2011 ORS § 609.158¹
- • notice of determination
- • reexamination of determination
(1) A hearing may be conducted and a determination whether a dog has killed, wounded, injured or chased livestock may be made by the county governing body or any members thereof, the dog control board or any members thereof or a county hearings officer.
(2) Notwithstanding ORS 9.160 (Bar membership required to practice law) and 9.320 (Necessity for employment of attorney), the county may choose to be represented at the hearing by any employee of the county. If the employee is not an attorney, the employee shall not present legal argument, examine or cross-examine witnesses, present rebuttal evidence or give legal advice to the governing body, dog control board or hearings officer conducting the hearing.
(3) The person presiding at the hearing shall ensure that the record developed at the hearing shows a full and fair inquiry into the facts necessary to determine the matter alleged. A determination made by a county following a hearing must be upon consideration of the whole record and supported by reliable, probative and substantial evidence.
(4) The county shall notify the dog owner of its determination and of any civil penalties or other measures imposed by delivering or mailing a copy to the dog owner or, if applicable, the attorney of the dog owner.
(5) If a hearing is not conducted by a majority of the county governing body, the owner may request that the county governing body reexamine the determination. If the county governing body does not grant the request for reexamination within 14 days, the request shall be deemed denied. A county governing body may not reexamine a determination if a petition for judicial review of the determination has been filed. [1999 c.756 §3]