75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
HA to HB 2127
 
LC 425/HB 2127-2
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2127
 
                    By COMMITTEE ON JUDICIARY
 
                             April 6
 
  Delete lines 4 through 16 of the printed bill and insert:
  '  { +  SECTION 1. + }  { + (1) The Department of Human
Services may serve a notice described in ORS 183.415 by regular
mail. The legal presumption described in ORS 40.135 (1)(q) does
not apply to a notice that is served by regular mail under this
section.
  ' (2) Except as provided in subsection (3) of this section, a
contested case notice served in accordance with subsection (1) of
this section that complies with ORS 183.415 but for service by
regular mail becomes a final order against a party and is not
subject to ORS 183.470 (2), upon the earlier of the following:
  ' (a) If the party fails to request a hearing, the day after
the date prescribed in the notice as the deadline for requesting
a hearing.
  ' (b) The date the department or the Office of Administrative
Hearings mails an order dismissing a hearing request because:
  ' (A) The party withdraws the request for hearing; or
  ' (B) Neither the party nor the party's representative appears
on the date and at the time set for hearing.
  ' (3) The department shall prescribe by rule a period of not
less than 60 days after a notice becomes a final order under
subsection (2) of this section within which a party may request a
hearing under this subsection. If a party requests a hearing
within the period prescribed under this subsection, the
department shall do one of the following:
  ' (a) If the department finds that the party did not receive
the written notice and did not have actual knowledge of the
notice, refer the request for hearing to the Office of
Administrative Hearings for a contested case proceeding on the
merits of the department's intended action described in the
notice.
  ' (b) Refer the request for hearing to the Office of
Administrative Hearings for a contested case proceeding to
determine whether the party received the written notice or had
actual knowledge of the notice. The department must show that the
party had actual knowledge of the notice or that the department
mailed the notice to the party's correct address.
  ' (4) If a party informs the department that the party did not
receive a notice served by regular mail in accordance with
subsection (1) of this section, the department shall advise the
party of the right to request a hearing under subsection (3) of
this section. + } ' .
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