OAR 413-010-0502
Representation

(1)

When a child or young adult has the right to a hearing because the Department takes an action under OAR 413-010-0500 (Purpose, Right to Request Hearing, Applicable Rules, and Computation of Time)(2)(a), the foster parent or relative caregiver may:

(a)

Request a hearing on behalf of the child or young adult; and

(b)

Participate in the hearing as a representative on behalf of the child or young adult.

(2)

When the Department takes an action to deny, reduce, or terminate a benefit or service that is provided under Title IV-E or Title XIX of the Social Security Act, a party that is not an entity may be represented by an attorney, a relative, a friend, or other spokesperson as authorized by federal law.

(3)

In all other cases, a party may represent themselves or be represented by an attorney.

(4)

The Department, with the consent of the Attorney General, has authorized its employees to represent the Department in cases involving the actions described in OAR 413-010-0500 (Purpose, Right to Request Hearing, Applicable Rules, and Computation of Time)(2)(a).

(5)

A Department employee acting as the Department’s representative may not make legal argument on behalf of the Department.

(a)

“Legal argument” includes argument on:

(A)

The jurisdiction of the Department to hear the contested case;

(B)

The constitutionality of a statute or administrative rule or the application of a constitutional requirement to the Department; and

(C)

The application of court precedent to the facts of the particular contested case proceeding.

(b)

“Legal argument” does not include presentation of a motion, evidence, examination and cross-examination of a witness, or presentation of a factual argument or arguments on:

(A)

The application of a statute or administrative rule to the facts in the contested case;

(B)

Comparison of a prior Department action when handling a similar situation;

(C)

The literal meaning of a statute or administrative rule directly applicable to an issue in the contested case;

(D)

The admissibility of evidence; and

(E)

The correctness of a procedure being followed in the contested case hearing.

(6)

The Department may be represented in any contested case proceeding by the Department of Justice.

(7)

Contested cases under these rules are not open to the public and are closed to nonparticipants, except nonparticipants may attend subject to the consent of each party and the Department.

Source: Rule 413-010-0502 — Representation, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-010-0502.

413‑010‑0000
Definitions 413‑010‑0010
Purpose 413‑010‑0030
Protection of Information 413‑010‑0035
Prohibited Disclosures 413‑010‑0045
Mandatory Disclosure 413‑010‑0055
Mandatory Disclosure if in the Child’s Best Interest 413‑010‑0065
Discretionary Disclosure 413‑010‑0068
Disclosure of Information Exempt Under the Public Records Law 413‑010‑0075
Disclosure Procedures 413‑010‑0170
Purpose 413‑010‑0175
Definitions 413‑010‑0180
Rights of Children and Young Adults in the Legal Custody of the Department 413‑010‑0185
Department Responsibilities 413‑010‑0200
Purpose 413‑010‑0210
Department Responsibilities 413‑010‑0220
Interrogation/Polygraph 413‑010‑0230
Attorney Interview 413‑010‑0240
Other Interviews 413‑010‑0300
Purpose 413‑010‑0310
Definition 413‑010‑0320
Relative Involvement in Case Planning and Court Hearings 413‑010‑0330
Communication and Visitation 413‑010‑0340
Department Responsibility to Make Diligent Efforts to Place a Child or Young Adult with Relatives 413‑010‑0400
Purpose 413‑010‑0410
Definitions 413‑010‑0420
Right to Review 413‑010‑0430
Grievances Not Subject to These Rules 413‑010‑0440
Informal Complaint Review 413‑010‑0480
Judicial Review 413‑010‑0500
Purpose, Right to Request Hearing, Applicable Rules, and Computation of Time 413‑010‑0502
Representation 413‑010‑0505
Hearing Requests 413‑010‑0510
Notice 413‑010‑0515
Continuation of Benefits 413‑010‑0520
Informal Conference 413‑010‑0525
Burden of Proof 413‑010‑0530
Withdrawals and Dismissals 413‑010‑0535
Proposed and Final Orders 413‑010‑0700
Purpose 413‑010‑0705
Definitions 413‑010‑0710
Required Forms 413‑010‑0714
Notice and Review when the Perpetrator is a Department Employee 413‑010‑0715
Providing Notice of a CPS Founded Disposition 413‑010‑0716
Providing Notice of a CPS Founded Disposition and Other Documents to a Juvenile 413‑010‑0717
Inquiry about a Review When a CPS Founded Disposition was Made Prior to August 4, 2000 413‑010‑0718
Inquiry about a Review of a CPS Founded Disposition When a Person Believes They Have Not Received a Notice 413‑010‑0720
Information Included in the “Notice of a CPS Founded Disposition” (Form CF 313) 413‑010‑0721
Making a Request for a Review of a CPS Founded Disposition 413‑010‑0722
Determining When Legal Findings Preclude a Right to Request a Review and Providing Notice of Legal Proceeding (Form CF 317) 413‑010‑0723
Providing a Notice of Legal Finding (Form CF 318) 413‑010‑0724
Providing a Notice of Waived Rights (Form CF 316) When a Request for Review Has Been Received 413‑010‑0732
Local Child Welfare Office Responsibilities Related to Notices and Reviews 413‑010‑0735
Local Child Welfare Office Review of CPS Founded Dispositions 413‑010‑0738
Notice of Local Child Welfare Office CPS Founded Disposition Review Decision 413‑010‑0740
Requesting a Central Office Review 413‑010‑0743
Local Office Responsibilities in a Request for Central Office CPS Founded Disposition Review 413‑010‑0745
Central Office Review of CPS Founded Dispositions 413‑010‑0746
Notice of Central Office CPS Founded Disposition Review Decision 413‑010‑0748
Review Initiated by the Department 413‑010‑0750
Revising Founded Abuse Dispositions in the Department’s Electronic Information System
Last Updated

Jun. 8, 2021

Rule 413-010-0502’s source at or​.us