Oregon Administrative Rules
Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES
Division 20 - DISPUTE RESOLUTION AND REVIEW OF DETERMINATIONS OF REHABILITATION SERVICES
Section 582-020-0100 - Agency Representation during Impartial Hearings

Universal Citation: OR Admin Rules 582-020-0100

Current through Register Vol. 63, No. 9, September 1, 2024

(1) OVRS may be represented by an Assistant Attorney General.

(2) Subject to the approval of the Attorney General, an employee of OVRS is authorized to appear as the agency representative in hearings governed by OAR chapter 582, division 020.

(3) An OVRS representative may not make "legal argument."

(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 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 evidence, examination and cross-examination of witnesses or presentation of factual arguments or arguments on:
(A) The application of the facts to the statutes or rules directly applicable to the issues 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; and

(D) The admissibility of evidence or the correctness of procedures being followed.

(4) When an agency representative represents OVRS, the Impartial Hearing Officer shall advise the representative of the manner in which objections may be made and matters preserved for appeal. Such advice is of a procedural nature and does not change applicable law on waiver or the duty to make timely objection. Where such objections involve legal argument, the Impartial Hearing Officer shall provide reasonable opportunity for the OVRS employee to consult legal counsel and permit such legal counsel to file written legal argument within a reasonable time after conclusion of the hearing.

Statutory/Other Authority: ORS 344.530(2), 344.590

Statutes/Other Implemented: ORS 183.310 - 183.550, 344.511 - 344.690, 344.710 - 344.730

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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