ESTABLISH ORDER

CS 1373P CIC Administrative Hearing Order

2/99 Revised 07/22/03

 

NOTE: CIC-specific procedures contained in this section.

 

If an obligor requests an Administrative Hearing, the obligor must attend a Preliminary Conference with the Program Presiding Officer before the case is forwarded to the Office of Administrative Hearings (OAH).  If the obligor has received or is receiving adoption assistance for the child in care, forward the case directly to the OAH and do not submit the case for a Preliminary Conference.  If the case is forwarded to OAH, an Administrative Hearing Officer (AHO) will issue an order on the case. 

 

Findings and Order

 

After the Administrative Hearing is held, the ALJ from OAH will issue a signed order in writing stating the following:

 

1.         The decision.  Beginning April 2002, the OAH will begin rounding child support awards for the child in care to the nearest dollar.

2.         The reasons for the decision.

3.         Notice of the Respondent's right to request reconsideration and subsequent right to judicial review.

4.         The time limits for filing a request for reconsideration or judicial review.

5.         The order will be based on the facts in the record and on all facts presented at the hearing.

 

A COPY OF THE ORDER WILL BE MAILED BY REGULAR MAIL TO BOTH PARTIES.

 

Hearings in informal proceedings may be recorded. If the hearing is recorded, any party at his own expense, may request a copy of the tape from the OAH record of the hearing subject to any restrictions that the agency is permitted by statute to protect confidential information disclosed at the hearing.

 

Default Judgment and Order

 

If an obligor requests a hearing and fails to attend or moves and fails to inform the agency so that a Notice of Hearing cannot be delivered, the case will be in Default.

 

The OAH will issue a Default Judgment and Order and will make an order based on the record and any additional information from ORS (beginning April 2002, OAH will begin rounding child support awards for the child in care to the nearest dollar). The representative from ORS may have to proffer the evidence before the Administrative Law Judge.

 

Stipulation Judgment and Order

 

If an obligor requests an Administrative Hearing and comes to a verbal agreement with the Presiding Officer from ORS during the hearing, the ALJ may issue a Stipulation Judgment and Order based on the agreement made between the obligor and the ORS Presiding Officer.

 

The ALJ will mail a copy of the order to both parties.