Chapter 49 Oregon Laws 2009

AN ACT

SB 288

Relating to representation of individual with mental illness committed to custody of Department of Human Services; amending ORS 183.458.

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

SECTION 1. ORS 183.458 is amended to read:

          183.458. (1) Notwithstanding any other provision of law, in any contested case hearing before a state agency involving child support, [or] public assistance as defined in ORS 411.010[,] or the right to be free from potentially unusual or hazardous treatment procedures under ORS 426.385 (3), a party may be represented by any of the following persons:

          (a) An authorized representative who is an employee of a nonprofit legal services program that receives funding pursuant to ORS 9.572. The authorized representative must be supervised by an attorney also employed by a legal services program.

          (b) An authorized representative who is an employee of the system described in ORS 192.517 (1). The authorized representative must be supervised by an attorney also employed by the system.

          (2) In any contested case hearing before a state agency involving child support, a party may be represented by a law student who is:

          (a) Handling the child support matter as part of a law school clinical program in which the student is enrolled; and

          (b) Supervised by an attorney employed by the program.

          (3) A person authorized to represent a party under this section may present evidence in the proceeding, examine and cross-examine witnesses and present factual and legal arguments in the proceeding.

Approved by the Governor March 31, 2009

Filed in the office of Secretary of State April 1, 2009

Effective date January 1, 2010

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