OAR 141-001-0010: Contested Case Hearings

Procedures for contested case hearings for the Department of State Lands are provided in the Model Rules of Procedure, OAR 137-003-0501 to 137-003-0700 by the Office of Administrative Hearings. The rules in this division (001) are subject to the approval of the Attorney General and are intended to supplement the Model Rules of Procedure providing additional guidance for conduct of contested case hearings. An officer or employee of the Department is authorized to appear on behalf of the agency with the following restrictions in hearings conducted before another agency: (1) The agency representative may not make legal argument on behalf of the agency. (2) Legal argument as used in ORS 183.452(3) and this rule has the same meaning as in OAR 137-003-0008(1)(c) and (d). (3) When an agency officer or employee represents the agency, the presiding officer will advise such representative of the manner in which objections may be made and matters preserved for appeal. Such advice is of a procedural nature and does not change applicable law on waiver or the duty to make timely objection. Where such objections involve legal argument, the presiding officer will provide reasonable opportunity for the agency officer or employee to consult legal counsel and permit such legal counsel to file written legal argument within a reasonable time after conclusion of the hearing.