Current through Register Vol. 63, No. 9, September 1, 2024
(1)
All persons appearing in proceedings in a representative capacity must conform
to the standards of ethical conduct required of attorneys appearing before the
courts of Oregon. If a person does not conform to these standards, then the
Commission may decline to permit the person to appear in a representative
capacity in any proceedings.
(2)
Except for Staff, a party to contested case proceedings may be represented by
an authorized representative who is not an attorney.
(a) A party's initial pleading in the
proceedings must designate the party's authorized representative.
(b) The ALJ has authority to limit an
authorized representative's presentation of evidence, examination, and
cross-examination of witnesses, or presentation of factual arguments to ensure
the orderly and timely development of the hearing record. The ALJ may not allow
an authorized representative who is not an attorney to present legal argument
except to the extent authorized in ORS
183.457.
(c) Changes to the designation of authorized
representative must be made by written notice to the Filing Center.
(3) Staff may represent the
Commission in a contested case hearing in the following proceedings:
(a) Actions initiated by the Commission to
recover telecommunications assistive devices, the value of devices which the
recipients fail to return, or the cost of repairing equipment that the
recipient returned in a damaged condition; and
(b) Denial or termination of Oregon Telephone
Assistance Program benefits.
(4) Staff acting under the provisions of
section (3) may not give legal advice to the Commission and may not present
legal argument in contested case hearings, except to the extent authorized by
this section.
(a) "Legal Argument" includes
arguments on:
(A) The jurisdiction of the
Commission to hear the contested case;
(B) The constitutionality of a statute or
rule or the application of a constitutional requirement to the Commission
(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 to the
Commission 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 hearing.
(5) If the ALJ determines that statements or
objections made by Staff appearing under section (3) involve legal argument as
defined in this rule, the ALJ will provide reasonable opportunity for Staff to
consult with the Attorney General and permit the Attorney General to present
argument at the hearing or to file written legal argument within a reasonable
time after conclusion of the hearing.
Stat. Auth.: ORS
756.040 &
756.060
Stats. Implemented: ORS
183.452-183.458,
756.040 &
756.500 -
756.575
