Chapter 163 Oregon Laws 2001

AN ACT

HB 2254

Relating to proceedings for matters regulated by Construction Contractors Board; creating new provisions; and amending ORS 701.160.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 701.160 is amended to read:

701.160. Notwithstanding ORS 9.320: [, a corporation that is]

(1) A party may appear or be represented by an individual who is not a member of the Oregon State Bar in [any] a proceeding before the Construction Contractors Board or [any] a representative [thereof may appear or be represented in the proceeding by an officer of the corporation who is not a member of the Oregon State Bar.] of the board, if:

(a) The party is a corporation and the individual is an officer of the corporation;

(b) The party is a partnership, or a limited liability partnership or foreign limited liability partnership as those terms are defined in ORS 67.005, and the individual is a partner in the partnership, limited liability partnership or foreign limited liability partnership;

(c) The party is a limited partnership as defined in ORS 70.005 and the individual is a general partner in the partnership;

(d) The party is a manager-managed limited liability company as defined in ORS 63.001 and the individual is a manager of the company; or

(e) The party is a member-managed limited liability company as defined in ORS 63.001 and the individual is a member of the company.

(2) In addition to parties described in subsection (1) of this section, the board, by rule, may recognize particular business forms as parties that may appear or be represented by an individual who is not a member of the Oregon State Bar in a proceeding before the board or a representative of the board. A board rule adopted under this subsection must identify the business form of the party and specify the required relationship between the party and the individual. The board may allow appearance or representation of a party only by an individual who is a director, officer, partner, trustee, manager or authorized regular employee of the party.

SECTION 2. For purposes of section 1 of this 2001 Act, when hearing a matter arising under ORS chapter 701, any member of the Hearing Officer Panel established under section 3, chapter 849, Oregon Laws 1999, is a representative of the Construction Contractors Board.

SECTION 3. Section 2 of this 2001 Act is repealed January 1, 2004.

Approved by the Governor May 21, 2001

Filed in the office of Secretary of State May 21, 2001

Effective date January 1, 2002

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