Chapter 400
AN ACT
HB 2093
Relating to stays of proceedings; creating new provisions; and amending
ORS 399.238.
Be It Enacted by the People of
the State of
SECTION 1.
ORS 399.238 is amended to read:
399.238. (1) As used in
this section, “service member” means:
(a) A member of the
organized militia who is called into active service of the state by the
Governor under ORS 399.065 (1).[for
30 or more consecutive days.]
(b) A member of the
Oregon National Guard who is called into active [federal] service outside this state under Title 10 or
Title 32 of the United States Code.
(c) A member of the
(2) A service member
may, while in active service or active state duty or within six months
after that service or duty ends, apply to a court or an
administrative body:
(a) For relief with
respect to any obligation or liability incurred by the member before the period
of active service or active state duty began. The court or
administrative body, after appropriate notice and hearing, may grant relief
unless the court or administrative body determines that the ability of
the member to comply with the terms of the obligation or liability has not been
materially affected by active service or active state duty.
(b) For a stay of a
civil [judicial] or administrative
proceeding in which the service member is a party. The court or
administrative body, after appropriate notice, shall grant the stay unless
the court or administrative body determines that the ability of the
service member to [represent the
interests of the service member are] appear is not materially
affected by active service or active state duty.
(3) The court or
administrative body may not charge or collect any fee from a service member
who applies to the court or administrative body for relief under this
section.
(4) An application filed
under this section may not be deemed as consent to [the] jurisdiction [of any
court of this state] in any action or proceeding.
SECTION 2. (1)
Except as provided in subsection (2) of this section, the amendments to ORS
399.238 by section 1 of this 2007 Act apply to administrative proceedings
commenced before, on or after the effective date of this 2007 Act.
(2) The amendments to
ORS 399.238 by section 1 of this 2007 Act do not apply to any proceeding in
which a final order has been entered after all opportunity for administrative
review has been exhausted.
Approved by the Governor June 13, 2007
Filed in the office of Secretary of State June 13, 2007
Effective date January 1, 2008
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