Or. Admin. Code § 137-003-0008 - Authorized Representative in Designated Agencies
(1) For purposes of this rule, the following
words and phrases have the following meaning:
(a) "Agency" means State Landscape
Contractors Board, State Department of Energy and the Energy Facility Siting
Council, Environmental Quality Commission and the Department of Environmental
Quality; Insurance Division of the Department of Consumer and Business Services
for proceedings in which an insured appears pursuant to ORS 737.505; the
Department of Consumer and Business Services and any other agency for the
purpose of proceedings to enforce the state building code, as defined by
455.010; the State Fire Marshal in the Department of State Police; Division of
State Lands for proceedings regarding the issuance or denial of fill or removal
permits under 196.800 to 196.825; Public Utility Commission; Water Resources
Commission and the Water Resources Department; Land Conservation and
Development Commission and the Department of Land Conservation and Development;
State Department of Agriculture for purposes of hearings under 215.705; and the
Bureau of Labor and Industries.
(b)
"Authorized Representative" means a member of a partnership, an authorized
officer or regular employee of a corporation, association or organized group,
or an authorized officer or employee of a governmental authority other than a
state agency;
(c) "Legal Argument"
includes arguments on:
(A) The jurisdiction
of the agency to hear the contested case;
(B) The constitutionality of a statute or
rule or the application of a constitutional requirement to an agency;
(C) The application of court precedent to the
facts of the particular contested case proceeding.
(d) "Legal Argument" does not include
presentation of motions, evidence, examination and cross-examination of
witnesses or presentation of factual arguments 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 of 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.
(2)
A party or limited party participating in a contested case hearing before an
agency listed in subsection (1)(a) of this rule may be represented by an
authorized representative as provided in this rule if the agency has by rule
specified that authorized representatives may appear in the type of contested
case hearing involved.
(3) Before
appearing in the case, an authorized representative must provide the presiding
officer with written authorization for the named representative to appear on
behalf of a party or limited party.
(4) The presiding officer may limit an
authorized representative's presentation of evidence, examination and
cross-examination of witnesses, or presentation of factual arguments to insure
the orderly and timely development of the hearing records, and shall not allow
an authorized representative to present legal argument as defined in subsection
(1)(c) of this rule.
(5) When an
authorized representative is representing a party or limited party in a
hearing, 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 may involve legal argument
as defined in this rule, the presiding officer shall provide reasonable
opportunity for the authorized representative 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 183.457
Stats. Implemented: ORS 183.341(1), & 183.457 & OL 1999, Ch. 448 & Ch. 599
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