2017 ORS 416.427¹
Hearings procedure
  • parties
  • enforcement of order
  • appeal of order

(1) When a party requests a hearing pursuant to ORS 416.415 (Notice and finding of financial responsibility), 416.416 (Modification of order based on change in physical custody), 416.417 (When order of support contingent on child residing in state financed or supported residence), 416.425 (Motions to modify financial responsibility orders) (1) or 416.429 (Notice of intent to establish and enforce arrearages), the contested case provisions of ORS chapter 183 apply except as provided in subsection (6) of this section.

(2) Except as provided in ORS 416.430 (Establishing paternity of child), hearings shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings.

(3) The administrative law judge may issue subpoenas for witnesses necessary to develop a full record. The attorney of record for the office of the Division of Child Support or the office of the district attorney may issue subpoenas. Witnesses appearing pursuant to subpoena, other than parties or officers or employees of the administrator, shall receive fees and mileage as prescribed by law for witnesses in ORS 44.415 (Fees and mileage of witnesses) (2). Obedience to the subpoena may be compelled in the same manner as set out in ORS 183.440 (Subpoenas in contested cases) (2).

(4) Upon issuance of an order, action by the administrator to enforce and collect upon the order, including arrearages, may be taken. Action by the administrator may not be stayed or partially stayed pending appeal or by any court unless there is substantial evidence showing that the obligor would be irreparably harmed and that the obligee would not be irreparably harmed.

(5) An order issued by the administrative law judge or the administrator is final. The order shall be in full force and effect while any appeal is pending unless the order is stayed by a court. A court may not grant a stay unless there is substantial evidence showing the obligor would be irreparably harmed and that the obligee would not be irreparably harmed.

(6) Appeal of the order of the administrative law judge or any default or consent order entered by the administrator pursuant to ORS 416.400 (Definitions for ORS 416.400 to 416.465) to 416.465 (Relief from compliance with order) may be taken to the circuit court of the county in which the order has been entered pursuant to ORS 416.440 (Filing order with court) for a hearing de novo. The appeal shall be by petition for review filed within 60 days after the order has been entered pursuant to ORS 416.440 (Filing order with court). Unless otherwise specifically provided by law, the appeal shall be conducted pursuant to the Oregon Rules of Civil Procedure.

(7) The obligor, the obligee and the state are parties to any proceedings, including appeals, under this section. [1985 c.671 §35; 1989 c.566 §3; 1989 c.980 §13a; 1993 c.596 §34; 1995 c.608 §6; 1999 c.849 §§78,79; 2003 c.75 §34; 2003 c.576 §§209,210; 2005 c.560 §14; 2009 c.353 §3]

Notes of Decisions

DHR could not require custodial parent to reimburse for public assistance provided mi­nor child where child left parent’s home without permission and without cause. Depart­ment of Human Resources v. McGraw, 68 Or App 834, 683 P2d 154 (1984), Sup Ct review denied

Law Review Cita­tions

69 OLR 692 (1990)

1 Legislative Counsel Committee, CHAPTER 416—Recovery of Aid and Child Support, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors416.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 416, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano416.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.