Or. Admin. R. 800-001-0010 - Assistance in Hearing
(1) The
Board Administrator or Compliance Specialist is authorized to appear (but not
make legal argument) on behalf of the agency in a hearing or in a class of
contested case hearings in which the Attorney General or the Deputy Attorney
General has given written consent for such representation. A copy of the list
of contested case hearings for which the Attorney General or the Deputy
Attorney General has given consent is maintained by the agency and the
Department of Justice.
(2) Legal
argument as used in ORS
183.450(8) and
this rule has the same meaning as in Model Rule OAR
137-003-0008(1)(d).
(3) When an agency employee represents the
agency, the presiding officer shall advise such representative of the manner in
which objections may be made and matters preserved for appeal. Such advice is
of a procedural nature and does not change applicable law on waiver or the duty
to make timely objection. Where such objections involve legal argument, the
presiding officer shall provide reasonable opportunity for the agency officer
or employee to consult legal counsel and permit such legal counsel to file
written legal argument within a reasonable time after conclusion of the
hearing.
Notes
Stat. Auth.: ORS 673
Stats. Implemented:
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.