Oregon Administrative Rules
Chapter 167 - SECRETARY OF STATE, BUSINESS SERVICES DIVISION
Division 50 - CRIMINAL RECORDS CHECK RULES
Section 167-050-0200 - Representation at Hearing
Universal Citation: OR Admin Rules 167-050-0200
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Secretary of State Representation. Subject to the approval of the Attorney General, an officer or employee of the Secretary of State is authorized to appear on behalf of the Secretary of State in contested case hearings involving criminal background checks conducted pursuant to these rules. The Secretary of State retains the right to be represented by the Attorney General.
(2) The agency representative may not make legal arguments on behalf of the Secretary of State.
(a) "Legal argument" includes arguments on:
(A) The jurisdiction of the Secretary of
State to hear the contested case;
(B) The constitutionality of a statute or
rule or the application of a constitutional requirement to the 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 statute or rules directly applicable to the issues
in the contested case;
(D) The
admissibility of evidence; or
(E)
The correctness of procedures being followed in the contested case
hearing.
Stat. Auth.: ORS 183.452
Stats. Implemented: ORS 181.534(9) & (11)
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