Or. Admin. Code § 813-001-0060 - Lay Representative, Contested Cases Involving Civil Penalty

(1) Subject to the approval of the Attorney General, an officer or employee of the Department is authorized to appear on behalf of the Department in a contested case hearing conducted by the Department or by the Office of Administrative Hearings on a civil penalty assessed by the Department against a landlord or owner of a manufactured dwelling park pursuant to ORS 90.736.

(2) A representative of the Department under section (1) of this rule may not make legal argument on behalf of the Department, including an argument on any of the following:

(a) The jurisdiction of the Department to hear the contested case;

(b) The constitutionality of a statute or rule or the application of a constitutional requirement to the Department or an agency generally; or

(c) The application of court precedent to the facts of the particular contested case proceeding.

(3) A representative of the Department under section (1) of this rule may do any of the following:

(a) Examine and cross-examine witnesses;

(b) Present motions, evidence and factual arguments; and

(c) Present arguments on any of the following matters:

(A) The application of a statute or rule to the facts in the contested case;

(B) Comparison of prior actions of the Department in handling similar situations;

(C) The literal meaning of a statute or rule directly applicable to an issue in the contested case; and

(D) The correctness of procedures being followed in the contested case hearing.

Notes

Or. Admin. Code § 813-001-0060

OHCS 15-2010(Temp), f. & cert. ef. 12-1-10 thru 5-29-11; OHCS 6-2011, f. & cert. ef. 5-25-11; OHCS 26-2019, minor correction filed 08/02/2019, effective 8/2/2019; OHCS 35-2019, minor correction filed 11/13/2019, effective 11/13/2019; OHCS 34-2023, amend filed 12/29/2023, effective 1/1/2024

Statutory/Other Authority: ORS 183.452 & ORS 90.736

Statutes/Other Implemented: ORS 183.452, ORS 90.736, ORS 90.732, ORS 205.125, ORS 446.515 & ORS 446.547