179.740. ����� (7) Notwithstanding ORS 183.315 (5), if a person or authorized representative disagrees with any ability-to-pay order issued pursuant to this section, the person or authorized represen

179.740.

����� (7) Notwithstanding ORS 183.315 (5), if a person or authorized representative disagrees with any ability-to-pay order issued pursuant to this section, the person or authorized representative may request a contested case hearing. To the extent practical, the hearing will be held at a location convenient to the person or the authorized representative. The request must be postmarked within 60 days from the date of the mailing of the ability-to-pay order. If the person or the authorized representative makes a timely request for a contested case hearing, the hearing and any appeal of the final hearing order shall be governed by ORS 183.413 to 183.497. If the person or the authorized representative fails to make a timely request for a contested case hearing, the ability-to-pay order shall be final and not subject to judicial review, except as subsequently modified by the agency as provided in subsection (5) of this section.

����� (8) On appeal, regardless of other information presented, payment of the full cost of care may be ordered if the person or the authorized representative refuses to produce financial information that the Hearings Officer or administrative law judge determines is relevant and must be produced. [1959 c.652 �4; 1961 c.501 �2; 1967 c.549 �4; 1973 c.806 �3a; 1973 c.823 ��123,159; 1989 c.348 �3; 1997 c.170 �15; 1999 c.159 �2; 2001 c.487 �3; 2003 c.75 �86; 2009 c.595 �149; 2013 c.36 �59; 2015 c.348 �26]

����� 179.643 [1969 c.257 �8; 1973 c.546 �4; repealed by 1989 c.348 �16]

����� 179.645 [1967 c.534 �32; repealed by 1973 c.806 �14]

����� 179.650 [1959 c.652 �5; 1967 c.549 �5; 1969 c.591 �295; 1973 c.546 �5; 1973 c.806 �5a; repealed by 1989 c.348 �16]

����� 179.653 Unpaid costs as lien on property; order; when appealable. (1) If any person or authorized representative refuses to pay for the cost of care as ordered by the Department of Corrections or the Oregon Health Authority under ORS 179.640, the amount unpaid plus interest shall be a lien in favor of the State of Oregon. The lien shall arise as each payment is due under the order and shall continue until the liability with interest is satisfied. The lien shall be upon the title to and interest in the real and personal property of the personal estate.

����� (2) Prior to the filing of a distraint warrant as provided in ORS 179.655 (2), the lien shall only be valid against:

����� (a) Property of the person;

����� (b) Assets held by any authorized representative bound by the ability-to-pay order; and

����� (c) Assets subject to lien held by any person or entity having actual knowledge of the ability-to-pay order or the lien.

����� (3) Regardless of any other provision of law or statute that provides a procedure for establishing obligations, including the claim and payment provisions of ORS chapter 125, an authorized representative who has received notice and had an opportunity to request a contested case hearing shall comply with an ability-to-pay order upon demand by the agency. The agency may issue the demand any time after the order becomes final.

����� (4) An authorized representative who has not had an opportunity to request a contested case hearing, either because the authorized representative was not appointed at the time the ability-to-pay order became final, or was not given notice of the ability-to-pay order as required by ORS 179.640 (4), shall not be bound by the order of the agency. To bind the authorized representative, the ability-to-pay order must be reissued and notice provided to the authorized representative pursuant to ORS 179.640 (4). The authorized representative shall have the same appeal rights as if the order had originally been issued to the authorized representative. After the order becomes final, the authorized representative shall be bound as provided in subsection (3) of this section. The agency may not issue an execution of a lien or foreclose against property held by or in the control of the authorized representative until the authorized representative is bound by the order of the agency.

����� (5) An authorized representative who is a trustee shall only be bound to the extent that the final order specifically finds that the trust assets of a trust fund are subject to claim by the agency.

����� (6) If the authorized representative does not comply with the demand, the agency may file with the probate court a motion to require the authorized representative to comply. If the authorized representative is a conservator or guardian appointed under ORS chapter 125, the motion shall be filed in that proceeding. The motion shall be accompanied by an affidavit stating that the order is final, that demand has been made on the authorized representative and that the order has not been complied with.

����� (7) The authorized representative may object to the motion only on grounds that the order is not final, that the order is not binding on the authorized representative as provided in this section or that all required payments have been made. The objection must be by affidavit.

����� (8) If the authorized representative objects by affidavit, the court shall hear the motion. If the court determines that the ability-to-pay order is final and binding on the authorized representative and that all required payments have not been made, the court shall order the authorized representative to comply with the ability-to-pay order.

����� (9) If the authorized representative fails to object by affidavit within 15 days of the filing of the motion, the court shall order the authorized representative to comply with the order. An authorized representative who willfully fails or refuses to comply may be found in contempt of court and may be held personally responsible.

����� (10) Nothing in this section shall affect the requirement that the agency issue a new order in accordance with ORS 179.640 (5) if financial circumstances have changed. [1973 c.806 �9a; 1989 c.348 �4; 1995 c.664 �90; 1999 c.159 �3; 2001 c.487 �4; 2009 c.595 �150; 2013 c.36 �60]

����� 179.655 Enforcement of lien; distraint warrant. (1) If any amount due the Department of Corrections or the Oregon Health Authority for the cost of care of a person is not paid within 30 days after it becomes due, and no provision is made to secure the payment by bond, deposit or otherwise, pursuant to rules adopted by the appropriate agency, the agency may issue a distraint warrant directed to any county of the state.

����� (2) After the receipt of the distraint warrant, the clerk of the county shall enter in the County Clerk Lien Record the name of the person, the amount for which the distraint warrant is issued and the date the distraint warrant is recorded. The amount of the distraint warrant shall become a lien upon the title to and interest in any property owned or later acquired by the debtor against whom it is issued, and it may be enforced by the agency in the same manner as a judgment of the circuit court.

����� (3) In the event that an ability-to-pay order issued under ORS 179.640 (4) or (5) becomes final, and supersedes a previous final ability-to-pay order on which a distraint warrant had been issued, the agency shall issue a new distraint warrant superseding the previous distraint warrant, and the lien shall conform to the new order.

����� (4) The agency may direct a copy of the distraint warrant to the sheriff of any county of the state commanding the sheriff to levy upon and sell the real and personal property of the taxpayer found within that county, for the payment of the amount due, with interest, collection charge and the sheriff�s fee. The sheriff shall return the distraint warrant to the agency and pay to it the money collected not less than 60 days from the date the copy of the distraint warrant was directed to the sheriff.

����� (5) The agency may issue the directive provided in subsection (4) of this section to any agent of the agency. In executing the distraint warrant, the agent shall have the same powers conferred by law upon sheriffs. However, the agent is not entitled to any fee or compensation in excess of actual expenses incurred in the performance of this duty. [1973 c.806 ��10,11,12; 1983 c.696 �8; 1989 c.348 �5; 1999 c.159 �4; 2001 c.487 �5; 2009 c.595 �151; 2013 c.36 �61]

����� 179.660 Guardian or conservator for estate of person in institution. If the Department of Corrections or the Oregon Health Authority believes a person at one of its state institutions needs a guardian or conservator, or both, and one has not been appointed, the agency may request that the district attorney institute proper proceedings for this appointment in the court having probate jurisdiction. The county of which the person is a resident, or was a resident at the time of admittance, shall be the basis for determining the appropriate district attorney to be contacted. [1959 c.652 �6; 1973 c.823 �124; 1989 c.348 �6; 2001 c.487 �6; 2009 c.595 �152; 2013 c.36 �62]

����� 179.670 [1959 c.652 �7; 1969 c.591 �296; 1973 c.546 �6; repealed by 1973 c.806 �14]

����� 179.680 [1959 c.652 �8; 1967 c.549 �6; 1973 c.546 �7; repealed by 1973 c.806 �14]

����� 179.690 [1959 c.652 �9; repealed by 1973 c.546 �13]

����� 179.700 [1959 c.652 �10; 1961 c.639 �1; 1965 c.182 �1; repealed by 1967 c.549 �1 (179.701 enacted in lieu of 179.700)]

����� 179.701 Determination of cost-of-care rates. (1)(a) The cost-of-care rates for a person who is or was in a state institution described in ORS 179.321 shall be determined by the Department of Corrections or the Oregon Health Authority, as appropriate. The rates established shall be reasonably related to current costs of the institutions as described in ORS