Or. Admin. Code § 137-079-0140

Current through Register Vol. 63, No. 11, November 1, 2024

Section 137-079-0140 - Application Process for the Address Confidentiality Program

(1) The Program shall create an ACP Application form that includes the requirements set forth in ORS 192.826, as well as the address to which the application must be sent. The Program shall make copies of the application available to all currently designated Application Assistants, along with instructions as to how the application must be submitted in compliance with ORS 192.826.

(2) In addition to including the requirements set forth in ORS 192.826, the ACP Application and accompanying written materials provided to the applicant as part of the application process shall:

(a) Specify the term of certification to the Program as described in OAR 137-079-0150(3);

(b) Specify any other rights and obligations of a Program participant pursuant to ORS 192.820-192.868; and

(c) Inform the applicant that participation in the Program will cause a delay in the receipt of mail sent to the Program substitute address and forwarded to the Program participant by the Program.

(3) "Other forms of evidence" as described in ORS 192.826(3)(b)(D) includes any written or oral evidence from which an Application Assistant can reasonably conclude that the applicant is a victim of domestic violence, stalking, human trafficking or a sexual offense within the meaning of ORS 192.820(8)-(11).

(4) To comply with ORS 192.826(3)(b), the application shall also consist of a statement by the Application Assistant that the Application Assistant has reviewed and considered evidence that meets the requirements of ORS 192.826 and paragraph 3 of this section and has determined that they can reasonably conclude the applicant has met the criteria.

(5) The Program shall review every application it receives for completeness. If an application is received by the Program that is incomplete and therefore cannot be certified, the Administrative Coordinator shall make reasonable efforts to contact the Application Assistant and/or applicant to assist in completing the application. If the application is not completed within thirty (30) days of receipt by the Program, the Administrative Coordinator shall notify the applicant that the application has been denied, and that the applicant may submit a new, complete application to the Program at any time. The Administrative Coordinator may exercise discretion and extend the thirty (30) day period for a reasonable amount of time if the Administrative Coordinator determines that such extension serves the purpose of the Program.

(6) When an application is denied by the Department for any reason, the Administrative Coordinator shall inform the applicant in writing that the application has been denied and the reason for the denial. The notice shall state that the applicant has thirty (30) days from the date of the notice in which to submit to the Program an appeal of the denial and the Program shall provide the address to which the appeal must be sent. The notice shall specify:

(a) That the appeal must be in writing, signed by the applicant, and must include information and an explanation as to why the application should be approved;

(b) That the appeal will be reviewed by the Attorney General or designee and a determination will be made within five (5) business days of receipt of the appeal by the Program;

(c) That the applicant will be notified in writing of the determination; and

(d) That the decision of the Attorney General or designee is final.

Or. Admin. Code § 137-079-0140

DOJ 4-2007, f. 4-12-07, cert. ef. 4-16-07; DOJ 8-2022, amend filed 06/13/2022, effective 6/13/2022

Statutory/Other Authority: ORS 192.860, 2005 OL, Ch. 821 & SB 850

Statutes/Other Implemented: ORS 192.820-192.868, 2005 OL, Ch. 821 & SB 850