OAR 137-055-2170
Use of Lay Representatives at Administrative Hearings
(1)
As used in this rule “lay representative” means a representative of the Child Support Program (CSP) who is not employed as an attorney.(2)
Subject to the approval of the Attorney General, lay representatives of the Child Support Program are authorized to appear on behalf of the CSP in the following types of administrative hearings conducted by the Office of Administrative Hearings:(a)
Administrative child support adjudications pursuant to ORS 25.287 (Proceedings to modify orders to comply with formula), 25.511 (Notice and finding of financial responsibility), 25.513 (Hearings procedure), 25.517 (When order of support contingent on child residing in state financed or supported residence), 25.525 (Modification of order based on change in physical custody) and 25.527 (Motions to modify financial responsibility orders);(b)
Hearings regarding state income tax intercepts pursuant to ORS 25.610 (Procedure to collect support orders from state tax refunds) and 293.250 (Collections Unit);(c)
Hearings regarding the suspension of occupational and driver licenses, certificates, permits and registrations pursuant to ORS 25.765 (Procedure if obligor contacts administrator within time limits);(d)
Hearings regarding credit for direct payments pursuant to ORS 25.020 (When support payment to be made to Department of Justice);(e)
Hearings regarding overpayments pursuant to ORS 25.125 (Disposition of support obligation overpayments).(f)
Hearings regarding the state’s satisfaction of a support award pursuant to OAR 137-055-5220 (Satisfaction of Support Awards);(g)
Hearings regarding suspension of support pursuant to ORS 25.245 (Rebuttable presumption of inability to pay child support when parent receiving certain assistance payments);(h)
Hearings regarding the establishment of arrears pursuant to ORS 25.540 (Notice of intent to establish and enforce arrearages);(i)
Hearings regarding physical custody determinations for purposes of joining a party pursuant to ORS 25.503 (Parties to support proceedings) and OAR 137-055-3500 (Joinder of a New Party to a Child Support Proceeding);(j)
Hearings regarding credit for lump sum Social Security/Veterans payments pursuant to ORS 25.275 (Formula for determining child support awards) and OAR 137-055-5520 (Request for Credit Against Child Support Arrears for Social Security or Veterans’ Benefits Paid Retroactively on Behalf of a Child).(k)
Hearings regarding the amount of assigned arrears pursuant to OAR 137-055-6040 (Right to Hearing to Contest Amount of Assigned Support).(3)
The lay representative may not make legal argument on behalf of the CSP.(a)
“Legal argument” includes arguments on:(A)
The jurisdiction of the CSP to hear the contested case;(B)
The constitutionality of a statute or rule or the application of a constitutional requirement to the CSP; and(C)
The application of court precedent to the facts of the particular contested case proceeding.(b)
As used in this rule, “legal argument” does not include presentation of motions, evidence, examination and cross-examination of witnesses or presentation of factual arguments or arguments on:(A)
The application of the statutes or rules to the facts in the contested case;(B)
Comparison of prior actions of the CSP in handling similar situations;(C)
The literal meaning of the statutes or rules directly applicable to the issues in the contested case;(D)
The admissibility of evidence;(E)
The correctness of procedures being followed in the contested case.(4)
Lay representatives must read and be familiar with the Code of Conduct for Non-Attorney Representatives at Administrative Hearings, which is maintained by the Oregon Department of Justice and available on its website at: http://www.doj.state.or.us.
Source:
Rule 137-055-2170 — Use of Lay Representatives at Administrative Hearings, https://secure.sos.state.or.us/oard/view.action?ruleNumber=137-055-2170
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