Oregon Administrative Rules
Chapter 581 - OREGON DEPARTMENT OF EDUCATION
Division 1 - PROCEDURAL RULES
Section 581-001-0002 - Authorization for Employee to Appear on Behalf of Agency in Certain Hearings
Universal Citation: OR Admin Rules 581-001-0002
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Subject to the approval of the Attorney General, an officer or employee of the Department of Education is authorized to appear on behalf of the agency in the following types of hearings conducted by this agency or the Office of Administrative Hearings:
(a) Appeals under ORS
326.603 and OAR 581-021-0510 and
581-021-0511 relating to an applicant's employment or eligibility to contract
with a school district based on the results of a criminal background check;
and.
(b) Appeals under ORS
820.110 and OAR 581-053-0060
relating to school buses and actions taken by the Department against a
certificate or permit holder. These may include suspensions, revocations or
refusals of certificates or permits.
(2) The Department 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; and
(E)
The correctness of procedures being followed in the contested case
hearing.
Statutory/Other Authority: ORS 183.452
Statutes/Other Implemented: ORS 183.452
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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