OAR 407-047-0730
Investigations of Third-Party: Lay Representative

(1) Subject to the approval of the Attorney General, an officer or employee of the Department is authorized to appear on behalf of OTIS in a contested case hearing conducted by the Office of Administrative Hearings under OAR 407-047-0720 (Investigations of Third-Party: Contested Case Hearings).
(2) A Department officer or employee acting as the Department’s representative may not make legal argument on behalf of OTIS.
(a) “Legal argument” includes arguments on:
(A) The jurisdiction of OTIS to hear the contested case;
(B) The constitutionality of a statute or rule or the application of a constitutional requirement to OTIS; and
(C) The application of court precedent to the facts of the particular contested case proceeding.
(b) “Legal argument” does not include presentation of motions, evidence, examination and cross-examination of witnesses, or presentation of factual arguments or arguments on:
(A) The application of the statutes or rules to the facts in the contested case;
(B) Comparison of prior actions of OTIS in handling similar situations;
(C) The literal meaning of the statutes or rules directly applicable to the issues in the contested case;
(D) The admissibility of evidence; and
(E) The correctness of procedures being followed in the contested case hearing.
(3) When an officer or employee appears on behalf of OTIS, the administrative law judge shall advise the Department’s representative of the manner in which objections may be made and matters preserved for appeal. Such advice is of a procedural nature and does not change applicable law on waiver or the duty to make timely objection.
(4) If the administrative law judge determines that statements or objections made by the OTIS representative appearing under section (1) of this rule involve legal argument as defined in this rule, the administrative law judge shall provide reasonable opportunity for the Department representative to consult the Attorney General and permit the Attorney General to present argument at the hearing or to file written legal argument within a reasonable time after conclusion of the hearing.
(5) A Department representative appearing under section (1) of this rule must read and be familiar with the Code of Conduct for Non-Attorney Representatives at Administrative Hearings, which is maintained by the Oregon Department of Justice and available at http://www.doj.state.or.us.
(6) When a Department officer or employee represents OTIS in a contested case hearing under OAR 407-047-0720 (Investigations of Third-Party: Contested Case Hearings), requests for admission and written interrogatories are not permitted. OTIS adopts this exception to the Attorney General’s Model Rules due to caseload volume and because these matters would unnecessarily complicate the hearing process.

Source: Rule 407-047-0730 — Investigations of Third-Party: Lay Representative, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=407-047-0730.

407‑047‑0200
Investigations in Schools: Purpose and Scope 407‑047‑0205
Investigations in Schools: Definitions 407‑047‑0210
Investigations in Schools: Screening Activities 407‑047‑0220
Investigations in Schools: Determining Response 407‑047‑0240
Investigations in Schools: Notifications at the Conclusion of Screening 407‑047‑0250
Investigations in Schools: Investigating Reports of Abuse 407‑047‑0260
Investigations in Schools: Exception to Completing an Investigation 407‑047‑0270
Investigations in Schools: Abuse Determination 407‑047‑0280
Investigations in Schools: Abuse Investigation Report 407‑047‑0290
Investigations in Schools: Notifications at the Conclusion of an Investigation 407‑047‑0295
Investigations in Schools: Confidentiality 407‑047‑0300
Investigations in Schools: Contested Case Hearings 407‑047‑0305
Investigations in Schools: Lay Representative 407‑047‑0400
Investigations in Child Care: Purpose and Scope 407‑047‑0410
Investigations in Child Care: Definitions 407‑047‑0420
Investigations in Child Care: Screening Activities 407‑047‑0430
Investigations in Child Care: Determining Response 407‑047‑0440
Investigations in Child Care: Notifications at the Conclusion of Screening 407‑047‑0450
Investigations in Child Care: Investigating Reports of Abuse 407‑047‑0460
Investigations in Child Care: Exception to Completing an Investigation 407‑047‑0470
Investigations in Child Care: Abuse Determination 407‑047‑0480
Investigations in Child Care: Abuse Investigation Report 407‑047‑0490
Investigations in Child Care: Notifications at the Conclusion of an Investigation 407‑047‑0500
Investigations in Child Care: Confidentiality 407‑047‑0510
Investigations in Child Care: Contested Case Hearings 407‑047‑0520
Investigations in Child Care: Lay Representative 407‑047‑0600
Investigations of Third-Party: Purpose and Scope 407‑047‑0610
Investigations of Third-Party: Definitions 407‑047‑0620
Investigations of Third-Party: Screening Activities 407‑047‑0630
Investigations of Third-Party: Determining OTIS Response for Third-Party Professionals 407‑047‑0640
Investigations of Third-Party: Determining OTIS Response for Other Third-Party 407‑047‑0650
Investigations of Third-Party: Notifications at the Conclusion of Screening 407‑047‑0660
Investigations of Third-Party: Investigating Reports of Abuse 407‑047‑0670
Investigations of Third-Party: Exception to Completing an Investigation 407‑047‑0680
Investigations of Third-Party: Abuse Determination 407‑047‑0690
Investigations of Third-Party: Abuse Investigation Report 407‑047‑0700
Investigations of Third-Party: Notifications and Report Distribution 407‑047‑0710
Investigations of Third-Party: Confidentiality 407‑047‑0720
Investigations of Third-Party: Contested Case Hearings 407‑047‑0730
Investigations of Third-Party: Lay Representative
Last Updated

Jun. 8, 2021

Rule 407-047-0730’s source at or​.us