OAR 629-001-0010: Agency Representation by Officer or Employee

(1) Subject to the approval of the Attorney General, an officer or employee of this agency is authorized to appear on behalf of the agency in the following types of hearings conducted by this agency: (a) Hearings arising out of any finding or proposed order of the State Forester issued under ORS 527.610 to 527.798, 527.992; and (b) Hearings arising out of any finding or proposed order of the State Forester issued under ORS 477.490. (2) The agency representative may not make legal argument on behalf of the agency. (a) "Legal argument" includes arguments on: (A) The jurisdiction of the agency to hear the contested case; (B) The constitutionality of a statute or rule or the application of a constitutional requirement to an 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 statutes 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.