OAR 635-006-1210: Agency Representation by Employee

(1) An officer or employee of the agency, designated by the Director, with the written consent of the Attorney General pursuant to ORS 183.452 is authorized to represent the department in contested case hearings. (2) An agency representative acting under the provisions of this section shall not give legal advice to an agency, and may not present legal argument in contested case hearings, except to the extent authorized in subsection (3) of this section. (3) The officer presiding at a contested case hearing in which an agency representative appears under the provision of this section may allow the agency 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.