OAR 410-120-1875
Agency Hearing Representatives
(1)
Subject to the approval of the Attorney General, an agency officer or employee is authorized to appear (but not make legal argument) on behalf of the Authority in the following classes of hearings:(a)
Contested case hearings requested by clients in accordance with OAR 410-120-1860 (Contested Case Hearing Procedures) and 410-130-1865; and(b)
Contested case hearings involving Providers in accordance with OAR 410-120-1560 (Provider Appeals) to 410-120-1700.(2)
Subject to the approval of the Attorney General, the Authority Audit Manager responsible for the Division of Medical Assistance Programs (Division) audits is authorized to appear (but not make legal argument) on behalf of the Authority in the following classes of hearings:(a)
Division Overpayment determinations made in an audit under OAR 943-120-1505 (Audits and Overpayment Recovery) (Provider audit);(b)
Division Provider Sanction decisions made in conjunction with or in lieu of an overpayment determination in OAR 943-120-1505 (Audits and Overpayment Recovery) (Provider audit).(3)
Legal argument as used in ORS 183.452 (Representation of agencies at contested case hearings) and this rule has the same meaning as defined in OAR 137-003-0008 (Authorized Representative in Designated Agencies)(1)(c) and (d) 137-003-0545 (Representation of Agency by Attorney General or Agency Representative).(4)
When a Authority officer or employee, or the Authority Audit Manager, represents the Authority, the presiding officer will advise such 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. Where such objections involve legal argument, the presiding officer will provide reasonable opportunity for the Authority officer or employee, or the Authority Audit Manager, to consult legal counsel and permit such legal counsel to file written legal argument within a reasonable time after the conclusion of the hearing.
Source:
Rule 410-120-1875 — Agency Hearing Representatives, https://secure.sos.state.or.us/oard/view.action?ruleNumber=410-120-1875
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