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)
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 Department of Early Learning and 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. [2009 c.424 §2; 2018 c.75 §9; 2021 c.631 §16; 2023 c.554 §43]
Source:
Section 183.459 — Representation of home care worker by labor union representative, https://www.oregonlegislature.gov/bills_laws/ors/ors183.html.
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