Or. Admin. R. 801-001-0025 - Authorization for Agency Representative

The Oregon Board of Accountancy adopts the following rule to authorize the appearance of its staff as the Board's representative at contested hearings pursuant to ORS 183.452;

(1) Subject to the approval of the Attorney General, an officer or employee of the Board is authorized to appear on behalf of the Board in the following types of hearings conducted by this Board: Administrative Hearings, as designated by the Board.
(2) The Board representative may not make legal argument on behalf of the Board.
(a) "Legal Argument" includes arguments on:
(A) The jurisdiction of the agency to hear contested cases;
(B) The constitutionality of a statute or rule or the application of a constitutional requirement to an agency; and
(C) The application of court precedent to the facts of a particular contested case proceeding
(b) "Legal Argument" does not include presentation of motions, evidence, examination and cross-examination of witnesses or presentation of factual argument or arguments on:
(A) The application of the statutes or rules to the facts in the contested case;
(B) Comparison of prior actions of the agency in handling similar situations;
(C) The literal meaning if the statutes or rules directly applicable to the issues in the contested case;
(D) The admissibility of evidence; and
(E) The correctness of procedures being followed in the contested case hearing.

Notes

Or. Admin. R. 801-001-0025
BOA 2-2001, f. 12-28-01, cert. ef. 1-1-02

Stat. Auth: OL 1999 Ch. 849 Sec. 2-21, ORS 183.310

Stats. Implemented: ORS 183

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