Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 80 - CRIME VICTIMS' COMPENSATION › Section 137-080-0010 - Determining Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon receipt
			 of information concerning a contract, judgment, or restitution order which may
			 be subject to the provisions of ORS
			 147.275, the administrator shall
			 promptly investigate as necessary and determine whether the subject contract,
			 judgment or restitution order falls within the provisions of ORS
			 147.275. Upon completion of such
			 investigation, the administrator shall issue in writing a proposed
			 determination order with regard to the contract, judgement, or restitution
			 order in question.
(2) Written
			 notice of the proposed determination order shall be served either personally or
			 by registered or certified mail on the contracting party or parties, the person
			 charged with, convicted, or found guilty except for insanity of the crime, and
			 any known victims or dependents of deceased victims of the crime, and by
			 certified mail, return receipt requested on such other persons or legal
			 entities as the administrator may determine have an interest in the contract or
			 subject matter of the proposed determination order. Such notice shall contain
			 the following statement:
"This proposed determination order will become final 30 days
				after the date of service of this notice unless a hearing is requested in
				writing by an interested party within that time. If you disagree with the
				proposed determination order, you have the right to request a hearing before
				the Department of Justice prior to a final determination in this matter. A
				request for a hearing must be made in writing addressed to: Administrator,
				Crime Victims' Services Division, Oregon Department of Justice, 1162 Court St
				NE, Salem, Oregon 97301. The request must state the reason for your
				disagreement with the proposed determination order, and your interest in this
				matter."
(3) If a hearing
			 is not requested within the time allowed, the proposed determination order
			 shall become the final decision of the Department.
(4) Upon receipt of a request for a hearing,
			 the administrator shall conduct or shall appoint a hearing officer to conduct a
			 hearing on the matter.
(5) The
			 party requesting the hearing and all persons or entities mentioned in section
			 (2) of this rule shall be notified in writing of the time, place and purpose of
			 the hearing and informed of the rights of a party under ORS
			 183.413. A copy of the request
			 for hearing shall also be provided. The notice shall be mailed certified mail,
			 return receipt requested, not less than ten days before the date of the
			 hearing.
(6) The hearing shall be
			 conducted as a contested case in accordance with ORS Chapter 183 and the
			 Attorney General's Model Rules of Procedure.
(7) Whenever the administrator determines
			 that a substantial danger exists that proceeds paid or owing to a person
			 charged with or convicted of a crime pursuant to a contract which may be
			 subject to the provisions of ORS
			 147.275, may be concealed,
			 wasted, converted, assigned, encumbered, disposed of, or removed from the
			 state, prior to a final decision of the Department on the applicability of the
			 statute to the contract; or where a necessary party to the determination cannot
			 be served with notice of the Department's proposed determination order despite
			 diligent efforts to do so; the administrator may issue an emergency
			 determination on behalf of the Department providing for the turning over of
			 such proceeds to the Department, pending the outcome of a hearing, if
			 requested, and a final decision by the Department.
Stat. Auth.: ORS 147
Stats. Implemented: ORS
				  147.275