OAR 860-001-0310: Representation and Ethical Conduct

(1) All persons appearing in proceedings in a representative capacity must conform to the standards of ethical conduct required of attorneys appearing before the courts of Oregon. If a person does not conform to these standards, then the Commission may decline to permit the person to appear in a representative capacity in any proceedings. (2) Except for Staff, a party to contested case proceedings may be represented by an authorized representative who is not an attorney. (a) A party’s initial pleading in the proceedings must designate the party’s authorized representative. (b) The ALJ has authority to limit an authorized representative’s presentation of evidence, examination, and cross-examination of witnesses, or presentation of factual arguments to ensure the orderly and timely development of the hearing record. The ALJ may not allow an authorized representative who is not an attorney to present legal argument except to the extent authorized in ORS 183.457. (c) Changes to the designation of authorized representative must be made by written notice to the Filing Center. (3) Staff may represent the Commission in a contested case hearing in the following proceedings: (a) Actions initiated by the Commission to recover telecommunications assistive devices, the value of devices which the recipients fail to return, or the cost of repairing equipment that the recipient returned in a damaged condition; and (b) Denial or termination of Oregon Telephone Assistance Program benefits. (4) Staff acting under the provisions of section (3) may not give legal advice to the Commission and may not present legal argument in contested case hearings, except to the extent authorized by this section. (a) “Legal Argument” includes arguments on: (A) The jurisdiction of the Commission to hear the contested case; (B) The constitutionality of a statute or rule or the application of a constitutional requirement to the Commission (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 to the Commission 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; and (E) The correctness of procedures being followed in the hearing. (5) If the ALJ determines that statements or objections made by Staff appearing under section (3) involve legal argument as defined in this rule, the ALJ will provide reasonable opportunity for Staff to consult with the Attorney General and permit the Attorney General to present argument at the hearing or to file written legal argument within a reasonable time after conclusion of the hearing.