75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 425
 
                           A-Engrossed
 
                         House Bill 2127
                  Ordered by the House April 6
            Including House Amendments dated April 6
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for Department of Human Services)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Permits Department of Human Services to serve contested case
notice by regular mail. Allows contested case notice served by
department to become final order if specified criteria are met.
 
                        A BILL FOR AN ACT
Relating to notices in contested cases.
Be It Enacted by the People of the State of Oregon:
  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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