Oregon Administrative Rules
Chapter 851 - BOARD OF NURSING
Division 1 - RULES OF PRACTICE AND PROCEDURE
Section 851-001-0008 - Agency Representation at Hearings
Universal Citation: OR Admin Rules 851-001-0008
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 Board is authorized to appear on behalf of the Board in Civil Penalty hearings under the following conditions:
(a) The Notice of Proposed Civil Penalty is
$2,900.00 or less;
(b) The issue
for the contested case hearing is whether or not the licensee continued to
practice nursing after the expiration of his/her license; and
(c) The licensee is not represented by legal
counsel at the hearing.
(2) The agency representative may not make legal argument on behalf of the Board.
(a)
"Legal argument" includes arguments on:
(A)
The jurisdiction of the Board 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 Board
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.
Stat. Auth.: ORS 678.117, ORS 678.128 & ORS 678.150
Stats. Implemented: ORS 678.117, ORS 678.128 & ORS 678.150
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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