OAR 137-079-0150
Certification Process for Program Participation
(1)
When an application received by the Program is determined to be complete and the information it contains is in compliance with Program requirements and the application is approved by the Attorney General or designee, the Program shall promptly certify the applicant to the Program.(2)
As soon as an applicant is certified as a Program participant, the Program shall assign a substitute address in compliance with ORS 192.822 (Address Confidentiality Program)(2) and shall:(a)
Notify the Program participant of that address, as well as the requirements for its use;(b)
Provide the Program participant with the authorization card described in ORS 192.826 (Application for participation in program)(5); and(c)
Notify the Program participant of any additional information that will enable the Program participant to fully participate in the Program.(3)
Per ORS 192.826 (Application for participation in program)(6), the term of certification of a Program participant to the Program shall be for a period of four (4) years.(4)
A Program participant may renew the certification by filing an application for renewal with the Program at least thirty (30) days prior to the expiration of the current certification. No later than sixty (60) days prior to the expiration of the current certification, the Administrative Coordinator shall send the Program participant the information and materials needed in order to file the application for renewal, as well as the date by which the application must be filed. The application for renewal shall contain all the information required by ORS 192.826 (Application for participation in program). For purposes of a renewal of certification, the evidence required to be included in the application by ORS 192.826 (Application for participation in program)(3)(b) may consist of a statement by the Program participant that the information included in the original application remains materially unchanged and therefore the Program participant continues to need the services provided by the Program. The Administrative Coordinator may waive the thirty (30) day requirement described in this paragraph if the Administrative Coordinator determines that the reason for waiving the requirement serves the purpose of the Program.(5)
If the term of certification described in paragraph 3 of this section has ended and the Program participant has not filed an application for renewal of certification, the Program shall cancel the certification.(6)
A Program participant’s certification may be cancelled at the request of the participant. The request must be in writing and signed by the participant. The signature shall be notarized by a notary public or witnessed by a currently certified Application Assistant. The cancellation shall be considered effective the next business day after the request is received by the Program. The Program shall immediately confirm this cancellation in writing and shall inform the Program participant that all Program services have been discontinued. The Program will return all mail received, indicating that the addressee is no longer at the Program address.(7)
In addition to the cancellation described in paragraph 5 of this section, a Program participant’s certification shall be cancelled by the Program:(a)
When the Program participant has obtained a legal name change;(b)
When the Program participant has violated statutory or Program requirements; or(c)
When mail forwarded to the Program participant is returned to the Program as undeliverable.(8)
When certification is cancelled pursuant to (7)(a) of this section, prior to cancellation, the Administrative Coordinator shall notify the Program participant that the Program participant may apply for certification under the new legal name, as described in section 137-079-0160 (Ongoing Program Participation)(1) of these rules.(9)
When certification is cancelled by the Program for any reason, the Administrative Coordinator shall send a written notice of the cancellation to the Program participant. The notice shall specify the reason(s) for cancellation and 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 cancellation. 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 certification should not be cancelled;(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.(10)
When certification is cancelled by the Program pursuant to paragraph (7)(a) or (7)(b) of this section, the written notice described in paragraph 9 of this section shall state, in addition to the information specified in paragraph (9)(a)–(c), that the Program will continue to forward mail to the Program participant for thirty (30) days after the date of the notice if no appeal is received or, if an appeal is received within thirty (30) days, until the appeal is resolved.(11)
When certification is cancelled by the Program pursuant to paragraph 7(c) of this section, the written notice described in paragraph 9 of this section shall state, in addition to the information specified in paragraph (9)(a)–(c), that all Program services have been discontinued and that the Program will return mail received for the Program participant to the Post Office to return to the sender.(12)
If the Department fails to receive sufficient funding to allow the Program to operate, the Department shall notify each currently certified Program participant that the Program is no longer able to receive and forward the Program participant’s mail and is canceling the Program participant’s participation in the Program. The notice shall specify a reasonable amount of time, no less than 30 days, during which the Program will continue to receive and forward the Program participant’s mail, and in which the Program participant must establish a new address and inform other agencies of change of address. If, after sending such notice, the Department receives funding to allow the Program to resume, the Department shall notify each Program participant whose certification was cancelled due to lack of funding, and shall describe the process for recertification.(13)
When certification is cancelled for any reason, and in addition to information described in paragraphs (2)–(11) of this section, the Program shall send the Program participant information instructing the Program participant:(a)
To return the authorization card to the Program immediately; and(b)
To notify persons and public bodies using the substitute address as the address of the Program participant that the substitute address is no longer valid for the Program participant. The instruction shall include the information that it is the Program participant’s responsibility to provide public bodies and others with the Program participant’s new address.
Source:
Rule 137-079-0150 — Certification Process for Program Participation, https://secure.sos.state.or.us/oard/view.action?ruleNumber=137-079-0150.