ORS 183.457
Representation of persons other than agencies participating in contested case hearings
(1)
Notwithstanding ORS 8.690 (Advising and representing county officers and employees), 9.160 (Bar membership required to practice law) and 9.320 (Necessity for employment of attorney), and unless otherwise authorized by another law, a person participating in a contested case hearing conducted by an agency described in this subsection may be represented by an attorney or by an authorized representative subject to the provisions of subsection (2) of this section. The Attorney General shall prepare model rules for proceedings with lay representation that do not have the effect of precluding lay representation. No rule adopted by a state agency shall have the effect of precluding lay representation. The agencies before which an authorized representative may appear are:(a)
The State Landscape Contractors Board in the administration of the Landscape Contractors Law.(b)
The State Department of Energy and the Energy Facility Siting Council.(c)
The Environmental Quality Commission and the Department of Environmental Quality.(d)
The Department of Consumer and Business Services for proceedings in which an insured appears pursuant to ORS 737.505 (Insured entitled to rate information).(e)
The Department of Consumer and Business Services and any other agency for the purpose of proceedings to enforce the state building code, as defined by ORS 455.010 (Definitions for ORS chapter 455).(f)
The Department of the State Fire Marshal.(g)
The Department of State Lands for proceedings regarding the issuance or denial of fill or removal permits under ORS 196.800 (Definitions for ORS 196.600 to 196.921) to 196.825 (Criteria for issuance of permit).(h)
The Public Utility Commission.(i)
The Water Resources Commission and the Water Resources Department.(j)
The Land Conservation and Development Commission and the Department of Land Conservation and Development.(k)
The State Department of Agriculture, for purposes of hearings under ORS 215.705 (Dwellings in farm or forest zone).(L)
The Bureau of Labor and Industries.(2)
A person participating in a contested case hearing as provided in subsection (1) of this section may appear by an authorized representative if:(a)
The agency conducting the contested case hearing has determined that appearance of such a person by an authorized representative will not hinder the orderly and timely development of the record in the type of contested case hearing being conducted;(b)
The agency conducting the contested case hearing allows, by rule, authorized representatives to appear on behalf of such participants in the type of contested case hearing being conducted; and(c)
The officer presiding at the contested case hearing may exercise discretion to limit an authorized representative’s presentation of evidence, examination and cross-examination of witnesses, or presentation of factual arguments to ensure the orderly and timely development of the hearing record, and shall not allow an authorized representative to present legal arguments except to the extent authorized under subsection (3) of this section.(3)
The officer presiding at a contested case hearing in which an authorized representative appears under the provisions of this section 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.(4)
Upon judicial review, no limitation imposed by an agency presiding officer on the participation of an authorized representative shall be the basis for reversal or remand of agency action unless the limitation resulted in substantial prejudice to a person entitled to judicial review of the agency action.(5)
For the purposes of this section, “authorized representative” means a member of a participating partnership, an authorized officer or regular employee of a participating corporation, association or organized group, or an authorized officer or employee of a participating governmental authority other than a state agency. [1987 c.833 §3; 1989 c.453 §2; 1993 c.186 §4; 1995 c.102 §1; 1999 c.448 §1; 1999 c.599 §1; 2021 c.539 §109](a)
The State Landscape Contractors Board in the administration of the Landscape Contractors Law.(b)
The State Department of Energy and the Energy Facility Siting Council.(c)
The Environmental Quality Commission and the Department of Environmental Quality.(d)
The Department of Consumer and Business Services for proceedings in which an insured appears pursuant to ORS 737.505 (Insured entitled to rate information).(e)
The Department of Consumer and Business Services and any other agency for the purpose of proceedings to enforce the state building code, as defined by ORS 455.010 (Definitions for ORS chapter 455).(f)
The State Fire Marshal in the Department of State Police.(g)
The Department of State Lands for proceedings regarding the issuance or denial of fill or removal permits under ORS 196.800 (Definitions for ORS 196.600 to 196.921) to 196.825 (Criteria for issuance of permit).(h)
The Public Utility Commission.(i)
The Water Resources Commission and the Water Resources Department.(j)
The Land Conservation and Development Commission and the Department of Land Conservation and Development.(k)
The State Department of Agriculture, for purposes of hearings under ORS 215.705 (Dwellings in farm or forest zone).(L)
The Bureau of Labor and Industries.(2)
A person participating in a contested case hearing as provided in subsection (1) of this section may appear by an authorized representative if:(a)
The agency conducting the contested case hearing has determined that appearance of such a person by an authorized representative will not hinder the orderly and timely development of the record in the type of contested case hearing being conducted;(b)
The agency conducting the contested case hearing allows, by rule, authorized representatives to appear on behalf of such participants in the type of contested case hearing being conducted; and(c)
The officer presiding at the contested case hearing may exercise discretion to limit an authorized representative’s presentation of evidence, examination and cross-examination of witnesses, or presentation of factual arguments to ensure the orderly and timely development of the hearing record, and shall not allow an authorized representative to present legal arguments except to the extent authorized under subsection (3) of this section.(3)
The officer presiding at a contested case hearing in which an authorized representative appears under the provisions of this section 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.(4)
Upon judicial review, no limitation imposed by an agency presiding officer on the participation of an authorized representative shall be the basis for reversal or remand of agency action unless the limitation resulted in substantial prejudice to a person entitled to judicial review of the agency action.(5)
For the purposes of this section, “authorized representative” means a member of a participating partnership, an authorized officer or regular employee of a participating corporation, association or organized group, or an authorized officer or employee of a participating governmental authority other than a state agency.
Source:
Section 183.457 — Representation of persons other than agencies participating in contested case hearings, https://www.oregonlegislature.gov/bills_laws/ors/ors183.html.
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