Or. Admin. Code § 167-050-0200

Current through Register Vol. 63, No. 11, November 1, 2024

Section 167-050-0200 - Representation at Hearing

(1) Secretary of State Representation. Subject to the approval of the Attorney General, an officer or employee of the Secretary of State is authorized to appear on behalf of the Secretary of State in contested case hearings involving criminal background checks conducted pursuant to these rules. The Secretary of State retains the right to be represented by the Attorney General.

(2) The agency representative may not make legal arguments on behalf of the Secretary of State.

(a) "Legal argument" includes arguments on:

(A) The jurisdiction of the Secretary of State to hear the contested case;

(B) The constitutionality of a statute or rule or the application of a constitutional requirement to the agency; and

(C) The application of court precedent to the facts of the particular contested case proceeding;

(b) "Legal argument" does not include presentation of motions, evidence, examination and cross-examination of witnesses or presentation of factual arguments or arguments on:

(A) The application of the statutes or rules to the facts in the contested case;

(B) Comparison of prior actions of the agency in handling similar situations;

(C) The literal meaning of the statute or rules directly applicable to the issues in the contested case;

(D) The admissibility of evidence; or

(E) The correctness of procedures being followed in the contested case hearing.

Or. Admin. Code § 167-050-0200

BSD 1-2008. f. & cert. ef. 7-16-08

Stat. Auth.: ORS 183.452

Stats. Implemented: ORS 181.534(9) & (11)