(1) Notwithstanding ORS § 8.690, 9.160 and 9.320, a home care worker or personal support 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.

Terms Used In Oregon Statutes 183.459

  • Agency: means any state board, commission, department, or division thereof, or officer authorized by law to make rules or to issue orders, except those in the legislative and judicial branches. See Oregon Statutes 183.310
  • Contested case: means a proceeding before an agency:

    (A) In which the individual legal rights, duties or privileges of specific parties are required by statute or Constitution to be determined only after an agency hearing at which such specific parties are entitled to appear and be heard;

    (B) Where the agency has discretion to suspend or revoke a right or privilege of a person;

    (C) For the suspension, revocation or refusal to renew or issue a license where the licensee or applicant for a license demands such hearing; or

    (D) Where the agency by rule or order provides for hearings substantially of the character required by ORS § 183. See Oregon Statutes 183.310

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Hearing officer: includes an administrative law judge. See Oregon Statutes 183.310

(2) Notwithstanding ORS § 8.690, 9.160 and 9.320, a family child care provider, as defined in ORS § 329A.430, who is a party in a contested case hearing conducted by the Department of Early Learning and Care may be represented in the hearing by a labor union representative.

(3) 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. [2009 c.424 § 2; 2018 c.75 § 9; 2021 c.631 § 16; 2023 c.554 § 43]

 

183.459 was added to and made a part of 183.413 to 183.470 by legislative action but was not added to any other series. See Preface to Oregon Revised Statutes for further explanation.

 

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