(2) Except as provided in ORS 25.550, 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 (2). Obedience to the subpoena may be compelled in the same manner as set out in ORS 183.440 (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 25.501 to 25.556 may be taken to the circuit court of the county in which the order has been entered pursuant to ORS 25.529 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 25.529. 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. [Formerly 416.427]
Note: See note under 25.501.
Structure 2021 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Chapter 025 - Support Enforcement
Section 25.010 - Definitions for support enforcement laws.
Section 25.011 - "Address" defined.
Section 25.015 - When payment on support order begins; determining; notification of date.
Section 25.025 - Annual notice to parties receiving services under ORS 25.020.
Section 25.030 - When payment payable to bank account or escrow agent.
Section 25.075 - Cooperative agreements with Indian tribes or tribal organizations.
Section 25.081 - Access to records with Social Security number.
Section 25.082 - Administrative subpoenas; civil penalty; rules.
Section 25.083 - High-volume automated administrative enforcement services.
Section 25.085 - Service on obligee; methods.
Section 25.089 - Enforcement and modification of child support judgments.
Section 25.091 - Multiple child support judgments.
Section 25.095 - Later-issued child support judgment.
Section 25.100 - Designation of auxiliary court in county where party resides or property located.
Section 25.110 - Jurisdiction of designated auxiliary court.
Section 25.130 - Election of alternative support payment method; termination of election.
Section 25.160 - Referral of support cases to department; duration of collection services.
Section 25.164 - Payment of support through Department of Justice; application.
Section 25.165 - Application of support payments; rules.
Section 25.166 - Support payment due dates.
Section 25.167 - Procedure for determining arrearages.
Section 25.180 - Examination of obligor’s financial circumstances.
Section 25.200 - Arrest of obligor for failure to appear.
Section 25.260 - Confidentiality of records; rules.
Section 25.265 - Access to information in Federal Parent Locator Service; rules.
Section 25.270 - Legislative findings.
Section 25.280 - Formula amount presumed correct; rebuttal of presumption; criteria.
Section 25.290 - Determining disposable income of obligor; offsets; rules.
Section 25.321 - Definitions for ORS 25.321 to 25.343.
Section 25.323 - Medical support.
Section 25.325 - Enforcing medical support; form of notice; rules.
Section 25.327 - Service of medical support notice.
Section 25.329 - Actions required after service of medical support notice; rules.
Section 25.331 - Obligation to withhold.
Section 25.333 - Contesting medical support notice.
Section 25.378 - Payment of support by income withholding; initiation of income withholding.
Section 25.381 - Establishing income withholding as method of paying support; records.
Section 25.384 - Statement on withholding in support order.
Section 25.396 - Exception to withholding; termination of withholding; rules.
Section 25.399 - Notice of order to withhold; contents of notice.
Section 25.402 - Service of order on withholder; contents.
Section 25.405 - Contesting order to withhold; basis.
Section 25.411 - When withholding begins; payment to Department of Justice or obligee.
Section 25.414 - Standard amount to be withheld; processing fee; rules.
Section 25.501 - Definitions for ORS 25.501 to 25.556.
Section 25.503 - Parties to support proceedings; notice.
Section 25.505 - Authority of administrator and administrative law judge; rules.
Section 25.507 - Tribunals for establishment of paternity or for child support order.
Section 25.511 - Notice and finding of financial responsibility; request for hearing; order.
Section 25.513 - Hearings procedure; parties; enforcement of order; appeal of order.
Section 25.515 - Past support; consolidation in court proceeding.
Section 25.525 - Modification of order based on change in physical custody.
Section 25.529 - Filing order with court; order effective as circuit court judgment.
Section 25.531 - Multiple child support judgments.
Section 25.533 - Relief from compliance with order.
Section 25.540 - Notice of intent to establish and enforce arrearages; request for hearing; order.
Section 25.542 - Preventing transfer of assets to evade compliance with order.
Section 25.550 - Establishing paternity of child; certification of paternity issue to circuit court.
Section 25.552 - Certification of paternity issue to circuit or juvenile court; trial.
Section 25.554 - Reopening issue of paternity; order.
Section 25.556 - Expeditious court hearings.
Section 25.575 - Definitions for ORS 25.575 to 25.577.
Section 25.576 - Order for support of adjudicated youth or other offender.
Section 25.577 - Youth authority may enter into agreements for support enforcement services.
Section 25.620 - Procedures to collect past due support from state tax refunds; fees.
Section 25.625 - Federal tax offset; passport denial; rules.
Section 25.640 - Definitions for ORS 25.643 and 25.646.
Section 25.646 - Disclosure of financial records of customers by financial institutions; liability.
Section 25.650 - Information on past due support to consumer reporting agencies; rules.
Section 25.670 - Judgment lien on personal property.
Section 25.680 - Effect of lien; priority.
Section 25.710 - Duty of district attorney.
Section 25.715 - Child support paid from security deposit.
Section 25.720 - When support assignable.
Section 25.725 - Child Support Deposit Fund.
Section 25.756 - Identifying persons holding licenses, certificates, permits and registrations.
Section 25.759 - Notice to persons subject to suspension; contents.
Section 25.765 - Procedure if obligor contacts administrator within time limits; hearing.
Section 25.780 - Other licenses, certificates, permits and registrations subject to suspension.
Section 25.785 - Issuing entities to require Social Security number.
Section 25.790 - Hiring or rehiring individual; report required; contents.
Section 25.793 - Disclosure of employer-reported information.
Section 25.794 - Verification of employment; information about compensation and benefits; rules.