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Oregon Bulletin

July 1, 2011

 

Oregon Housing and Community Services Department
Chapter 813

Rule Caption: Allows Department to appoint a representative for contested case hearings on assessed civil penalties.

Adm. Order No.: OHCS 6-2011

Filed with Sec. of State: 5-25-2011

Certified to be Effective: 8-25-11

Notice Publication Date: 4-1-2011

Rules Adopted: 813-001-0060

Rules Repealed: 813-001-0060(T)

Subject: 813-001-0060 Allows an employee of Oregon Housing and Community Services to appear on behalf of the Department in contested case hearings conducted by the Department, by the Office of Administrative Hearings, or by another agency on civil penalties assessed by the Department against a landlord or owner of a manufactured dwelling park. Establishes actions employee may be involved in during the hearing.

Rules Coordinator: Sandy McDonnell—(503) 986-2012

813-001-0060

Lay Representative, Contested Cases Involving Civil Penalty

(1) Subject to the approval of the Attorney General, an officer or employee of the Department is authorized to appear on behalf of the Department in a contested case hearing conducted by the Department or by the Office of Administrative Hearings on a civil penalty assessed by the Department against a landlord or owner of a manufactured dwelling park pursuant to section 4, chapter 619, Oregon Laws 2005.

(2) Subject to the approval of the Attorney General, an officer or employee of the Department is authorized to appear on behalf of the Department in a contested case hearing conducted before another agency on a civil penalty assessed by the Department against a landlord or owner of a manufactured dwelling park pursuant to section 4, chapter 619, Oregon Laws 2005.

(3) A representative of the Department under section (1) of this rule may not make legal argument on behalf of the Department, including an argument on any of the following:

(a) The jurisdiction of the Department to hear the contested case;

(b) The constitutionality of a statute or rule or the application of a constitutional requirement to the Department or an agency generally; or

(c) The application of court precedent to the facts of the particular contested case proceeding.

(4) A representative of the Department under section (1) of this rule may do any of the following:

(a) Examine and cross-examine witnesses;

(b) Present motions, evidence and factual arguments; and

(c) Present arguments on any of the following matters:

(A) The application of a statute or rule to the facts in the contested case;

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

(C) The literal meaning of a statute or rule directly applicable to an issue in the contested case;

(D) The admissibility of evidence; and

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

Stat. Auth.: ORS 183.452

Stats. Implemented: ORS 183.452 & 2005 OL ch. 619 sec. 4

Hist.: OHCS 15-2010(Temp), f. & cert. ef. 12-1-10 thru 5-29-11; OHCS 6-2011, f. & cert. ef. 5-25-11

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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