ORS 183.459
Representation of home care worker by labor union representative

(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), a home care worker or personal support worker, as defined in ORS 410.600 (Definitions for ORS 410.595 to 410.625), who is a party in a contested case hearing conducted by the Department of Human Services may be represented in the hearing by a labor union representative.

(2)

The hearing officer at a contested case hearing in which a labor union representative appears under the provisions of this section shall allow the 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. [2009 c.424 §2; 2018 c.75 §9]
Note: The amendments to 183.459 (Representation of home care worker by labor union representative) by section 16, chapter 631, Oregon Laws 2021, become operative January 1, 2023. See section 64, chapter 631, Oregon Laws 2021. The text that is operative on and after January 1, 2023, is set forth for the user’s convenience.
183.459 (Representation of home care worker by labor union representative). (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), a home care worker or personal support worker, as defined in ORS 410.600 (Definitions for ORS 410.595 to 410.625), who is a party in a contested case hearing conducted by the Department of Human Services may be represented in the hearing by a labor union representative.

(2)

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), a family child care provider, as defined in ORS 329A.430 (Rights of family child care providers to join labor organizations), who is a party in a contested case hearing conducted by the Office of Child Care may be represented in the hearing by a labor union representative.

(3)

The hearing officer at a contested case hearing in which a labor union representative appears under the provisions of this section shall allow the 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.
Note: 183.459 (Representation of home care worker by labor union representative) 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 183.459 — Representation of home care worker by labor union representative, 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
Green check means up to date. Up to date

Current through early 2024

§ 183.459’s source at oregon​.gov