Oregon Administrative Rules Chapter 137 - DEPARTMENT OF JUSTICE
Chapter 137 of the Oregon Administrative Rules (OAR) is dedicated to the Department of Justice. This chapter is quite extensive and covers a wide range of rules and procedures that the Oregon Department of Justice (DOJ) follows and that are often adopted by other state agencies.
Here's a breakdown of some of the key areas you'll find in OAR Chapter 137:
I. Model Rules (often adopted by other agencies):
Division 1: Model Rules for Rulemaking: These rules provide a standardized framework for how state agencies in Oregon propose, adopt, amend, and repeal administrative rules.
Division 2: Model Rules for Agency Declaratory Rulings: These set out procedures for how agencies respond to requests for declaratory rulings on the applicability of statutes, rules, or orders.
Division 3: Model Rules of Procedure for Contested Cases: This is a very significant division, outlining the formal procedures for administrative hearings (contested cases) before state agencies. It covers topics like:
Applicability of rules
Notice requirements
Rights of parties
Discovery procedures
Motions (including summary determination)
Conduct of hearings (evidentiary rules, telephone hearings)
Issuance of proposed and final orders
Reconsideration and rehearings
Division 4: Miscellaneous, Orders in Other Than Contested Cases: Rules for agency actions that don't fall under the formal contested case procedures.
Division 5: Collaborative Dispute Resolution Model Rules: Guidelines for agencies to use collaborative dispute resolution processes in various administrative contexts, including rulemaking and contested cases.
II. Department of Justice Specific Rules:
Division 7: Criminal Records Check and Fitness Determination Rules: These rules govern the Department of Justice's procedures for conducting criminal background checks and determining the fitness of individuals for employment, volunteering, or contracting with the DOJ. This includes defining relevant crimes and the appeal process for fitness determinations.
Division 10: General Charitable Organization Registration and Reporting Requirements: Rules related to the registration and reporting requirements for charitable organizations operating in Oregon.
Division 15: Nonprofit Hospital Conversion: Rules pertaining to the process and requirements when a nonprofit hospital converts to a for-profit entity.
Division 20: Misleading Price Representations: Rules aimed at preventing misleading advertising and pricing practices.
Division 25: Bingo/Raffles/Monte Carlo: Regulations for charitable gaming activities.
Divisions 45-49: Public Contracting Model Rules: These divisions contain model rules for state agencies regarding public procurement, including general provisions, procurement for goods or services, architectural and engineering services, and construction services. While these are "model rules," the DOJ administers and updates them, and state agencies often adopt them in whole or in part.
Division 50: Child Support Guideline Rules: Detailed rules for calculating child support obligations in Oregon.
Division 55: Oregon Child Support Program: Rules governing the administration of the state's child support program.
Division 60: Notice of Garnishment Model Forms: Provides standardized forms for garnishment actions.
Divisions related to Crime Victims' Services (e.g., 65, 76, 78, 79, 80, 81, 82, 83, 84, 85, 86): These cover a wide array of programs and services for crime victims, including:
Bias Crime Victims Reporting and Referral
Crime Victims' Compensation
Crime Victims' Assistance
Address Confidentiality Program
Hope Card Program
Child Abuse Multidisciplinary Intervention Account and Assessment Centers
Sexual Assault Victims' Emergency Medical Response Fund
Division 90: Criminal Intelligence Unit: Rules concerning the operation of the Criminal Intelligence Unit.
Division 95: Model Guidelines for Prosecution of Environmental Crimes.
Division 100: Satisfaction of Judgments.
Division 105: Non-Participating Manufacturers (related to tobacco settlement).
Divisions 110 & 120: Oregon Foreclosure Avoidance Program and Notices.
In essence, OAR Chapter 137 is a critical resource for understanding administrative law and procedure in Oregon, as well as the specific functions and regulations overseen by the Oregon Department of Justice. For precise details, always refer to the official and most current version of the Oregon Administrative Rules.
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