Administrative Procedures Act

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), 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.
Source

Last accessed
Mar. 11, 2023

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