Or. Admin. Code § 471-070-8000 - Appeals: Department Representation in Hearing
(1) Subject to
the approval of the Attorney General, an officer or employee of the Oregon
Employment Department is authorized to appear on behalf of the department in
the following types of hearings conducted before the Office of Administrative
Hearings:
(a) Administrative decisions related
to Paid Leave Oregon benefits under ORS 657B.100 and 657B.332 and applicable
rules.
(b) Administrative decisions
related to Paid Leave Oregon contributions under ORS 657B.130 to 657B.175 or
657B.370 and applicable rules.
(c)
Administrative decisions related to Paid Leave Oregon penalties imposed under
ORS 657B.910 or 657B.920 and applicable rules.
(d) Administrative decisions related to Paid
Leave Oregon employer assistance grants under ORS 657B.200 and applicable
rules.
(e) Administrative decisions
related to PFMLI equivalent plans under ORS 657B.210 and applicable
rules.
(2) The agency
representative may not make legal argument on behalf of the agency.
(a) "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; and
(C)
The application of court precedent to the facts of the particular contested
case proceeding.
(b)
"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;
(E) The
correctness of procedures being followed in the contested case
hearing.
Notes
Statutory/Other Authority: ORS 657B.340 & ORS 183.452
Statutes/Other Implemented: ORS 183.452 & 657B.410
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(1) Subject to the approval of the Attorney General, an officer or employee of the Oregon Employment Department is authorized to appear on behalf of the department in the following types of hearings conducted before the Office of Administrative Hearings:
(a) Administrative decisions related to Paid Family and Medical Leave Insurance (PFMLI) benefits under ORS 657B.100 and 657B.120 and applicable rules.
(b) Administrative decisions related to PFMLI contributions under ORS 657B.130 to 657B.175 or 657B.370 and applicable rules.
(c) Administrative decisions related to PFMLI penalties imposed under ORS 657B.910 or 657B.920 and applicable rules.
(d) Administrative decisions related to PFMLI employer assistance grants under ORS 657B.200 and applicable rules.
(e) Administrative decisions related to PFMLI equivalent plans under ORS 657B.210 and applicable rules.
(2) The agency representative may not make legal argument on behalf of the agency.
(a) "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; and
(C) The application of court precedent to the facts of the particular contested case proceeding.
(b) "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;
(E) The correctness of procedures being followed in the contested case hearing.
Notes
Statutory/Other Authority: ORS 657B.340 & ORS 183.452
Statutes/Other Implemented: ORS 183.452 & 657B.410