Hearing De Novo?

[Eeyore]

Q:  Wouldn't #3 supercede #5; or will there be a hearing de novo??

Summary:

1.  DA processed child support modification, Sept 2003, and Petitioner appealed the DA's decision to the Admin Law Judge.  A Telephone hearing took place in April 2004.  

2. Decision from Admin Law Judge was sent to parties 6/3/04; 60 day time frame to appeal decision.  In the Hearing decision it states there is 60 days to appeal the decision and may be filed only with the circuit court.  It says that there will then be a hearing de novo.

3. Both parties  received an "Order Approving Admin Order" from the Circuit Court dated 6/23/04.  It states that the " Matter came before the circuit court and was found that the administrative c/s order complied with the formula established by ORS Chpt 25."  Order stated that the admin order is approved by the circuit court and the judge signed the order on 6/23/04

4.  Order was docketed 7/7/04

5. 7/21 Respondent filed an appeal with the circuit court stating  'Comes now respondent who appeals the admin order modifiying child support.'
 

[socrateaser]

>Q:  Wouldn't #3 supercede #5; or will there be a hearing de
>novo??
>

An appeal of an administrative law decision may be made to a circuit court by either party within 60 days of the admin's decision. Respondent should have received a copy of the appeal, and if he/she believed that there were other grounds for appeal, then he/she should have raised them prior to the court's decision. If there was no opportunity for respondent to respond, because of a failure of notice, or if there are new facts upon which a motion to reconsider can be made, then Respondent can move to reconsider/set aside the court's final order. Otherwise, the action is over.