Chapter 424 Oregon Laws 2009

AN ACT

SB 383

Relating to home care workers.

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

SECTION 1. Section 2 of this 2009 Act is added to and made a part of ORS 183.413 to 183.470.

SECTION 2. (1) Notwithstanding ORS 8.690, 9.160 and 9.320, a home care worker, as defined in ORS 410.600, who is a party in a contested case hearing conducted by the Department of Human Services may be represented in the hearing by a labor union representative.

          (2) The hearing officer at a contested case hearing in which a labor union representative appears under the provisions of this section shall allow the representative to present evidence, examine and cross-examine witnesses and make arguments relating to the:

          (a) Application of statutes and rules to the facts in the contested case;

          (b) Actions taken by the agency in the past in similar situations;

          (c) Literal meaning of the statutes or rules at issue in the contested case;

          (d) Admissibility of evidence; and

          (e) Proper procedures to be used in the contested case hearing.

Approved by the Governor June 18, 2009

Filed in the office of Secretary of State June 18, 2009

Effective date January 1, 2010

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