Oregon Administrative Rules
Chapter 471 - EMPLOYMENT DEPARTMENT
Division 70 - Paid Family Medical Leave Insurance
Section 471-070-8000 - Appeals: Department Representation in Hearing
Universal Citation: OR Admin Rules 471-070-8000
Current through Register Vol. 63, No. 12, December 1, 2024
(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.
Statutory/Other Authority: ORS 657B.340 & ORS 183.452
Statutes/Other Implemented: ORS 183.452 & 657B.410
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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