(1) As used in this section, “service member” means:
(a) A member of the organized militia who is called into active service of the state by the Governor under ORS 399.065 (1).
(b) A member of the Oregon National Guard who is called into active service outside this state under Title 10 or Title 32 of the United States Code.
(c) A member of the Oregon National Guard who is called into active state duty under ORS 399.075.
(2) A service member may, while in active service or active state duty or within six months after that service or duty ends, apply to a court or an administrative body:
(a) For relief with respect to any obligation or liability incurred by the member before the period of active service or active state duty began. The court or administrative body, after appropriate notice and hearing, may grant relief unless the court or administrative body determines that the ability of the member to comply with the terms of the obligation or liability has not been materially affected by active service or active state duty.
(b) For a stay of a civil or administrative proceeding in which the service member is a party. The court or administrative body, after appropriate notice, shall grant the stay unless the court or administrative body determines that the ability of the service member to appear is not materially affected by active service or active state duty.
(3) The court or administrative body may not charge or collect any fee from a service member who applies to the court or administrative body for relief under this section.
(4) An application filed under this section may not be deemed as consent to jurisdiction in any action or proceeding. [2003 c.387 §9; 2005 c.79 §1; 2007 c.400 §1]
Note: Section 2, chapter 400, Oregon Laws 2007, provides:
Sec. 2. (1) Except as provided in subsection (2) of this section, the amendments to ORS 399.238 by section 1 of this 2007 Act apply to administrative proceedings commenced before, on or after the effective date of this 2007 Act [January 1, 2008].
(2) The amendments to ORS 399.238 by section 1 of this 2007 Act do not apply to any proceeding in which a final order has been entered after all opportunity for administrative review has been exhausted. [2007 c.400 §2]
Note: 399.238 and 399.240 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 399 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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