ORS 183.452
Representation of agencies at contested case hearings


(1)

Agencies may, at their discretion, be represented at contested case hearings by the Attorney General.

(2)

Notwithstanding ORS 9.160 (Bar membership required to practice law), 9.320 (Necessity for employment of attorney) and ORS chapter 180, and unless otherwise authorized by another law, an agency may be represented at contested case hearings by an officer or employee of the agency if:

(a)

The Attorney General has consented to the representation of the agency by an agency representative in the particular hearing or in the class of hearings that includes the particular hearing; and

(b)

The agency, by rule, has authorized an agency representative to appear on its behalf in the particular type of hearing being conducted.

(3)

An agency representative acting under the provisions of this section may not give legal advice to an agency, and may not present legal argument in contested case hearings, except to the extent authorized by subsection (4) of this section.

(4)

The officer presiding at a contested case hearing in which an agency representative appears under the provisions of this section may allow the agency 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.

(5)

Upon judicial review, no limitation imposed under this section on an agency representative is the basis for reversal or remand of agency action unless the limitation resulted in substantial prejudice to a party.

(6)

The Attorney General may prepare model rules for agency representatives authorized under this section. [1999 c.448 §3]
Note: 183.452 (Representation of agencies at contested case hearings) was added to and made a part of 183.413 (Notice to parties before hearing of rights and procedure) to 183.470 (Orders in contested cases) by legislative action but was not added to any other series. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 183.452 — Representation of agencies at contested case hearings, https://www.­oregonlegislature.­gov/bills_laws/ors/ors183.­html.

183.310
Definitions for chapter
183.315
Application of provisions of chapter to certain agencies
183.325
Delegation of rulemaking authority to named officer or employee
183.330
Description of organization
183.332
Policy statement
183.333
Policy statement
183.335
Notice
183.336
Cost of compliance effect on small businesses
183.337
Procedure for agency adoption of federal rules
183.341
Model rules of procedure
183.355
Filing and taking effect of rules
183.360
Publication of rules and orders
183.365
Publication of administrative rules in electronic form
183.370
Distribution of published rules
183.390
Petitions requesting adoption of rules
183.400
Judicial determination of validity of rule
183.403
Agency report to Legislative Assembly regarding temporary rules
183.405
Agency review of rules
183.407
Small Business Rules Advisory Committee
183.410
Agency determination of applicability of rule or statute to petitioner
183.411
Delegation of final order authority
183.413
Notice to parties before hearing of rights and procedure
183.415
Notice of right to hearing
183.417
Procedure in contested case hearing
183.425
Depositions or subpoena of material witness
183.430
Hearing on refusal to renew license
183.435
Period allowed to request hearing for license refusal on grounds other than test or inspection results
183.440
Subpoenas in contested cases
183.445
Subpoena by agency or attorney of record of party when agency not subject to ORS 183.440
183.450
Evidence in contested cases
183.452
Representation of agencies at contested case hearings
183.453
Representation of Oregon Health Authority and Department of Human Services at contested case hearings
183.457
Representation of persons other than agencies participating in contested case hearings
183.458
Nonattorney and out-of-state attorney representation of parties in certain contested case hearings
183.459
Representation of home care worker by labor union representative
183.460
Examination of evidence by agency
183.462
Agency statement of ex parte communications
183.464
Proposed order by hearing officer
183.470
Orders in contested cases
183.471
Preservation of orders in electronic format
183.480
Judicial review of agency orders
183.482
Jurisdiction for review of contested cases
183.484
Jurisdiction for review of orders other than contested cases
183.485
Decision of court on review of contested case
183.486
Form and scope of decision of reviewing court
183.490
Agency may be compelled to act
183.497
Awarding costs and attorney fees when finding for petitioner
183.500
Appeals
183.502
Authority of agencies to use alternative means of dispute resolution
183.530
Housing cost impact statement required for certain proposed rules
183.534
Housing cost impact statement described
183.538
Effect of failure to prepare housing cost impact statement
183.540
Reduction of economic impact on small business
183.605
Office of Administrative Hearings
183.610
Chief administrative law judge
183.615
Administrative law judges
183.620
Contract administrative law judges
183.625
Assignment of administrative law judges
183.630
Model rules of procedure
183.635
Agencies required to use administrative law judges from Office of Administrative Hearings
183.640
Use of Office of Administrative Hearings by exempt agencies and by political subdivisions
183.645
Request for change of administrative law judge
183.650
Form of order
183.655
Fees
183.660
Office of Administrative Hearings Operating Account
183.665
Estimates of office expenses
183.670
Rules
183.675
Alternative dispute resolution
183.680
Standards and training program
183.685
Ex parte communications
183.690
Office of Administrative Hearings Oversight Committee
183.700
Permits subject to ORS 183.702
183.702
Statement of criteria and procedures for evaluating permit application
183.705
Extended term for renewed licenses
183.710
Definitions for ORS 183.710 to 183.730
183.715
Submission of adopted rule to Legislative Counsel required
183.720
Procedure for review of agency rule
183.722
Required agency response to Legislative Counsel determination
183.724
Designation of interim committees for purposes of considering rule reports
183.730
Review of rule by Oregon Sunshine Committee
183.745
Civil penalty procedures
183.750
State agency required to prepare public writings in readable form
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