-99, cert. ef. 11-1-99 AFS 2-1995, f. 1-10-95, cert. ef. 1-11-95
137-055-3040 Temporary Order for Support (1) When a party to an order to establish parentage objects to the entry of such order, and genetic testing results in a probability of parentage of at least 99% and a combined relationship index of 100 to 1, the administrator may request the court issue a temporary support order. (2) A party other than the state may request an order establishing temporary support. (3) The temporary order entered by the court shall have the same force and effect as any other order entered by the administrator, court, or other tribunal. (4) If the court makes a determination of nonparentage, the obligor may request that the court order the return of any monies collected because of the temporary order. Statutory/Other Authority: ORS 180.345 Statutes/Other Implemented: ORS 25.550, 109.154 & 109.259 History: DOJ 3-2026, minor correction filed 02/26/2026, effective 02/26/2026 DOJ 9-2025, amend filed 12/22/2025, effective 01/01/2026 DOJ 21-2023, amend filed 11/22/2023, effective 12/01/2023 DOJ 13-2020, minor correction filed 02/05/2020, effective 02/05/2020 DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-3040 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-3040 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-1005 AFS 26-1997, f. 12-31-97, cert. ef. 1-1-98
137-055-3060 Establishing Paternity in Multiple Alleged Genetic Parent Cases (1) Except as provided in OAR 137-055-3020(5) and (6), in any action to establish parentage initiated under ORS 25.501 to 25.556, when the person who gave birth to the child for whom parentage is being established states that the alleged genetic parent of the child could be more than one person, the administrator may initiate action against the persons named as possible alleged genetic parents as provided in this rule. (2)(a) If the parent who gave birth is able to name one of the possible alleged genetic parents as the most likely parent based upon the date of conception, the physical characteristics the child shares with that person, or other factors, the administrator may initiate action against that person only. (b) If the administrator is unable to locate the person identified by the parent who gave birth as the most likely alleged genetic parent, the administrator will not proceed with establishing parentage until they are located. (3) If parent who gave birth remains unable to identify anyone as the most likely other genetic parent, the administrator may initiate legal action against any one or more possible genetic parents, as named by the parent who gave birth, upon whom the administrator can apparently effect personal service based on the information it has available. (4) The administrator will provide notice to any possible alleged genetic parent described in this rule, and served in an action to establish parentage, that the parent who gave birth to the child for whom the administrator seeks to establish parentage has named another person as a possible alleged genetic parent unless that other person has been excluded by genetic testing. (5) The administrator will not enter an order establishing parentage with respect to an alleged genetic parent who has not been named by the parent who gave birth as the most likely alleged genetic parent unless the provisions of either subsection (a) or (b) of this section apply. (a) The alleged genetic parent has been subjected to genetic testing which did not exclude them as a possible alleged genetic parent of the child in question; or, (b) All other alleged genetic parents named by the parent who gave birth as possible parents have been excluded by genetic testing. Statutory/Other Authority: ORS 180.345 Statutes/Other Implemented: ORS 25.501 - 25.556 History: DOJ 9-2025, amend filed 12/22/2025, effective 01/01/2026 DOJ 14-2020, minor correction filed 02/05/2020, effective 02/05/2020 DOJ 6-2008, f. & cert. ef. 4-1-08 DOJ 1-2008(Temp), f. & cert. ef. 1-2-08 thru 3-31-08 DOJ 5-2006, f. 6-29-06, cert. ef. 7-3-06 Reverted to DOJ 12-2004, f. & cert. ef. 10-1-04 DOJ 2-2006(Temp), f. & cert. ef. 1-3-06 thru 6-30-06 DOJ 12-2004, f. & cert. ef. 10-1-04 DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-3060 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-3060 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-1040 AFS 7-1998, f. 3-30-98, cert. ef. 4-1-98
137-055-3100 Order Establishing Parentage When Genetic Testing Is Not Completed (1) In an action to establish parentage initiated pursuant to ORS 25.511, the Oregon Child Support Program may serve simultaneously the proposed order establishing parentage and an administrative order for genetic testing. (2) An administrative order for genetic testing may require a party to request testing, or it may require testing regardless of a request from a party. When testing is required, an order establishing parentage will not be entered unless genetic testing is completed. (3) The administrator may enter an order establishing parentage when genetic testing was not completed if: (a) All parties were served with a proposed order establishing parentage and an order for genetic testing; (b) The parent who gave birth to the child named the alleged genetic parent as a most likely possible parent; and either (c) The alleged genetic parent requested genetic testing and subsequently failed to appear for the testing; or (d) No party requested genetic testing in the time allowed. (4) The provisions of this rule apply to the additional genetic testing described in OAR 137-055-3020 (11) to (15) when the party requesting the tests fails to comply with an order for additional genetic testing. Statutory/Other Authority: ORS 180.345 Statutes/Other Implemented: ORS 25.511, 25.550 & 109.184 History: DOJ 4-2026, minor correction filed 02/26/2026, effective 02/26/2026 DOJ 9-2025, amend filed 12/22/2025, effective 01/01/2026 DOJ 2-2025, amend filed 02/24/2025, effective 02/28/2025 DOJ 15-2020, minor correction filed 02/05/2020, effective 02/05/2020 DOJ 7-2018, amend filed 05/30/2018, effective 06/01/2018 DOJ 3-2009, f. & cert. ef. 4-1-09 DOJ 6-2008, f. & cert. ef. 4-1-08 DOJ 1-2008(Temp), f. & cert. ef. 1-2-08 thru 3-31-08 DOJ 5-2006, f. 6-29-06, cert. ef. 7-3-06 DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-3100 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-3100 SSP 15-2003, f. 6-25-03, cert. ef. 6-30-03 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-1030 AFS 7-1998, f. 3-30-98, cert. ef. 4-1-98
137-055-3120 Changing Child's Surname on Birth Record When Parentage Established (1) In any action or proceeding by the administrator to establish parentage of a child who was born in Oregon, if either parent wishes to have the child’s surname changed on the child’s birth record and the other parent agrees, the administrator shall so order and notify the Oregon Health Authority Center for Health Statistics as provided by ORS 25.550(3) and ORS 432.088(9)(d). (2) If the parents do not agree to change the child’s surname on the birth record and either parent requests that the matter be adjudicated, the administrator shall certify the matter to the appropriate Oregon circuit court pursuant to ORS 25.550(6)(b). If neither parent requests that the matter be adjudicated, the administrator will take no action to change the surname on the birth certificate of the child. Statutory/Other Authority: ORS 180.345 Statutes/Other Implemented: ORS 25.080, 25.550 & 432.088 History: DOJ 9-2025, amend filed 12/22/2025, effective 01/01/2026 DOJ 16-2020, minor correction filed 02/05/2020, effective 02/05/2020 DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-3120 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-3120 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-1045 AFS 2-2000, f. 1-28-00, cert. ef. 2-1-00
137-055-3140 Reopening of Parentage Cases (1) When a party claims that a person established as the parent of a child is not the biological parent of the child, the administrator will open or reopen the issue of parentage when all of the provisions of subsections (a) through (e) apply: (a) An Oregon administrative order established parentage or parentage was established in Oregon by a signed voluntary acknowledgment; (b) Genetic testing has not been conducted; (c) The order was entered with the circuit court one year ago or less, or the voluntary acknowledgment as described in ORS 432.098 was filed with the Center for Health Statistics one year ago or less; (d) The party applying has completed and returned to the administrator a request for reopening and, if required, a signed application for services, prior to expiration of the one-year-period; and (e) The administrator has jurisdiction over the parties. (2) The administrator will not reopen the issue of parentage if parentage was established by voluntary acknowledgment as provided in ORS 109.070(1)(a)(B) and the parent who gave birth and the acknowledged parent are currently married, unless they both consent to reopening. (3) An order establishing parentage will be vacated, dismissed or set aside under this rule when genetic testing excludes the party in question as the parent of all the children subject to the order, or a party fails to comply and the issue of parentage is resolved against that party for all the children subject to the order. The administrator will not seek a court order requiring repayment to the debtor of money paid by that debtor under the order. (4) If a reopening initiated by the administrator results in an order of nonparentage for all children subject to a child support order, the administrator will satisfy any state debt owing on the case and file credit arrears owed to any other party. (5) Any judgment of nonparentage under this rule will be by circuit court order. Statutory/Other Authority: ORS 180.345 Statutes/Other Implemented: ORS 25.554 & 109.070 History: DOJ 9-2025, amend filed 12/22/2025, effective 01/01/2026 DOJ 12-2021, amend filed 10/07/2021, effective 10/08/2021 DOJ 17-2020, minor correction filed 02/05/2020, effective 02/05/2020 DOJ 13-2017, amend filed 12/29/2017, effective 01/01/2018 DOJ 6-2008, f. & cert. ef. 4-1-08 DOJ 1-2008(Temp), f. & cert. ef. 1-2-08 thru 3-31-08 DOJ 5-2006, f. 6-29-06, cert. ef. 7-3-06 Reverted to DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-3140 DOJ 2-2006(Temp), f. & cert. ef. 1-3-06 thru 6-30-06 DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-3140 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-3140 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-1000 AFS 29-1995, f. 11-6-95, cert. ef. 11-15-95
137-055-3200 Pending Judicial Proceedings and Existing Support Orders (1) Whenever the administrator seeks to establish or modify a support order, the administrator will first check the Oregon eCourt Case Information (OECI) and the Child Support case records to determine if: (a) There is any support proceeding involving the child pending in this state or any other jurisdiction; or (b) There is a support order involving the child in this state or any other jurisdiction, other than the support obligation the administrator seeks to modify. (2) If a judicial proceeding involving the support of the child is pending in this state, the administrator may proceed to establish or modify the support order if: (a) It appears likely that a final judgment will not be entered without substantial delay; or (b) The state's financial interests cannot be adequately protected without proceeding with the administrative action. (3) If the administrator proceeds to establish or modify a support order, the administrator must file a notice in the pending judicial proceeding which includes the date of initiation of the administrative action, the action being pursued, and the amount of any current or past support sought. (4) If the administrator does not proceed to establish or modify a support order, the administrator must send notice to the requesting party and may file an affidavit of appearance in the pending proceeding. (5) If a support proceeding is discovered after commencing an administrative action but prior to finalizing the administrative order, the administrator may: (a) Certify all matters under the notice to the court for consolidation in the court proceeding; (b) Finalize any portion of the order and file it in the county where the proceeding is pending; or (c) Withdraw the administrative proceeding. (6) If a child support judgment is discovered after commencing an administrative action but prior to finalizing the administrative order, the administrator may: (a) Seek to set aside the provisions of the child support judgment and ask the court to enter a new order if: (A) It was issued without prior notice to the issuing court, administrative law judge or administrator that another support proceeding involving the child was pending or another support judgment involving the child already existed; or (B) It was issued without service on the administrator as required in ORS 107.087, 107.135, 107.431, 108.110, 109.103 and 109.125, when support rights are assigned to the state and the state's interests were not adequately protected. (b) Proceed to establish an order for past support only for periods of time not addressed by the child support judgment; or (c) Withdraw the administrative proceeding. Statutory/Other Authority: ORS 25.287 & 25.515 Statutes/Other Implemented: ORS 25.287, 25.511, 25.515, 25.527, 25.529, 108.110, 109.100, 109.103, 419B.400 & 419C.590 History: DOJ 18-2020, minor correction filed 02/05/2020, effective 02/05/2020 DOJ 7-2011, f. & cert. ef. 10-3-11 DOJ 12-2004, f. & cert. ef. 10-1-04 DOJ 2-2004, f. 1-2-04 cert. ef. 1-5-04
137-055-3260 Correction of Mistakes in Orders (1) Clerical mistakes in final orders or money awards issued by the administrator pursuant to ORS 25.501 to 25.556 and errors therein arising from oversight or omission may be corrected by the administrator at any time within 60 days of the issuance of the order. The corrected order must be clearly marked "Corrected Order" and must contain notice to the parties of appeal rights as provided by ORS 25.513. (2) The corrected order must be served on the parties by regular mail at their contact addresses. Statutory/Other Authority: ORS 25.505 & 180.345 Statutes/Other Implemented: ORS 25.501 - 25.556 History: DOJ 15-2024, amend filed 11/22/2024, effective 12/13/2024 DOJ 21-2020, minor correction filed 02/05/2020, effective 02/05/2020 DOJ 1-2010, f. & cert. ef. 1-4-10 DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-3260 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-3260 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-1050 AFS 7-1998, f. 3-30-98, cert. ef. 4-1-98
137-055-3280 Administrative Law Judge Order Regarding Arrears (1) If a party objects to the enforcement of an order under ORS 25.540 on the basis that the amount of the arrears are incorrect, an administrative law judge may determine the correct amount of the arrears, if any, and issue an order enforcing both the newly determined arrears and the current support obligation. (2) The amount of arrears as stated on the Notice of Intent to Enforce an Order issued under ORS 25.540 will be presumed to accurately state the arrears. The presumption may be rebutted by evidence of errors in calculation, by a showing that payments were made for which credits were not appropriately recorded, or any other evidence which demonstrates that the arrears amount sought is incorrect. (3) An administrative law judge may enter an order providing for the enforcement of current support only, pending further proceedings to determine the correct amount of arrears. Statutory/Other Authority: ORS 25.505 & 180.345 Statutes/Other Implemented: ORS 25.540 History: DOJ 22-2020, minor correction filed 02/05/2020, effective 02/05/2020 DOJ 1-2006, f & cert. ef. 1-3-06 DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-3280 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-3280 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-1060 AFS 7-1998, f. 3-30-98, cert. ef. 4-1-98