Chapter 599 Oregon Laws 1999
Session Law
AN ACT
HB 2826
Relating to lay
representation in administrative hearings; amending ORS 183.457.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 183.457 is amended to read:
183.457. (1) Notwithstanding ORS 8.690, 9.160 and 9.320, and
unless otherwise authorized by another law, a person participating in a
contested case hearing conducted by an agency described in this subsection may
be represented by an attorney or by an authorized representative subject to the
provisions of subsection (2) of this section. The Attorney General shall
prepare model rules for proceedings with lay representation that do not have
the effect of precluding lay representation. No rule adopted by a state agency
shall have the effect of precluding lay representation. The agencies before
which an authorized representative may appear are:
(a) The State Landscape Contractors Board in the administration
of the Landscape Contractors Law.
(b) The Office of Energy and the Energy Facility Siting
Council.
(c) The Environmental Quality Commission and the Department of
Environmental Quality.
(d) The Department of Consumer and Business Services for
proceedings in which an insured appears pursuant to ORS 737.505.
(e) The Department of
Consumer and Business Services and any other agency for the purpose of
proceedings to enforce the state building code, as defined by ORS 455.010.
[(e)] (f) The State Fire Marshal in the
Department of State Police.
[(f)] (g) The Division of State Lands for
proceedings regarding the issuance or denial of fill or removal permits under
ORS 196.800 to 196.825.
[(g)] (h) The Public Utility Commission.
[(h)] (i) The Water Resources Commission and
the Water Resources Department.
[(i)] (j) The Land Conservation and
Development Commission and the Department of Land Conservation and Development.
[(j)] (k) The State Department of
Agriculture, for purposes of hearings under ORS 215.705.
(2) A person participating in a contested case hearing as
provided in subsection (1) of this section may appear by an authorized
representative if:
(a) The agency conducting the contested case hearing has
determined that appearance of such a person by an authorized representative
will not hinder the orderly and timely development of the record in the type of
contested case hearing being conducted;
(b) The agency conducting the contested case hearing allows, by
rule, authorized representatives to appear on behalf of such participants in
the type of contested case hearing being conducted; and
(c) The officer presiding at the contested case hearing may
exercise discretion to limit an authorized representative's presentation of
evidence, examination and cross-examination of witnesses, or presentation of
factual arguments to insure the orderly and timely development of the hearing
record, and shall not allow an authorized representative to present legal
arguments.
(3) Upon judicial review, no limitation imposed by an agency
presiding officer on the participation of an authorized representative shall be
the basis for reversal or remand of agency action unless the limitation
resulted in substantial prejudice to a person entitled to judicial review of
the agency action.
(4) For the purposes of this section, "authorized
representative" means a member of a participating partnership, an
authorized officer or regular employee of a participating corporation,
association or organized group, or an authorized officer or employee of a
participating governmental authority other than a state agency.
Approved by the Governor
July 12, 1999
Filed in the office of
Secretary of State July 12, 1999
Effective date October 23,
1999
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