(1)For the purposes of ORS 147.145 (Review of order), adult applicants shall have 90 days from the date of the initial determination order to request reconsideration by the Department. The request must be made in writing to the Department. If the request for reconsideration is made more than 90 days after the determination order, the Department may consider whether there is good cause to grant an extension of the deadline. No good cause extensions will be considered after three years have passed from the date of the initial determination order. The following events may constitute good cause for failure to submit a request for reconsideration within 90 days:
(a)Law enforcement identified new relevant evidence regarding the criminal incident;
(b)Physical or mental trauma rendered the applicant unable to submit the request for reconsideration within the 90-day period;
(c)The applicant notified the Department of any changes in the applicant’s mailing address, but did not receive the Department’s initial determination order, and the applicant provides documentation that the Department did not properly mail the initial determination order.
(2)The 90-day deadline for submitting a request for reconsideration does not apply to applicants under age 18. In order to be considered, a request for reconsideration from an applicant under the age of 18 must be received by the Department within three years of the initial determination order or before the applicant’s 21st birthday, whichever occurs later.
Rule 137-076-0056 — Reconsideration Requests,