ORS 183.457
Representation of persons other than agencies participating in contested case hearings


(1)

Notwithstanding ORS 8.690 (Advising and representing county officers and employees), 9.160 (Bar membership required to practice law) and 9.320 (Necessity for employment of attorney), and unless otherwise authorized by another law, a person participating in a contested case hearing conducted by an agency described in this subsection may be represented by an attorney or by an authorized representative subject to the provisions of subsection (2) of this section. The Attorney General shall prepare model rules for proceedings with lay representation that do not have the effect of precluding lay representation. No rule adopted by a state agency shall have the effect of precluding lay representation. The agencies before which an authorized representative may appear are:

(a)

The State Landscape Contractors Board in the administration of the Landscape Contractors Law.

(b)

The State Department of Energy and the Energy Facility Siting Council.

(c)

The Environmental Quality Commission and the Department of Environmental Quality.

(d)

The Department of Consumer and Business Services for proceedings in which an insured appears pursuant to ORS 737.505 (Insured entitled to rate information).

(e)

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 ORS 455.010 (Definitions for ORS chapter 455).

(f)

The Department of the State Fire Marshal.

(g)

The Department of State Lands for proceedings regarding the issuance or denial of fill or removal permits under ORS 196.800 (Definitions for ORS 196.600 to 196.921) to 196.825 (Criteria for issuance of permit).

(h)

The Public Utility Commission.

(i)

The Water Resources Commission and the Water Resources Department.

(j)

The Land Conservation and Development Commission and the Department of Land Conservation and Development.

(k)

The State Department of Agriculture, for purposes of hearings under ORS 215.705 (Dwellings in farm or forest zone).

(L)

The Bureau of Labor and Industries.

(2)

A person participating in a contested case hearing as provided in subsection (1) of this section may appear by an authorized representative if:

(a)

The agency conducting the contested case hearing has determined that appearance of such a person by an authorized representative will not hinder the orderly and timely development of the record in the type of contested case hearing being conducted;

(b)

The agency conducting the contested case hearing allows, by rule, authorized representatives to appear on behalf of such participants in the type of contested case hearing being conducted; and

(c)

The officer presiding at the contested case hearing may exercise discretion to limit an authorized representative’s presentation of evidence, examination and cross-examination of witnesses, or presentation of factual arguments to ensure the orderly and timely development of the hearing record, and shall not allow an authorized representative to present legal arguments except to the extent authorized under subsection (3) of this section.

(3)

The officer presiding at a contested case hearing in which an authorized representative appears under the provisions of this section may allow the authorized representative to present evidence, examine and cross-examine witnesses, and make arguments relating to the:

(a)

Application of statutes and rules to the facts in the contested case;

(b)

Actions taken by the agency in the past in similar situations;

(c)

Literal meaning of the statutes or rules at issue in the contested case;

(d)

Admissibility of evidence; and

(e)

Proper procedures to be used in the contested case hearing.

(4)

Upon judicial review, no limitation imposed by an agency presiding officer on the participation of an authorized representative shall be the basis for reversal or remand of agency action unless the limitation resulted in substantial prejudice to a person entitled to judicial review of the agency action.

(5)

For the purposes of this section, “authorized representative” means a member of a participating partnership, an authorized officer or regular employee of a participating corporation, association or organized group, or an authorized officer or employee of a participating governmental authority other than a state agency. [1987 c.833 §3; 1989 c.453 §2; 1993 c.186 §4; 1995 c.102 §1; 1999 c.448 §1; 1999 c.599 §1; 2021 c.539 §109]
Note: The name of the office of the State Fire Marshal is being changed to the Department of the State Fire Marshal. The name change becomes operative on July 1, 2023. See sections 89 and 155a, chapter 539, Oregon Laws 2021. Between July 1, 2022, and July 1, 2023, references to the Department of the State Fire Marshal shall be construed to mean the office of the State Fire Marshal in the Department of State Police. See section 155c, chapter 539, Oregon Laws 2021.
Note: The amendments to 183.457 (Representation of persons other than agencies participating in contested case hearings) by section 109, chapter 539, Oregon Laws 2021, become operative July 1, 2022. See section 155, chapter 539, Oregon Laws 2021. The text that is operative until July 1, 2022, is set forth for the user’s convenience.
183.457 (Representation of persons other than agencies participating in contested case hearings). (1) Notwithstanding ORS 8.690 (Advising and representing county officers and employees), 9.160 (Bar membership required to practice law) and 9.320 (Necessity for employment of attorney), and unless otherwise authorized by another law, a person participating in a contested case hearing conducted by an agency described in this subsection may be represented by an attorney or by an authorized representative subject to the provisions of subsection (2) of this section. The Attorney General shall prepare model rules for proceedings with lay representation that do not have the effect of precluding lay representation. No rule adopted by a state agency shall have the effect of precluding lay representation. The agencies before which an authorized representative may appear are:

(a)

The State Landscape Contractors Board in the administration of the Landscape Contractors Law.

(b)

The State Department of Energy and the Energy Facility Siting Council.

(c)

The Environmental Quality Commission and the Department of Environmental Quality.

(d)

The Department of Consumer and Business Services for proceedings in which an insured appears pursuant to ORS 737.505 (Insured entitled to rate information).

(e)

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 ORS 455.010 (Definitions for ORS chapter 455).

(f)

The State Fire Marshal in the Department of State Police.

(g)

The Department of State Lands for proceedings regarding the issuance or denial of fill or removal permits under ORS 196.800 (Definitions for ORS 196.600 to 196.921) to 196.825 (Criteria for issuance of permit).

(h)

The Public Utility Commission.

(i)

The Water Resources Commission and the Water Resources Department.

(j)

The Land Conservation and Development Commission and the Department of Land Conservation and Development.

(k)

The State Department of Agriculture, for purposes of hearings under ORS 215.705 (Dwellings in farm or forest zone).

(L)

The Bureau of Labor and Industries.

(2)

A person participating in a contested case hearing as provided in subsection (1) of this section may appear by an authorized representative if:

(a)

The agency conducting the contested case hearing has determined that appearance of such a person by an authorized representative will not hinder the orderly and timely development of the record in the type of contested case hearing being conducted;

(b)

The agency conducting the contested case hearing allows, by rule, authorized representatives to appear on behalf of such participants in the type of contested case hearing being conducted; and

(c)

The officer presiding at the contested case hearing may exercise discretion to limit an authorized representative’s presentation of evidence, examination and cross-examination of witnesses, or presentation of factual arguments to ensure the orderly and timely development of the hearing record, and shall not allow an authorized representative to present legal arguments except to the extent authorized under subsection (3) of this section.

(3)

The officer presiding at a contested case hearing in which an authorized representative appears under the provisions of this section may allow the authorized representative to present evidence, examine and cross-examine witnesses, and make arguments relating to the:

(a)

Application of statutes and rules to the facts in the contested case;

(b)

Actions taken by the agency in the past in similar situations;

(c)

Literal meaning of the statutes or rules at issue in the contested case;

(d)

Admissibility of evidence; and

(e)

Proper procedures to be used in the contested case hearing.

(4)

Upon judicial review, no limitation imposed by an agency presiding officer on the participation of an authorized representative shall be the basis for reversal or remand of agency action unless the limitation resulted in substantial prejudice to a person entitled to judicial review of the agency action.

(5)

For the purposes of this section, “authorized representative” means a member of a participating partnership, an authorized officer or regular employee of a participating corporation, association or organized group, or an authorized officer or employee of a participating governmental authority other than a state agency.
Note: 183.457 (Representation of persons other than agencies participating in contested case hearings) was added to and made a part of 183.413 (Notice to parties before hearing of rights and procedure) to 183.470 (Orders in contested cases) by legislative action but was not added to any other series. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 183.457 — Representation of persons other than agencies participating in contested case hearings, https://www.­oregonlegislature.­gov/bills_laws/ors/ors183.­html.

183.310
Definitions for chapter
183.315
Application of provisions of chapter to certain agencies
183.325
Delegation of rulemaking authority to named officer or employee
183.330
Description of organization
183.332
Policy statement
183.333
Policy statement
183.335
Notice
183.336
Cost of compliance effect on small businesses
183.337
Procedure for agency adoption of federal rules
183.341
Model rules of procedure
183.355
Filing and taking effect of rules
183.360
Publication of rules and orders
183.365
Publication of administrative rules in electronic form
183.370
Distribution of published rules
183.390
Petitions requesting adoption of rules
183.400
Judicial determination of validity of rule
183.403
Agency report to Legislative Assembly regarding temporary rules
183.405
Agency review of rules
183.407
Small Business Rules Advisory Committee
183.410
Agency determination of applicability of rule or statute to petitioner
183.411
Delegation of final order authority
183.413
Notice to parties before hearing of rights and procedure
183.415
Notice of right to hearing
183.417
Procedure in contested case hearing
183.425
Depositions or subpoena of material witness
183.430
Hearing on refusal to renew license
183.435
Period allowed to request hearing for license refusal on grounds other than test or inspection results
183.440
Subpoenas in contested cases
183.445
Subpoena by agency or attorney of record of party when agency not subject to ORS 183.440
183.450
Evidence in contested cases
183.452
Representation of agencies at contested case hearings
183.453
Representation of Oregon Health Authority and Department of Human Services at contested case hearings
183.457
Representation of persons other than agencies participating in contested case hearings
183.458
Nonattorney and out-of-state attorney representation of parties in certain contested case hearings
183.459
Representation of home care worker by labor union representative
183.460
Examination of evidence by agency
183.462
Agency statement of ex parte communications
183.464
Proposed order by hearing officer
183.470
Orders in contested cases
183.471
Preservation of orders in electronic format
183.480
Judicial review of agency orders
183.482
Jurisdiction for review of contested cases
183.484
Jurisdiction for review of orders other than contested cases
183.485
Decision of court on review of contested case
183.486
Form and scope of decision of reviewing court
183.490
Agency may be compelled to act
183.497
Awarding costs and attorney fees when finding for petitioner
183.500
Appeals
183.502
Authority of agencies to use alternative means of dispute resolution
183.530
Housing cost impact statement required for certain proposed rules
183.534
Housing cost impact statement described
183.538
Effect of failure to prepare housing cost impact statement
183.540
Reduction of economic impact on small business
183.605
Office of Administrative Hearings
183.610
Chief administrative law judge
183.615
Administrative law judges
183.620
Contract administrative law judges
183.625
Assignment of administrative law judges
183.630
Model rules of procedure
183.635
Agencies required to use administrative law judges from Office of Administrative Hearings
183.640
Use of Office of Administrative Hearings by exempt agencies and by political subdivisions
183.645
Request for change of administrative law judge
183.650
Form of order
183.655
Fees
183.660
Office of Administrative Hearings Operating Account
183.665
Estimates of office expenses
183.670
Rules
183.675
Alternative dispute resolution
183.680
Standards and training program
183.685
Ex parte communications
183.690
Office of Administrative Hearings Oversight Committee
183.700
Permits subject to ORS 183.702
183.702
Statement of criteria and procedures for evaluating permit application
183.705
Extended term for renewed licenses
183.710
Definitions for ORS 183.710 to 183.730
183.715
Submission of adopted rule to Legislative Counsel required
183.720
Procedure for review of agency rule
183.722
Required agency response to Legislative Counsel determination
183.724
Designation of interim committees for purposes of considering rule reports
183.730
Review of rule by Oregon Sunshine Committee
183.745
Civil penalty procedures
183.750
State agency required to prepare public writings in readable form
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