OAR 839-050-0110
Representation of a Party in a Contested Case Proceeding


(1)

Any party may be represented by counsel, as that term is defined in OAR 839-050-0020 (Definitions)(13). At all stages of the contested case proceeding, all government agencies, partnerships, corporations and unincorporated associations must be represented either by counsel, who may perform all functions consistent with representation of a client, or by an authorized representative, subject to the limitations of sections (2) through (6) of this rule.

(2)

For purposes of OAR chapter 839, division 50, “authorized representative” means a member of a partnership, an authorized officer or regular employee of a corporation, association or organized group, or an authorized officer or employee of a governmental agency.

(3)

Before appearing in the case, an authorized representative must provide written authorization for the named representative to appear on behalf of the party or limited party. This written authorization must be provided no later than the time that an answer and request for hearing is filed.

(4)

An authorized representative may not present legal argument during the contested case proceeding except to the extent authorized by section 5 of this rule. “Legal argument” includes arguments on:

(a)

The jurisdiction of the agency to hear the contested case;

(b)

The constitutionality of a statute or rule or the application of a constitutional requirement to an agency;

(c)

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

(5)

The Administrative Law Judge may allow the authorized representative to present evidence, examine and cross-examine witnesses, and make arguments relating to the:

(a)

Application of statutes and rules to the facts in the contested case;

(b)

Actions taken by the Agency in the past in similar situations;

(c)

Literal meaning of the statutes or rules at issue in the contested case;

(d)

Admissibility of evidence; and

(e)

Proper procedures to be used in the contested case hearing.

(6)

When a party is represented by an authorized representative in a hearing, the Administrative Law Judge 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. When such objections may involve legal argument as defined in section 4 of this rule, the Administrative Law Judge will provide reasonable opportunity for the authorized representative to consult legal counsel and permit such legal counsel to file written legal argument within a reasonable time after the conclusion of the hearing.

(7)

A party that intends to be represented by counsel during the contested case proceeding, and that is not a government agency, partnership, corporation or unincorporated association, will notify the Forum of its intent to be represented by counsel as soon as practicable. Once the contested case hearing has begun, no party will be allowed a recess to obtain the services of counsel.

Source: Rule 839-050-0110 — Representation of a Party in a Contested Case Proceeding, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-050-0110.

839‑050‑0000
Statement of Purpose
839‑050‑0010
Model Rules of Procedure
839‑050‑0020
Definitions
839‑050‑0030
Service of Documents
839‑050‑0040
Filing of Documents with the Contested Case Coordinator
839‑050‑0050
Timeliness
839‑050‑0060
Charging Documents
839‑050‑0070
Request for a Contested Case Hearing
839‑050‑0080
Notice of Hearing
839‑050‑0090
Location of Contested Case Hearings
839‑050‑0100
Information for Contested Case Hearings
839‑050‑0110
Representation of a Party in a Contested Case Proceeding
839‑050‑0120
Representation of a Claimant, Complainant, or Aggrieved Person in a Contested Case Proceeding
839‑050‑0130
Responsive Pleadings
839‑050‑0140
Amendments
839‑050‑0150
Motions
839‑050‑0160
Disqualification of Administrative Law Judge
839‑050‑0170
Joinder of Parties, Claimants, Complainants, or Aggrieved Persons
839‑050‑0190
Consolidation of Contested Case Proceedings
839‑050‑0200
Discovery
839‑050‑0210
Case Summary
839‑050‑0220
Informal Disposition of Contested Case
839‑050‑0230
Authority of the Administrative Prosecutor
839‑050‑0240
Responsibilities of the Administrative Law Judge
839‑050‑0250
Conduct of Hearings
839‑050‑0255
Telephone Hearings
839‑050‑0260
Evidence
839‑050‑0270
Exhibits
839‑050‑0280
Stipulation
839‑050‑0290
Witnesses
839‑050‑0300
Interpreters and Assistive Communication Devices
839‑050‑0310
Ex Parte Communications
839‑050‑0320
Official Notice
839‑050‑0330
Default
839‑050‑0340
Relief from Default
839‑050‑0350
Record of Proceeding
839‑050‑0360
Post-Hearing Briefs
839‑050‑0370
Proposed Orders
839‑050‑0380
Exceptions to Proposed Order
839‑050‑0400
Agency Policy
839‑050‑0410
Reopening the Contested Case Record
839‑050‑0420
Final Order
839‑050‑0430
Final Order by Default
839‑050‑0445
Proceedings on Prevailing Wage Rate Determinations
839‑050‑0450
Proceedings on Apprenticeship and Training Division Hearings
Last Updated

Jun. 8, 2021

Rule 839-050-0110’s source at or​.us