OAR 137-079-0140
Application Process
(1)
The Program shall create an Address Confidentiality Program Application that includes the requirements set forth in ORS 192.826 (Application for participation in program), as well as the address to which the application must be sent. The Program shall make copies of the application available to all currently designated Application Assistants, along with instructions as to how the application must be submitted. The Program shall make copies of the application available to others at the discretion of the Administrative Coordinator and in compliance with the requirements of these rules and 192.826 (Application for participation in program).(2)
In addition to the requirements set forth in ORS 192.826 (Application for participation in program), the Address Confidentiality Program Application and/or accompanying written materials provided to the applicant as part of the application process shall:(a)
Specify the term of certification to the Program as described in section 137-079-0150 (Certification Process for Program Participation)(3);(b)
Specify any other rights and obligations of a Program participant pursuant to ORS 192.820 (Definitions for ORS 192.820 to 192.868)–192.868 (Grants, donations and gifts); and(c)
Inform the applicant that participation in the Program will cause a delay in the receipt of mail sent to the Program substitute address and forwarded to the Program participant by the Program.(3)
“Other forms of evidence” as described in ORS 192.826 (Application for participation in program)(3)(b)(D) include any written or oral evidence from which an Application Assistant can reasonably conclude that the applicant is a victim of domestic violence, stalking or a sexual offense within the meaning of ORS 192.820 (Definitions for ORS 192.820 to 192.868)(8)–(10).(4)
The evidence required to be contained by the application by ORS 192.826 (Application for participation in program)(3)(b) shall consist of a statement by the Application Assistant that the Application Assistant has reviewed and considered evidence that meets the requirements of 192.826 (Application for participation in program) and paragraph 3 of this section.(5)
The Program shall review every application it receives for completeness. If an application is received by the Program that is incomplete and therefore cannot be certified, the Administrative Coordinator shall make reasonable efforts to remedy the incompletion. If the application is unable to be completed within thirty (30) days of receipt by the Program, the Administrative Coordinator shall notify the applicant that the application has been denied, and that the applicant may submit a new, complete application to the Program at any time. The Administrative Coordinator may exercise discretion and extend the thirty (30) day period for a reasonable amount of time if the Administrative Coordinator determines that such extension serves the purpose of the Program.(6)
When an application is denied by the Department for any reason, the Administrative Coordinator shall inform the applicant in writing that the application has been denied and the reason for the denial. The notice shall state that the Program participant has thirty (30) days from the date of the notice in which to submit to the Program an appeal of the denial and shall provide the address to which the appeal must be sent. The notice shall specify:(a)
That the appeal must be in writing, signed by the Program participant, and must include information as to why the application should be approved;(b)
That the appeal will be reviewed by the Attorney General or designee and determined within five (5) business days of receipt by the Program;(c)
That the applicant will be notified in writing of the determination; and(d)
That the decision of the Attorney General or designee is final.
Source:
Rule 137-079-0140 — Application Process, https://secure.sos.state.or.us/oard/view.action?ruleNumber=137-079-0140.