Information on past due support to consumer reporting agencies
- • rules
(1) As used in this section, "consumer reporting agency" means any person that, for monetary fees or dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and that uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.
(2)(a) Notwithstanding any other law, and subject to rules established by the Department of Justice, for cases in which there is past due support, the department shall:
(A) Report periodically to consumer reporting agencies the name of any obligor who is delinquent in the payment of support and the amount owed by the obligor; and
(B) Otherwise make available to a consumer reporting agency upon its request information regarding the amount of past due support owed by an obligor.
(b) The department shall provide advance notice to both the obligor and the obligee concerning the proposed reporting of information to the consumer reporting agencies. The notice must inform both parties:
(A) Of the amount of the past due support the department will report to the consumer reporting agencies;
(B) That the department will continue to report the past due support amount owed without sending additional notice to the parties;
(C) Of the obligor’s right to request an administrative review within 30 days after the date of the notice; and
(D) Of the issues that may be considered on review.
(c) If an obligor requests an administrative review, the department may not report the past due support amount until the review is complete.
(d) A party may appeal a decision from the administrative review under ORS 183.484 (Jurisdiction for review of orders other than contested cases). An appeal of the decision does not stay the department from making reports to consumer reporting agencies.
(3)(a) If paternity has been established and a consumer report is needed for the purpose of establishing or modifying a child support order, the administrator may request that a consumer reporting agency provide a report.
(b) At least 10 days prior to making a request under paragraph (a) of this subsection, the administrator shall notify the obligor or obligee whose report is requested, by certified or registered mail, that the report will be requested.
(4) The department shall report information under subsection (2) of this section only to a person that has furnished evidence satisfactory to the department that the person is a consumer reporting agency.
(5) When the department has made a report to a consumer reporting agency under subsection (2) of this section, the department shall promptly notify the consumer reporting agency when the department’s records show that the obligor no longer owes past due support. [1985 c.671 §§45,46; 1993 c.596 §14; 1997 c.704 §35; 1999 c.80 §66; 2003 c.73 §38; 2005 c.560 §6]
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