(1)(a) When the State Registrar of the Center for Health Statistics receives information that a record may have been registered, amended or corrected through fraud or misrepresentation, the state registrar may withhold issuance of certified copies related to that record pending an inquiry by appropriate authorities to determine whether fraud or misrepresentation has occurred.

Terms Used In Oregon Statutes 432.385

  • Certified copy: means the document, in either paper or electronic format, issued by the State Registrar of the Center for Health Statistics and containing all or a part of the information contained on the original vital record, and which, when issued by the state registrar, has the full force and effect of the original vital record. See Oregon Statutes 432.005
  • Court of competent jurisdiction: means a court within the United States with jurisdiction over a person subject to regulation under this chapter. See Oregon Statutes 432.005
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Legal representative: means a licensed attorney representing the registrant or other qualified applicant. See Oregon Statutes 432.005
  • Record: means a report that has been registered by the state registrar. See Oregon Statutes 432.005
  • State: includes a state or territory of the United States, the District of Columbia and New York City. See Oregon Statutes 432.005
  • Vital statistics: means the aggregated data derived from records and reports of live birth, death, fetal death, induced termination of pregnancy, marriage, declaration of domestic partnership, dissolution of marriage, dissolution of domestic partnership and supporting documentation and related reports. See Oregon Statutes 432.005

(b) If the appropriate authorities conclude that no fraud or misrepresentation occurred, then the state registrar shall issue certified copies related to the record. If the appropriate authorities conclude that there is reasonable cause to suspect fraud or misrepresentation, then the state registrar shall provide copies of the record and any relevant evidence to the appropriate authorities for further investigation.

(c) If upon further investigation, the appropriate authorities conclude that fraud or misrepresentation occurred, the state registrar shall provide an opportunity to the registrant or the legal representative of the registrant to respond to the findings prior to voiding the record.

(d) If the state registrar issues an order voiding a record under this subsection, the state registrar shall advise the registrant of the registrant’s rights under ORS § 183.484.

(e) A record voided under this subsection shall be retained by the state registrar. However, a record voided under this subsection is not subject to inspection or copying except upon receiving an order from a court of competent jurisdiction or by the state registrar for purposes of administering the system of vital statistics.

(2)(a) When the state registrar receives information that an application for a certified copy may have been submitted for purposes of fraud or misrepresentation, the state registrar may withhold issuance of the certified copy pending an inquiry by appropriate authorities to determine whether fraud or misrepresentation occurred.

(b) If the appropriate authorities conclude that no fraud or misrepresentation occurred, then the state registrar shall issue the certified copy. If the appropriate authorities conclude that there is reasonable cause to suspect fraud or misrepresentation, then the state registrar shall provide copies of the application and any relevant evidence to the appropriate authorities for further investigation. The state registrar shall advise the applicant of the applicant’s rights under ORS § 183.484.

(c) An application investigated under this subsection shall be retained by the state registrar. However, an application investigated under this subsection is not subject to inspection or copying except upon receiving an order from a court of competent jurisdiction or by the state registrar for purposes of administering the system of vital statistics.

(3) The state registrar shall periodically test and audit the system of vital statistics for purposes of detecting fraud. If fraud is detected, the state registrar shall provide copies of the evidence to the appropriate authorities for further investigation. The result of such tests and audits shall be retained by the state registrar. However, the results of such tests and audits are not subject to inspection or copying except upon receiving an order from a court of competent jurisdiction or by the state registrar for purposes of administering the system of vital statistics. [2013 c.366 § 38]

 

[Amended by 1983 c.709 § 17; 1997 c.783 § 35; 2007 c.99 § 18; 2013 c.366 § 22; renumbered 432.173 in 2013]

 

[1997 c.783 § 37; 2003 c.380 § 9; 2003 c.576 § 456a; 2007 c.99 § 19; 2013 c.366 § 25; renumbered 432.183 in 2013]

 

[Repealed by 1959 c.430 § 5]

 

[1999 c.254 § 6; 2003 c.380 § 10; 2013 c.366 § 35; renumbered 432.360 in 2013]

 

[Amended by 1959 c.430 § 2; 1983 c.709 § 10; 1997 c.783 § 38; 2003 c.576 § 457; 2013 c.366 § 26; renumbered 432.223 in 2013]

 

[Amended by 1957 c.193 § 1; 1983 c.672 § 18; 1995 c.79 § 221; 1995 c.730 § 11; 1997 c.783 § 39; 1999 c.254 § 3; 2013 c.366 § 31; renumbered 432.250 in 2013]

 

[Amended by 1955 c.680 § 1; repealed by 1983 c.709 § 45]

 

[Amended by 1983 c.709 § 7; 1997 c.783 § 40; 2013 c.366 § 13; renumbered 432.108 in 2013]

 

FEES AND SALES

 

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