ESTABLISH ORDER
CS 1373P Children in Care (CIC)
Administrative Hearing Order
2/99 Revised 08/12/16 Training Completed 03/31/15 Last Reviewed
12/02/24
NOTE: CIC-specific procedures contained in this section.
Introduction
If an obligor requests an Administrative Hearing, the obligor must
attend a Preliminary Conference with the 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 OAH and
do not submit the case for a Preliminary Conference. (For more information regarding preliminary
conferences, see CS 370P Administrative Hearing Request and Preliminary
Conference.) If the case is forwarded to
OAH, an Administrative Hearing Officer (AHO) or Administrative Law Judge (ALJ) will
issue an order on the case. The order
will be one of the following types in subsections “Findings and Order,” “Default
Judgement and Order,” or “Stipulation Judgement and Order” below.
After the Administrative Hearing is held, the AHO or ALJ from OAH
will issue a signed order in writing stating the following:
1. The decision. Beginning April 2002 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; and,
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/her own expense, may request a copy of the tape
from OAH record of the hearing subject to any restrictions that the agency is
permitted by statute to protect confidential information disclosed at the
hearing.
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.
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 ALJ.
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.